ORICA USA INC. v. SMITH et al
Plaintiff: ORICA USA INC.
Defendant: JULIANN SMITH, Elite Blasting Service, LLC, Quick Supply Co., SRDRB HOLDINGS, LLC, JULIAN SMITH, ELITE BLASTING SERVICES, LLC and QUICK NORTH CAROLINA, INC.
Case Number: 4:2021cv00122
Filed: August 2, 2021
Court: US District Court for the Southern District of Indiana
Presiding Judge: Debra McVicker Lynch
Referring Judge: Jane Magnus-Stinson
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2021 Opinion or Order Filing 39 ORDER granting #38 Motion for Protective Order. UNIFORM STIPULATED PROTECTIVE ORDER entered on 9/27/2021. Signed by Magistrate Judge Debra McVicker Lynch on 9/27/2021. (TMC)
September 24, 2021 Filing 38 Joint MOTION for Protective Order , filed by Plaintiff ORICA USA INC.. (Attachments: #1 Text of Proposed Order Uniform Stipulated Protective Order)(Ruetz, Shawna)
September 22, 2021 Filing 37 THIRD AMENDED COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF against QUICK NORTH CAROLINA, INC., QUICK SUPPLY CO., JULIAN SMITH, filed by ORICA USA INC.(TMC)
September 22, 2021 Opinion or Order Filing 36 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT #34 - That Plaintiff's Motion for Leave to File Third Amended Complaint is GRANTED. The Court directs the Clerk to docket the Third Amended Complaint at Dkt. 34-1. Signed by Magistrate Judge Debra McVicker Lynch on 9/22/2021. (TMC)
September 21, 2021 Filing 35 Submission of Proposed Order , re #34 MOTION for Leave to File Third Amended Complaint, filed by Plaintiff ORICA USA INC.. (Ottele, Christopher)
September 17, 2021 Filing 34 MOTION for Leave to File Third Amended Complaint, filed by Plaintiff ORICA USA INC.. (Attachments: #1 Exhibit 1 - Third Amended Complaint, #2 Exhibit 2 - Redline of Third Amended Complaint)(Ottele, Christopher)
September 13, 2021 Opinion or Order Filing 33 MARGINAL ENTRY - The court approves and orders this stipulated schedule. The motion at Dkt. #23 is denied as moot. Signed by Magistrate Judge Debra McVicker Lynch on 9/13/2021. (TMC)
September 10, 2021 Filing 32 STIPULATION Regarding Limited Expedited Discovery Schedule, filed by Plaintiff ORICA USA INC.. (Ottele, Christopher)
September 2, 2021 Opinion or Order Filing 31 Entry and Order from Status Conference - The parties, by counsel, appeared for a status conference on September 2, 2021, with the magistrate judge. Counsel shall confer and file, by September 10, 2021, their proposed schedule in resolution of the motion at Dkt. #23 . This case is set for a telephone status conference on October 20, 2021, at 10:00 a.m. (Eastern), with Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
September 1, 2021 Filing 30 NOTICE of Parties' First Extension of Time to File Responsive Pleadings, filed by Defendants QUICK SUPPLY CO., JULIAN SMITH, SRDRB HOLDINGS, LLC. (Given, David) Modified on 9/2/2021 to edit document title (TMC).
August 31, 2021 Opinion or Order Filing 29 Order Setting Status Conference - This case is set for a telephone status conference on September 2, 2021, at 2:30 p.m. (Eastern), before Magistrate Judge Debra McVicker Lynch. Counsel shall attend the conference by calling 888-363-4734, access code 5451691. Signed by Magistrate Judge Debra McVicker Lynch on 8/31/2021.(TMC)
August 27, 2021 Filing 28 Corporate Disclosure Statement by QUICK SUPPLY CO., JULIAN SMITH identifying Corporate Parent Hale Holdings, Inc. for QUICK SUPPLY CO... (Given, David)
August 27, 2021 Filing 27 NOTICE of Appearance by Susanne Amelia Johnson on behalf of Defendants QUICK SUPPLY CO., JULIAN SMITH. (Johnson, Susanne)
August 27, 2021 Filing 26 NOTICE of Appearance by David A. Given on behalf of Defendants QUICK SUPPLY CO., JULIAN SMITH. (Given, David)
August 25, 2021 Filing 25 AFFIDAVIT of Service on Elite Blasting Services, LLC by ORICA USA INC. SRDRB HOLDINGS, LLC formerly known as ELITE BLASTING SERVICES, LLC served on 8/20/2021 (Ottele, Christopher) Modified on 8/26/2021 to add date of service (TMC).
August 19, 2021 Opinion or Order Filing 24 ORDER granting #17 Motion to Appear pro hac vice. Shawna Ruetz is granted leave to appear pro hac vice on plaintiff in this matter. The court FURTHER ORDERS that Shawna Ruetz register as a user of the court's electronic case filing system by August 26, 2021. Failure to register could result in the revocation of her admission pro hac vice. Signed by Magistrate Judge Debra McVicker Lynch on 8/19/2021 (Copy mailed per distribution list). (TMC)
August 17, 2021 Filing 23 MOTION for Limited Expedited Discovery, filed by Plaintiff ORICA USA INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Ottele, Christopher)
August 17, 2021 Filing 22 AFFIDAVIT of Service on Quick Supply Co. by ORICA USA INC. QUICK SUPPLY CO. served on 8/14/2021 (Ottele, Christopher) Modified on 8/18/2021 to edit document title (TMC).
