HBTPower Limited v. Mohawk Energy, LLC
| HBTPower Limited |
| Mohawk Energy, LLC |
| 3:2023cv00628 |
| November 29, 2023 |
| US District Court for the Western District of Kentucky |
| Claria Horn Boom |
| Rebecca Grady Jennings |
| Colin H Lindsay |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.
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Filing 43
ORDER RESCHEDULING PRELIMINARY INJUNCTION HEARING by Judge Claria Horn Boom on 1/25/24: IT IS HEREBY ORDERED that a Preliminary Injunction Hearing that was set for 1/25/2024, will be REMANDED and RESCHEDULED to 4/15/2024, at the hour of 9:00 a.m., and 4/16/2024, at the hour of 9:00 a.m., before the Honorable Claria Horn Boom, United States District Judge, at the Gene Snyder Federal Courthouse, in Louisville, Kentucky. cc:counsel (DJT)
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| Filing 42 REPLY re #35 Response to Motion,, Reply to Response to Motion, filed by HBTPower Limited. (Attachments: #1 Exhibit 1 - Third Wang Declaration) (Meares, Lindsey) |
| Filing 41 REPLY to Response to Motion re #32 MOTION to Dismiss for Lack of Jurisdiction filed by Mohawk Energy, LLC. (Whites, Anna) |
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Filing 40
ORDER FOR MEETING AND REPORT (EBOC) by Judge Claria Horn Boom on 1/17/24: Magistrate Judge Colin H. Lindsay will conduct a telephonic Rule 16 case management conference on 2/29/2024, at 10:30 a.m. Counsel for the parties shall connect to the Telephonic Status Conference by dialing the toll-free number 888-808-6929 and entering access code 2773744#. Parties shall dial into the conference five (5) minutes prior to the Conference. cc: Counsel, CM-CHL (DJT)
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Filing 39
TEXT ORDER by Judge Claria Horn Boom on January 17, 2024. Pursuant to 28 U.S.C. 636(b)(1)(A) and Fed. R. Civ. P. 72, the Court REFERS this case to United States Magistrate Judge Colin H. Lindsay for purposes of: 1) resolving all non-dispositive pretrial motions; 2) generally managing discovery, including resolving all discovery disputes and conducting any hearing(s) other than the pretrial conference; 3) generally managing all pretrial scheduling issues, including altering any dates and/or deadlines, except for pretrial conference and trial deadlines; 4) conducting a mid-discovery telephonic conference; and 5) conducting a settlement conference, if requested by the parties. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (JAS)
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| Filing 38 REPLY re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HBTPower Limited. (Vance, Palmer) |
| Filing 37 REPLY re #23 MOTION for Preliminary Injunction filed by HBTPower Limited. (Attachments: #1 Exhibit 1 - Mohawk's Counsel Email Dated Jan. 9, 2024, #2 Exhibit 2 - News Articles Reporting B. Smith's Co-Founding of Biofuel Mining, #3 Exhibit 3 - Email from Mohawk's Counsel Showing Record of Sale, #4 Exhibit 4 - Historical Chart and Image of Percentage Graph, #5 Exhibit 5 - Publicly Available Summary of Mohawk's Filings) (Vance, Palmer) |
| Filing 36 RESPONSE to Motion re #32 MOTION to Dismiss for Lack of Jurisdiction filed by HBTPower Limited. (Attachments: #1 Exhibit A - Wang Zhuo Declaration, #2 Exhibit B - Zhang Li Declaration) (Vance, Palmer) |
| Filing 35 RESPONSE to Motion re #32 MOTION to Dismiss for Lack of Jurisdiction Supplemental Response ( Replies due by 1/24/2024.), REPLY to Response to Motion re #32 MOTION to Dismiss for Lack of Jurisdiction filed by Mohawk Energy, LLC. (Whites, Anna) |
| Filing 34 RESPONSE to Motion re #23 MOTION for Preliminary Injunction filed by Mohawk Energy, LLC. (Attachments: #1 Exhibit Email from Huobi counsel, #2 Exhibit Email from counsel, #3 Exhibit Email from counsel, #4 Exhibit Email from counsel, #5 Exhibit Email from Power Co, #6 Exhibit Email from Huobi counsel, #7 Exhibit Photo at plant, #8 Exhibit Email from counsel, #9 Exhibit Data on valuation, #10 Exhibit Affidavit from Dustin Rogers, #11 Exhibit Email from counsel, #12 Exhibit Email from counsel, #13 Exhibit Email from Wang Yangping) (Whites, Anna) |
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Filing 33
ORDER by Judge Claria Horn Boom on 1/2/24 re #32 MOTION to Dismiss for Lack of Jurisdiction filed by Mohawk Energy, LLC, Schedules re: #32 MOTION to Dismiss for Lack of Jurisdiction : IT IS HEREBY ORDERED the response and reply deadlines to Defendant Mohawk Energy, LLC's Motion to Dismiss on Ground of Standing as Real Party in Interest is Not Before This Court, [R. #32 ], SHALL BE EXPEDITED. The response of Plaintiff HBTPower Limited SHALL be filed on or before Friday, 1/12/2024. Defendant Mohawk Energy, LLC may file a reply on or before Friday, 1/19/2024. cc:counsel (DJT)
