American Hyperion Solar, LLC v. Inxeption Corporation
| American Hyperion Solar, LLC |
| Inxeption Corporation |
| Runergy PV Technology (Thailand) Co., Ltd |
| 3:2023cv00377 |
| July 25, 2023 |
| US District Court for the Western District of Kentucky |
| Greg N Stivers |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Conversion |
| Defendant |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Stay by Plaintiff American Hyperion Solar, LLC, Counter Defendant American Hyperion Solar, LLC (Attachments: #1 Exhibit A - JAMS Streamlined Rules, #2 Proposed Order) (Pieczonka, Nicholas) |
Filing 38
TEXT ORDER signed by Chief Judge Greg N. Stivers on 9/6/2023 granting #34 Proposed Agreed Order. Pursuant to Local Rule 7.1, and by agreement of the Parties, the Plaintiff/Counterclaim Defendant American Hyperion Solar, LLC (Hyperion) and the Third Party Defendant Runergy PV Technology (Thailand) Co., Ltd. (Runergy Thai) shall have up to and including September 12, 2023, to file an Answer or responsive pleading to the claims asserted by Inxeption Corporation in this matter. This agreed order shall not be deemed to waive any Federal Rule of Civil Procedure Rule 12 defenses, including the sufficiency of process on Runergy Thai. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD)
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| Filing 37 NOTICE of Appearance by Anne Marie McClellan on behalf of Runergy PV Technology (Thailand) Co., Ltd (McClellan, Anne) |
| Filing 36 NOTICE of Appearance by Russell S. Sayre on behalf of Runergy PV Technology (Thailand) Co., Ltd (Sayre, Russell) |
| Filing 35 NOTICE of Appearance by Nicholas J. Pieczonka on behalf of Runergy PV Technology (Thailand) Co., Ltd (Pieczonka, Nicholas) |
| Filing 34 Proposed Agreed Order Extending Time to Answer or Otherwise Plead by American Hyperion Solar, LLC, Runergy PV Technology (Thailand) Co., Ltd. (Pieczonka, Nicholas) |
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Filing 33
ORDER by Chief Judge Greg N. Stivers for motion hearing held 8/15/2023. The pending Motion for a Temporary Restraining Order and Preliminary Injunction (DN #3 ) and Defendant/Counterclaim Plaintiff's Motion for Preliminary Injunctive Relief (DN #24 ) are denied as moot. (Court Reporter ECRO-DeAnna Whitney.) cc:counsel (JWM)
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| Filing 32 EXHIBIT INVENTORY by ECRO-DeAnna Whitney for TRO and Preliminary Injunction Hearing held 8/15/2023. (JWM) |
| Filing 31 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Inxeption Corporation. (Theuerkauf, Robert) |
| Filing 30 REPLY to Response to Motion re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by American Hyperion Solar, LLC. (Attachments: #1 Exhibit 1 - Inxeption business community terms, #2 Exhibit 2 - Arbitration response, #3 Exhibit 3 - 8/31/2022 example logistics offering proposal, #4 Exhibit 4 - 11/10/2022 example logistics offering proposal, #5 Exhibit 5 - 6/6/2023 email string) (Pieczonka, Nicholas) |
| Filing 29 NOTICE of Deficiency to Robert J. Theuerkauf, Dennis D. Murrell, and Matthew P. Dearmond, Cousnel for Inxeption Corporation. Reason for Deficiency: Missing Rule 7.1(a)(2) disclosure statement. Failure to comply will be brought to the attention of the Court. Response due by 8/21/2023. (TJD) |
| Filing 28 ATTORNEY NOTICE of Deficiency to Russell S. Sayre re #16 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 8/31/2023. (KJA) |
| Filing 27 ATTORNEY NOTICE of Deficiency to Anne M. McClellan re #17 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 8/31/2023. (KJA) |
