Toyota Material Handling, U.S.A., INC. v. Ravas USA, LLC
| Toyota Material Handling U.S.A., Inc. |
| TRANSCELL TECHNOLOGY, INC. |
| RAVAS USA, LLC |
| STREATOR INDUSTRIAL HANDLING, INC. |
| 1:2019cv04645 |
| July 10, 2019 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 151 MINUTE entry before the Honorable Matthew F. Kennelly: Corrected Minute Entry #150 . Telephone status hearing held on 2/12/2020 with attorneys for all parties. The parties have a private mediation scheduled for late February. Telephone status hearing, to be initiated by the parties, is set for 3/18/2020 at 8:45 a.m. Mailed notice. (mma, ) |
| Filing 150 MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 2/12/2020 with attorneys for all parties. The parties have a propose mediation scheduled for late February. Telephone status hearing, to be initiated by the parties, is set for 3/18/2020 at 8:45 a.m. Mailed notice. (mma, ) |
| Filing 149 Notice of Subpoena Issued by RAVAS USA, LLC (Peters, Tyler) |
| Filing 148 Notice of Subpoena Issued by RAVAS USA, LLC (Peters, Tyler) |
| Filing 147 ATTORNEY Appearance for Third Party Plaintiffs RAVAS USA, LLC, RAVAS USA, LLC, Cross Claimant RAVAS USA, LLC, Defendant RAVAS USA, LLC by Michael B. Lowe (Lowe, Michael) |
| Filing 146 MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Michael B. Lowe to appear pro hac vice #142 is granted. (mk) |
| Filing 145 ANSWER to Crossclaim and Amended Affirmative Defenses by Transcell Technology, Inc.(Greenspan, Jeffrey) |
| Filing 144 ANSWER to amended complaint Third Amended Complaint by Transcell Technology, Inc.(Greenspan, Jeffrey) |
| Filing 143 NOTICE of Motion by Michael B. Lowe for presentment of motion to appear pro hac vice #142 before Honorable Matthew F. Kennelly on 1/28/2020 at 09:30 AM. (Lowe, Michael) |
| Filing 142 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16633686. (Lowe, Michael) |
| Filing 141 MINUTE entry before the Honorable Matthew F. Kennelly: Corrected Minute Entry #140 . Rule 16(b) status hearing held on 1/10/2020 with attorneys for all parties. Defendants are to respond to plaintiff's settlement proposal within 14 days. Telephone status hearing, to be initiated by the parties, is set for 2/12/2020 at 8:45 a.m. Motion to extend deadline to amend pleadings and add parties is granted 137; new deadline is 3/15/2020. Mailed notice. (mma, ) |
| Filing 140 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 1/10/2020 with attorneys for all parties. Defendants are to respond to plaintiff's settlement proposal within 14 days. Telephone status hearing, to be initiated by the parties, is set for 2/12/2020 at 8:45 a.m. Motion to extend deadline to amend pleadings and add parties is granted #137 ; new deadline is 3/15/2021. Mailed notice. (mma, ) |
Filing 139
ORDER ON TRANSCELL'S MOTIONS TO DISMISS, signed by the Honorable Matthew F. Kennelly on 1/9/2020: For the reasons stated in the accompanying order, the Court denies both of Transcell's motions to dismiss #100 #103 and directs Transcell to answer the third amended complaint and the crossclaim within 14 days of this order. (mk)
|
| Filing 138 Notice of Agreed Motion to Extend Discovery NOTICE of Motion by Daniel J. Mohan for presentment of motion for extension of time to complete discovery #137 before Honorable Matthew F. Kennelly on 1/10/2020 at 08:45 AM. (Mohan, Daniel) |
| Filing 137 MOTION by Third Party Defendants STREATOR INDUSTRIAL HANDLING, INC., STREATOR INDUSTRIAL HANDLING, INC., Cross Defendant STREATOR INDUSTRIAL HANDLING, INC. for extension of time to complete discovery AGREED MOTION (Mohan, Daniel) |
| Filing 136 CERTIFICATE of Service of Discovery Responses by Tyler Peters on behalf of RAVAS USA, LLC (Peters, Tyler) |
| Filing 135 Notice of Subpoenas Issued by STREATOR INDUSTRIAL HANDLING, INC. (Mohan, Daniel) |
| Filing 134 Notice of Rule 30(b)(6) Deposition Subpoenas by STREATOR INDUSTRIAL HANDLING, INC. (Mohan, Daniel) |
| Filing 133 CERTIFICATE of Service of Discovery Responses by Tyler Peters on behalf of RAVAS USA, LLC (Peters, Tyler) |
| Filing 132 MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 11/20/2019 with attorneys for all parties. Deadline for any motions to amend or add claims or parties is 1/31/2020. Status hearing is continued to 1/10/2020 at 8:45 a.m. Fact discovery ordered closed 5/31/2020. Mailed notice. (mma, ) |
