YES LIGHTING LLC v. PSG ENERGY GROUP, LLC et al
| YES LIGHTING LLC |
| PSG ENERGY GROUP, LLC, CITY OF CONNERSVILLE, TRM LIGHTING, LLC, LIGHT SOURCE OF INDIANA and TRM LIGHTING, LLC an Indiana Limited Liability Company doing business as FLEX GREEN LIGHTING |
| 1:2019cv03982 |
| September 20, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James Patrick Hanlon |
| Robert L Miller |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 18, 2020. A more recent docket listing may be available from PACER.
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Filing 131
MANDATE of USCA as to #127 Notice of Appeal filed by YES LIGHTING LLC (USCA #20-2858) - Upon consideration of the AGREED MOTION FOR VOLUNTARY DISMISSAL, filed on November 17, 2020, by counsel for the appellant, IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (LBT)
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Filing 130
USCA Case Number 20-2858 for #127 Notice of Appeal filed by YES LIGHTING LLC. (LBT)
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Filing 129
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #127 Notice of Appeal. - for Court of Appeals Use Only. (LBT)
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Filing 128
PARTIES' SHORT RECORD re #127 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT)
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Filing 127
NOTICE OF APPEAL as to #125 Closed Judgment, #124 Order on Motion to Dismiss for Failure to State a ClaimOrder on Motion for Partial Summary JudgmentOrder on Motion for Summary Judgment, filed by Plaintiff YES LIGHTING LLC. (Filing fee $505, receipt number 0756-6198726) (McCarthy, Martin)
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Filing 126
Mail Returned as undeliverable. #125 Closed Judgment and #124 Order on Motion to Dismiss sent to PSG ENERGY GROUP, LLC, Attorney Kir-Sheng of Ice Legal (CBU)
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Filing 125
CLOSED JUDGMENT in favor of the Defendant and against the Plaintiff. Signed by Judge Robert L. Miller, Jr on 8/28/2020.(CBU) Modified on 8/28/2020 (CBU) Distribution made via US Mail
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Filing 124
ORDER denying as moot #79 Motion to Dismiss Counts 3-5 for Failure to State a Claim on the Second Amended Complaint; denying Plaintiff's #106 Motion for Partial Summary Judgment and granting Defendant's #112 Cross-Motion for Summary Judgment. Signed by Judge Robert L. Miller, Jr on 8/28/2020 Distribution made via US Mail (CBU)
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Filing 123
REPORT (Joint) Final on the Status of Discovery by PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 122
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 7/29/2020. Parties discussed case status. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 120
REPORT (Joint) on the Status of Discovery by PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 119
REPLY in Support of Motion re #112 Cross MOTION for Summary Judgment , filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 118
Witness List , filed by Plaintiff YES LIGHTING LLC. (McCarthy, Martin)
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Filing 117
Witness List , filed by Defendant PSG ENERGY GROUP, LLC, Exhibit List , filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 116
BRIEF/MEMORANDUM in Support Reply in Support of Motion re #112 Cross MOTION for Summary Judgment , #106 MOTION for Partial Summary Judgment , filed by Plaintiff YES LIGHTING LLC. (McCarthy, Martin)
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Filing 115
RESPONSE in Opposition re #112 Cross MOTION for Summary Judgment and Reply in Support MOTION for Partial Summary Judgment Dkt. #106 , filed by Plaintiff YES LIGHTING LLC. (McCarthy, Martin) Modified on 7/6/2020 (NLR).
