Structures USA, LLC v. CHM Industries, Inc.
Plaintiff: Structures USA, LLC
Counter Claimant: CHM Industries, Inc.
Case Number: 3:2021cv00458
Filed: July 13, 2021
Court: US District Court for the Western District of Kentucky
Presiding Judge: Benjamin Beaton
Referring Judge: Lanny King
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2021 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Lanny King on 9/9/2021. Granting #11 Motion to Appear Pro Hac vice Karl Dix, Jr. cc: Counsel(KJA)
September 9, 2021 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Lanny King on 9/9/2021. Granting #10 Motion to Appear Pro Hac vice Lochlin B. Samples. cc: Counsel(KJA)
September 8, 2021 Opinion or Order Filing 15 ANSWER to #7 Counterclaim, by Structures USA, LLC. (Smith, Adam)
September 7, 2021 Opinion or Order Filing 14 TEXT ORDER: Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Lanny King for hearing and determining all pretrial matters, including non-dispositive motions. Judge King may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
September 1, 2021 Opinion or Order RESPONSE to Motion re #9 MOTION to Confirm Arbitration Award filed by Structures USA, LLC. )*NO PDF ATTACHED. This response was incorporated within Plaintiff's filing at DN #13 . This entry has been made for reporting purposes. Please see DN #13 for viewing.) (JM)
September 1, 2021 Opinion or Order Filing 13 REPLY to Response to Motion re #3 MOTION to Vacate; RESPONSE to Motion re #9 MOTION to Confirm Arbitration Award and Incorporated Memorandum of Law Combined Reply/Response in Opp. to #9 filed by Structures USA, LLC. (Attachments: #1 Affidavit Smith Decl., #2 Exhibit A - Mtn. to Dismiss, #3 Exhibit B - Order Denying Mtn. to Dismiss, #4 Exhibit C - 3/3/21 Letter, #5 Exhibit D - Contested Issues of Fact, #6 Exhibit E - Pre-hearing Brief, #7 Exhibit F - 2/26/20 Email 1, #8 Exhibit G - 2/26/20 Email 2, #9 Exhibit H - Depo. Trans. Excerpts) (Smith, Adam) Modified on 9/2/2021 to modify links (JM).
August 23, 2021 Opinion or Order Filing 12 Corporate Disclosure Statement by CHM Industries, Inc.. (Butler, James)
August 20, 2021 Opinion or Order Filing 11 MOTION for Karl Dix, Jr. to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3407373. by Defendant CHM Industries, Inc. (Butler, James) (Additional attachment(s) added on 8/24/2021: #1 Proposed Order) (JM). Modified on 9/9/2021 (MLG).
August 20, 2021 Opinion or Order Filing 10 MOTION for Lochlin B. Samples to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3407367. by Defendant CHM Industries, Inc. (Butler, James) (Additional attachment(s) added on 8/24/2021: #1 Proposed Order) (JM). Modified on 9/9/2021
August 19, 2021 Opinion or Order Filing 9 MOTION to Confirm Arbitration Award and Incorporated Memorandum of Law by Defendant CHM Industries, Inc. (Attachments: #1 Proposed Order Granting Motion to Confirm) (Butler, James)
August 18, 2021 Opinion or Order Filing 8 RESPONSE to Motion re #3 MOTION to Vacate filed by CHM Industries, Inc.. (Attachments: #1 Exhibit A - DiSimone Declaration, #2 Exhibit B - Ginsburg Declaration, #3 Exhibit C - Smook Deposition, #4 Exhibit D - MTD Smook Declaration, #5 Exhibit E - Declaration of Smook SDFL) (Butler, James)
August 18, 2021 Opinion or Order Filing 7 ANSWER to Complaint Affirmative Defenses, Answer, COUNTERCLAIM and Request to Confirm Arbitration Award against CHM Industries, Inc. by CHM Industries, Inc.. (Attachments: #1 Exhibit CHM Exhibit 1 - AAA Arbitration Award, #2 Exhibit CHM Exhibit 2 Purchase Order S9032, #3 Exhibit CHM Exhibit 3 - Purchase Order S9047) (Butler, James)
August 4, 2021 Opinion or Order Filing 6 SERVICE BY SECRETARY OF STATE as to CHM Industries, Inc. COMPLETED on 7/21/2021. Secretary of State return states 7/21/2021. (MNM)
July 14, 2021 Opinion or Order Filing 5 Summons Issued as to CHM Industries, Inc. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). Attested copy of complaint emailed to counsel. (MNM)
July 14, 2021 Opinion or Order Filing 4 Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (MNM)
July 13, 2021 Opinion or Order Filing 3 MOTION to Vacate Arbitration Award by Plaintiff Structures USA, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A-Declaration of Robert W. Smook, #3 Exhibit 1-Purchase Order S9032-19-S284-4, #4 Exhibit 2-Purchase Order S9047-19-S284-6, #5 Exhibit 3-Demand for Arbitration, #6 Exhibit 4-Final Award, #7 Proposed Order) (MNM)
July 13, 2021 Opinion or Order Filing 2 Corporate Disclosure Statement identifying Corporate Parent Structures US, LLC for Structures USA, LLC. (MNM)
July 13, 2021 Opinion or Order Filing 1 COMPLAINT against CHM Industries, Inc. Filing fee $402, receipt number 0644-3380802, filed by Structures USA, LLC. (Attachments: #1 Exhibit 1-Purchase Order S9032-19-S284-4, #2 Exhibit 2-Purchase Order S9047-19-S284-6, #3 Exhibit 3-CHM Terms and Conditions PO S9032, #4 Exhibit 4-CHM Terms and Conditions PO 29047, #5 Exhibit 5-Final Award, #6 Cover Sheet, #7 Summons Tendered) (MNM)

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Plaintiff: Structures USA, LLC
Represented By: Adam M. Smith
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Counter claimant: CHM Industries, Inc.
Represented By: Karl F. Dix, Jr.
Represented By: Lochlin B. Samples
Represented By: James F. Butler, III
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