ROLLS-ROYCE CORPORATION, et al v. GHAFARI ASSOCIATES, LLC
| AMERICAN GUARANTEE & LIABILITY INSURANCE COMPANY |
| ROLLS-ROYCE CORPORATION |
| Ghafari Associates, LLC |
| Pepper Construction Co. of Indiana, LLC, Miller-Eads Co., ALBERS MANAGEMENT AND DESIGN SERVICES, LLC, BMWC CONSTRUCTORS, Johnson Controls Building Automation Systems, LLC, Johnson Controls North America Products, LLC, JOHNSON CONTROLS FIRE PROTECTION LP, Johnson Controls Security Solutions, LLC, INC JOHNSON CONTROLS, INC FREITAG-WEINHARDT and Johnson Controls International plc |
| 1:2023cv01872 |
| October 18, 2023 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Crystal S Wildeman |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 71 Case transferred in from District of New York Southern; Case Number 1:22-cv-10681. Original file copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Indiana.(rro) [Transferred from New York Southern on 10/18/2023.] |
Filing 70
ORDER: In the light of the totality of the circumstances, IT IS HEREBY ORDERED that this case shall be transferred to the Southern District of Indiana. (Signed by Judge Mary Kay Vyskocil on 10/10/2023) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/18/2023.]
|
|
Filing 69
STIPULATION OF DISMISSAL WITHOUT PREJUDICE PURSUANT TO RULE 41(A): IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned attorneys of record for the parties to the above entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is, discontinued without prejudice against third-party defendant, JOHNSON CONTROLS INTERNATIONAL PLC only, pursuant to Rule 41(a) of the Federal Rules of Procedure, and without costs to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. Johnson Controls International plc terminated. GRANTED. Third-party Plaintiff's action against Third-Party Defendant Johnson Controls International plc only is dismissed, without prejudice. The Clerk of Court is respectfully requested to close Docket Entry No. 58. SO ORDERED. Motions terminated: 58 MOTION to Dismiss First Amended Third-Party Complaint. filed by Johnson Controls International plc. (Signed by Judge Mary Kay Vyskocil on 9/25/2023) (tg) [Transferred from New York Southern on 10/18/2023.]
|
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 68 Stipulation of Voluntary Dismissal,, was reviewed and referred to Judge Mary Kay Vyskocil for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (nd) [Transferred from New York Southern on 10/18/2023.] |
| Filing 68 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Johnson Controls International plc and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ghafari Associates, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Anthony Capasso. RE-FILE Document No. 66 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): The docket entry text needs to match the document. When re-filing select that the document is pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (Your document cites to Fed. R. Civ. P. 41(a)(1)(A)(ii)). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) [Transferred from New York Southern on 10/18/2023.] |
| Filing 67 PROPOSED CONSENT ORDER. Document filed by Ghafari Associates, LLC. (Attachments: # 1 Proposed Order Proposed Consent Stipulation and Order to Transfer Venue).(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 66 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Johnson Controls International plc and without costs. Document filed by Ghafari Associates, LLC. Proposed Order to be reviewed by Clerk's Office staff...(Capasso, Anthony) Modified on 9/22/2023 (km). [Transferred from New York Southern on 10/18/2023.] |
| Filing 65 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Freitag-Weinhardt, Inc.. Responses due by 10/5/2023 (Attachments: # 1 Exhibit Memorandum of Law, # 2 Exhibit Declaration of Matthew E. Kennedy, # 3 Exhibit A (First Amended Third-Party Complaint, # 4 Exhibit B-1 (Declaration of Scott Hermesch-Part 1), # 5 Exhibit B-2 (Declaration of Scott Hermesch-Part 2), # 6 Exhibit B-3 (Declaration of Scott Hermesch-Part 3), # 7 Exhibit B-4(Declaration of Scott Hermesch-Part 4), # 8 Exhibit B-5 (Declaration of Scott Hermesch-Part 5, # 9 Exhibit C (August 31, 2023 Scheduling Order), # 10 Proposed Order Proposed Order).(Kennedy, Matthew) [Transferred from New York Southern on 10/18/2023.] |
|
Filing 64
ORDER granting 61 Letter Motion to Seal. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/20/2023) (tg) [Transferred from New York Southern on 10/18/2023.]