| Filing 131 CERTIFICATE of Service by Third Party Defendants STREATOR INDUSTRIAL HANDLING, INC., STREATOR INDUSTRIAL HANDLING, INC., Cross Defendant STREATOR INDUSTRIAL HANDLING, INC. Notice of Service of Discovery (Mohan, Kerry) |
| Filing 130 ATTORNEY Appearance for Plaintiff Toyota Material Handling U.S.A., Inc. by Brooke Rogers (Rogers, Brooke) |
| Filing 129 REPLY by Defendant Transcell Technology, Inc. to Motion to Dismiss for Failure to State a Claim #100 In Support of Its Motion to Dismiss Third Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Greenspan, Jeffrey) |
| Filing 128 REPLY by Defendant Transcell Technology, Inc. to Motion to Dismiss for Failure to State a Claim #103 In Support of Its Motion to Dismiss Counts I Through VI of Ravas USA, LLC's Crossclaim (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Greenspan, Jeffrey) |
| Filing 127 RESPONSE by Toyota Material Handling U.S.A., Inc.in Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Transcell Technology, Inc. #100 (Albright, Andrew) |
| Filing 126 CERTIFICATE of Service of Requests for Production of Documents by Tyler Peters on behalf of RAVAS USA, LLC (Peters, Tyler) |
| Filing 125 MINUTE entry before the Honorable Matthew F. Kennelly: At plaintiff's request, the response deadline to motions to dismiss #100 and #103 is extended to 10/22/2019; deadline for replies is extended to 11/5/2019. Mailed notice. (pjg, ) |
| Filing 124 RESPONSE by RAVAS USA, LLC to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Transcell Technology, Inc. Motion to Dismiss Counts I Through VI of Ravas USA, LLC's Crossclaim #103 (Peters, Tyler) |
| Filing 123 AGREED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 10/13/2019. Motion for entry of agreed confidentiality order is granted. (mk) |
| Filing 122 MOTION by Plaintiff Toyota Material Handling U.S.A., Inc.Entry of Agreed Confidentiality Order (Attachments: #1 Text of Proposed Order Agreed Confidentiality Order)(Albright, Andrew) |
| Filing 121 MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 10/4/2019. Argument heard on the Motion for Leave to Take Discovery and to Address Spoliation Issues in Advance of Discovery on Other Issues #109 . Motion to Address Spoliation Issues in Advance of Discovery on Other Issues is denied without prejudice for reasons stated in open court. Telephone status hearing, to be initiated by the parties, is set for 11/20/2019 at 8:45 a.m. Mailed notice. (mma, ) |
| Filing 120 RESPONSE by Toyota Material Handling U.S.A., Inc.in Opposition to MOTION by Defendant Transcell Technology, Inc.For Leave to Take Discovery and to Address Spoliation Issues in Advance of Discovery on Other Issues #109 (Albright, Andrew) |
| Filing 119 ANSWER to Crossclaim by STREATOR INDUSTRIAL HANDLING, INC.(Mohan, Kerry) |
| Filing 118 SEALED EXHIBIT by Defendant Transcell Technology, Inc. regarding answer to crossclaim,,, #106 (Greenspan, Jeffrey) |
| Filing 117 SEALED EXHIBIT by Defendant Transcell Technology, Inc. regarding memorandum in support of motion #104 (Greenspan, Jeffrey) |
| Filing 116 SEALED EXHIBIT by Defendant Transcell Technology, Inc. regarding memorandum in support of motion #101 (Greenspan, Jeffrey) |
| Filing 115 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing and motion hearing held on 9/24/2019. Motion to file under seal #107 is granted. Response to motion to take discovery #109 is due by 10/1/2019. No reply. Argument is set for 10/4/2019 at 1:30 p.m. Responses to motions to dismiss {100} {103} are due by 10/15/2019; replies are due by 10/29/2019. Mailed notice. (pjg, ) |
| Filing 114 RESPONSE by RAVAS USA, LLC to MOTION by Defendant Transcell Technology, Inc.For Leave to Take Discovery and to Address Spoliation Issues in Advance of Discovery on Other Issues #109 (Peters, Tyler) |
| Filing 113 RESPONSE by STREATOR INDUSTRIAL HANDLING, INC. to MOTION by Defendant Transcell Technology, Inc.For Leave to Take Discovery and to Address Spoliation Issues in Advance of Discovery on Other Issues #109 (Sullivan, Sean) |
| Filing 112 CERTIFICATE of Service by Third Party Defendants STREATOR INDUSTRIAL HANDLING, INC., STREATOR INDUSTRIAL HANDLING, INC., Cross Defendant STREATOR INDUSTRIAL HANDLING, INC. (Mohan, Kerry) |
