Apex Colors Inc v. Chemworld International Limited, Inc. et al
| Apex Colors Inc |
| Chemworld International Limited, Inc., Chemworld International Limited, LLC, Atul Modi and Manoj Modi |
| 2:2014cv00273 |
| August 4, 2014 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| Porter |
| Paul R Cherry |
| Jon E DeGuilio |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
721
OPINION AND ORDER: The Court hereby DENIES "Defendants Motion to Strike the Verification of Will Koenig DE [632-1] and Bar Koenig From Offering Expert Testimony Due to Apex's Failure to Make Disclosures" DE 708 , "Defendants ' Rule 59(e) Motion to Alter or Amend the Default Judgment DE 707 Due to Manifest Error of Fact and Law and to Prevent Manifest Injustice DE 711 and "Defendants' FRCP 55(c), or Alternatively, FRCP 60(b) Motion to Vacate Default" DE 713 . Signed by Magistrate Judge Paul R Cherry on 10/31/18. (nal)
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Filing
707
OPINION AND ORDER: The Court DENIES the Motion to Strike Portions of Apex Colors, Inc.'s Reply in Support of Motion for Sanctions DE 672 and GRANTS in part and DENIES in part Plaintiff's Motion for Sanctions up to and Including a Default Judgment and for Related Evidentiary Hearing DE 631 , granting the sanction of default judgment but denying the request for an evidentiary hearing. All of the Defendants are hereby DEFAULTED on each of the eleven claims asserted against them in the Second Amended Consolidated Complaint.The Court DENIES as moot All Defendants Motion for Summary Judgment DE 655 , Plaintiff's Motion for Partial Summary Judgment DE 657 , the Motion to Strike Factual Assertions in Defendants' Summary Jud gment Brief for Failure to Cite to Evidence in Violation of Rule 56(c) DE 678 and Defendants' Motion to Bifurcate Trial on Liability and Damages DE 698 . The Court CONVERTS the 12/3/18 jury trial setting to a trial or hearing on damages only, to be clarified in a subsequent ruling. The Court REAFFIRMS the 11/1/18 final pretrial conference. Signed by Magistrate Judge Paul R Cherry on 10/5/18. (nal)
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Filing
661
OPINION AND ORDER DENYING 623 Third MOTION BAR LADSON OPINIONS ON SOPHISTICATION OF CHEMWORLD AND CHEMWORLD'S CERTIFICATES OF ANALYSIS filed by Manoj Modi, Paul Bykowski, Chemworld International Limited, Inc., Atul Modi, Chemworld International Limited, LLC; DENYING 621 Second MOTION TO BAR JACK LADSON FROM OFFERING OPINIONS ON PLAUSIBILITY OF MAINTAINING STANDARDS filed by Manoj Modi, Paul Bykowski, Chemworld International Limited, Inc., Atul Mod i, Chemworld International Limited, LLC; and DENYING 619 First MOTION BAR JACK LADSON FROM OFFERING OPINIONS ON PROBABILITY filed by Manoj Modi, Paul Bykowski, Chemworld International Limited, Inc., Atul Modi, Chemworld International Limited, LLC. Signed by Magistrate Judge Paul R Cherry on 7/9/18. (ksp)
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Filing
582
OPINION AND ORDER: The Court hereby DENIES the Motion for Order to Compel Supplemental Production of Finos Documents and Forensically-Imaged Hard Drive of Molnar Computer 562 . The Court ORDERS that Defendants PAY Plaintiff its reasonable expenses incurred in opposing this motion and ORDERS Plaintiff to FILE, on or before 3/22/2018, a verified itemized statement of reasonable expenses incurred in opposing this motion. Signed by Magistrate Judge Paul R Cherry on 3/8/2018. (jss)
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Filing
557
OPINION AND ORDER: The Court hereby DENIES Chemworld's 527 Motion to Reconsider Opinion and Order Regarding Sanctions for Failing to Produce Cost and Profit Information. The Court denies Apex's request in its response brief for sanctions under 28 USC § 1927. Signed by Magistrate Judge Paul R Cherry on 10/23/2017. (jss)
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Filing
554
OPINION AND ORDER: The Court GRANTS the 536 Non-Parties Eric and James Boggess and Wm. B. Tabler Co., Inc's Motion for Clarification of the Court's May 25, 2017 Order as set forth in the Opinion and Order. Signed by Magistrate Judge Paul R Cherry on 10/19/2017. (jss)
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Filing
512
OPINION AND ORDER: Court GRANTS IN PART AND DENIES IN PART 486 Plaintiff's Motion to Enforce Third Party Subpoenas and GRANTS IN PART AND DENIES IN PART 492 Non-Parties Eric and James Boggess and Wm.B. Tabler Co., Inc.'s Motion for a Protective Order. Apex and Deponents to comply with the terms of this Opinion and Order to execute Deponents' response to the subpoenas. The Court does not award reasonable costs incurred in bringing these motions to any of the parties to the motions. Signed by Magistrate Judge Paul R Cherry on 5/25/2017. (tc)
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Filing
505
OPINION AND ORDER denying 471 Motion for Sanctions and denying as moot 483 Motion. Signed by Magistrate Judge Paul R Cherry on 4/13/17. (nal)
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Filing
459
