Advantage Industrial Systems, LLC v. Aleris Rolled Products, Inc. et al
| Advantage Industrial Systems, LLC |
| Louisville General Contracting, LLC, Valley Electrical Consolidated, Inc., Northern Electric, Inc., Aleris Rolled Products, Inc., Commonwealth Aluminum Lewisport and Aleris Rolled Products Manufacturing |
| 4:2017cv00109 |
| August 25, 2017 |
| US District Court for the Western District of Kentucky |
| Owensboro Office |
| XX US, Outside State |
| H Brent Brennenstuhl |
| Joseph H McKinley |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on June 18, 2018. A more recent docket listing may be available from PACER.
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| Filing 90 JUDGMENT: Plaintiff's Amended Complaint is dismissed without prejudice. cc: counsel (JM) |
Filing 89
MEMORANDUM OPINION AND ORDER by Chief Judge Joseph H. McKinley, Jr. on 6/18/2018: Valley Electrical Consolidated, Inc. and Louisville General Contracting, LLC are designated as plaintiffs in this matter. Because there is no longer subject-matter jurisdiction based on diversity of citizenship, this case must be DISMISSED. cc: counsel (JM)
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| Filing 88 ANSWER to #81 Answer to Amended Complaint, Counterclaim by Advantage Industrial Systems, LLC. (Patterson, Anthony) |
| Filing 87 REPLY re #84 Brief in Opposition to Realignment filed by Advantage Industrial Systems, LLC. (Patterson, Anthony) |
| Filing 86 BRIEF Reply Brief in Support of Realignment of the Parties re #75 Order, by Aleris Rolled Products, Inc.. (Vitale, Michael) |
| Filing 85 REPLY re #84 Brief in Support of Brief in Opposition to Realignment of the Parties filed by Valley Electrical Consolidated, Inc.. (Kerr Korman, Jean) |
| Filing 84 BRIEF in support of realignment of the parties re #75 Order, by Aleris Rolled Products, Inc.. (Vitale, Michael) |
| Filing 83 BRIEF in Opposition to Realignment by Advantage Industrial Systems, LLC. (Patterson, Anthony) |
| Filing 82 BRIEF in Opposition to Realignment by Valley Electrical Consolidated, Inc.. (Kerr Korman, Jean) |
| Filing 81 ANSWER to #30 Amended Complaint , COUNTERCLAIM against Advantage Industrial Systems, LLC by Aleris Rolled Products, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Blair, Brian) |
| Filing 80 REPORT for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Telephone Conference held on 5/11/2018. Counsel for the parties advised they will be filing their briefs pursuant to the Order entered at DN #75 . cc: counsel (JM) |
| Filing 79 INITIAL DISCLOSURES by Defendant Valley Electrical Consolidated, Inc. (Kerr Korman, Jean) Modified docket text on 5/15/2018 (DJT). |
| Filing 78 RULE 26 INITIAL DISCLOSURE STATEMENT by Aleris Rolled Products, Inc.. (Blair, Brian) |
| Filing 77 RULE 26 INITIAL DISCLOSURE STATEMENT by Aleris Rolled Products, Inc.. (Blair, Brian) |
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Filing 76
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 5/9/2018 granting #74 Motion for Attorney Angela M. Richie to Withdraw as Attorney. cc: Counsel (JM)
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Filing 75
ORDER by Chief Judge Joseph H. McKinley, Jr. on 5/8/2018: Within fifteen (15) days of the date of entry of this Order, the parties shall file simultaneous briefs on the issues of realignment of the parties. Within ten (10) days thereafter, the parties shall file simultaneous replies. cc: counsel (JM)
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| Filing 74 MOTION to Withdraw as Attorney . (Continue to receive notice:No) by Plaintiff Advantage Industrial Systems, LLC, Counter Defendants Advantage Industrial Systems, LLC, Advantage Industrial Systems, LLC (Attachments: #1 Proposed Order) (Richie, Angela) |