| Filing 111 CERTIFICATE of Service of Defendant, Crossclaim and Third-Party Plaintiff's Initial Rule 26(a)(1) Disclosures by Tyler Peters on behalf of RAVAS USA, LLC (Peters, Tyler) |
| Filing 110 NOTICE of Motion by Jeffrey Brian Greenspan for presentment of motion for miscellaneous relief, #109 before Honorable Matthew F. Kennelly on 9/24/2019 at 08:45 AM. (Greenspan, Jeffrey) |
| Filing 109 MOTION by Defendant Transcell Technology, Inc.For Leave to Take Discovery and to Address Spoliation Issues in Advance of Discovery on Other Issues (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Greenspan, Jeffrey) |
| Filing 108 NOTICE of Motion by Jeffrey Brian Greenspan for presentment of motion to seal document #107 before Honorable Matthew F. Kennelly on 9/24/2019 at 08:45 AM. (Greenspan, Jeffrey) |
| Filing 107 MOTION by Defendant Transcell Technology, Inc. to seal document Exhibits (Greenspan, Jeffrey) |
| Filing 106 ANSWER to Crossclaim Affirmative Defenses, CROSSCLAIM by Transcell Technology, Inc. against STREATOR INDUSTRIAL HANDLING, INC. . by Transcell Technology, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Greenspan, Jeffrey) |
| Filing 105 NOTICE of Motion by Jeffrey Brian Greenspan for presentment of Motion to Dismiss for Failure to State a Claim #103 before Honorable Matthew F. Kennelly on 9/24/2019 at 08:45 AM. (Greenspan, Jeffrey) |
| Filing 104 MEMORANDUM by Transcell Technology, Inc. in support of Motion to Dismiss for Failure to State a Claim #103 (Attachments: #1 Exhibit A, #2 Exhibit B)(Greenspan, Jeffrey) |
| Filing 103 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Transcell Technology, Inc. Motion to Dismiss Counts I Through VI of Ravas USA, LLC's Crossclaim (Greenspan, Jeffrey) |
| Filing 102 NOTICE of Motion by Jeffrey Brian Greenspan for presentment of Motion to Dismiss for Failure to State a Claim #100 before Honorable Matthew F. Kennelly on 9/24/2019 at 08:45 AM. (Greenspan, Jeffrey) |
| Filing 101 MEMORANDUM by Transcell Technology, Inc. in support of Motion to Dismiss for Failure to State a Claim #100 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Greenspan, Jeffrey) |
| Filing 100 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Transcell Technology, Inc. (Greenspan, Jeffrey) |
| Filing 99 ANSWER to Third Party Complaint by STREATOR INDUSTRIAL HANDLING, INC.(Mohan, Kerry) |
| Filing 98 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 8/20/2019 with attorneys for all parties. Rule 26(a)(1) disclosures are to be made by 9/17/2019. Telephone status hearing, to be initiated by the parties, is set for 9/24/2019 at 8:45 a.m. for the purpose of setting a discovery and pretrial schedule. Outstanding responses to complaints, third party complaints, and crossclaims are to be filed by 9/10/2019. Mailed notice. (pjg, ) |
| Filing 97 CROSSCLAIM by RAVAS USA, LLC against TRANSCELL TECHNOLOGY, INC. . (Attachments: #1 Exhibit A - Settlement and Mutual Release Agreement, #2 Exhibit B - Third Amended Complaint for Damages)(Peters, Tyler) |
| Filing 96 THIRD party complaint by RAVAS USA, LLC against STREATOR INDUSTRIAL HANDLING, INC. (Amended). (Attachments: #1 Exhibit A - Third Amended Complaint for Damages)(Peters, Tyler) |
| Filing 95 ANSWER to amended complaint by RAVAS USA, LLC(Peters, Tyler) |
| Filing 94 MINUTE entry before the Honorable Matthew F. Kennelly: Motions to withdraw appearance of attorneys James F. Olds, John C. Duffey, and Anthony R. Jost are granted. (mk) |
| Filing 93 ATTORNEY Appearance for Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC. by Kerry Mohan (Mohan, Kerry) |
| Filing 92 Notice of Motion of Unopposed Motion to Withdraw Appearance of Anthony R. Jost before the Honorable Matthew F. Kennelly on 7/30/19 at 9:30 a.m. in courtroom 2103. (Hayes, Michael) Modified on 7/26/2019 (smm, ). |
| Filing 91 MOTION by Attorney Anthony R. Jost to withdraw as attorney for RAVAS USA, LLC. No party information provided (Hayes, Michael) |
| Filing 90 NOTICE of Motion by Sean M. Sullivan for presentment of motion to withdraw as attorney #89 before Honorable Matthew F. Kennelly on 7/30/2019 at 09:30 AM. (Sullivan, Sean) |