August 17, 2021 Filing 21 Submission of Signature Requirement re #17 MOTION for Attorney(s) Shawna Ruetz to Appear pro hac vice (Filing fee $100, receipt number 0756-6695946) by ORICA USA INC.. (Borkowski, John)
August 12, 2021 Opinion or Order Filing 20 ORDER granting #16 Motion to Appear pro hac vice. Christopher L. Ottele is granted leave to appear pro hac vice on plaintiff in this matter. The court FURTHER ORDERS that Christopher L. Ottele register as a user of the court's electronic case filing system by August 26, 2021. Failure to register could result in the revocation of his admission pro hac vice. Signed by Magistrate Judge Debra McVicker Lynch on 8/12/2021 (Copy mailed per distribution list). (TMC)
August 12, 2021 Filing 19 AFFIDAVIT of Service for Summons in a Civil Action; Second Amended Complaint for Injunctive and Other Relief served on Julian Smith on August 11, 2021, filed by ORICA USA INC.. (Borkowski, John)
August 12, 2021 Filing 18 Submission of Signature Requirement re #16 MOTION for Attorney(s) Christopher L. Ottele to Appear pro hac vice (Filing fee $100, receipt number 0756-6695916) by ORICA USA INC.. (Borkowski, John)
August 11, 2021 Filing 17 MOTION for Attorney(s) Shawna Ruetz to Appear pro hac vice (Filing fee $100, receipt number 0756-6695946), filed by Plaintiff ORICA USA INC.. (Attachments: #1 Affidavit Certification of Shawna Ruetz in Support of Motion for Pro Hac Vice Admission, #2 Text of Proposed Order)(Borkowski, John)
August 11, 2021 Filing 16 MOTION for Attorney(s) Christopher L. Ottele to Appear pro hac vice (Filing fee $100, receipt number 0756-6695916), filed by Plaintiff ORICA USA INC.. (Attachments: #1 Affidavit Certification of Christopher L. Ottele in Support of Motion for Pro Hac Vice Admission, #2 Text of Proposed Order)(Borkowski, John)
August 10, 2021 Filing 15 Summons (Alias - Amended) issued by Clerk as to QUICK SUPPLY CO., JULIAN SMITH, SRDRB HOLDINGS, LLC. (TMC)
August 9, 2021 Filing 14 Proposed Summons submitted for issuance by the clerk as to QUICK SUPPLY CO., JULIAN SMITH, SRDRB HOLDINGS, LLC. (Attachments: #1 Proposed Summons Quick Supply Co., #2 Proposed Summons SRDRB Holdings, LLC)(Borkowski, John)
August 5, 2021 Filing 13 AMENDED COMPLAINT (SECOND) against QUICK SUPPLY CO., JULIAN SMITH, SRDRB HOLDINGS, LLC, filed by ORICA USA INC.. (Attachments: #1 Exhibit A to Second Amended Complaint for Injunctive and Other Relief)(Borkowski, John)
August 4, 2021 Opinion or Order Filing 12 ORDER - The Court ORDERS Plaintiff to file a Second Amended Complaint by August 18, 2021, which addresses the issue outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction (See Order). Signed by Judge Jane Magnus-Stinson on 8/4/2021.(TMC)
August 3, 2021 Filing 11 AMENDED COMPLAINT against ELITE BLASTING SERVICES, LLC, QUICK SUPPLY CO., JULIAN SMITH, filed by ORICA USA INC.. (Attachments: #1 Exhibit A to Amended Complaint for Injunctive and Other Relief)(Borkowski, John)
August 3, 2021 Opinion or Order Filing 10 ORDER - The Court ORDERS Plaintiff to file an Amended Complaint by August 17, 2021, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Defendants need not answer or otherwise respond to the Complaint at which this Order is directed. Defendants are cautioned, however, that when they do respond to the Amended Complaint, and to the extent that they deny any of Plaintiff's jurisdictional allegations or state that they do not have sufficient information to respond to those allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward (See Order). Signed by Judge Jane Magnus-Stinson on 8/3/2021.(TMC)
August 3, 2021 Filing 9 NOTICE of Appearance by John W. Borkowski on behalf of Plaintiff ORICA USA INC.. (Borkowski, John)
August 3, 2021 Filing 8 CIVIL COVER SHEET , filed by Plaintiff ORICA USA INC.. (Borkowski, John)
August 3, 2021 Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TMC)
August 3, 2021 Filing 6 Summons Issued by Clerk as to ELITE BLASTING SERVICES, LLC, QUICK SUPPLY CO., JULIAN SMITH. (TMC)
August 2, 2021 Filing 5 Corporate Disclosure Statement by ORICA USA INC.. (Borkowski, John)
August 2, 2021 Filing 4 Proposed Summons submitted for issuance by the clerk as to Quick Supply Co.. (Borkowski, John)
August 2, 2021 Filing 3 Proposed Summons submitted for issuance by the clerk as to Elite Blasting Service, LLC. (Borkowski, John)
August 2, 2021 Filing 2 Proposed Summons submitted for issuance by the clerk as to JULIANN SMITH. (Borkowski, John)
August 2, 2021 Filing 1 COMPLAINT against ORICA USA INC., filed by ORICA USA INC.. (Filing fee $402, receipt number 0756-6682902) (Attachments: #1 Exhibit A to Complaint)(Borkowski, John)

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Plaintiff: ORICA USA INC.
Represented By: John W. Borkowski
Represented By: Christopher L. Ottele
Represented By: Shawna Ruetz
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Defendant: JULIANN SMITH
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Defendant: Elite Blasting Service, LLC
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Defendant: Quick Supply Co.
Represented By: David A. Given
Represented By: Susanne Amelia Johnson
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Defendant: SRDRB HOLDINGS, LLC
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Defendant: JULIAN SMITH
Represented By: David A. Given
Represented By: Susanne Amelia Johnson
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Defendant: ELITE BLASTING SERVICES, LLC
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Defendant: QUICK NORTH CAROLINA, INC.
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