|
| Filing 63 ***EX-PARTE***REDACTION to 61 LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from Matthew E. Kennedy dated September 20, 2023. by Freitag-Weinhardt, Inc. (Attachments: # 1 Exhibit Unredacted Subcontract Agreement Part 2, # 2 Exhibit Unredacted Subcontract Agreement Part 3, # 3 Exhibit Unredacted Subcontract Agreement Part 4, # 4 Exhibit Unredacted Subcontract Agreement Part 5)Motion or Order to File Under Seal: 61 .(Kennedy, Matthew) [Transferred from New York Southern on 10/18/2023.] |
| Filing 62 REDACTION to 61 LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from Matthew E. Kennedy dated September 20, 2023. by Freitag-Weinhardt, Inc. (Attachments: # 1 Exhibit Redacted Subcontract Agreement Part 2, # 2 Exhibit Redacted Subcontract Agreement Part 3, # 3 Exhibit Redacted Subcontract Agreement Part 4).(Kennedy, Matthew) [Transferred from New York Southern on 10/18/2023.] |
| Filing 61 LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from Matthew E. Kennedy dated September 20, 2023. Document filed by Freitag-Weinhardt, Inc...(Kennedy, Matthew) [Transferred from New York Southern on 10/18/2023.] |
| Filing 60 WAIVER OF SERVICE RETURNED EXECUTED. Albers Management and Design Services, LLC waiver sent on 8/30/2023, answer due 10/30/2023. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 59 WAIVER OF SERVICE RETURNED EXECUTED. Freitag-Weinhardt, Inc. waiver sent on 8/30/2023, answer due 10/30/2023. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 58 MOTION to Dismiss First Amended Third-Party Complaint. Document filed by Johnson Controls International plc. (Attachments: # 1 Supplement Memorandum of Law, # 2 Exhibit Declaration of Jodi Barrett, # 3 Proposed Order Proposed Order).(Barrett, Jodi) [Transferred from New York Southern on 10/18/2023.] |
| Filing 57 FIRST LETTER addressed to Judge Mary Kay Vyskocil from R. Brant Forrest dated September 7, 2023 re: Amending Third-Party Complaint. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
|
Filing 56
SCHEDULING ORDER denying 52 Letter Motion for Conference re: 52 LETTER MOTION for Conference re: 50 Order on Motion for Conference, addressed to Judge Mary Kay Vyskocil from Matthew E. Kennedy dated August 28, 2023. After reviewing the arguments set out in the parties' letters, the motion for a pre-motion conference is DENIED, and Freitag is GRANTED leave to file a motion to dismiss the First Amended Third-Party Complaint on the schedule set forth below. IT IS FURTHER ORDERED that on or before September 7, 2023, Third-Party Plaintiff must inform the Court via letter whether it intends to amend its First Amended Third-Party Complaint (ECF No. 53). This will be Third-Party Plaintiffs last opportunity to amend the First Amended Complaint in response to arguments raised in the parties' letters. IT IS FURTHER ORDERED that if the Third-Party Plaintiff does not amend its First Amended Complaint, Freitag must file its motion to dismiss on or before September 21, 2023. Further briefing shall be submitted on the schedule set forth in Local Rule 6.1(b). IT IS FURTHER ORDERED that if the Third-Party Plaintiff elects to amend its First Amended Complaint, the Second Amended Third-Party Complaint is due on or before September 15, 2023. Freitag must respond to any amended complaint within 14 days of its filing. In the event Freitag files a new motion to dismiss, the briefing for that motion will be on the schedule set forth in Local Rule 6.1(b). The clerk of Court is respectfully requested to terminate docket entry 52. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/31/23) (yv) [Transferred from New York Southern on 10/18/2023.]