| Filing 89 MOTION by Attorney James F. Olds to withdraw as attorney for STREATOR INDUSTRIAL HANDLING, INC.. No party information provided (Sullivan, Sean) |
| Filing 88 NOTICE of Motion by Sean M. Sullivan for presentment of motion to withdraw as attorney #87 before Honorable Matthew F. Kennelly on 7/30/2019 at 09:30 AM. (Sullivan, Sean) |
| Filing 87 MOTION by Attorney John C. Duffey to withdraw as attorney for STREATOR INDUSTRIAL HANDLING, INC.. No party information provided (Sullivan, Sean) |
| Filing 86 ATTORNEY Appearance for Defendant RAVAS USA, LLC by Christopher J. Sherman (Sherman, Christopher) |
| Filing 85 ATTORNEY Appearance for Defendant RAVAS USA, LLC by Tyler Peters (Peters, Tyler) |
| Filing 84 Third AMENDED complaint by Toyota Material Handling U.S.A., Inc. against Toyota Material Handling U.S.A., Inc. (Attachments: #1 Exhibit A - RAVAS quote)(Albright, Andrew) |
| Filing 83 ATTORNEY Appearance for Defendant RAVAS USA, LLC by Michael D Hayes (Hayes, Michael) |
| Filing 82 MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 7/17/2019. Motion for leave to file third amended complaint #78 is granted; defendant Ravas to respond to third amended complaint by 8/7/2019. Initial status hearing is set to 9:00 a.m. on 8/20/2019 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_JUDGES/KENNELLY/INIT-ORD.htm. Mailed notice. (pjg, ) |
| Filing 81 MINUTE entry before the Honorable Matthew F. Kennelly: Motions of Tyler Peters and Christopher Sherman to appear pro hac vice #73 #76 are granted. Motion for leave to file amended complaint remains on the call for 7/17/2019. (mk) |
| Filing 80 ATTORNEY Appearance for Plaintiff Toyota Material Handling U.S.A., Inc. by Michael Alexander McCaskey (McCaskey, Michael) |
| Filing 79 NOTICE of Motion by Andrew John Albright for presentment of motion for leave to file #78 before Honorable Matthew F. Kennelly on 7/17/2019 at 09:30 AM. (Albright, Andrew) |
| Filing 78 MOTION by Plaintiff Toyota Material Handling U.S.A., Inc. for leave to file Third Amended Complaint (Attachments: #1 Exhibit Proposed Third Amended Complaint)(Albright, Andrew) |
| Filing 77 NOTICE of Motion by Christopher J. Sherman for presentment of motion to appear pro hac vice #76 before Honorable Matthew F. Kennelly on 7/17/2019 at 09:30 AM. (Sherman, Christopher) |
| Filing 76 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16023292. (Sherman, Christopher) |
| Filing 75 NOTICE of Motion by Tyler Peters for presentment of motion to appear pro hac vice #73 before Honorable Matthew F. Kennelly on 7/17/2019 at 09:30 AM. (Peters, Tyler) |
| Filing 74 ATTORNEY Appearance for Plaintiff Toyota Material Handling U.S.A., Inc. by Andrew John Albright (Albright, Andrew) |
| Filing 73 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16022899. (Peters, Tyler) |
| Filing 72 ATTORNEY Appearance for Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC. by Sean M. Sullivan (Sullivan, Sean) |
| Filing 71 ATTORNEY Appearance for Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC. by Daniel J. Mohan (Mohan, Daniel) |
| Filing 70 ATTORNEY Appearance for Third Party Defendant TRANSCELL TECHNOLOGY, INC. by James Gregory Argionis (Argionis, James) |
| Filing 69 ATTORNEY Appearance for Third Party Defendant TRANSCELL TECHNOLOGY, INC. by Jeffrey Brian Greenspan (Greenspan, Jeffrey) |
| Filing 68 MAILED Rule 83.15 Letter to all counsel of record. (ek, ) |
| Filing 67 RECEIVED from Indiana Southern; Case Number 1:19-cv-01088 (ek) |
| Filing 66 Transfer Letter to Clerk of the Northen District of Illinois. Case transferred electronically to Northen District of Illinois, on 7/10/2019. (JDC) [Transferred from Indiana Southern on 7/10/2019.] |
|
Filing 65
CLOSED TRANSFER to the United States District Court for the NorthernDistrict of Illinois - Eastern Division for all further proceedings. This cause coming to be heard on the motion of the plaintiff #56 , Toyota Material Handling, U.S.A., Inc. ("TMHU") to Transfer Venue for this cause from the United States District Court for the Southern District of Indiana to the United States District Court for the Northern District of Illinois, and due notice having been given, it is hereby ordered: 1. TMHU's Motion is Granted. Signed by Judge James R. Sweeney II on 7/9/2019.(JDC) [Transferred from Indiana Southern on 7/10/2019.]
