Bonfiglioli USA, Inc. v. Midwest Engineered Components, Inc.
Plaintiff: Bonfiglioli USA, Inc.
Defendant: Midwest Engineered Components, Inc.
Case Number: 2:2023cv00014
Filed: January 27, 2023
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Danny C Reeves
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2023 Opinion or Order Filing 25 VIRTUAL ORDER: denying #22 Proposed Agreed Order on Defendant's Motion to Dismiss or Stay the Action by Midwest Engineered Components, Inc. The proposed order is improperly docketed as a motion. Signed by Judge Danny C. Reeves on 3/15/2023.(ECO)cc: COR
March 14, 2023 Opinion or Order Filing 24 "DUPLICATE" AFFIDAVIT in Support re #19 MOTION to Dismiss for failure to state a claim by Midwest Engineered Components, Inc. or ALTERNATIVELY TO STAY THE ACTION CORRECTED EXHIBIT 3 filed by Midwest Engineered Components, Inc.. (Attachments: #1 Exhibit EX 1: MEC'S MINNESOTA COMPLAINT, #2 Exhibit EX2: BONFIGLIOLI'S KENTUCKY FIRST AMENDED COMPLAINT CORRECTED, #3 Exhibit EX3: MINN. STAT. 325E.37, #4 Exhibit EX4: PARTIES' SALES REPRESENTATIVE AGREEMENT 4/1/20, #5 Exhibit EX5: DECISION CZ-USA v. TIMBER VALLEY ASSOCIATES, #6 Exhibit EX6: DECISION HEDDING SALES v. PNEU FAST COMPANY)(Taylor, D.) Modified on 3/15/2023 (ECO).
March 14, 2023 Opinion or Order Filing 23 "DUPLICATE" MEMORANDUM in Support of Motion re #19 MOTION to Dismiss for failure to state a claim by Midwest Engineered Components, Inc. or ALTERNATIVELY TO STAY THE ACTION CORRECTED MEMORANDUM filed by Midwest Engineered Components, Inc.. (Taylor, D.) Modified text on 3/15/2023 (ECO).
March 14, 2023 Opinion or Order NOTICE OF DOCKET MODIFICATION TO D. Clay Taylor re #21 Affidavit in Support of Motion; Error: attachments were insufficiently described as "Exhibit 1," "Exhibit 2, etc." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO)
March 13, 2023 Opinion or Order Filing 22 Proposed Agreed Order on Defendant's Motion to Dismiss or Stay the Action by Midwest Engineered Components, Inc.. (Taylor, D.)
March 13, 2023 Opinion or Order Filing 21 AFFIDAVIT in Support re #19 MOTION to Dismiss for failure to state a claim by Midwest Engineered Components, Inc. or ALTERNATIVELY TO STAY THE ACTION filed by Midwest Engineered Components, Inc.. (Attachments: #1 Exhibit 1-Minnesota District Court Documents, #2 Exhibit 2-Boone County Circuit Court Documents, #3 Exhibit 3-Minnesota Statutes 325E.37, #4 Exhibit 4-Sales Agreement, #5 Exhibit 5-CZ-USA, Inc v. Timber Valley Associates, Inc., #6 Exhibit 6-Hedding v. Pneu Fast Company (Taylor, D.) Modified text to better describe documents on 3/14/2023 (ECO).
March 13, 2023 Opinion or Order Filing 20 MEMORANDUM in Support of Motion re #19 MOTION to Dismiss for failure to state a claim by Midwest Engineered Components, Inc. or ALTERNATIVELY TO STAY THE ACTION filed by Midwest Engineered Components, Inc.. (Taylor, D.)
March 13, 2023 Opinion or Order Filing 19 MOTION to Dismiss for failure to state a claim by Midwest Engineered Components, Inc. or ALTERNATIVELY TO STAY THE ACTION (Taylor, D.) (Additional attachment(s) added on 3/14/2023: #1 Proposed Agreed Order) (ECO).
March 8, 2023 Opinion or Order Filing 18 ORDER FOR MEETING AND REPORT 1. Within 30 days, counsel for the parties are directed to conduct the meeting required by Rule 26(f) to discuss the possibilities for a prompt settlement or resolution of the case and to develop a proposed discovery plan. 2. At the time of the meeting, counsel must exchange the disclosures required by Rule 26(a)(1) and, in the future, must make supplemental disclosures when required by Rule 26(e). 3. No later than 10 days after the meeting, counsel are directed to file a written joint report outlining the proposed discovery plan. The parties should contemplate a trial date within 12 months or less. The report must include the following information: (a) the parties views and proposals as required by Rule 26(f); (b) the length of time counsel reasonably believe will be necessary to join other parties and to amend the pleadings; (c) the length of time counsel reasonably believe will be necessary to file motions; (d) the length of time counsel reasonably believe will be necessary to complete all pretrial discovery, including expert witness discovery; (e) the length of time counsel reasonably believe will be necessary to make the expert disclosures required by Rule 26(a)(2), with these disclosures to be made during the pretrial discovery phase of the case; (f) the probable length of trial and whether jury issues will be presented; (g) dates that are mutually convenient to assign this case for trial; (h) whether the parties desire a scheduling conference before entry of a scheduling order; and (i) whether the parties consent to the jurisdiction of a magistrate judge for all further proceedings, including trial, pursuant to 28 U.S.C. 636(c). Forms signed by the parties and counsel should be filed no later than the date the joint status report is due. If all parties consent, the Clerk of Court will re- assign this matter to an appropriate Magistrate Judge without the necessity of further orders of the Court. L.R. 73.1(c). Signed by Judge Danny C. Reeves on 3/8/2023. (Attachments: #1 Consent to Mag Judge)(ECO)cc: COR
March 3, 2023 Opinion or Order Filing 17 FRCP 7.1 DISCLOSURE STATEMENT by Bonfiglioli USA, Inc. identifying Corporate Parent Bonfiglioli SPA for Bonfiglioli USA, Inc... (Knappick, Justin)
March 1, 2023 Opinion or Order Filing 16 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Justin Knappick. #15 Amended Complaint has been filed by Bonfiglioli USA, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO)
February 28, 2023 Opinion or Order Filing 15 AMENDED COMPLAINT against Midwest Engineered Components, Inc., filed by Bonfiglioli USA, Inc.. (Attachments: #1 Exhibit Sales Representation Agreement)(Knappick, Justin)
February 22, 2023 Opinion or Order Filing 14 NOTICE TO ATTORNEY Jon V. Connor by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (ECO)
February 22, 2023 Opinion or Order Filing 13 VIRTUAL ORDER: denying #12 Proposed Agreed Order & Stipulation to Further Extend Time To Answer or Otherwise Respond by Midwest Engineered Components, Inc. The parties have failed to demonstrate good cause for the requested second extension. Signed by Judge Danny C. Reeves on 2/22/2023.(ECO)cc: COR
February 22, 2023 Opinion or Order Filing 12 Proposed Agreed Order & Stipulation to Further Extend Time To Answer or Otherwise Respond by Midwest Engineered Components, Inc.. (Attachments: #1 Proposed Order)(Taylor, D.)