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| Filing 32 MOTION to Dismiss for Lack of Jurisdiction by Defendant Mohawk Energy, LLC (Attachments: #1 Memorandum in Support Memo in Support of Motion, #2 Proposed Order Order Dismissing, #3 Exhibit Email to counsel, #4 Exhibit Letter to counsel, #5 Exhibit Email to counsel) (Whites, Anna) |
| Filing 31 RESPONSE to Motion re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mohawk Energy, LLC. (Whites, Anna) |
| Filing 30 RESPONSE to re #20 Notice (Other) filed by HBTPower Limited. (Attachments: #1 Exhibit) (Meares, Lindsey) |
| Filing 29 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Mohawk Energy, LLC. (Whites, Anna) |
| Filing 28 REPLY to Response to Motion re #13 MOTION to Transfer Case filed by Mohawk Energy, LLC. (Whites, Anna) |
| Filing 27 RESPONSE to Motion re #13 MOTION to Transfer Case filed by HBTPower Limited. (Attachments: #1 Exhibit 1 - License Agreement, #2 Exhibit 2 - JAMS Demand for Arbitration) (Meares, Lindsey) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendant HBTPower Limited (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - License Agreement, #3 Proposed Order) (Meares, Lindsey) |
| Filing 25 REPLY to Response to Motion re #17 MOTION to Compel Arbitration filed by HBTPower Limited. (Attachments: #1 Exhibit 1 - JAMS Counterclaim, #2 Exhibit 2 - License Agreement, #3 Exhibit 3 - JAMS Demand) (Meares, Lindsey) |
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Filing 24
ORDER SETTING PRELIMINARY INJUNCTION HEARING by Judge Claria Horn Boom on 12/20/23 re #23 MOTION for Preliminary Injunction filed by HBTPower Limited, Schedules re: #23 MOTION for Preliminary Injunction : IT IS HEREBY ORDERED that a Preliminary Injunction Hearing is SET for Thursday, 1/25/2024 at the hour of 9:00 a.m., before the Honorable Claria Horn Boom, United States District Judge, at the Gene Snyder Federal Courthouse, in Louisville, Kentucky. If any scheduling issues arise, the parties may file a motion to continue. cc: Counsel (DJT)
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| Filing 23 MOTION for Preliminary Injunction by Plaintiff HBTPower Limited (Attachments: #1 Memorandum in Support, #2 Exhibit A - First Declaration, #3 Exhibit B - Second Declaration, #4 Exhibit C - Stout Declaration, #5 Proposed Order) (Meares, Lindsey) |
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Filing 22
ORDER signed by Judge Claria Horn Boom on 12/11/23; denying #16 Motion for TRO: IT IS HEREBY ORDERED as follows: Plaintiff's Motion for Temporary Restraining Order, [R. #16 ] is DENIED as moot. Plaintiff may file its Motion for Preliminary Injunction on or before 12/18/2023. Defendant shall file its response on or before 1/8/2024. Plaintiff may file a reply to Defendant's response on or before 1/15/2024. The Court will set a preliminary injunction hearing by separate order. cc: Counsel(DJT)
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| Filing 21 Joint STATUS REPORT (Attachments: #1 Proposed Order) by HBTPower Limited. (Meares, Lindsey) |
| Filing 20 NOTICE Request for Judicial Notice Regarding Real Party In Interest by Mohawk Energy, LLC re #1 Complaint,, #16 MOTION for Temporary Restraining Order (Whites, Anna) |
| Filing 19 RESPONSE to Motion re #17 MOTION to Compel Arbitration filed by Mohawk Energy, LLC. (Attachments: #1 Exhibit Affidavit of Mohawk Operations Director, #2 Exhibit Letter to Huobi from Mohawk, #3 Exhibit Email from Wang Yangping confirming debt for rent/labor) (Whites, Anna) |
| Filing 18 MEMORANDUM OF TELEPHONIC STATUS CONFERENCE AND ORDER from proceedings held before Judge Claria Horn Boom; Telephonic Status Conference held on 12/5/2023: IT IS HEREBY ORDERED as follows; The parties SHALL file a joint status report that informs the Court whether the parties have reached an agreement that would resolve the pending request for temporary restraining order, [R. #1 ], [R. #16 ], no later than 12/8/2023 by 12:00 p.m. The parties SHALL email a copy of the joint status report to the Courts case manager at john_slone@kywd.uscourts.gov. If the parties advise through their notice that they have reached an agreement, then by 5:00 PM on Monday, 12/11/2023, the parties SHALL file a proposed schedule that includes deadlines for any expedited discovery and briefing related to the pending request for preliminary injunction, [R. #1 ]. If the parties are not able to reach an agreement, the parties SHALL be prepared for a telephonic status conference that will be set for later on Friday, 12/8/2023. (Court Reporter Terri Horton.) cc:counsel (DJT) |