|
|
Filing 64
ORDER granting #58 Motion to Appear pro hac vice. Attorney Kerry Mohan for STREATOR INDUSTRIAL HANDLING, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 7/9/2019 (dist made) (CBU) [Transferred from Indiana Southern on 7/10/2019.]
|
|
Filing 63
ORDER granting #57 Motion to Appear pro hac vice. Attorney Daniel J. Mohan for STREATOR INDUSTRIAL HANDLING, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 7/9/2019 (dist made) (CBU) [Transferred from Indiana Southern on 7/10/2019.]
|
| Filing 62 Exhibit List (Preliminary), filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 61 Witness List (Preliminary), filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 60 MOTION for Leave to File Third Amended Complaint, filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Attachments: #1 Exhibit A - Proposed Third Amended Complaint, #2 Text of Proposed Order)(Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 59 Unopposed MOTION for Extension of Time to Answer or Otherwise Plead to Third-Party Complaint, filed by Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Attachments: #1 Text of Proposed Order)(Greenspan, Jeffrey) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 58 MOTION for Attorney(s) Kerry Mohan to Appear pro hac vice (Filing fee $100, receipt number 0756-5509540), filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order Proposed Order)(Olds, James) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 57 MOTION for Attorney(s) Daniel J. Mohan to Appear pro hac vice (Filing fee $100, receipt number 0756-5509513), filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order Proposed Order)(Olds, James) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 56 Unopposed MOTION to Transfer Case , filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Attachments: #1 Text of Proposed Order Proposed Order Transferring Venue)(Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 55 NOTICE of Service of Initial Disclosures , filed by Third Party Plaintiff RAVAS USA, LLC, Defendant RAVAS USA, LLC. (Peters, Tyler) [Transferred from Indiana Southern on 7/10/2019.] |
|
Filing 54
ORDER: This matter comes before the Court on Third-Party Defendants' motions to extend their deadlines for serving Rule 26(a)(1) initial disclosures, filing preliminary witness and exhibit lists, and serving responses to Third Party Plaintiff's settlement demand. [Dkts. #49 & #52 .] Those motions are hereby GRANTED IN PART and DENIED IN PART the motion. The Court hereby DENIES Third Party Defendants' requests to extend its deadline to file their file preliminary witness and exhibit lists or to serve their responses to Third Party Plaintiff's settlement demand pending ruling on Third Party Defendants' filed, or to be filed, motions. Third Party Defendants' delayed entry into the case was considered and already factored into the deadlines established by the Court in the Case Management Plan. However, Third Party Defendants' requests to extend their deadline to serve Rule 26(a)(1) initial disclosures are hereby GRANTED IN PART. Accordingly, paragraph III(A) of the approved Case Management Plan [Dkt. 29 at 3] is hereby amended as follows (see Order for established deadlines). Signed by Magistrate Judge Mark J. Dinsmore on 6/28/2019. (SWM) [Transferred from Indiana Southern on 7/10/2019.]
|
|
Filing 53
ORDER granting Defendant/Third-Party #50 Motion for Extension of Time to File Response re #50 Unopposed MOTION for Extension of Time to File Response to July 15, 2019 re #41 MOTION to Dismiss . Signed by Judge James R. Sweeney II on 6/27/2019. (JDC) [Transferred from Indiana Southern on 7/10/2019.]
|
| Filing 52 Unopposed MOTION for Extension of Time For Rule 26(a)(1) Initial Disclosures, Preliminary Witness and Exhibit Lists and Settlement Proposal, filed by Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Attachments: #1 Text of Proposed Order)(Greenspan, Jeffrey) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 51 Submission of Proposed Order , re #49 MOTION for Extension of Time to Serve Rule 26 Disclosures, Witness and Exhibit Lists and Settlement Response, filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Sullivan, Sean) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 50 Unopposed MOTION for Extension of Time to File Response to July 15, 2019 re #41 MOTION to Dismiss , filed by Third Party Plaintiff RAVAS USA, LLC, Defendant RAVAS USA, LLC. (Attachments: #1 Text of Proposed Order)(Peters, Tyler) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 49 MOTION for Extension of Time to Serve Rule 26 Disclosures, Witness and Exhibit Lists and Settlement Response, filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Sullivan, Sean) [Transferred from Indiana Southern on 7/10/2019.] |
|
Filing 48
ORDER granting #44 Motion to Appear pro hac vice. Attorney Sean M. Sullivan for STREATOR INDUSTRIAL HANDLING, INC. added. If not already registered with the Court's Electronic Filing System, Sean M. Sullivan is ordered to register within ten (10) days of the entry of this order. Copy to Sean M. Sullivan via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/12/2019. (SWM) [Transferred from Indiana Southern on 7/10/2019.]