|
| Set/Reset Deadlines: Amended Pleadings due by 9/15/2023. Motions due by 9/21/2023. (yv) [Transferred from New York Southern on 10/18/2023.] |
| Filing 55 LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Anthony D. Capasso, Esq. dated August 31, 2023 re: 52 LETTER MOTION for Conference re: 50 Order on Motion for Conference,,,,,, addressed to Judge Mary Kay Vyskocil from Matthew E. Kennedy dated August 28, 2023. . Document filed by Ghafari Associates, LLC. (Attachments: # 1 Exhibit Filed Amended Third Party Complaint, # 2 Exhibit Page from Rolls-Royce Discl reflecting Freitag involvment).(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 54 NOTICE of Court Scheduling Order. Document filed by Rolls-Royce Corporation..(Katalinic, Marc) [Transferred from New York Southern on 10/18/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony Daniel Capasso. The party information for the following party/parties has been modified: Johnson Controls Building Automation Systems, LLC, Johnson Controls Fire Protection, LP, Johnson Controls North America Products, LLC, Johnson Controls Security Solutions, LLC, Johnson Controls, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) [Transferred from New York Southern on 10/18/2023.] |
| Filing 53 FIRST AMENDED THIRD PARTY COMPLAINT amending 22 Third Party Complaint, against Albers Management and Design Services, LLC, BMWC Constructors, Freitag-Weinhardt, Inc., Johnson Controls Building Automation Systems, LLC, Johnson Controls Fire Protection, LP, Johnson Controls International plc, Johnson Controls North America Products, LLC, Johnson Controls Security Solutions, LLC, Johnson Controls, Inc., Miller-Eads Co., Pepper Construction Co. of Indiana, LLC.Document filed by Ghafari Associates, LLC. Related document: 22 Third Party Complaint,. (Attachments: # 1 Exhibit Original Complaint w. its exhibits).(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 52 LETTER MOTION for Conference re: 50 Order on Motion for Conference,,,,,, addressed to Judge Mary Kay Vyskocil from Matthew E. Kennedy dated August 28, 2023. Document filed by Freitag-Weinhardt, Inc...(Kennedy, Matthew) [Transferred from New York Southern on 10/18/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Anthony Daniel Capasso to RE-FILE Document No. 51 Amended Third Party Complaint,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; party/parties are listed as one party name on the PDF case caption (Albers Management and Design Services LLC Johnson Controls International, Plc). If two separate parties, separate by comma; the wrong party/parties whom the pleading is against were selected; party BMWC Constructors is not listed on the PDF case caption and must either not be selected as a party whom the pleading is against, or, must be added to the PDF case caption. Re-file the pleading using the event type Amended Third Party Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) [Transferred from New York Southern on 10/18/2023.] |
| Filing 51 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED THIRD PARTY COMPLAINT amending 22 Third Party Complaint, against Albers Management and Design Services, LLC, BMWC Constructors, Freitag-Weinhardt, Inc., Johnson Controls Building Automation Systems, LLC, Johnson Controls Fire Protection, LP, Johnson Controls International plc, Johnson Controls North America Products, LLC, Johnson Controls Security Solutions, LLC, Johnson Controls, Inc., Miller-Eads Co., Pepper Construction Co. of Indiana, LLC.Document filed by Ghafari Associates, LLC. Related document: 22 Third Party Complaint,. (Attachments: # 1 Exhibit Original Complaint w. its exhibits).(Capasso, Anthony) Modified on 8/28/2023 (jgo). [Transferred from New York Southern on 10/18/2023.] |
|
Filing 50
SCHEDULING ORDER denying 42 Motion for Conference re: 42 LETTER MOTION for Conference (Pre-Motion Conference Request) addressed to Judge Mary Kay Vyskocil from Feyilana Lawoyin dated August 21, 2023. After reviewing the arguments set out in the parties' submissions, the motion for a pre- motion conference is DENIED, and defendant is GRANTED leave to file a motion to dismiss on the schedule set forth below. IT IS FURTHER ORDERED that on or before September 1, 2023, Plaintiff must inform the Court via letter whether it intends to amend its complaint. This will be Plaintiff's last opportunity to amend the complaint in response to arguments raised in the parties' letters. IT IS FURTHER ORDERED that if the Plaintiff does not amend its complaint, Defendant must file its motion to dismiss on or before September 15, 2023. Further briefing shall be submitted on the schedule set forth in Local Rule 6.1(b). IT IS FURTHER ORDERED that if the Plaintiff elects to amend its complaint, the amended complaint is due on or before September 7, 2023. Defendant must respond to any amended complaint within 14 days of its filing. In the event Defendant files a new motion to dismiss, the briefing for that motion will be on the schedule set forth in Local Rule 6.1(b). Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. The clerk of Court is respectfully requested to terminate docket entry 42. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/25/2023) (tg) [Transferred from New York Southern on 10/18/2023.]
