HITACHI ASTEMO INDIANA, INC v. XPO LOGISTICS, LLC
| Keihin North America, Inc. and HITACHI ASTEMO INDIANA, INC. |
| XPO Logistics LLC |
| XPO LOGISTICS, LLC |
| 1:2020cv01345 |
| May 8, 2020 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James Patrick Hanlon |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on August 16, 2022. A more recent docket listing may be available from PACER.
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Filing 70
ORDER granting Parties' #69 Joint Motion to Extend Deadline to Limit or Preclude Expert Testimony to 1/3/2022. Signed by Magistrate Judge Tim A. Baker on 11/16/2021. (SWM)
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Filing 69
Joint MOTION for Extension of Time to Limit or Preclude Expert Testimony, filed by Defendant XPO LOGISTICS, LLC. (Attachments: #1 Text of Proposed Order)(Strawbridge, Bryan)
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Filing 68
Surreply re #57 MOTION for Summary Judgment on Its Complaint for Damages and Declaratory Judgment and Defendant's Counterclaims (Partial) (in Opposition to), filed by Counter Claimants XPO LOGISTICS, LLC, XPO LOGISTICS, LLC, Defendant XPO LOGISTICS, LLC. (Strawbridge, Bryan)
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Filing 67
Designation of Evidence re #64 Response in Opposition to Motion (Supplemental), filed by Counter Claimants XPO LOGISTICS, LLC, XPO LOGISTICS, LLC, Defendant XPO LOGISTICS, LLC. (Attachments: #1 Exhibit H - Amended Notice of Rule 30(B)(6) Deposition of Defendant, XPO Logistics, LLC, dated July 8, 2021)(Strawbridge, Bryan)
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Filing 66
REPLY in Support of Motion re #57 MOTION for Summary Judgment on Its Complaint for Damages and Declaratory Judgment and Defendant's Counterclaims (Partial) , filed by Plaintiff HITACHI ASTEMO INDIANA, INC.. (Zacher, Adam)
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Filing 65
Appendix of Exhibits in Support of Reply in Support of Motion re #57 MOTION for Summary Judgment on Its Complaint for Damages and Declaratory Judgment and Defendant's Counterclaims (Partial) (Supplemental), filed by Plaintiff HITACHI ASTEMO INDIANA, INC.. (Attachments: #1 Exhibit 1- Scott 30(b)(6) Dep. Excerpts, #2 Exhibit 2- Declaration of Julie Schuyler, #3 Exhibit 3- Expert Report of Jay R. Cunningham)(Zacher, Adam)
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Filing 64
RESPONSE in Opposition re #57 MOTION for Summary Judgment on Its Complaint for Damages and Declaratory Judgment and Defendant's Counterclaims (Partial) , filed by Defendant XPO LOGISTICS, LLC. (Strawbridge, Bryan)
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Filing 63
Designation of Evidence re #57 MOTION for Summary Judgment on Its Complaint for Damages and Declaratory Judgment and Defendant's Counterclaims (Partial) (In Support Of Its Response In Opposition To Plaintiff's Partial Summary Judgment Request), filed by Counter Claimants XPO LOGISTICS, LLC, XPO LOGISTICS, LLC, Defendant XPO LOGISTICS, LLC. (Attachments: #1 Exhibit A - Excerpts and exhibits from the deposition of Brian Manning, #2 Exhibit B - Excerpts from the deposition of Kim Morgan, #3 Exhibit C - Excerpts and exhibits from the deposition of Troy Scott, #4 Exhibit D - Affidavit of Business Records Custodian, #5 Exhibit E - E-mail dated 8-29-17, bates-labeled KNA_000041, #6 Exhibit F - E-mail dated 9-5-17, bates-labeled KNA_000067, #7 Exhibit G - Excerpts from deposition of Chris Bart)(Strawbridge, Bryan)
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Filing 62
Exhibit List (Final), filed by Plaintiff HITACHI ASTEMO INDIANA, INC.. (Zacher, Adam)
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Filing 61
Witness List (Final), filed by Plaintiff HITACHI ASTEMO INDIANA, INC.. (Zacher, Adam)
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Filing 60
Exhibit List (Final), filed by Defendant XPO LOGISTICS, LLC, Witness List (Final), filed by Defendant XPO LOGISTICS, LLC. (Strawbridge, Bryan)
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Filing 59
BRIEF/MEMORANDUM in Support re #57 MOTION for Summary Judgment on Its Complaint for Damages and Declaratory Judgment and Defendant's Counterclaims (Partial) , filed by Plaintiff HITACHI ASTEMO INDIANA, INC.. (Zacher, Adam)
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Filing 58
APPENDIX re #57 MOTION for Summary Judgment on Its Complaint for Damages and Declaratory Judgment and Defendant's Counterclaims (Partial) by HITACHI ASTEMO INDIANA, INC.. (Attachments: #1 Exhibit 1- Christina Morog Declaration with Exhibit 1-A, #2 Exhibit 2- Manning Deposition 30(b)(6) Excerpts, #3 Exhibit 3- Manning 30(b)(6) Deposition Exhibits 1-5, 7-9, 11-17, #4 Exhibit 4- Scott 30(b)(6) Deposition Excerpts, #5 Exhibit 5- Scott 30(b)(6) Deposition Exhibits 18, 21, 26-27, #6 Exhibit 6- Morgan 30(b)(6) Deposition Excerpts, #7 Exhibit 7- Morgan 30(b)(6) Deposition Exhibits 28-29, 36, #8 Exhibit 8- Elder 30(b)(6) Deposition Excerpts, #9 Exhibit 9- Elder 30(b)(6) Deposition Exhibits 38, 42, #10 Exhibit 10- Brownlee Deposition Excerpts, #11 Exhibit 11- Brownlee Deposition Exhibits 47, 48, 51, #12 Exhibit 12- Shay Davis Affidavit with Exhibits A-F, #13 Exhibit 13- XPO's Responses to Keihin's Requests for Admissions, #14 Exhibit 14- D. Shawn Shaw Declaration)(Zacher, Adam)