|
| Filing 47 NOTICE of Appearance by James G. Argionis on behalf of Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Argionis, James) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 46 Corporate Disclosure Statement by TRANSCELL TECHNOLOGY, INC.. (Greenspan, Jeffrey) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 45 NOTICE of Appearance by Jeffrey B. Greenspan on behalf of Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Greenspan, Jeffrey) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 44 MOTION for Attorney(s) Sean M. Sullivan to Appear pro hac vice (Filing fee $100, receipt number 0756-5472716), filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order Proposed Order)(Olds, James) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 43 NOTICE of Appearance by John C. Duffey on behalf of Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Duffey, John) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 42 BRIEF/MEMORANDUM in Support re #41 MOTION to Dismiss , filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Olds, James) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 41 MOTION to Dismiss , filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Attachments: #1 Affidavit Paul Walker, #2 Exhibit A - Ravas POs, #3 Exhibit B - Ravas B - Order Acknowledgment, #4 Exhibit C - Shipping Pack List)(Olds, James) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 40 Corporate Disclosure Statement by STREATOR INDUSTRIAL HANDLING, INC.. (Olds, James) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 39 NOTICE of Appearance by James F. Olds on behalf of Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Olds, James) [Transferred from Indiana Southern on 7/10/2019.] |
|
Filing 38
ORDER granting #35 Motion to Appear pro hac vice. Attorney James G. Argionis for TRANSCELL TECHNOLOGY, INC. added. If not already registered with the Court's Electronic Filing System, James G. Argionis is ordered to register within ten (10) days of the entry of this order. Copy to James G. Argionis via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/7/2019. (SWM) [Transferred from Indiana Southern on 7/10/2019.]
|
|
Filing 37
ORDER granting #34 Motion to Appear pro hac vice. Attorney Jeffrey B. Greenspan for TRANSCELL TECHNOLOGY, INC. added. If not already registered with the Court's Electronic Filing System, Jeffrey B. Greenspan is ordered to register within ten (10) days of the entry of this order. Copy Jeffrey B. Greenspan via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/7/2019. (SWM) [Transferred from Indiana Southern on 7/10/2019.]
|
|
Filing 36
ORDER granting Third-Party Defendant's #33 Motion for Extension of Time to File response to Ravas USA's Third-Party Complaint to 7/8/2019. No further enlargement of this deadline is anticipated. Signed by Magistrate Judge Mark J. Dinsmore on 6/6/2019. (SWM) [Transferred from Indiana Southern on 7/10/2019.]
|
| Filing 35 MOTION for Attorney(s) James G. Argionis to Appear pro hac vice (Filing fee $100, receipt number 0756-5466665), filed by Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Attachments: #1 Exhibit A - Certification of J Argionis, #2 Text of Proposed Order)(O'Malley, Katherine) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 34 MOTION for Attorney(s) Jeffrey B. Greenspan to Appear pro hac vice (Filing fee $100, receipt number 0756-5466569), filed by Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Attachments: #1 Exhibit A - Certification of J Greenspan, #2 Text of Proposed Order)(O'Malley, Katherine) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 33 MOTION for Extension of Time to 7/8/2019 to Answer or Otherwise Plead to Third-Party Complaint, filed by Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Attachments: #1 Text of Proposed Order)(O'Malley, Katherine) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 32 NOTICE of Appearance by Katherine Werner O'Malley on behalf of Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (O'Malley, Katherine) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 31 NOTICE of Appearance by Michael A. McCaskey on behalf of Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (McCaskey, Michael) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 30 AFFIDAVIT of Service for Summons, Third-Party Complaint and Plaintiff's Complaint served on Transcell Technology, Inc. and Streator Industrial Handling, Inc. on May 20, 2019, filed by RAVAS USA, LLC. (Attachments: #1 Exhibit A - Proof of Service)(Jost, Anthony) [Transferred from Indiana Southern on 7/10/2019.] |
|
Filing 29
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 5/1/2020. Discovery due by 4/3/2020. Signed by Magistrate Judge Mark J. Dinsmore on 5/15/2019.(SWM) (Main Document 29 replaced on 5/30/2019) (GD). [Transferred from Indiana Southern on 7/10/2019.]