|
| Filing 49 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wilhelm Construction, Inc., Other Affiliate F.A. Wilhelm Construction Co., Inc., Other Affiliate Poynter Sheet Metal, Inc. for Freitag-Weinhardt, Inc.. Document filed by Freitag-Weinhardt, Inc...(Kennedy, Matthew) [Transferred from New York Southern on 10/18/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Anthony Daniel Capasso to RE-FILE Document No. 47 Amended Third Party Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Amended Third Party Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) [Transferred from New York Southern on 10/18/2023.] |
| Set/Reset Deadlines: Amended Pleadings due by 9/7/2023. Motions due by 9/15/2023. (tg) [Transferred from New York Southern on 10/18/2023.] |
| Filing 48 LETTER RESPONSE in Opposition to Motion addressed to Judge Mary Kay Vyskocil from Anthony D. Capasso, Esq. dated August 24, 2023 re: 42 LETTER MOTION for Conference (Pre-Motion Conference Request) addressed to Judge Mary Kay Vyskocil from Feyilana Lawoyin dated August 21, 2023. . Document filed by Ghafari Associates, LLC. (Attachments: # 1 Exhibit First Amended Third Party Complaint as efiled, # 2 Exhibit Page from Rolls-Royce Discl reflecting Johnson Controls entity involvment).(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 47 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED THIRD PARTY COMPLAINT amending 22 Third Party Complaint, against All Defendants.Document filed by Ghafari Associates, LLC. Related document: 22 Third Party Complaint,. (Attachments: # 1 Exhibit Original Complaint w. its exhibits).(Capasso, Anthony) Modified on 8/25/2023 (jgo). [Transferred from New York Southern on 10/18/2023.] |
| Filing 46 NOTICE OF APPEARANCE by Jodi E Barrett on behalf of Johnson Controls International plc..(Barrett, Jodi) [Transferred from New York Southern on 10/18/2023.] |
|
Filing 45
ORDER granting 44 Letter Motion for Extension of Time to Answer re 44 LETTER MOTION for Extension of Time to File Answer addressed to Judge Mary Kay Vyskocil from Matthew E. Kennedy dated August 22, 2023., 22 Third Party Complaint,. The request for extension of time to answer or otherwise respond to the Third-Party Complaint by September 12, 2023 is GRANTED. The request to join in the Revised Case Management Plan and Scheduling Order (ECF No. 38-1) is GRANTED. The Clerk of Court is respectfully requested to close the motion pending at ECF No. 44. SO ORDERED. Freitag-Weinhardt, Inc. answer due 9/12/2023. (Signed by Judge Mary Kay Vyskocil on 8/23/2023) (tg) [Transferred from New York Southern on 10/18/2023.]