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Filing 114
REPORT (Joint) on the Status of Discovery by PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 113
BRIEF/MEMORANDUM in Support re #112 Cross MOTION for Summary Judgment , #106 MOTION for Partial Summary Judgment (in Response in Opposition), filed by Defendant PSG ENERGY GROUP, LLC. (Attachments: #1 Exhibit 1 - Declaration of Jennifer Mrzlack, #2 Exhibit 2 - Deposition of Jamison Krynski, #3 Exhibit 3 - Rule 30(b)(6) Deposition of YES Lighting, LLC, Vol. I, #4 Exhibit 4 - Rule 30(b)(6) Deposition of PSG Energy Group, LLC, #5 Exhibit 5 - July 30, 2018 Guaranteed Energy Savings Contract, #6 Exhibit 6 - September 25, 2018 e-mail between Mrzlack and Cloud, #7 Exhibit 7 - Ind. Sec. of State Due and Diligent Search Certificate, #8 Exhibit 8 - Rule 30(b)(6) Deposition of YES Lighting LLC, Vol. II)(Tharp, Kevin)
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Filing 112
Cross MOTION for Summary Judgment , filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 111
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/28/2020. Parties discussed status of discovery. Telephonic Status Conference set for 7/29/2020 at 11:00 AM (Eastern Time) to discuss parties' Supplemental Joint Reports on Status of Discovery due 6/23/2020 & 7/21/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 110
REPORT (Joint) on the Status of Discovery by PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 107
NOTICE of Filing Appendix of Exhibits to Motion for Partial Summary Judgment Dkt. #106 by YES LIGHTING LLC (Attachments: #1 Exhibit No 1 Transcript Jami Krynscki, #2 Exhibit No 2 Transcript John Scott, #3 Exhibit No 3 Transcript Zack Scott, #4 Exhibit No 4 Transcript Steven Sapp, #5 Exhibit No 5 Transcript Jody Cloud, #6 Exhibit No 6 Transcript Jennifer Mrzlack) (McCarthy, Martin) Modified on 5/12/2020 (NLR).
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Filing 106
MOTION for Partial Summary Judgment , filed by Plaintiff YES LIGHTING LLC. (Attachments: #1 Appendix, #2 Text of Proposed Order, #3 Exhibit no 8, #4 Exhibit no 9, #5 Exhibit no 10, #6 Exhibit no 11)(McCarthy, Martin)
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Filing 105
Designation of Honorable Robert L. Miller, Jr. (NLR)
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Filing 104
NOTICE of Reassignment of Case to Judge Robert L. Miller, Jr. Judge James Patrick Hanlon is no longer assigned to this case. Please include the new case number, 1:19-cv-03982-RLM-MJD, on all future filings in this matter. (NLR)
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Filing 103
ORDER- Pursuant to 28 U.S.C. 294(c), and the designation executed by Chief Judge Diane P. Wood on May 7, 2020, the Honorable Robert L. Miller, Jr. is assigned to perform the duties of the district judge in the United States District Court for the Southern District of Indiana for this matter. The Clerk is directed to reassign this case to Judge Miller pursuant to Local 40-1(f). Signed by Judge Jane Magnus-Stinson on 5/8/2020.(NLR)
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Filing 102
ORDER granting in part and denying in part Plaintiff's #100 Motion for Extension of Time to File Dispositive Motions. Paragraph IV(D) of the approved Case Management Plan [Dkt. 48] is hereby amended as follows (see Order for established deadlines). No further enlargement of this deadline will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 4/27/2020. (SWM)
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Filing 101
REPORT (Joint) on the Status of Discovery by PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 100
MOTION for Extension of Time to 05.11.2020 in which to #48 Order: Case ManagementScheduling Order (), filed by Plaintiff YES LIGHTING LLC. (Attachments: #1 Text of Proposed Order)(McCarthy, Martin) Modified on 4/27/2020 (to accurately match title filing) (GD).
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Filing 99
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Settlement Conference held on 4/16/2020. Settlement was not achieved. Telephonic Status Conference set for 5/28/2020 at 3:30 PM (Eastern Time) to discuss parties' Supplemental Joint Reports on Status of Discovery due 4/27/2020 & 5/26/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 98
Statement of claims by YES LIGHTING LLC. (McCarthy, Martin)
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Filing 97
AMENDED SCHEDULING ORDER - This matter is currently set for an in-person Settlement Conference on Thursday, April 16, 2020 at 9:00 a.m. (Eastern). The Court, sua sponte, hereby CONVERTS the settlement conference from in person to telephonic; all other requirements of the Court's Order scheduling the settlement conference [Dkt. 47] remain in effect, and all persons required to appear thereby shall appear by telephone for the settlement conference via call- in information to be separately provided. Signed by Magistrate Judge Mark J. Dinsmore on 4/7/2020.(SWM) Modified on 4/8/2020 (GD). (Main Document 97 replaced on 4/8/2020) (GD).