|
|
Filing 28
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 5/15/2019. Approved Case Management Plan, as amended, to be entered by separate order. Telephonic Status Conference set for 7/17/2019 at 11:00 AM (Eastern Time). Settlement Conference set for 11/22/2019 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) [Transferred from Indiana Southern on 7/10/2019.]
|
| Filing 27 Summons Issued as to STREATOR INDUSTRIAL HANDLING, INC. (LAB) (JDC) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 26 Summons Issued as to TRANSCELL TECHNOLOGY, INC.(LAB) (JDC) [Transferred from Indiana Southern on 7/10/2019.] |
|
Filing 25
ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 5/15/2019.(SWM) [Transferred from Indiana Southern on 7/10/2019.]
|
|
Filing 24
ORDER granting #19 Motion to Appear pro hac vice. Attorney Christopher J. Sherman for RAVAS USA, LLC added. If not already registered with the Court's Electronic Filing System, Christopher J. Sherman is ordered to register within ten (10) days of the entry of this order. Copy to Christopher J. Sherman via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 5/14/2019. (SWM) (Main Document 24 replaced on 5/15/2019) (SWM). [Transferred from Indiana Southern on 7/10/2019.]
|
|
Filing 23
ORDER granting #18 Motion to Appear pro hac vice. Attorney Tyler Peters for RAVAS USA, LLC added. If not already registered with the Court's Electronic Filing System, Tyler Peters is ordered to register within ten (10) days of the entry of this order. Copy to Tyler Peters via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 5/14/2019. (SWM) [Transferred from Indiana Southern on 7/10/2019.]
|
| Filing 22 THIRD PARTY COMPLAINT against TRANSCELL TECHNOLOGY, INC., STREATOR INDUSTRIAL HANDLING, INC., filed by RAVAS USA, LLC. (Attachments: #1 Exhibit A - Settlement and Mutual Release Agreement, #2 Exhibit B - Second Amended Complaint, #3 Proposed Summons Transcell Summons, #4 Proposed Summons Streator Summons)(Jost, Anthony) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 21 Defendant's ANSWER to #15 Amended Complaint and Jury Demand, filed by RAVAS USA, LLC.(Jost, Anthony) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 20 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC. . (Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 19 MOTION for Attorney(s) Christopher J. Sherman to Appear pro hac vice (Filing fee $100, receipt number 0756-5424608), filed by Defendant RAVAS USA, LLC. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Jost, Anthony) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 18 MOTION for Attorney(s) Tyler Peters to Appear pro hac vice (Filing fee $100, receipt number 0756-5424597), filed by Defendant RAVAS USA, LLC. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Jost, Anthony) [Transferred from Indiana Southern on 7/10/2019.] |
|
Filing 16
ORDER denying Parties' #14 Agreed Motion for Extension of Time to Comply with Scheduling Order. The parties shall file a proposed Case Management Plan on or before May 13, 2019. Signed by Magistrate Judge Mark J. Dinsmore on 5/9/2019. (SWM) [Transferred from Indiana Southern on 7/10/2019.]
|
| Filing 15 AMENDED COMPLAINT (Second) against RAVAS USA, LLC, filed by TOYOTA MATERIAL HANDLING, U.S.A., INC..(Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 14 Unopposed MOTION for Extension of Time to to Comply With Scheduling Order , filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion)(Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
|
Filing 13
Second Order Regarding Jurisdiction - Plaintiff Toyota Material Handling, USA, Inc. filed its Complaint alleging breach of contract against Defendant RAVAS USA, LLC, asserting the court's diversity jurisdiction under 28 U.S.C. 1332. Review of the jurisdictional allegations revealed that they were insufficient because it pleaded RAVAS USA, LLC's jurisdiction as if it were a corporation when its name identifies it as a limited liability company. ECF No. #11 2.) Plaintiff since filed an Amended Complaint, but this, too, insufficiently pleads jurisdiction. As noted in the prior order, the citizenship of a limited partnership, limited liability company, or other unincorporated association is the citizenship of each of its partners or members. See White Pearl Inversiones S.A. (Uruguay) v. Cemusa, Inc., 647 F.3d 684, 686 (7th Cir. 2011). In correcting the insufficiency in pleading a limited liability company's citizenship, the Amended Complaint alleges that Defendant RAVAS USA, LLC has as its sole member RAVAS Europe B.V., a company incorporated under the laws of The Netherlands. ECF No. #12 2. Thus, the Amended Complaint reveals that Plaintiff's citizenship depends on the citizenship of its member--a foreign company. For purposes of diversity jurisdiction, the citizenship of a foreign company is determined based on the American business form that the foreign company most closely resembles. See White Pearl Invesiones S.A. (Uruguay) v. Cemusa, Inc., 647 F.3d 684 (7th Cir. 2011). The Amended Complaint does not contain any allegations about what American business form RAVAS Europe B.V. most closely resembles. Thus, Plaintiff must amend its complaint again to sufficiently plead jurisdiction. An example of an amended complaint that properly addressed a foreign entity issue can be found in McGuire v. Organon USA, Inc., No. 1:13-cv-1596-JMS-MJD ECF No. #11 at 2 3. The Court finds that, in order to avoid a needless expenditure of resources, Plaintiff should sufficiently plead jurisdiction prior to the initial pretrial conference set for May 15, 2019. Therefore, Plaintiff is ALLOWED until May 13, 2019 within which to file an amended complaint to properly plead the court's subject-matter jurisdiction. Signed by Judge James R. Sweeney II on 5/6/2019.(JDC) [Transferred from Indiana Southern on 7/10/2019.]