|
| Filing 44 LETTER MOTION for Extension of Time to File Answer addressed to Judge Mary Kay Vyskocil from Matthew E. Kennedy dated August 22, 2023. Document filed by Freitag-Weinhardt, Inc...(Kennedy, Matthew) [Transferred from New York Southern on 10/18/2023.] |
| Filing 43 NOTICE OF APPEARANCE by Matthew E. Kennedy on behalf of Freitag-Weinhardt, Inc...(Kennedy, Matthew) [Transferred from New York Southern on 10/18/2023.] |
| Filing 42 LETTER MOTION for Conference (Pre-Motion Conference Request) addressed to Judge Mary Kay Vyskocil from Feyilana Lawoyin dated August 21, 2023. Document filed by Johnson Controls International plc..(Lawoyin, Feyilana) [Transferred from New York Southern on 10/18/2023.] |
| Filing 41 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Johnson Controls International plc..(Lawoyin, Feyilana) [Transferred from New York Southern on 10/18/2023.] |
| Filing 40 NOTICE OF APPEARANCE by Feyilana Lawoyin on behalf of Johnson Controls International plc..(Lawoyin, Feyilana) [Transferred from New York Southern on 10/18/2023.] |
|
Filing 39
ORDER granting 37 Letter Motion for Extension of Time; granting 38 Letter Motion for Extension of Time. GRANTED. The Clerk of Court respectfully is requested to close the motions pending at ECF Nos. 37 and 38. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/16/2023) (tg) [Transferred from New York Southern on 10/18/2023.]
|
| Filing 38 AMENDED LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Ariel M. Fox, Esq. dated 08/16/2023. Document filed by Albers Management and Design Services, LLC. (Attachments: # 1 Exhibit A - Proposed Civil Case Management Plan and Scheduling Order).(Fox, Ariel) [Transferred from New York Southern on 10/18/2023.] |
| Filing 37 LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Ariel M. Fox, Esq. dated 08/16/2023. Document filed by Albers Management and Design Services, LLC. (Attachments: # 1 Exhibit A - Proposed Civil Case Management Plan and Scheduling Order).(Fox, Ariel) [Transferred from New York Southern on 10/18/2023.] |
| Filing 36 NOTICE OF APPEARANCE by Ariel Mestel Fox on behalf of Albers Management and Design Services, LLC..(Fox, Ariel) [Transferred from New York Southern on 10/18/2023.] |
| Set/Reset Deadlines: Albers Management and Design Services, LLC answer due 9/11/2023. (tg) [Transferred from New York Southern on 10/18/2023.] |
| Filing 35 ELECTRONIC SUMMONS ISSUED as to Miller-Eads Co...(jgo) [Transferred from New York Southern on 10/18/2023.] |
| Filing 34 REQUEST FOR ISSUANCE OF SUMMONS as to Miller-Eads Co., re: 22 Third Party Complaint,. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 33 ELECTRONIC SUMMONS ISSUED as to Freitag-Weinhardt, Inc...(pc) [Transferred from New York Southern on 10/18/2023.] |
| Filing 32 ELECTRONIC SUMMONS ISSUED as to Johnson Controls International plc..(pc) [Transferred from New York Southern on 10/18/2023.] |
| Filing 31 ELECTRONIC SUMMONS ISSUED as to Pepper Construction Co. of Indiana, LLC..(pc) [Transferred from New York Southern on 10/18/2023.] |
| Filing 30 ELECTRONIC SUMMONS ISSUED as to BMWC Constructors..(pc) [Transferred from New York Southern on 10/18/2023.] |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to Albers Management and Design Services, LLC..(pc) [Transferred from New York Southern on 10/18/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Anthony Daniel Capasso to RE-FILE Document No. 24 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on docket entry does not exactly match third party complaint caption title. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) [Transferred from New York Southern on 10/18/2023.] |
| Filing 28 REQUEST FOR ISSUANCE OF SUMMONS as to Albers Management and Design Services, LLC, re: 22 Third Party Complaint,,. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to BMWC Constructors, re: 22 Third Party Complaint,,. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Freitag-Weinhardt, Inc., re: 22 Third Party Complaint,,. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to Johnson Controls International PLC, re: 22 Third Party Complaint,,. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 24 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST 'AS TO' - REQUEST FOR ISSUANCE OF SUMMONS as to Miller-Eads Company, re: 22 Third Party Complaint,,. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) Modified on 7/18/2023 (pc). [Transferred from New York Southern on 10/18/2023.] |