| Filing 17 MOTION to Compel Arbitration by Counter Defendant HBTPower Limited (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - License Agreement, #3 Exhibit 2 - Cease and Desist Letter, #4 Exhibit 3 - Proof of Filing JAMS Arbitration, #5 Proposed Order) (Meares, Lindsey) |
| Filing 16 MOTION for Temporary Restraining Order by Plaintiff HBTPower Limited (Attachments: #1 Memorandum in Support, #2 Exhibit A - Yangping Declaration, #3 Proposed Order) (Meares, Lindsey) |
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Filing 15
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF HAROUT J. SAMRA signed by Judge Claria Horn Boom on 12/4/23; granting #8 Motion to Appear Pro Hac Vice as to Harout J. Samra. cc: Counsel(DJT)
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| Filing 14 ANSWER to #1 Complaint,, Response to Motion for TRO, COUNTERCLAIM against HBTPower Limited by Mohawk Energy, LLC. (Whites, Anna) |
| Filing 13 MOTION to Transfer Case by Defendant Mohawk Energy, LLC (Whites, Anna) |
| Filing 12 NOTICE of Filing of Verification Page by HBTPower Limited re #1 Complaint,, (Attachments: #1 Exhibit 1) (Meares, Lindsey) |
| Filing 11 NOTICE of Appearance by Anna S. Whites on behalf of Mohawk Energy, LLC (Whites, Anna) |
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Filing 10
AMENDED ORDER by Judge Claria Horn Boom on 12/1/23: Telephonic Status Conference set for 12/5/2023 at 3:00 PM before Judge Claria Horn Boom. Counsel for the parties shall connect to the conference call by dialing the toll-free number 1-888-363-4735 and entering access code 9522526#.cc:counsel (DJT)
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| Filing 9 SUMMONS Returned Executed by HBTPower Limited. Mohawk Energy, LLC served on 12/1/2023, answer due 12/22/2023. (Attachments: #1 Exhibit) (Meares, Lindsey) |
| Filing 8 MOTION for Harout J. Samra to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-3932149. by Plaintiff HBTPower Limited (Attachments: #1 Proposed Order) (Vance, Palmer) |
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Filing 7
ORDER by Judge Claria Horn Boom on 12/1/23: A telephonic status conference is scheduled for Tuesday, 12/4/2023 at 3:00 PM. Counsel for the parties shall connect to the conference call by dialing the toll-free number 1-888-363-4735 and entering access code 9522526#. cc: Counsel (DJT)
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Filing 6
ORDER signed by Judge Rebecca Grady Jennings on 12/1/2023. District Judge Rebecca Grady Jennings RECUSES from this matter and the action is reassigned to the docket of District Judge Claria Horn Boom United States District Court Judge, for all further proceedings. Counsel are requested to change the Civil action number to reflect the initials CHB on all further pleadings. cc: Counsel, CHB-CM (MNM)
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| Filing 5 Summons Issued as to Mohawk Energy, LLC. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (DeW) |
| Filing 4 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by HBTPower Limited. (DeW) |
| Filing 3 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Sinohope Digital Service Limited, Corporate Parent Mcore Limited, Corporate Parent Sinohope Technology Holdings Limited, Corporate Parent Avenir Cayman Holding Limited for HBTPower Limited by HBTPower Limited. (DeW) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (DeW) |
| Filing 1 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER AND PERMANENT INJUNCTIVE RELIEF filed by HBTPower Limited against Mohawk Energy, LLC. (Filing fee $402, receipt number AKYWDC-3930260.) (Attachments: #1 Exhibit 1 - License Agreement, #2 Exhibit 2 - Mohawk Receipt, #3 Exhibit 3 - June 10, 2022 Email, #4 Exhibit 4 - KPC Contracts, #5 Exhibit 5 - October 12, 2022 Letter, #6 Exhibit 6 - November 24, 2023 Letter, #7 Exhibit 7 - November 27, 2023 Letter, #8 Summons TENDERED, #9 Cover Sheet) (DeW) |
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| Plaintiff: HBTPower Limited | |
| Represented By: | Harout J. Samra |
| Represented By: | Lindsey Howard Meares |
| Represented By: | Palmer G. Vance, II |
| Represented By: | Harout Samra |
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| Defendant: Mohawk Energy, LLC | |
| Represented By: | Anna S. Whites |
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