| Filing 26 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Inxeption Corporation. (Theuerkauf, Robert) |
| Filing 25 ANSWER to #1 Complaint,, with Jury Demand , THIRD PARTY COMPLAINT against Runergy PV Technology (Thailand) Co., Ltd, COUNTERCLAIM against American Hyperion Solar, LLC by Inxeption Corporation. (Attachments: #1 Exhibit 1 - Hyperion Web Page, #2 Exhibit 2 - Supply Chain Terms April 2023, #3 Exhibit 3 - Aug 1 Taft letter to Mase) (Theuerkauf, Robert) |
| Filing 24 MOTION for Preliminary Injunction by Defendant Inxeption Corporation (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Logistics Proposal, #3 Exhibit 2 - 7/17 Letter to Eisenberg, #4 Exhibit 3 - 6/30 Delka Letter, #5 Proposed Order) (Theuerkauf, Robert) |
| Filing 23 Notice of Filing Official Transcript re #22 Transcript - Court Official,,. Please review the complete Notice for instructions. (Dowell, April) |
| Filing 22 FILING OF OFFICIAL TRANSCRIPT of Hearing on TRO and Preliminary Injunction held on August 3, 2023, before Judge Greg N. Stivers. Court Reporter April R. Dowell, Email: april_dowell@kywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/1/2023. Redacted Transcript Deadline set for 9/11/2023. Release of Transcript Restriction set for 11/9/2023. (Dowell, April) |
| Filing 21 Text Order for proceedings held before Chief Judge Greg N. Stivers. Motion Hearing held on 8/3/2023 on the "Motion for a Temporary Restraining Order and Preliminary Injunction" (DN #3 ). Appearing for the parties were Nicholas J. Pieczonka, Anne M. McClellan, Russell S. Sayre, Robert J. Theuerkauf, and Dennis D. Murrell. IT IS HEREBY ORDERED this hearing is continued to 8/15/2023 at 12:00 PM CDT in Bowling Green before Chief Judge Greg N. Stivers. (Court Reporter April Dowell.) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) |
| Filing 20 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Inxeption Corporation. (Attachments: #1 Exhibit 1 - 12/12/2022 email, #2 Exhibit 2 - Slijander email, #3 Exhibit 3 - Nov 29 Cao email, #4 Exhibit 4 - Supply Chain Terms, #5 Exhibit 5 - Proposal, #6 Exhibit 6 - Logistics Proposal, #7 Exhibit 7 - Received, #8 Exhibit 8 - Farzad email, #9 Exhibit 9 - Kayser emails, #10 Exhibit 10 - July 24 Letter, #11 Exhibit 11 - Cao Email) (Dearmond, Matthew) |
| SUMMONS Returned Executed by American Hyperion Solar, LLC. Inxeption Corporation served on 7/27/2023, answer due 8/17/2023. (No document attached-for reporting purposes only. See DN #19 to view PDF) (JWM) |
| Filing 19 NOTICE Notice of Filing Affidavits of Service by American Hyperion Solar, LLC (Attachments: #1 Exhibit A - Affidavit of Service - Inxeption, #2 Exhibit B - Affidavit of Service - Inxeption registered agent) (Pieczonka, Nicholas) |
| Filing 18 TEXT ORDER for proceedings held before Chief Judge Greg N. Stivers. A Telephone Conference was held on 7/31/2023. This Telephone Conference was not recorded. Appearing for the parties were Nicholas J. Pieczonka, Anne M. McClellan, Russell S. Sayre, Robert J. Theuerkauf, Dennis D. Murrell, and Matthew P. Dearmond. IT IS HEREBY ORDERED a hearing on the pending "Motion for a Temporary Restraining Order and Preliminary Injunction" (DN #3 ) is set for 8/3/2023 at 10:00 AM EDT in Louisville Courtroom before Chief Judge Greg N. Stivers. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) |
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE by Chief Judge Greg N. Stivers on 7/28/2023 granting #12 Motion for Anne M. McClellan to Appear Pro Hac Vice cc: Counsel; Russell S. Sayre; Anne McClellan (w/ECF packet)(JWM)
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE by Chief Judge Greg N. Stivers on 7/28/2023 granting #11 Motion for Russell S. Sayre to Appear Pro Hac Vice cc: Counsel; Russell Sayre (w/ ECF packet); Anne McClellan(JWM)