| Filing 23 REQUEST FOR ISSUANCE OF SUMMONS as to Pepper Construction Co. of Indiana, LLC, re: 22 Third Party Complaint,,. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony Daniel Capasso. The party information for the following party/parties has been modified: Miller-Eads Company, Albers Management and Design Sercices, LLC, Pepper Construction Company,. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) [Transferred from New York Southern on 10/18/2023.] |
| Filing 22 THIRD PARTY COMPLAINT against Pepper Construction Company, Freitag-Weinhardt, Inc., Miller-Eads Company, Albers Management and Design Sercices, LLC, BMWC Constructors, Johnson Controls International plc.Document filed by Ghafari Associates, LLC. (Attachments: # 1 Exhibit Original Complaint w. its exhibits, # 2 Exhibit Order granting leave to file Third-Party Complaint).(Capasso, Anthony) Modified on 7/12/2023 (pc). Modified on 7/18/2023 (pc). [Transferred from New York Southern on 10/18/2023.] |
|
Filing 21
ORDER GRANTING LEAVE TO FILE THIRD-PARTY COMPLAINT granting 20 Motion to Add. THIS MATTER having been opened to the court by Motion for Leave to file a Third-Party Complaint brought by Defendant Ghafari Associates, LLC, and upon consideration of the moving papers, which are unopposed, it is hereby ORDERED that the Motion is Granted. Defendant shall file its Third-Party Complaint by July 17, 2023. (Signed by Judge Mary Kay Vyskocil on 7/10/2023) (tg) [Transferred from New York Southern on 10/18/2023.]
|
| Set/Reset Deadlines: Amended Pleadings due by 7/17/2023. (tg) [Transferred from New York Southern on 10/18/2023.] |
| Filing 20 MOTION to Add Party(ies) Pepper Construction Company, Freitag-Weinhardt, Inc., Milled-Eads Company, Johnson Controls International PLC, Albers Management and Design Services, LLC and BMWC Constructors. . Document filed by Ghafari Associates, LLC. (Attachments: # 1 Affidavit Memorandum of Law, # 2 Exhibit Exhibit A Proposed Complaint w. Exhibit, # 3 Exhibit Exhibit B, # 4 Supplement Declaration in Support of Motion, # 5 Text of Proposed Order Proposed Order, # 6 Supplement Letter of unavoidable delay).(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
|
Filing 19
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. The parties may agree to any interim deadlines so long as all fact discovery is complete by September 10, 2023, absent further order of the Court. The parties have discussed settlement and the use of alternate dispute resolution. The Parties shall advise the Court if, following preliminary exchanges of information, they believe it would be useful for the Court to refer the parties to mediation. The Parties have been advised that their estimated length of trial is unreasonably long and that they must plan accordingly. Deposition due by 11/22/2023. Fact Discovery due by 9/10/2023. Expert Discovery due by 12/31/2023. Estimate length of trial 10 days. Status Conference set for 11/8/2023 at 10:30 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 5/10/2023) (tg) [Transferred from New York Southern on 10/18/2023.]
|
| Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Initial Pretrial Conference held on 5/10/2023. (rz) [Transferred from New York Southern on 10/18/2023.] |
| Filing 18 PROPOSED CASE MANAGEMENT PLAN. Document filed by American Guarantee & Liability Insurance Company..(Katalinic, Marc) [Transferred from New York Southern on 10/18/2023.] |
| Filing 17 PROPOSED CASE MANAGEMENT PLAN. Document filed by American Guarantee & Liability Insurance Company..(Katalinic, Marc) [Transferred from New York Southern on 10/18/2023.] |
|
Filing 16
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held via Microsoft Teams. The parties should dial (646) 453-4442 and use Conference ID: 995 050 705#. As further set forth by this Order. SO ORDERED. Initial Conference set for 5/10/2023 at 03:30 PM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 4/5/2023) (tg) [Transferred from New York Southern on 10/18/2023.]
