Phoenix Process Equipment Co. v. Capital Equipment & Trading Corporation et al
Plaintiff: Phoenix Process Equipment Co.
Defendant: Capital Equipment & Trading Corporation, Capital Equipment & Trading Company, Capital Equipment & Technology Corporation, Coralina Engineering, LLC, Electrogorsk Metal Factory and Alexander Chudnovets
Case Number: 3:2016cv00024
Filed: January 11, 2016
Court: US District Court for the Western District of Kentucky
Office: Louisville Office
County: Jefferson
Presiding Judge: Dave Whalin
Presiding Judge: Joseph H. McKinley
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
September 30, 2022 Opinion or Order Filing 417 MEMORANDUM OPINION AND ORDER signed by Judge Claria Horn Boom on 9/30/22 : Defendants' Motion for Summary Judgment or in the Alternative to Dismiss for Misjoinder as to Phoenix's Claims Against Capital Equipment & Technology Corporation [R. 271 ] is GRANTED. Phoenix's claims against Technology Corp. are dismissed without prejudice. Phoenix's Motion for Partial Summary Judgment for Breach of Contract Against All Defendants [R. 264 ] is DENIED. Phoenix's Motion for Par tial Summary Judgment for Violations of the Kentucky Uniform Trade Secrets Act [R. 267 ] is DENIED. Defendants' Motion for Summary Judgment Against Phoenix's Trade Secret Claims [R. 276 ] is DENIED. Defendant Coralina Engineering, LLC an d Alexander Chudnovets' Motion for Summary Judgment for Lack of Personal Jurisdiction and on Breach of Contract and Alter Ego Claims [R. 278 ] is DENIED. Defendants' Objections [R. 306 ; R. 307 ; R. 318 ; R. 319 ] are OVERRULED to the extent outlined above. cc: Counsel(DJT)
September 2, 2022 Opinion or Order Filing 415 MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Regina S. Edwards on 9/2/22; granting in part and denying in part 258 Motion to Exclude: GRANTED IN PART in that Paragraph 73 of Mr. Lynns Report and Page 108, Line 9 - Page 109, Line 6 of Mr. Lynns deposition testimony are EXCLUDED; and (2) DENIED IN PART as to the remainder of Mr. Lynns Report and deposition testimony. cc: Counsel(DJT)
August 30, 2022 Opinion or Order Filing 413 MEMORANDUM OPINION AND ORDER signed by Judge Claria Horn Boom on 8/30/22: Plaintiff's Motion to Exclude Testimony of Yuliy Rubinstein [R. 261 ] is GRANTED in part and DENIED in part. The Motion is GRANTED to the extent it seeks to exclude Dr. Rubinstein's testimony on the competitiveness of the Russian economic market. The Motion is DENIED to the extent it seeks to exclude Dr. Rubinsteins testimony on reverse engineering Phoenixs BFPs and whether Phoenix BFPs are readily observable and readily known in the market. cc: Counsel (DJT)
August 15, 2022 Opinion or Order Filing 407 MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Regina S. Edwards on 8/15/22; granting in part 245 Motion for Protective Order: Phoenix has seven (7) days to file an appropriate proposed protective order for the Courts consideration and entry. cc: Counsel(DJT)
August 3, 2022 Opinion or Order Filing 396 ORDER ADOPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATION signed by Judge Claria Horn Boom on 8/3/22; adopting Report and Recommendations re 391 Report and Recommendations.; granting in part and denying in part 240 Motion for Sanctions; denying 255 Motion for Leave to File. cc: Counsel(DJT)
March 19, 2021 Opinion or Order Filing 207 MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Regina S. Edwards on 3/18/2021. Phoenix's Motion to Compel DN 182 is GRANTED IN PART and DENIED IN PART as outlined in Section III. Defendants' Motion to Compel DN 185 is GRANTED IN PART AND DENIED IN PART as outlined in Section IV. All Motions to Exceed Page Limitations, DNs 184 , 192 , 195 , 198 , and 200 , are GRANTED. All Motions to Seal Exhibits, DNs 181 , 183 , 191 , and 202 , are GRANTED. The Court will hold a telephonic conference on 4/2/2021 at 10:00 AM. The parties shall participate using the following dial-in information: 1-888-808-6929, Access Code: 2887606. cc: Counsel of Record(MNM) Modified on 3/19/2021 (MNM).
April 18, 2019 Opinion or Order Filing 131 MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 4/17/2019 denying 126 Motion for Reconsideration. Discovery due by 7/18/2019. Fact Discovery due by 10/16/2019. Expert Witness (Plaintiff) due by 10/16/2019. Expert Witness ( Defendant) due by 12/2/2019. Expert Discovery due by 1/31/2020. Dispositive/Daubert Motion due by 3/2/2020. Final Pretrial Conference set for 6/22/2020 at 11:00 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. Jury Trial set for 7/7/2020 at 9:30 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. cc: Counsel, Jury (MEJ)
March 19, 2019 Opinion or Order Filing 127 MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Regina S. Edwards on 3/18/19 granting in part and denying in part 119 Motion to Compel: Plaintiff's Motion to Compel (DN 119 ) is GRANTED IN PART and DENIED IN PART to the extent outlin ed above. Defendants shall supplement their responses to Plaintiffs' Third Amended Discovery Requests within thirty (30)days entry of this Order. The parties shall submit a joint status report within thirty (30) days entry of this Order to update the Court as to the parties compliance with this Memorandum Opinion and Order. cc: Counsel(DJT)
July 25, 2017 Opinion or Order Filing 84 MEMORANDUM OPINION AND ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 7/25/2017 granting 80 Motion for authorization of substituted service of process on Alexander Chudnovets. Phoenix is permitted to serve Chudnovets' Kentucky-based attorney, Byron E. Leet at Wyatt, Tarrant & Combs, LLP, by serving him at his business address and email address on file with this Court. cc: Counsel (JBM)
April 20, 2017 Opinion or Order Filing 75 MEMORANDUM OPINION AND ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 4/19/2017: The motion for reconsideration by Defendants Capital Equipment & Trading, Coralina Engineering, LLC, and Alexander Chudnovets 60 is GRANTED IN PART and DENIED IN PART. The motion for authorization of substituted service by Plaintiff Phoenix Process Equipment Co. 66 is GRANTED. cc: Counsel (JBM)
January 13, 2017 Opinion or Order Filing 57 MEMORANDUM OPINION & ORDER granting in part and denying in part 46 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 47 Motion to Dismiss for Lack of Jurisdiction; signed by Chief Judge Joseph H. McKinley, Jr. on 1/12/17: The motions to dismiss as to Counts III and IV are DENIED. The motions to dismiss as to Counts II and V are GRANTED. Further, service upon Coralina Engineering, LLC, is QUASHED. Phoenix has leave to effect service within 90 days upon Coralina Engineering, LLC. cc: Counsel(DJT)
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Plaintiff: Phoenix Process Equipment Co.
Represented By: Scott P. Zoppoth
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Defendant: Capital Equipment & Trading Corporation
Represented By: Mark C. Guthrie
Represented By: Byron E. Leet
Represented By: Sean G. Williamson
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Defendant: Capital Equipment & Trading Company
Represented By: Mark C. Guthrie
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Defendant: Capital Equipment & Technology Corporation
Represented By: Mark C. Guthrie
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Defendant: Coralina Engineering, LLC
Represented By: Byron E. Leet
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Defendant: Electrogorsk Metal Factory
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Defendant: Alexander Chudnovets
Represented By: Mark C. Guthrie
Represented By: Byron E. Leet
Represented By: Sean G. Williamson
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