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Filing 57
MOTION for Summary Judgment on Its Complaint for Damages and Declaratory Judgment and Defendant's Counterclaims (Partial), filed by Plaintiff HITACHI ASTEMO INDIANA, INC.. (Zacher, Adam)
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Filing 56
Statement of Claims and Defenses by XPO LOGISTICS, LLC. (Strawbridge, Bryan)
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Filing 55
Statement of Claims and Defenses by HITACHI ASTEMO INDIANA, INC.. (Zacher, Adam)
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Filing 54
ORDER granting Parties' #53 Joint Motion to Extend Deadlines (see Order for established deadlines). The Court does not anticipate granting additional enlargements of these deadlines. Signed by Magistrate Judge Tim A. Baker on 7/19/2021.(SWM)
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Filing 53
Joint MOTION for Extension of Time to Extend Case Management Deadlines, filed by Plaintiff HITACHI ASTEMO INDIANA, INC.. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion to Extend Deadlines)(Zacher, Adam)
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Filing 52
NOTICE of Appearance by Christopher Lee Bills on behalf of Defendant XPO LOGISTICS, LLC. (Bills, Christopher)
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Filing 51
STATUS REPORT (Joint) by All Plaintiffs. (Betz, Tracy)
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Filing 50
ORDER: CASE MANAGEMENT PLAN (Amended Case Management). Signed by Magistrate Judge Tim A. Baker on 5/7/2021.(SWM)
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Filing 49
ORDER granting Parties' #48 Joint Motion for Amended Case Management Plan Order - The Amended Case Management Plan is hereby entered as the operative Case Management Plan of this matter (as amended). IT IS FURTHER ORDERED that the parties shall file a report by May 14, 2021, regarding the status of the anticipated private mediation. Signed by Magistrate Judge Tim A. Baker on 5/7/2021. (SWM)
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Filing 48
Joint MOTION to Amend/Correct #23 Order: Case Management , filed by Plaintiff HITACHI ASTEMO INDIANA, INC.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Text of Proposed Order Amended Case Management Plan)(Betz, Tracy)
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Filing 47
ORDER granting Plaintiff's #46 Motion to Amend Plaintiff's Name - IT IS THEREFORE ORDERED that henceforth, the Plaintiff shall be identified as Hitachi Astemo Indiana, Inc. The Clerk shall change the identification of the named Plaintiff from "Keihin North America, Inc." to "Hitachi Astemo Indiana, Inc." Signed by Magistrate Judge Tim A. Baker on 4/30/2021. (SWM)
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Filing 46
MOTION to Amend/Correct Plaintiff's Name, filed by Plaintiff KEIHIN NORTH AMERICA, INC.. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)(Zacher, Adam)
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Filing 45
NOTICE of Appearance by Adam Daniel Zacher on behalf of Plaintiff KEIHIN NORTH AMERICA, INC.. (Zacher, Adam)
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Filing 44
NOTICE of Appearance by Carly Jolene Tebelman on behalf of Counter Claimants XPO LOGISTICS, LLC, XPO LOGISTICS, LLC, Defendant XPO LOGISTICS, LLC. (Tebelman, Carly)
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Filing 43
UNIFORM STIPULATED PROTECTIVE ORDER - The parties, by their undersigned counsel, pursuant to Fed. R. Civ. P. 26(c)(1), hereby stipulate to the following provisions of this Court's Uniform Stipulated Protective Order. (See Order.) Signed by Magistrate Judge Tim A. Baker on 2/11/2021.(NAD)
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Filing 42
Joint MOTION for Protective Order , filed by Plaintiff KEIHIN NORTH AMERICA, INC.. (Attachments: #1 Exhibit 1- Uniform Stipulated Protective Order)(Betz, Tracy)
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Filing 41
ORDER granting Parties' #40 Joint Motion to Extend Case Management Deadlines. See Order for established deadlines. Signed by Magistrate Judge Tim A. Baker on 2/8/2021.(SWM)
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Filing 40
Joint MOTION for Extension of Time to 90 days in which to #23 Order: Case Management , filed by Plaintiff KEIHIN NORTH AMERICA, INC.. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Extend Case Management Deadlines)(Betz, Tracy)
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Filing 39
ORDER granting #38 Motion to Withdraw Attorney Appearance. Attorney Derrian A. Smith withdrawn. Signed by Magistrate Judge Tim A. Baker on 1/4/2021. (SWM)