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Filing 96
MARGINAL ENTRY - The Court acknowledges the Notice of Voluntary Dismissal of Defendant TRM Lighting LLC d/b/a Flex Green Lighting, dkt. #94 . The Clerk is DIRECTED to only dismiss TRM Lighting LLC d/b/a Flex Green Lighting from the docket. Signed by Judge James Patrick Hanlon on 4/2/2020.(JDH)
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Filing 95
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/1/2020. Parties discussed status of discovery & readiness for upcoming settlement conference. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 94
NOTICE of Voluntary Dismissal, filed by Plaintiff YES LIGHTING LLC. (McCarthy, Martin)
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Filing 93
REPORT (Joint) on the Status of Discovery by PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 91
REPLY in Support of Motion re #79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (COUNTS III-V OF PLAINTIFF'S SECOND AMENDED COMPLAINT), filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 90
BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re #79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff YES LIGHTING LLC. (McCarthy, Martin)
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Filing 89
RESPONSE in Opposition re #79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff YES LIGHTING LLC. (McCarthy, Martin)
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Filing 88
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/4/2020. Parties discussed status of discovery. Caption of Plaintiff's Second Amended Complaint [Dkt. #76 ] incorrectly identified Defendant PSC Energy Group, LLC as Energy Group, LLC. Without opposition, Plaintiff orally moved to amend caption by interlineation, and that motion is hereby GRANTED. Caption of Plaintiff's Second Amended Complaint [Dkt. #76 at 1] is hereby amended to reflect the Defendant's name as PSC Energy Group, LLC. Telephonic Status Conference set for 4/1/2020 at 11:45 AM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 3/30/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 87
NOTICE of Appearance by Hamish S. Cohen on behalf of Plaintiff YES LIGHTING LLC. (Cohen, Hamish)
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Filing 86
ORDER: This matter comes before the Court on #82 Plaintiff's Unopposed Motion for Extension of Time to Secure Local Counsel. Plaintiff's motion is DENIED for failure to comply with Local Rule 6-1(a)(5), which requires a motion for extension of time to be filed at least three business days prior to the deadline absent extraordinary circumstances. However, the Court, sua sponte, hereby enlarges the deadline for local counsel to appear for Plaintiff in this matter, or for Plaintiff's counsel, Mr. McCarthy to show cause why his pro hac vice admission should not be terminated, from February 28, 2020, to on or before March 3, 2020. If local counsel does not appear on Plaintiff's behalf by March 3, 2020, then Plaintiff's counsel Martin McCarthy shall appear before the Court for an in person Show Cause Hearing on 3/3/2020 at 11:00 AM (Eastern Time) in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Plaintiff's local counsel shall appear by telephone for the status conference scheduled on Wednesday, March 4, 2020 at 11:00 AM (Eastern Time). [Dkt. #77 at 1-2.] No further extension of this deadline will be granted. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 3/2/2020. (GD)
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Filing 85
ORDER: This matter comes before the Court on #78 Plaintiff's Unopposed Motion for Extension of Time to Object to Defendant's Disclosure of Attorney's Eyes Only Documents. As the Receiving Party, there is no deadline by which Plaintiff must file any objection to documents designated by Defendant. Plaintiff need only provide written notice of any challenges to Defendant. Accordingly, Plaintiff's motion #78 is hereby DENIED AS MOOT. The parties are reminded of their obligation to first make a good faith effort to resolve any challenges on an informal basis, and if those efforts fail, then the parties are required to request a telephonic conference with the Magistrate Judge to discuss the issues before filing a motion to compel or any other motion to remove or alter the Confidential or Attorneys' Eyes Only designation(s). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 3/2/2020. (GD)
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Filing 84
REPORT (Joint) on the Status of Discovery by PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 82