February 10, 2023 Opinion or Order Filing 11 FRCP 7.1 DISCLOSURE STATEMENTDefendant by Midwest Engineered Components, Inc.. (Taylor, D.)
February 10, 2023 Opinion or Order Filing 10 ORDER: the parties' proposed agreed order, filed as a motion, for an extension of time #9 is GRANTED. The time within which the defendant may respond to the complaint is EXTENDED to on or before 2/28/2023. Signed by Judge Danny C. Reeves on 2/10/2023. (TJZ)cc: COR
February 10, 2023 Opinion or Order Filing 9 Proposed Agreed Order and Stipulation to Extend Time to Answer or Otherwise Respond to Complaint by Midwest Engineered Components, Inc.. (Attachments: #1 Proposed Order)(Taylor, D.)
February 6, 2023 Opinion or Order NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: Notice to Attorney. The deleted document was entered on 2/6/2023. Document deleted because Docketed in Error. *TJZ* cc: COR (ECO)
February 1, 2023 Opinion or Order Filing 8 ORDER: On January 27, 2023, the Court directed the defendant to show cause why this matter should not be dismissed for lack of subject matter jurisdiction #5 . Based on the defendants response and information regarding the amount in controversy contained in the underlying Complaint, it is hereby ORDERED that the show cause order is SET ASIDE. Signed by Judge Danny C. Reeves on 2/1/2023.(TDB)cc: COR and Jon V. Connor by US Mail
February 1, 2023 Opinion or Order NOTICE OF DOCKET MODIFICATION TO D. Clay Taylor re #7 Notice of Filing Removal: Error: attachments were insufficiently described as Exhibit 1, Exhibit 2. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TDB)
January 31, 2023 Opinion or Order Filing 7 NOTICE OF FILING REMOVAL by Midwest Engineered Components, Inc. AMENDED (Attachments: #1 Exhibit 1: Plaintiffs Summons and Complaint, #2 Exhibit 2: Business Record Details , #3 Exhibit 3: Bonfiglioli USA, Inc. General Information)(Taylor, D.) Modified exhibit descriptions on 2/1/2023 (TDB).
January 27, 2023 Opinion or Order Filing 6 ORDER: that the motion to appear pro hac vice [Record No. #3 ] is GRANTED. Signed by Judge Danny C. Reeves on 1/27/2023. (ECO)cc: COR and D. Clay Taylor by US Mail
January 27, 2023 Opinion or Order Filing 5 ORDER: the defendant is directed to SHOW CAUSE within 10 days why this matter should not be dismissed for lack of subject matter jurisdiction. Signed by Chief Judge Danny C. Reeves on 01/27/2023.(SLG)cc: COR, Jon V. Connor and D. Clay Taylor by US Mail
January 27, 2023 Opinion or Order Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, D. Clay Taylor. #1 Notice of Removal, has been filed by Midwest Engineered Components, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO)
January 27, 2023 Opinion or Order Filing 3 MOTION for D. Clay Taylor to Appear Pro Hac Vice by Midwest Engineered Components, Inc. (Attachments: #1 Proposed Order, #2 Pro Hac Filing Fee Receipt #200000434)(ECO)
January 27, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Boone Circuit Court, case number 23-CI-00042. ( Filing fee $402; receipt number 200000435), filed by Midwest Engineered Components, Inc.. (Attachments: #1 Exhibit 1-State Court Record, #2 Notice of Filing Notice of Removal Removal, #3 Fed Ex Envelope dated 1/24/2023, #4 Receipt Filing Fee)(ECO)
January 27, 2023 Opinion or Order Conflict Check run. (ECO)
January 27, 2023 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Danny C. Reeves for review: re #3 MOTION for D. Clay Taylor to Appear Pro Hac Vice by Midwest Engineered Components, Inc. (ECO)
January 27, 2023 Opinion or Order NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to D. Clay Taylor: re #6 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to D. Clay Taylor (ECO)

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Plaintiff: Bonfiglioli USA, Inc.
Represented By: Jon V. Connor
Represented By: Justin L. Knappick
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Defendant: Midwest Engineered Components, Inc.
Represented By: D. Clay Taylor
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