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Filing 38
MOTION to Withdraw Attorney Appearance , filed by Counter Claimants XPO LOGISTICS, LLC, XPO LOGISTICS, LLC, Defendant XPO LOGISTICS, LLC. (Attachments: #1 Text of Proposed Order)(Smith, Derrian)
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Filing 37
ORDER ON DECEMBER 4, 2020, TELEPHONIC SETTLEMENT CONFERENCE - Parties appeared in person and by counsel December 4, 2020, for a telephonic settlement conference. The Court set this settlement conference at counsel's request. However, Defendant stated it was unable to fully evaluate the case for settlement purposes until Defendant received an anticipated expert witness report. Defendant stated that, with the benefit of that report, it might pursue private mediation. The Court agreed that, based upon the foregoing, counsel should not request another Court-supervised settlement conference unless and until private mediation fails. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 35
ORDER ON OCTOBER 15, 2020, TELEPHONIC STATUSCONFERENCE AND ORDER SETTING TELEPHONIC SETTLEMENT CONFERENCE AND RELATED DEADLINES - The parties appeared by counsel October 15, 2020, for a telephonic status conference. Discussion was held regarding discovery, settlement and related matters. This matter is set for a telephonic settlement conference at 9 a.m. (Eastern Time) on December 4, 2020. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 33
Witness List Preliminary, filed by Defendant XPO LOGISTICS, LLC, Exhibit List Preliminary, filed by Defendant XPO LOGISTICS, LLC. (Smith, Derrian)
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Filing 32
Witness List , filed by Plaintiff KEIHIN NORTH AMERICA, INC., Exhibit List (Preliminary), filed by Plaintiff KEIHIN NORTH AMERICA, INC.. (Betz, Tracy)
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Filing 31
ANSWER Plaintiff's Answer and Defenses to Defendant's Amended Counterclaims, filed by Counter Defendant KEIHIN NORTH AMERICA, INC.. (Betz, Tracy)
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Filing 30
Amended ANSWER to Complaint , Affirmative Defenses, and, COUNTERCLAIM against KEIHIN NORTH AMERICA, INC., filed by XPO LOGISTICS, LLC.(Strawbridge, Bryan)
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Filing 29
ORDER granting #27 Motion to Strike paragraphs 1-5 of the "Mutual Mistake of Fact" included in the #25 Answer to Complaint (Notice of Removal)Counterclaim. Signed by Magistrate Judge Tim A. Baker on 7/21/2020. (CBU)
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Filing 28
BRIEF/MEMORANDUM in Support re #27 MOTION to Strike #25 Answer to Complaint (Notice of Removal)Counterclaim an Affirmative Defense in Defendant's Answer , filed by Plaintiff KEIHIN NORTH AMERICA, INC.. (Betz, Tracy)
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Filing 27
MOTION to Strike #25 Answer to Complaint (Notice of Removal)Counterclaim an Affirmative Defense in Defendant's Answer, filed by Plaintiff KEIHIN NORTH AMERICA, INC.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Motion to Strike an Affirmative Defense in Defendant's Answer)(Betz, Tracy)
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Filing 26
ANSWER to #25 Answer to Complaint (Notice of Removal)Counterclaim and Defenses, filed by KEIHIN NORTH AMERICA, INC..(Betz, Tracy)
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Filing 25
XPO Logistics, LLC's ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against KEIHIN NORTH AMERICA, INC., filed by XPO LOGISTICS, LLC.(Strawbridge, Bryan)
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Filing 24
Jurisdictional Statement (Joint) by XPO LOGISTICS, LLC. (Strawbridge, Bryan)
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Filing 23
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 6/9/2020, for a Telephonic Initial Pretrial Conference. Dispositive Motions due by 5/7/2021. Discovery due by 3/6/2021. Status Conference set for 10/15/2020 11:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker on 6/10/2020.(SWM)
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Filing 21
CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff KEIHIN NORTH AMERICA, INC. . (Betz, Tracy)
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Filing 20
SCHEDULING ORDER: Initial Pretrial Conference set for 6/9/2020 11:00 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 details. Signed by Magistrate Judge Tim A. Baker on 5/21/2020.(SWM)
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Filing 19
ORDER granting Plaintiff's #9 Motion to Maintain Document Nummber 12 Under Seal. See Order for additional details. Signed by Magistrate Judge Tim A. Baker on 5/19/2020. (SWM)
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Filing 18
SEALED ***Confidential Not for Public*** State Court Record from Marion County Superior Court in case number 49D01-2004-PL-013482. (DWH) Modified on 5/14/2020 (DWH).