MOTION for Extension of Time to March 3, 2020 in which to #77 Status ConferenceSet Hearings , filed by Plaintiff YES LIGHTING LLC. (Attachments: #1 Text of Proposed Order Exhibit A)(McCarthy, Martin)
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Filing 81
ANSWER and Affirmative Defenses to Plaintiff's Second Amended Complaint, filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 80
BRIEF/MEMORANDUM in Support re #79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Counts III-V of Plaintiff's Second Amended Complaint, filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 79
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 78
Unopposed MOTION for Extension of Time to 2.24.20 in which to #71 Protective Order, #74 Order on Motion to Amend/Correct , filed by Plaintiff YES LIGHTING LLC. (Attachments: #1 Text of Proposed Order)(McCarthy, Martin)
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Filing 77
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/5/2020. Parties discussed status of discovery. Pursuant to Local Rule 83- 6(c), Plaintiff's counsel Martin McCarthy is hereby ordered to retain local counsel (member of the Court's bar who resides in this district), and local counsel shall enter an appearance in this matter on or before February 28, 2020, or Mr. McCarthy shall show cause by that date why his pro hac vice admission should not be terminated. Telephonic Status Conference set for 3/4/2020 at 11:00 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 76
AMENDED COMPLAINT against PSG ENERGY GROUP, LLC, TRM LIGHTING, LLC, filed by YES LIGHTING LLC. (Attachments: #1 Exhibit Exhibit "A" Spreadsheet YES, #2 Exhibit Exhibit "B" Spreadsheet FLEX)(McCarthy, Martin)
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Filing 75
REPORT (Joint) on the Status of Discovery by PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 74
ORDER AMENDING #72 APPROVED PROTECTIVE ORDER (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 2/3/2020. (SWM)
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Filing 72
Joint MOTION to Amend/Correct #71 Protective Order , filed by Defendant PSG ENERGY GROUP, LLC. (Attachments: #1 Exhibit 1 - Amended Uniform Stipulated Protective Order, #2 Text of Proposed Order - Amended Uniform Stipulated Protective Order)(Tharp, Kevin)
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Filing 71
UNIFORM STIPULATED PROTECTIVE ORDER #69 Approved as Amended and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 1/9/2020.(SWM)
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Filing 70
ORDER granting Plaintiff's #63 Motion for Leave to File Amended Complaint. On or before January 10, 2020, Plaintiff shall file its Second Amended Complaint, and any exhibits thereto, in substantially the same form as was attached to Plaintiff's Motion for Leave. [Dkts. 63-1 & 63-2]. Counsel for Plaintiff is reminded to comply with L.R. 5-6 (a), which requires each electronically filed exhibit to be created as a separate.pdf file, submitted as an attachment to the main document, and given a title which describes its content. Signed by Magistrate Judge Mark J. Dinsmore on 1/8/2020. (SWM)
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Filing 69
Joint MOTION for Protective Order , filed by Defendant PSG ENERGY GROUP, LLC. (Attachments: #1 Exhibit 1 - Uniform Stipulated Protective Order, #2 Text of Proposed Order - Uniform Stipulated Protective Order)(Tharp, Kevin)
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Filing 68
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/8/2020. Parties discussed status of discovery. Telephonic Status Conference set for 2/5/2020 at 2:00 PM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 2/3/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 67
REPORT (Joint) on the Status of Discovery by PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 65
NOTICE of Parties' First Extension of Time, filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 64
ORDER granting #61 Motion for Extension of Time to 12/17/2019 to amend the pleadings and or join additional parties. Signed by Magistrate Judge Mark J. Dinsmore on 12/18/2019. (CBU)
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Filing 63
MOTION for Leave to Amend Complaint and Memorandum of Law, filed by Plaintiff YES LIGHTING LLC. (Attachments: #1 Proposed Amended Complaint, #2 Composite Exhibit A)(McCarthy, Martin) Modified on 12/19/2019 to match document filed. (GD)
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Filing 62