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Filing 15
TEXT ORDER by Chief Judge Greg N. Stivers on 7/28/2023. IT IS HEREBY ORDERED a Telephone Conference set for 7/31/2023 at 10:00 AM CDT/11:00 AM EDT before Chief Judge Greg N. Stivers. Counsel for the parties shall connect to the call by dialing 888-808-6929 and entering access code 9986721. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD)
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| Filing 14 NOTICE Notice of Filing Proposed Order by American Hyperion Solar, LLC re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Attachments: #1 Proposed Order) (Pieczonka, Nicholas) |
| Filing 13 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by American Hyperion Solar, LLC. (Pieczonka, Nicholas) |
| Filing 12 MOTION for Anne M. McClellan to Appear Pro Hac Vice Motion for Admission Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3851845. by Plaintiff American Hyperion Solar, LLC (Attachments: #1 Proposed Order) (Pieczonka, Nicholas) |
| Filing 11 MOTION for Russell S. Sayre to Appear Pro Hac Vice Motion for Admission Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3851840. by Plaintiff American Hyperion Solar, LLC (Attachments: #1 Proposed Order) (Pieczonka, Nicholas) |
| Filing 10 NOTICE of Appearance by Dennis D. Murrell on behalf of Inxeption Corporation (Murrell, Dennis) |
| Filing 9 NOTICE of Appearance by Matthew P. Dearmond on behalf of Inxeption Corporation (Dearmond, Matthew) |
| Filing 8 NOTICE of Deficiency re #3 Motion for TRO, Motion for Preliminary Injunction. Reason for Deficiency: Proposed Order not submitted with Motions. Failure to comply will be brought to the attention of the Court. Response due by 8/2/2023. (SRH) |
| Filing 7 NOTICE of Deficiency re #1 Complaint. Reason for Deficiency: Rule 7.1(a)(2) diversity disclosure for American Hyperion Solar, LLC not filed. Failure to comply will be brought to the attention of the Court. Response due by 8/9/2023. (SRH) |
| Filing 6 NOTICE of Appearance by Robert J. Theuerkauf on behalf of Inxeption Corporation (Theuerkauf, Robert) |
| Filing 5 Summons Issued as to Inxeption Corporation. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (SRH) |
| Filing 4 Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (SRH) |
| Filing 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiff American Hyperion Solar, LLC. (Attachments: #1 Memorandum in Support) (SRH) (Additional attachment(s) added on 7/28/2023: #2 Proposed Order) (JWM). |
| Filing 2 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Other Affiliate Wuxi Hyperion PV Technology Co., Ltd., Other Affiliate Suzhou Runxi PV Technology Co., Ltd., and Other Affiliate Jiangsu Runergy New Energy Technology Co., Ltd. for American Hyperion Solar, LLC. (SRH) |
| Filing 1 VERIFIED COMPLAINT filed by American Hyperion Solar, LLC against Inxeption Corporation. Filing fee $402, receipt number AKYWDC-3851057. (Attachments: #1 Exhibit 1 - Example Purchase Order Hyperion, #2 Exhibit 2 - Example ISA, #3 Exhibit 3 - Runergy SLA, #4 Exhibit 4 - Hyperion SLA, #5 Exhibit 5 - Inxeption Logistics Terms, #6 Exhibit 6 - Inxeption Business Community Terms, #7 Exhibit 7 - Entry summaries, #8 Exhibit 8 - Notice of Termination, #9 Exhibit 9 - Termination of cooperation notice, #10 Exhibit 10 - Response to termination notice, #11 Exhibit 11 - Lien notices, #12 Cover Sheet, #13 Summons tendered) (SRH) Modified docket text (added "Verified") on 7/26/2023 (SRH). |
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