|
| Filing 15 ANSWER to 11 Counterclaim. Document filed by Rolls-Royce Corporation..(Katalinic, Marc) [Transferred from New York Southern on 10/18/2023.] |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ghafari, Inc., Corporate Parent Ghafari Management, L.L.C. for Ghafari Associates, LLC, Ghafari Associates, LLC. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Rolls-Royce Corporation..(Katalinic, Marc) [Transferred from New York Southern on 10/18/2023.] |
|
Filing 12
ORDER granting 10 Motion for Marc F Katalinic to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) [Transferred from New York Southern on 10/18/2023.]
|
| Filing 11 ANSWER to 1 Complaint,., COUNTERCLAIM against Rolls-Royce Corporation. Document filed by Ghafari Associates, LLC..(Capasso, Anthony) [Transferred from New York Southern on 10/18/2023.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Marc F. Katalinic to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 10/18/2023.] |
| Filing 10 MOTION for Marc F. Katalinic to Appear Pro Hac Vice CNYSDC-27382256. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Guarantee & Liability Insurance Company. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order).(Katalinic, Marc) Modified on 2/24/2023 (vba). [Transferred from New York Southern on 10/18/2023.] |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Zurich American Insurance Company, Corporate Parent Zurich Insurance Company, ltd., Corporate Parent Zurich Insurance Group, ltd., Corporate Parent Zurich Holding Company of America, Inc. for American Guarantee & Liability Insurance Company. Document filed by American Guarantee & Liability Insurance Company..(Canter, Nelson) [Transferred from New York Southern on 10/18/2023.] |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Rolls-Royce North America Holdings, Inc., Corporate Parent Rolls-Royce, plc. for Rolls-Royce Corporation. Document filed by Rolls-Royce Corporation..(Canter, Nelson) [Transferred from New York Southern on 10/18/2023.] |
| Filing 7 CIVIL COVER SHEET filed..(Canter, Nelson) [Transferred from New York Southern on 10/18/2023.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Ghafari Associates, LLC. (vf) [Transferred from New York Southern on 10/18/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nelson E Canter. The party information for the following party/parties has been modified: American Guarantee & Liability Insurance Company. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (vf) [Transferred from New York Southern on 10/18/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Nelson E Canter to RE-FILE Document No. 5 Rule 7.1 Corporate Disclosure Statement and 4 Rule 7.1 Corporate Disclosure Statement,,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) [Transferred from New York Southern on 10/18/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Nelson E Canter to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) [Transferred from New York Southern on 10/18/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nelson E Canter. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) [Transferred from New York Southern on 10/18/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) [Transferred from New York Southern on 10/18/2023.] |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) [Transferred from New York Southern on 10/18/2023.] |
| Case Designated ECF. (vf) [Transferred from New York Southern on 10/18/2023.] |
| Filing 5 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Rolls-Royce PLC, Corporate Parent Rolls-Royce North America Holdings, Inc. for Rolls-Royce Corporation. Document filed by Rolls-Royce Corporation..(Canter, Nelson) Modified on 12/20/2022 (lb). [Transferred from New York Southern on 10/18/2023.] |
| Filing 4 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Zurich Insurance Company, Ltd., Corporate Parent Zurich American Insurance Company, Corporate Parent Zurich Insurance Group, Ltd., a Swiss corporation, Corporate Parent Zurich Holding Company of America, Inc. for American Guarantee & Liability Insurance Company. Document filed by American Guarantee & Liability Insurance Company..(Canter, Nelson) Modified on 12/20/2022 (lb). [Transferred from New York Southern on 10/18/2023.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Ghafari Associates, LLC, re: 1 Complaint,. Document filed by American Guarantee & Liability Insurance Company, Rolls-Royce Corporation..(Canter, Nelson) [Transferred from New York Southern on 10/18/2023.] |
| Filing 2 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed.(Canter, Nelson) Modified on 12/20/2022 (vf). [Transferred from New York Southern on 10/18/2023.] |
| Filing 1 COMPLAINT against Ghafari Associates, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27106787)Document filed by Rolls-Royce Corporation, American Guarantee & Liability Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Canter, Nelson) [Transferred from New York Southern on 10/18/2023.] |
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 Indiana Southern 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.