RESPONSE in Opposition re #61 First MOTION for Extension of Time to December 17, 2019 in which to #48 Order: Case ManagementScheduling Order, #57 Order on Motion to Dismiss for Failure to State a Claim , filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 61
First MOTION for Extension of Time to December 17, 2019 in which to #48 Order: Case ManagementScheduling Order, #57 Order on Motion to Dismiss for Failure to State a Claim , filed by Plaintiff YES LIGHTING LLC. (Attachments: #1 Text of Proposed Order Exhibit A)(McCarthy, Martin)
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Filing 60
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: In-Person Status Conference held on 12/11/2019. Parties discussed status of discovery. Telephonic Status Conference set for 1/8/2020 at 11:30 AM (Eastern Time) to discuss parties' Supplemental Joint Report on Status of Discovery due 1/6/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 59
Mail Returned as undeliverable. #57 Order on Motion to Dismiss for Failure to State a Claim sent to Kir-Sheng Chen at Ice Legal, 1015 N. State Road 7, Suite D, Royal Palm Beach, FL 33411. (JDH)
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Filing 58
REPORT (Joint) on the Status of Discovery by PSG ENERGY GROUP, LLC. (Tharp, Kevin)
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Filing 57
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS - Because the deadline for motions for leave to amend the pleadings is December 13, 2019, dkt. 48 at 2, the Court summarily GRANTS PSG's motion to dismiss, dkt. #40 , without prejudice to Yes Lighting filing a motion for leave to amend the complaint. Counts IV, V, and VI are DISMISSED (SEE ORDER). Signed by Judge James Patrick Hanlon on 11/21/2019. Copies distributed pursuant to distribution list. (DWH)
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Filing 56
Witness List Plaintiff's Preliminary, filed by Plaintiff YES LIGHTING LLC. (McCarthy, Martin)
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Filing 55
SCHEDULING ORDER: In order to allow the Court to more efficiently and effectively manage discovery in this matter, on or before December 9, 2019, the parties shall jointly file a "Joint Report on the Status of Discovery,". See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 11/19/2019.(SWM)
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Filing 54
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 11/19/2019. Parties discussed status of discovery. Plaintiff shall file its overdue preliminary witness and exhibit lists [Dkt. #48 at 2] on or before November 21, 2019. Plaintiff shall serve its overdue initial settlement demand [Id.], with a copy to Magistrate Judge Dinsmore, on or before November 21, 2019. In-Person Status Conference set for 12/11/2019 at 2:00 PM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana to discuss case status & parties' Joint Report on Status of Discovery due 12/9/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 52 Witness List (Preliminary), filed by Defendant PSG ENERGY GROUP, LLC, Exhibit List (Preliminary), filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin) |
| Filing 51 Mail Returned as undeliverable - RTS/Unable to forward re #37 SCHEDULING ORDER sent to Kir-Sheng Chen, Attorney for PSG ENERGY GROUP, LLC. (DWH) |
| Filing 50 Statement of position by YES LIGHTING LLC. (McCarthy, Martin) |
| Filing 49 Corporate Disclosure Statement by YES LIGHTING LLC. (McCarthy, Martin) |
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Filing 48
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 5/1/2020. Discovery due by 3/31/2020. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2019.(SWM)
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Filing 47
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 10/17/2019. Approved Case Management Plan, as amended, to be entered separate order. Plaintiff shall file overdue statement of position as required Local Rule 16-2 on or before October 21, 2019. Telephonic Status Conference set for 11/19/2019 at 2:00 PM (Eastern Time). Settlement Conference set for 4/16/2020 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)
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Filing 46
ORDER granting Martin G. McCarthy's #43 Motion to Appear pro hac vice on behalf of Plaintiff YES LIGHTING LLC. If not already registered with the Court's Electronic Filing System, Martin G. McCarthy is ordered to register within ten (10) days of the entry of this order. Copy to Martin G. McCarthy via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2019. (SWM)
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Filing 45
ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2019.(SWM)