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Filing 73
ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d) signed by Magistrate Judge H. Brent Brennenstuhl on 5/3/18; granting #71 Motion for Discovery: The parties have previously addressed the clawback of inadvertently producedprivileged or trial preparation material and its governance in accordance with Fed. R. Evid. 502(d)in their Joint Discovery Plan, filed on November 21, 2017 (ECF No. #34 ). In the event theNovember 21, 2017 Joint Discovery Plan conflicts with any of the provisions of this 502(d) Order,the provisions of this 502(d) Order shall control. cc: Counsel(DJT)
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| Filing 72 NOTICE of Appearance by R. Michael Sullivan on behalf of Advantage Industrial Systems, LLC (Sullivan, R.) |
| Filing 71 Joint MOTION for Discovery FRE 502(d) by Defendant Aleris Rolled Products, Inc. (Attachments: #1 Proposed Order) (Sheffer, John) |
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Filing 70
ORDER GRANTING AGREED MOTION TO LIFT STAY signed by Magistrate Judge H. Brent Brennenstuhl on 5/1/18 denying #63 Motion for Protective Order; denying #63 Motion to Abate Discovery; granting #69 Motion to Lift Stay cc: Counsel(DJT)
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| Filing 69 Agreed MOTION to Lift Stay and Keep Telephone Status Conference re #66 Order on Motion to Dismiss,,,, Order on Motion to Stay,, Order on Motion to Compel, by Defendant Aleris Rolled Products, Inc., Cross Defendants Aleris Rolled Products, Inc., Aleris Rolled Products, Inc. (Attachments: #1 Proposed Order) (Vitale, Michael) |
| Filing 68 Corporate Disclosure Statement by Valley Electrical Consolidated, Inc.. (Kerr Korman, Jean) |
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Filing 67
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 3/12/2018. Pursuant to the Memorandum Opinion and Order entered at DN 66; IT IS ORDERED a Telephone Conference is set for 5/11/2018 at 9:00 AM, CDT, before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (KLL)
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Filing 66
MEMORANDUM OPINION AND ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 3/6/2018 finding as moot #24 Motion to Dismiss the Original Complaint; granting #21 Motion to Stay and Compel Mediation (litigation is stayed for 60 days); denying #40 Motion to Dismiss Amended Complaint. cc: Counsel, HBB(JM)
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| Filing 65 NOTICE of Filing Proposed Order by Aleris Rolled Products, Inc. re #63 MOTION for Protective Order and/or to Abate Discovery Issued by Plaintiff (Attachments: #1 Proposed Order) (Vitale, Michael) |
| Filing 64 NOTICE of Change of Address by Angela M. Richie (Richie, Angela) |
| Filing 63 MOTION for Protective Order and/or MOTION to Abate Discovery Issued by Plaintiff by Defendant Aleris Rolled Products, Inc. (Attachments: #1 Exhibit) (Vitale, Michael). Added MOTION on 2/28/2018 (DJT). (Additional attachment(s) added on 3/2/2018: #2 Proposed Order) (DJT). |
| Filing 62 RESPONSE to Motion re #61 MOTION for Leave to File Surreply Instanter filed by Aleris Rolled Products, Inc.. (Vitale, Michael) |
| Filing 61 MOTION for Leave to File Surreply Instanter by Cross Claimant Valley Electrical Consolidated, Inc., Defendant Valley Electrical Consolidated, Inc. (Attachments: #1 Reply Surreply Opposing Defendant's Motion to Dismiss Amended Cross-Claim) (Kerr Korman, Jean) |
| Filing 60 REPLY re #47 MOTION to Dismiss VEC's Amended Crossclaim #44 filed by Aleris Rolled Products, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Vitale, Michael) |
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Filing 59
