TOYOTA MATERIAL HANDLING MIDWEST, INC. D/B/A PROLIFT INDUSTRIAL EQUIPMENT et al
| TOYOTA MATERIAL HANDLING MIDWEST, INC. and TOYOTA MATERIAL HANDLING MIDWEST, INC. doing business as PROLIFT INDUSTRIAL EQUIPMENT |
| TAYLOR MACHINE WORKS, INC. and SUDDEN SERVICE, INC. |
| 1:2020cv00281 |
| January 24, 2020 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Richard L Young |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on April 1, 2021. A more recent docket listing may be available from PACER.
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| The Southern District of Indiana receives email notice from the Clerk of the Western District of Kentucky regarding electronic case transfer. This case was received electronically by the Western District of Kentucky on 3/31/2021 and was assigned case number 3:21-cv-204 in the receiving court. (JRB) |
| Filing 69 Transfer Letter to Clerk of the Western District of Kentucky. Case transferred electronically to Western District of Kentucky, on March 31. 2021. (JRB) |
Filing 68
ENTRY DENYING MOTION TO DISMISS AND TRANSFERRING CASE - Taylor's Motion to Dismiss #16 is GRANTED in part and DENIED in part. Specifically, the court DENIES Taylor's motion with respect to dismissing this case for lack of personal jurisdiction. The court GRANTS Taylor's motion with respect to transfer. All pending motions are DENIED as MOOT. The clerk is designated to transfer this matter to the Western District of Kentucky. SEE ORDER. Signed by Judge Richard L. Young on 3/31/2021.(JRB)
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Filing 67
ORDER VACATING TELEPHONIC STATUS CONFERENCE - The Court, on its own, vacates the telephonic status conference set for 1:30 p.m. (Eastern) on January 22, 2021. Signed by Magistrate Judge Tim A. Baker on 1/21/2021.(SWM)
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| Filing 66 Minute Entry for telephonic conference held 1/21/21 before Judge Richard L. Young. Any rulings shall issue by separate order. (TMD) |
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Filing 64
ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED (Amended CMP). Dispositive Motions due by 9/10/2021. Discovery due by 7/9/2021. Signed by Magistrate Judge Tim A. Baker on 1/19/2021.(SWM)
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Filing 63
SCHEDULING ORDER-TELEPHONIC Status Conference set for 1/22/2021 at 1:30 PM before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address a discovery dispute. Counsel shall provide a summary no longer than three-pages of the dispute no later than 24 hours prior to this conference by emailing it to MJBaker@insd.uscourts.gov. Signed by Magistrate Judge Tim A. Baker on 1/15/2021.(CBU)
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| Filing 62 Joint MOTION to Amend Case Management Plan, filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Attachments: #1 Text of Proposed Order Amended CMP)(Brown, Alan) |
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Filing 60
SCHEDULING ORDER: Telephonic Status Conference set for 1/21/2021 at 03:00 PM (Eastern Time) before Judge Richard L. Young. The information needed to participate in this telephonic conference will be provided by aseparate notification. Signed by Judge Richard L. Young on 1/14/2021.(JRB)
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Filing 59
ORDER granting #58 Motion for Uniform Stipulated Protective Order. Signed by Magistrate Judge Tim A. Baker on 12/21/2020. (CBU)
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| Filing 58 MOTION for Protective Order , filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Attachments: #1 Exhibit A - Stipulated Protective Order)(Brown, Alan) |
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Filing 57
ORDER granting #56 Motion to Withdraw Attorney Appearance. Attorney Erin Thornton Escoffery withdrawn. Signed by Magistrate Judge Tim A. Baker on 12/4/2020. (SWM)
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| Filing 56 MOTION to Withdraw Attorney Appearance , filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Attachments: #1 Text of Proposed Order)(Escoffery, Erin) |
| Filing 55 NOTICE OF AUTOMATIC INITIAL EXTENSION TO RESPOND, filed by Defendant TAYLOR MACHINE WORKS, INC. (Washburn, Rachel) |
| Filing 54 NOTICE of Parties' First Extension of Time, filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Brown, Alan) |
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Filing 53
ORDER granting #52 Motion to Withdraw Attorney Appearance. Attorney Darren Andrew Craig withdrawn. Signed by Magistrate Judge Tim A. Baker on 10/9/2020. (SWM)
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| Filing 52 MOTION to Withdraw Attorney Appearance Darren A. Craig, filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Attachments: #1 Text of Proposed Order)(Craig, Darren) |
| Filing 51 REPLY in Support of Motion re #14 MOTION for Preliminary Injunction , filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Brown, Alan) |
| Filing 50 RESPONSE in Opposition re #48 MOTION for Hearing on Motion for Preliminary Injunction (Renewed) , filed by Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Washburn, Rachel) |
| Filing 49 BRIEF/MEMORANDUM in Support re #48 MOTION for Hearing on Motion for Preliminary Injunction (Renewed) . (Attachments: #1 Exhibit A - Supplemental Declaration of Chris Frazee)(Brown, Alan) |