|
| Filing 12 AMENDED COMPLAINT against RAVAS USA, LLC, filed by TOYOTA MATERIAL HANDLING, U.S.A., INC..(Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
|
Filing 11
Order Directing Plaintiff to Properly Plead Jurisdiction - Plaintiff Toyota material Handling, USA, Inc. filed its Complaint alleging breach of contract against Defendant RAVAS USA, LLC on March 18, 2019, asserting the court's diversity jurisdiction under 28 U.S.C. 1332. Review of the jurisdictional allegations reveals that they are insufficient. A federal court has an "independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). A party cannot confer subject-matter jurisdiction on a federal court where it does not otherwise exist. See Evergreen Square of Cudahy v. Wis. Hous. & Econ. Dev. Auth., 776 F.3d 463, 465 (7th Cir. 2015). Similarly, counsel has a professional obligation to analyze subject-matter jurisdiction. Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). The citizenship of a limited partnership, limited liability company, or other unincorporated association is the citizenship of each of its partners or members. See White Pearl Inversiones S.A. (Uruguay) v. Cemusa, Inc., 647 F.3d 684, 686 (7th Cir. 2011). To allege diversity jurisdiction, "the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be." Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002). "Failure to go through all the layers can result in dismissal for want of jurisdiction." Id. Asserting that all partners are citizens of "X" or that no partners are citizens of "X" is insufficient. See Peters v. Astrazeneca LP, 224 F. App'x. 503, 505 (7th Cir. 2007) (noting the insufficiency of a limited partnership asserting that none of its partners were citizens destroying diversity "rather than furnishing the citizenship of all of its partners so that [the court] could determine its citizenship"). Jurisdictional allegations must be made on personal knowledge, not on information and belief, to invoke the court's jurisdiction. See America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (only a statement about jurisdiction "made on personal knowledge has any value" and a statement made "'to the best of my knowledge and belief' is insufficient" to engage diversity jurisdiction). Plaintiff is ALLOWED through May 10, 2019, within which to file an amended complaint to properly plead the court's subject-matter jurisdiction. Signed by Judge James R. Sweeney II on 4/30/2019. (JDC) [Transferred from Indiana Southern on 7/10/2019.]
|
|
Filing 10
SCHEDULING ORDER: Initial Pretrial Conference set for 5/15/2019 11:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 4/11/2019.(SWM) [Transferred from Indiana Southern on 7/10/2019.]
|
| Filing 9 Corporate Disclosure Statement by RAVAS USA, LLC identifying Corporate Parent RAVAS Europe B.V. for RAVAS USA, LLC.. (Jost, Anthony) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 8 NOTICE of Parties' First Extension of Time, filed by Defendant RAVAS USA, LLC. (Jost, Anthony) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 7 NOTICE of Appearance by Anthony R. Jost on behalf of Defendant RAVAS USA, LLC. (Jost, Anthony) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 6 Corporate Disclosure Statement by TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 5 NOTICE of Appearance by Andrew J. Albright on behalf of Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 4 PROCEDURES AND PRACTICES before Judge James R. Sweeney II. (JDC) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 2 Summons Issued as to RAVAS USA, LLC. (HET) [Transferred from Indiana Southern on 7/10/2019.] |
| Filing 1 COMPLAINT against RAVAS USA, LLC, filed by Toyota Material Handling, U.S.A., Inc.. (Filing fee $400, receipt number 0756-5339890) (Attachments: #1 Exhibit A - Quote from RAVAS USA LLC, #2 Civil Cover Sheet, #3 Proposed Summons)(Albright, Andrew) [Transferred from Indiana Southern on 7/10/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