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Filing 17
Submission of State Court Record from Marion County Superior Court in case number 49D01-2004-PL-013482. (DWH)
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Filing 16
Corporate Disclosure Statement by KEIHIN NORTH AMERICA, INC. identifying Other Affiliate HONDA MOTOR CO., LTD., Other Affiliate Keihin Corporation, Other Affiliate AMERICAN HONDA MOTOR CO. for KEIHIN NORTH AMERICA, INC... (Betz, Tracy)
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Filing 15
TRIAL PROCEDURES AND PRACTICES before Judge James Patrick Hanlon. (DWH)
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Filing 14
NOTICE to File Corporate Disclosure Statement to KEIHIN NORTH AMERICA, INC. (RAS) (DWH)
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Filing 13
TRIAL PROCEDURES AND PRACTICES before Judge James Patrick Hanlon. (DWH)
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Filing 12
*** SEALED PER ORDER DATED 5/19/2020 (DKT. #19 ) *** SEALED Complaint for Damages and Declaratory Judgment, re #9 Motion to Seal Document/Maintain Document Under Seal, filed by Plaintiff KEIHIN NORTH AMERICA, INC.. (Attachments: #1 Exhibit A- September 25, 2017 Transportation Management Services Agreement)(Betz, Tracy) Modified on 5/20/2020 (SWM).
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Filing 11
NOTICE of Parties' First Extension of Time, filed by Defendant XPO LOGISTICS, LLC. (Strawbridge, Bryan)
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Filing 10
BRIEF/MEMORANDUM in Support re #9 MOTION to Maintain Document Under Seal #1 Notice of Removal , filed by Plaintiff KEIHIN NORTH AMERICA, INC.. (Betz, Tracy)
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Filing 9
MOTION to Maintain Document Under Seal #1 Notice of Removal , filed by Plaintiff KEIHIN NORTH AMERICA, INC.. (Attachments: #1 Exhibit Complaint- Public Version, #2 Exhibit A- September 25, 2017 Transportation Management Service Agreement- Public Version, #3 Text of Proposed Order Granting Plaintiff Keihin North America Inc.'s Unopposed Motion to Maintain Documents Under Seal)(Betz, Tracy)
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Filing 8
Corporate Disclosure Statement by XPO LOGISTICS, LLC. (Strawbridge, Bryan)
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Filing 7
NOTICE of Appearance by Tristan Carl Fretwell on behalf of Plaintiff KEIHIN NORTH AMERICA, INC.. (Fretwell, Tristan)
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Filing 6
NOTICE of Appearance by Tracy Nicole Betz on behalf of Plaintiff KEIHIN NORTH AMERICA, INC.. (Betz, Tracy)
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Filing 5
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH)
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Filing 4
NOTICE to File Corporate Disclosure Statement to XPO LOGISTICS, LLC. (LAB) (AKH)
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Filing 3
NOTICE of Appearance by Derrian A. Smith on behalf of Defendant XPO Logistics LLC. (Smith, Derrian)
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Filing 2
NOTICE of Appearance by Bryan S. Strawbridge on behalf of Defendant XPO Logistics LLC. (Strawbridge, Bryan)
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Filing 1
NOTICE OF REMOVAL from Marion Superior Court, case number 49D01-2004-PL-013482, filed by XPO Logistics LLC. (Filing fee $400, receipt number 0756-5986107) (Attachments: #1 State Court Record, #2 Exhibit Operative Complaint, #3 Exhibit Notice of Pending Motions, #4 Civil Cover Sheet)(Strawbridge, Bryan) Modified on 5/11/2020 (AKH).
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