| Filing 48 MOTION for Hearing on Motion for Preliminary Injunction (Renewed), filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Attachments: #1 Text of Proposed Order)(Brown, Alan) |
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Filing 47
ORDER - Entered #46 Motion for Entry Agreed Discovery; Defendants shall have an additional 30 days from entry of this Agreed Order to respond to discovery requests served on them by TMHM; and ) The deadline for discovery relating to TMHM's Motion for Preliminary Injunction [ECF 14] shall be 15 days before the hearing on such Motion. Signed by Magistrate Judge Tim A. Baker on 9/3/2020. *** SEE ORDER FOR FURTHER INSTRUCTIONS*** (CKM)
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| Filing 46 Joint MOTION FOR ENTRY OF DISCOVERY ORDER, filed by Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Benjamin) |
| Filing 45 Exhibit List , filed by Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC., Witness List , filed by Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Jakubowicz, Janet) |
| Filing 44 Witness List , filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC., Exhibit List , filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Brown, Alan) |
| Filing 43 NOTICE of Filing of Motion to Dismiss Complaint Filed in Kentucky by TOYOTA MATERIAL HANDLING MIDWEST, INC. (Attachments: #1 Exhibit 1 - Motion to Dismiss and Supporting Brief) (Craig, Darren) |
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Filing 42
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. The Court adopts Plaintiff's proposed CMP deadlines. Dispositive Motions due by 3/5/2021. Discovery due by 1/6/2021. Signed by Magistrate Judge Tim A. Baker on 6/11/2020.(SWM)
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| Filing 41 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC. . (Brown, Alan) |
| Filing 40 BRIEF/MEMORANDUM in Support re #16 MOTION to Dismiss , filed by Defendant TAYLOR MACHINE WORKS, INC.. (Attachments: #1 Exhibit 1 - Western District of KY Complaint)(Lewis, Benjamin) |
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Filing 39
ORDER ON MAY 28, 2020, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel May 28, 2020, for a telephonic status conference. Defendants' motion to dismiss [Filing No. 8] is denied as moot in light of Plaintiff's amended complaint. The Court will address the pending, ripe motion to dismiss [Filing No. 16] before addressing Plaintiff's motion for preliminary injunction. [Filing No. 14.] Accordingly, Plaintiff's motion to lift the stay of proceedings [Filing No. 38] is granted except that briefing on that motion remains stayed. Signed by Magistrate Judge Tim A. Baker. (MGG)
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| Filing 38 MOTION TO END STAY OF PROCEEDINGS, filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Attachments: #1 Text of Proposed Order)(Brown, Alan) |
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Filing 37
ORDER that parties shall file a proposed CMP no later than 14 days from the date of this Order. Signed by Magistrate Judge Tim A. Baker on 5/27/2020.(CBU)
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Filing 35
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 5/18/2020. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 33
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 5/5/2020. The parties were present and represented by counsel. The parties conducted settlement negotiations, and those negotiations are ongoing. Telephonic Status Conference set for 5/18/2020 at 09:30 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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| Filing 31 NOTICE of Appearance by Miles R. Harrison on behalf of Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Harrison, Miles) |
| Filing 30 NOTICE of Appearance by Peter Matthew Cummins on behalf of Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Cummins, Peter) |
| Filing 29 REPLY in Support of Motion re #16 MOTION to Dismiss , filed by Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Washburn, Rachel) |
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Filing 28
ORDER ON APRIL 14, 2020, TELEPHONIC INITIAL PRETRIAL CONFERENCE AND ORDER SETTING TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel April 14, 2020, for an initial pretrial conference. The motion to stay [Filing No. 17] is granted in part to the extent the Case Management Plan [Filing No. 24] is denied and briefing on Plaintiff's motion for preliminary injunction [Filing No. 14] is stayed. This cause is set for a telephonic status conference at 10 a.m. on May 28, 2020. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to discuss case status and settlement and whether to lift the partial stay in light of anticipated global settlement discussions. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 27
ORDER - On the Courts own motion, the SETTLEMENT CONFERENCE currently set in-person on MAY 5, 2020 at 9:30 a.m., Evansville time (CST), is hereby CONVERTED to a TELEPHONIC SETTLEMENT CONFERENCE before the Honorable Matthew P. Brookman, United States Magistrate Judge. The date and time of the settlement conference shall remain unchanged. The information needed by the parties to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 4/14/2020.(AAS)