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 1/11/2018 granting #58 Motion for Extension of Time to File Reply: Defendant shall have through 1/25/2018 to file a reply to the Motion to Dismiss Crossclaim. cc: Counsel(JM)
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| Filing 58 MOTION for Extension of Time to File Response/Reply as to #56 Response to Motion by Defendant Aleris Rolled Products, Inc. (Attachments: #1 Proposed Order) (Sheffer, John) |
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Filing 57
ORDER granting #49 Motion to Appear Pro Hac Vice as to James A. Sherer signed by Magistrate Judge H. Brent Brennenstuhl on 1/2/18. cc: Counsel(DJT)
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| Filing 56 RESPONSE to Motion re #47 MOTION to Dismiss VEC's Amended Crossclaim #44 filed by Valley Electrical Consolidated, Inc.. (Early, B.) |
| Filing 55 REPLY to Response to Motion re #40 MOTION to Dismiss Amended Complaint filed by Aleris Rolled Products, Inc.. (Vitale, Michael) |
| Filing 54 RULE 26 INITIAL DISCLOSURE STATEMENT by Advantage Industrial Systems, LLC. (Richie, Angela) |
| Filing 53 NOTICE by Valley Electrical Consolidated, Inc. re #46 Order on Motion to Appear Pro Hac Vice (Early, B.) |
| Filing 52 RESPONSE to Motion re #40 MOTION to Dismiss Amended Complaint filed by Advantage Industrial Systems, LLC. (Attachments: #1 Proposed Order) (Richie, Angela) |
| Filing 51 ANSWER to #44 Answer to Complaint,,, Crossclaim,,, Counterclaim,, by Advantage Industrial Systems, LLC. (Richie, Angela) |
| Filing 50 NOTICE of Filing Proposed Order by Aleris Rolled Products, Inc. re #49 MOTION for James A. Sherer to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2559214. (Sheffer, John) |
| Filing 49 MOTION for James A. Sherer to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2559214. by Defendant Aleris Rolled Products, Inc. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Sheffer, John) |
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Filing 48
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 12/11/2017 granting #43 Motion for Extension of Time to Answer. Defendant Valley Electrical Consolidated, Inc. is granted until 12/4/2017 to file its Answer to Plaintiff's Amended Complaint. cc: Counsel (JM)
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| Filing 47 MOTION to Dismiss VEC's Amended Crossclaim #44 by Cross Defendants Aleris Rolled Products, Inc., Aleris Rolled Products, Inc. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit Composite "C", #4 Proposed Order Order on Motion to Dismiss) (Vitale, Michael) |
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Filing 46
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 12/6/2017 granting #25 Motion for Attorney Jean Kerr Korman to Appear Pro Hac Vice. cc: Counsel (JM)
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Filing 45
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 12/6/2017 granting #26 Motion for Attorney Barry Miller to Appear Pro Hac Vice. cc: Counsel (JM)
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| Filing 44 ANSWER to Complaint with Jury Demand , CROSSCLAIM against Aleris Rolled Products, Inc., COUNTERCLAIM against All Plaintiffs by Valley Electrical Consolidated, Inc.. (Attachments: #1 Exhibit Notice of mechanics lien and mechanics lien for calp 1 & 2., #2 Exhibit Notice of Amended mechanics lien and amended lien for calp 1 & 2, #3 Exhibit calp 1 & 2 Contract, #4 Exhibit Cold Mill Contract, #5 Exhibit Notice of mechanics lien and mechanics lien for Cold Mill, #6 Exhibit notice of Amended mechanics lien and Amended Lien for Cold Mill) (Early, B.) |
| Filing 43 MOTION for Extension of Time to File Answer by Counter Claimant Valley Electrical Consolidated, Inc. (Attachments: #1 Proposed Order vec extension of time answer) (Early, B.) |
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Filing 42