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| Filing 44 CASE MANAGEMENT PLAN TENDERED, filed by Defendant PSG ENERGY GROUP, LLC . (Tharp, Kevin) |
| Filing 43 MOTION for Attorney(s) Martin G. McCarthy to Appear pro hac vice (Filing fee $100, receipt number IP066952), filed by Plaintiff YES LIGHTING LLC. (Attachments: #1 Certificate of good standing, #2 Copy of check, #3 Text of Proposed Order, #4 Envelope)(JDH) |
| Filing 42 Statement of Position by PSG ENERGY GROUP, LLC. (Tharp, Kevin) |
| Filing 41 BRIEF/MEMORANDUM in Support re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FOR COUNTS IV-VI OF PLAINTIFF'S AMENDED VERIFIED COMPLAINT , filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin) |
| Filing 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FOR COUNTS IV-VI OF PLAINTIFF'S AMENDED VERIFIED COMPLAINT, filed by Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin) |
| Filing 39 ANSWER to #6 Amended Complaint , filed by PSG ENERGY GROUP, LLC.(Tharp, Kevin) |
| Filing 38 Corporate Disclosure Statement by PSG ENERGY GROUP, LLC identifying Corporate Parent ENVELOP GROUP, LLC for PSG ENERGY GROUP, LLC.. (Tharp, Kevin) |
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Filing 37
SCHEDULING ORDER: This matter was transferred from the Southern District of Florida on September 19, 2019. In accordance with Local Rule 16-2, each party shall file a position statement on or before October 10, 2019. Counsel shall promptly register as an electronic filing user with this Court's Electronic Case Filing System as required by Local Rule 5-3. Counsel shall also comply with Local Rule 83-7(b) if applicable (requiring attorney not admitted to practice before this court to comply with Local Rule 83.5 or withdraw appearance within 21 days of case being transferred). Also before the Court is Defendant's Unopposed Motion for Deadline to File Responsive Pleading. [Dkt. #36 .] The Court, being duly advised, hereby GRANTS the motion. On or before October 10, 2019, Defendant shall file a response to Plaintiff's Amended Verified Complaint. No further enlargement of this deadline will be granted. In addition, this matter is scheduled for a telephonic initial pretrial conference on Thursday, October 17, 2019 at 2:00 p.m. (Eastern). Counsel shall attend the conference by calling 877-873-8017, Access Code 7786882, Security Code 193982. The parties shall file a proposed Case Management Plan ("CMP") on or before October 15, 2019. Unless the parties agree there are compelling reasons for a departure, the CMP shall be in the format set forth in the model CMP found on the Court's website (www.insd.uscourts.gov). Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional information). Copy to Kir-Sheng Chen, John Anthony Chiocca and Martin G. McCarthy via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 10/1/2019.(SWM)
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| Filing 36 Unopposed MOTION for Deadline to File Responsive Pleading, filed by Defendant PSG ENERGY GROUP, LLC. (Attachments: #1 Text of Proposed Order)(Flint, Jaclyn) |
| Filing 35 NOTICE of Appearance by Jaclyn Michelle Flint on behalf of Defendant PSG ENERGY GROUP, LLC. (Flint, Jaclyn) |
| Filing 34 NOTICE of Appearance by Kevin Nicholas Tharp on behalf of Defendant PSG ENERGY GROUP, LLC. (Tharp, Kevin) |
| Filing 33 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
| Filing 32 Case transferred in from District of Florida Southern; Case Number 1:18-cv-24365. Original file copy of transfer order and docket sheet received. |
| ***Answer Deadline(s) terminated per #31 Order. (asl) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 31
ORDER granting #15 Motion to Transfer Venue to the United States District Court for the Southern District of Indiana. Signed by Judge Federico A. Moreno on 9/18/2019. See attached document for full details. (mmc) [Transferred from Florida Southern on 9/20/2019.]
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| Civil Case Terminated. Closing Case. (mmc) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 30 Plaintiff's RESPONSE to #29 Order, by Yes Lighting LLC. (Attachments: #1 Exhibit composite exhibit a, #2 Exhibit exhibit b, #3 Exhibit exhibit c, #4 Exhibit exhibit d)(McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 29
ORDER. Plaintiff must file a complete list of the members and their citizenship for YES Lighting LLC and PSG Energy Group LLC by no later than August 16, 2019. Signed by Judge Federico A. Moreno on 8/9/2019. See attached document for full details. (ap00) [Transferred from Florida Southern on 9/20/2019.]