OPINION AND ORDER: The Court hereby GRANTS Plaintiff's 447 Motion for Sanctions for Failing to Comply with This Court's Order to Produce Cost and Profit Information and FINDS and ORDERS that the measure of Apex's lost profits as to Atul Modi, Manoj Modi, Chemworld International Limited, Inc., and Chemworld International, LLC be Chemworld's revenue. The Court further AWARDS Apex its reasonable expenses, including attorney fees, caused by Chemworld's failure to respond to Interrogatories Nos. 3 and 4. The Court ORDERS Apex to FILE, on or before 1/31/2017, a verified statement of these reasonable expenses. Signed by Magistrate Judge Paul R Cherry on 1/17/17. (jss)
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Filing
452
OPINION AND ORDER denying 434 Motion to Dismiss for Failure to State a Claim. The Court declines to award sanctions as requested by Plaintiff in its response brief. Signed by Magistrate Judge Paul R Cherry on 1/6/17. (nal)
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Filing
408
OPINION AND ORDER GRANTING 400 MOTION for Leave to File Third Party Complaint against Jim Boggess and Eric Boggess filed by Paul Bykowski. Bykowski to file the Third-Party Complaint on or before 9/29/16. Signed by Magistrate Judge Paul R Cherry on 9/26/16. (mlc)
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Filing
383
OPINION AND ORDER: GRANTS 377 Second MOTION to Compel Responses to Discovery Dated January 5, 2016 by Pla Apex Colors Inc and ORDERS Dfts to provide supplemental discovery responses as set forth in this Opinion and Order. The Court AWARDS Pla its reasonable costs, including attorney fees, incurred in bringing that portion of the motion to compel the production of spreadsheets in native format only. The Court ORDERS Pla to FILE with the Court, on or before 6/29/2016, a verified statement of reasonable costs incurred in bringing that portion of the motion. Signed by Magistrate Judge Paul R Cherry on 6/16/2016. (lhc)
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Filing
369
OPINION AND ORDER: Court GRANTS the Agreed Motion to Consolidate filed in Case No. 2:13-CV-247 and ORDERS consolidation of Case No. 2:14-CV-273-PRC and Case No. 2:13-CV-247-JEM. ALL FUTURE FILINGS TO BE MADE IN CASE NO. 2:14-CV-273-PRC ONLY. Signed by Magistrate Judge John E Martin on 3/17/2016. (tc)
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Filing
346
OPINION AND ORDER denying as moot 343 Motion to Stay; striking 292 Motion for Summary Judgment; granting 336 Rule 56 Motion to Strike, and striking 293 Brief in Support of 292 motion. The Court ORDERS that no dispositive motions may be filed until after the discovery deadline, which will be set at the Rule 16(b) conference. The date and time of the Rule 16(b)conference will be set by separate notice. Signed by Magistrate Judge Paul R Cherry on 12/3/2015. (kds)
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Filing
345
OPINION AND ORDER denying 289 Defendants Third Motion for Rule 11Sanctions. Signed by Magistrate Judge Paul R Cherry on 11/30/2015. (rmn)
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Filing
321
OPINION AND ORDER GRANTING in part and DENYING in part 267 MOTION to Dismiss Defendants' Counterclaim Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Apex Colors Inc. The claim for abuse of process in Count 1 is DISMISSED without prejudice. The claim for malicious prosecution in Count 1 is DISMISSED without prejudice. The claim for cancellation of Apex's MegaSpecks trademark in Count II remains pending pursuant to 15 U.S.C. § 1119. Signed by Magistrate Judge Paul R Cherry on 9/10/2015. (lns)
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Filing
320
OPINION AND ORDER: DENYING 165 First MOTION for Sanctions pursuant to FRCP 11 by Defendants Paul Bykowski, Chemworld International Limited, Inc., Chemworld International Limited, LLC, Atul Modi, Manoj Modi, Counter Claimants Chemworld Internationa l Limited, Inc., Chemworld International Limited, LLC, Atul Modi, Manoj Modi. Associated Cases: 2:14-cv-00273-PRC, 2:14-cv-00456-PRC and DENYING 176 Supplemental MOTION for Sanctions pursuant to FRCP 11 by Defendants Paul Bykowski, Chemworld Intern ational Limited, Inc., Chemworld International Limited, LLC, Atul Modi, Manoj Modi, Counter Claimants Chemworld International Limited, Inc., Chemworld International Limited, LLC, Atul Modi, Manoj Modi. Signed by Magistrate Judge Paul R Cherry on 9/9/2015. (lhc)
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Filing
82
OPINION AND ORDER: Court GRANTS 81 Joint Motion to Consolidate Cases. Cause numbers 2:14CV273 and 2:14CV456 are CONSOLIDATED. All future filings to be made in 2:14CV273 ONLY. Signed by Magistrate Judge Paul R Cherry on 12/18/2014. (tc)
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Filing
77
OPINION AND ORDER: The Court hereby DENIES the Motion to Quash or Modify Nine (9) Subpoenas or for Protective Order 44 , DENIES the Motion to Quash or Modify Subpoena to Polymer Concentrates or for Protective Order 71 , and ORDERS counsel for Pl aintiff to comply with this Order regarding the disclosure of information produced as a result of these subpoenas to anyone, notwithstanding the provisions of the November 18, 2014 Protective Order. Signed by Magistrate Judge Paul R Cherry on 12/16/2014. (rmn)
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