HYDRO-GEAR, L.P. v. METAL POWDER PRODUCTS, LLC
| HYDRO-GEAR, L.P. |
| Metal Power Products, LLC and METAL POWDER PRODUCTS, LLC |
| 1:2023cv02098 |
| November 20, 2023 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 16 CLOSED DISMISSED/MARGINAL ENTRY - Dismissal without prejudice acknowledged #15 . All pending motions denied as moot #4 & #6 and all hearings are vacated. Signed by Judge Jane Magnus-Stinson on 11/22/2023. (JSR) |
| Filing 15 NOTICE of Voluntary Dismissal, filed by Plaintiff HYDRO-GEAR, L.P.. (England, Brian) |
| Filing 14 NOTICE of Proof of Service of Scheduling Order, filed by Plaintiff HYDRO-GEAR, L.P., re #13 Scheduling Order. (Attachments: #1 Exhibit Exhibit A - Proof of Service) (England, Brian) |
Filing 13
SCHEDULING ORDER TELEPHONIC PRETRIAL CONFERENCE - A Telephonic Pretrial Conference is set for 11/22/2023 at 11:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. The parties and counsel shall attend the status conference by calling 877-336-1839, Access Code 4951264, Security Code 232098. The purpose of the conference is to discuss Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction and/or a Writ of Attachment. [Dkt. #4 .] The chief executive officer of Hydro-Gear, L.P. shall appear in person by telephone, along with counsel for Plaintiff. The chief executive officer of Metal Powder Products, LLC shall also appear in person by telephone, and if represented, by counsel for Defendant. Counsel for Plaintiff is ordered to electronically serve a copy of this Scheduling Order on Defendant and to file proof of such service by no later than 5:00 p.m. (Eastern) on November 21, 2023. Signed by Magistrate Judge Mark J. Dinsmore on 11/21/2023. (JSR)
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Filing 12
ORDER - Hydro-Gear, L.P. ("Hydro-Gear"), has sued Metal Powder Products, LLC ("Metal Powder"), filing a Complaint, [Filing No. #1 ], and a Motion for Temporary Restraining Order, [Filing No. #4 ]. Hydro-Gear alleges that this Court has diversity jurisdiction. The Court notes the following issues with the jurisdictional allegations in Hydro-Gear's Complaint: (SEE ORDER.) The Court cannot take any action on this case unless it has jurisdiction. Hydro-Gear is ORDERED to file an Amended Complaint and corrected proposed Summons that reflects the proper spelling of Defendant's name by November 22, 2023 at noon. The Court also DIRECTS the Clerk to change Defendant's name from "Metal Power Products, LLC" to "Metal Powder Products, LLC" in CM/ECF. Counsel is cautioned to pay sufficient attention to filing details going forward, in order to ensure accuracy, avoid confusion, and conserve judicial resources. (SEE ORDER.) Signed by Judge Jane Magnus-Stinson on 11/21/2023. (JSR)
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| Filing 11 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (JSR) |
| Filing 10 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 9 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (JSR) |
| Filing 8 NOTICE of Appearance by Brian W. Ledebuhr on behalf of Plaintiff HYDRO-GEAR, L.P.. (Ledebuhr, Brian) |
| Filing 7 Submission of Proposed Order , re #6 Emergency MOTION for Emergency Hearing for Temporary Restraining Order and Preliminary Injunction, filed by Plaintiff HYDRO-GEAR, L.P.. (England, Brian) |
| Filing 6 Emergency MOTION for Emergency Hearing for Temporary Restraining Order and Preliminary Injunction, filed by Plaintiff HYDRO-GEAR, L.P.. (England, Brian) |
| Filing 5 BRIEF/MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order and Preliminary Injunction , filed by Plaintiff HYDRO-GEAR, L.P.. (Attachments: #1 Affidavit Affidavit of M. Todd, #2 Exhibit Exhibit A to Affidavit of M. Todd, #3 Exhibit Exhibit B to Affidavit of M. Todd, #4 Exhibit Exhibit C to Affidavit of M. Todd, #5 Exhibit Exhibit D to Affidavit of M. Todd, #6 Exhibit Exhibit E to Affidavit of M. Todd, #7 Exhibit Exhibit F to Affidavit of M. Todd)(England, Brian) |
| Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunction, filed by Plaintiff HYDRO-GEAR, L.P. (England, Brian) Modified on 11/21/2023 - Updated event type (JSR). |
| Filing 3 Rule 7.1 Disclosure Statement by HYDRO-GEAR, L.P. (England, Brian) Modified on 11/21/2023 - Updated dkt text (JSR). |
| Filing 2 NOTICE of Appearance by Brian L England on behalf of Plaintiff HYDRO-GEAR, L.P.. (England, Brian) |
| Filing 1 COMPLAINT against METAL POWDER PRODUCTS, LLC , filed by HYDRO-GEAR, L.P.. (Filing fee $402, receipt number AINSDC-7910210) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Civil Cover Sheet, #8 Proposed Summons)(England, Brian) Modified on 11/22/2023 - Updated dkt text (JSR). |
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