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Filing 28
Order of Dismissal as to Defendant TRM Lighting Only. Signed by Judge Federico A. Moreno on 2/28/2019. See attached document for full details. (ap00) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 27 NOTICE of Voluntary Dismissal by Yes Lighting LLC (McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 26 NOTICE of Voluntary Dismissal by Yes Lighting LLC (McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 25
Order Dismissing Party City of Connersville, Indiana. Signed by Judge Federico A. Moreno on 2/8/2019. See attached document for full details. (ap00) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 24 Defendant's REPLY to #23 Response in Opposition to Motion in Opposition to Transfer Venue by PSG Energy Group, LLC. (Chen, Kir-Sheng) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 23 RESPONSE in Opposition re #15 First MOTION to Change Venue filed by Yes Lighting LLC. Replies due by 2/8/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 22
PAPERLESS ORDER granting #21 Motion for Extension of Time to File Response. Response must be filed no later than February 1, 2019. Signed by Judge Federico A. Moreno on 1/28/2019. (ap00) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 21 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #15 First MOTION to Change Venue by Yes Lighting LLC. (Attachments: #1 Text of Proposed Order)(McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 20 Clerks Notice to Filer re #16 Summons Returned Executed: Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see 19 Summons Returned Executed. It is not necessary to refile this document. (pes) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint with a 21 day response/answer filing deadline TRM Lighting, LLC served on 12/4/2018, answer due 12/25/2018. See DE #16 for image. (pes) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re #14 Order to Show Cause by Yes Lighting LLC. (McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 17 NOTICE of Voluntary Dismissal of the City of Connorsville, Indiana by Yes Lighting LLC (McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint with a 21 day response/answer filing deadline by Yes Lighting LLC. TRM Lighting, LLC served on 11/28/2018, answer due 12/19/2018. (McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 15 First MOTION to Change Venue by PSG Energy Group, LLC. Attorney Kir-Sheng Chen added to party PSG Energy Group, LLC(pty:dft). Responses due by 1/25/2019 (Chen, Kir-Sheng) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 14
ORDER TO SHOW CAUSE Signed by Judge Federico A. Moreno on 1/9/2019. See attached document for full details. (ap00) [Transferred from Florida Southern on 9/20/2019.]
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Filing 13
PAPERLESS ORDER granting #12 Motion for Extension of Time to File Response to Complaint. Must be filed no later than January 11, 2019. Signed by Judge Federico A. Moreno on 12/28/2018. (ap00) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 12 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint by PSG Energy Group, LLC, TRM Lighting, LLC. Attorney John Anthony Chiocca added to party TRM Lighting, LLC(pty:dft). (Attachments: #1 Order)(Chiocca, John) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 11 NOTICE of Attorney Appearance by John Anthony Chiocca on behalf of PSG Energy Group, LLC. Attorney John Anthony Chiocca added to party PSG Energy Group, LLC(pty:dft). (Chiocca, John) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 10 Summons Issued as to PSG Energy Group, LLC, TRM Lighting, LLC. (pes) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 9 Notice of Entry of Parties Listed on 7 Clerks Notice of Docket Correction and Instruction to Filer - Attorney into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): TRM Lighting, LLC. (McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 8 NOTICE of Filing Proposed Summons(es) by Yes Lighting LLC re #6 Amended Complaint filed by Yes Lighting LLC (Attachments: #1 Summon(s) Exhibit "A", #2 Summon(s) Exhibit "B") (McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 7 Clerks Notice to Filer re #6 Amended Complaint. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (pes) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Yes Lighting LLC.(McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 5 NOTICE by Yes Lighting LLC re #1 Complaint (McCarthy, Martin) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (jao) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (jao) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (jao) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11095363, filed by Yes Lighting LLC.(McCarthy, Martin) (Additional attachment(s) added on 10/23/2018: #1 Civil Cover Sheet) (pes). [Transferred from Florida Southern on 9/20/2019.] |
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