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| Filing 26 NOTICE of Appearance by Erin Thornton Escoffery on behalf of Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Escoffery, Erin) |
| Filing 24 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC. . (Brown, Alan) |
| Filing 23 REPLY in Support of Motion re #17 MOTION to Stay Proceedings, filed by Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Lewis, Benjamin) |
| Filing 22 RESPONSE in Opposition re #16 MOTION to Dismiss , filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Brown, Alan) |
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Filing 21
SCHEDULING ORDER: Settlement Conference set for 5/5/2020 at 09:30 AM (Central Time) in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 4/6/2020.(JRB)
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Filing 20
ORDER Referring Cause to Magistrate Judge Brookman for Settlement Conference ONLY. See Order. Signed by Magistrate Judge Tim A. Baker on 4/3/2020.(SWM)
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| Filing 19 RESPONSE in Opposition re #17 MOTION to Stay Pending a Ruling on Their Renewed Motion to Dismiss, or in the Alternative, for an Enlargment of Time for Defendants to Respond to Plaintiff's Motion for Preliminary Injunction, filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Craig, Darren) |
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Filing 18
SCHEDULING ORDER: Initial Pretrial Conference set for 4/14/2020 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 3/24/2020.(SWM)
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| Filing 17 MOTION to Stay , filed by Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Attachments: #1 Proposed Orrder Staying Preliminary Injunction, #2 Proposed Order Enlarging Time to Respond to Preliminary Injunction)(Washburn, Rachel) |
| Filing 16 MOTION to Dismiss , filed by Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Attachments: #1 Memo In Support of MTD, #2 Proposed Order to Dismiss, #3 Proposed Order of Transfer)(Washburn, Rachel) |
| Filing 15 BRIEF/MEMORANDUM in Support re #14 MOTION for Preliminary Injunction , filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Attachments: #1 Affidavit Declaration of Chris Frazee, #2 Exhibit Sales Agreement, #3 Exhibit Service Agreement, #4 Exhibit Transition Plan, #5 Exhibit Spears Agreement, #6 Exhibit Argabright Agreement, #7 Exhibit Taylor Letter, #8 Exhibit ProLift Letter, #9 Exhibit Bill Johnson Email, #10 Exhibit Bob Ritz Letter, #11 Exhibit Larry Addkison Agreement)(Craig, Darren) |
| Filing 14 MOTION for Preliminary Injunction , filed by Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Attachments: #1 Text of Proposed Order)(Craig, Darren) |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by TOYOTA MATERIAL HANDLING MIDWEST, INC.. (Attachments: #1 Exhibit Sales Agreement, #2 Exhibit Service Agreement, #3 Exhibit Transition Plan, #4 Exhibit Spears Agreement, #5 Exhibit Argabright Agreement, #6 Exhibit Taylor Letter, #7 Exhibit ProLift Letter, #8 Exhibit Bill Johnson Email, #9 Exhibit Bob Ritz Letter, #10 Exhibit Larry Addkison Agreement)(Craig, Darren) |
| Filing 12 NOTICE of Appearance by Rachel A. Washburn on behalf of Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Washburn, Rachel) |
| Filing 11 NOTICE of Appearance by Janet P. Jakubowicz on behalf of Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Jakubowicz, Janet) |
| Filing 10 Corporate Disclosure Statement by SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Lewis, Benjamin) |
| Filing 9 NOTICE to File Corporate Disclosure Statement to SUDDEN SERVICE, INC. and TAYLOR MACHINE WORKS, INC. (LAB) (JRB) |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, filed by Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A - Kentucky Petition for Declaratory Judgment, #3 Exhibit B - Declaration of Hal Nowell, #4 Text of Proposed Order)(Lewis, Benjamin) |
| Filing 7 NOTICE of Appearance by Benjamin Joel Lewis on behalf of Defendants SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC.. (Lewis, Benjamin) |
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 5 Summons Issued as to SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC. (JRB) (Main Document 5 replaced on 1/24/2020) (JRB). |
| Filing 4 NOTICE of Appearance by Alan S. Brown on behalf of Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC. D/B/A PROLIFT INDUSTRIAL EQUIPMENT. (Brown, Alan) |
| Filing 3 Corporate Disclosure Statement by TOYOTA MATERIAL HANDLING MIDWEST, INC. D/B/A PROLIFT INDUSTRIAL EQUIPMENT. (Craig, Darren) |
| Filing 2 NOTICE of Appearance by Darren Andrew Craig on behalf of Plaintiff TOYOTA MATERIAL HANDLING MIDWEST, INC. D/B/A PROLIFT INDUSTRIAL EQUIPMENT. (Craig, Darren) |
| Filing 1 COMPLAINT Receipt #0756-5825686 against SUDDEN SERVICE, INC., TAYLOR MACHINE WORKS, INC., filed by TOYOTA MATERIAL HANDLING MIDWEST, INC. D/B/A PROLIFT INDUSTRIAL EQUIPMENT. (No fee paid with this filing) (Attachments: #1 Exhibit Sales Agreement, #2 Exhibit Service Agreement, #3 Exhibit ProLift Agreement and Transition Plan, #4 Exhibit Taylor Letter, #5 Exhibit ProLift Letter, #6 Civil Cover Sheet, #7 Proposed Summons)(Craig, Darren) |
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