AGREED AND STIPULATED PROTECTIVE ORDER by Magistrate Judge H. Brent Brennenstuhl on 11/29/2017. cc: counsel (JBM)
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| Filing 41 MOTION to Dismiss VEC's Crossclaim against Aleris #22 by Defendant Aleris Rolled Products, Inc., Cross Defendant Aleris Rolled Products, Inc. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Proposed Order on Motion to Dismiss Crossclaim) (Vitale, Michael) |
| Filing 40 MOTION to Dismiss Amended Complaint by Defendant Aleris Rolled Products, Inc. (Attachments: #1 Proposed Order) (Vitale, Michael) |
| Filing 39 REPLY to Response to Motion re #21 MOTION to Stay and To Compel Mediation with Plaintiff MOTION to Compel filed by Aleris Rolled Products, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Vitale, Michael) |
| Filing 38 Proposed Agreed Order/Stipulation by Aleris Rolled Products, Inc.. (Sheffer, John) |
| Filing 37 NOTICE by Valley Electrical Consolidated, Inc. re #25 MOTION for Jean Kerr Korman to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2537186. (Attachments: #1 Proposed Order jean kerr korman) (Early, B.) |
| Filing 36 NOTICE by Valley Electrical Consolidated, Inc. re #26 MOTION for Barry Miller to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2537194. (Attachments: #1 Proposed Order Barry Miller order pro hac vice) (Early, B.) |
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Filing 35
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 11/21/2017 granting #31 Motion for Extension of Time to File Response. Defendant Aleris Rolled Products, Inc. shall have through 11/28/2017 to file a response to the Crossclaim. cc: Counsel (JBM)
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| Filing 34 REPORT of Rule 26(f) Planning Meeting by Advantage Industrial Systems, LLC, Aleris Rolled Products, Inc., Valley Electrical Consolidated, Inc.. (Richie, Angela) |
| Filing 33 Corporate Disclosure Statement identifying Corporate Parent Aleris International, Inc. for Aleris Rolled Products, Inc.. by Aleris Rolled Products, Inc.. (Sheffer, John) |
| Filing 32 ANSWER to #22 Answer to Complaint,, Crossclaim,, Counterclaim, by Advantage Industrial Systems, LLC. (Richie, Angela) |
| Filing 31 MOTION for Extension of Time to File Response/Reply by Defendant Aleris Rolled Products, Inc. (Attachments: #1 Proposed Order Order Granting) (Sheffer, John) |
| Filing 30 AMENDED COMPLAINT against All Parties, filed by Advantage Industrial Systems, LLC. (Attachments: #1 Ex A - Contract, #2 Ex B - Notice of Intent, #3 Ex C - Mechanic's Lien, #4 Ex D - Statement of Lien) (Richie, Angela) |
| Filing 29 RESPONSE to Motion re #24 MOTION to Dismiss filed by Advantage Industrial Systems, LLC. (Attachments: #1 Exhibit A - Declaration of Michael Ahern, #2 Exhibit B - Email, #3 Proposed Order) (Richie, Angela) |
| Filing 28 RESPONSE to Motion re #21 MOTION to Stay and To Compel Mediation with Plaintiff MOTION to Compel filed by Advantage Industrial Systems, LLC. (Attachments: #1 Exhibit A - Declaration of Michael Ahern, #2 Exhibit B - Email, #3 Proposed Order) (Richie, Angela) |
| Filing 27 NOTICE of Deficiency re #25 and #26 Motions to Appear Pro Hac Vice. Certificates of good standing not attached. Proposed Orders not attached. Failure to comply will be brought to the attention of the Court. Response due by 11/17/2017. (JBM) |
| Filing 26 MOTION for Barry Miller to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2537194. by Defendant Valley Electrical Consolidated, Inc. (Early, B.) (Additional attachment(s) added on 11/28/2017: #1 Certificate of Good Standing, #2 Proposed Order) (DJT). |
| Filing 25 MOTION for Jean Kerr Korman to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2537186. by Defendant Valley Electrical Consolidated, Inc. (Early, B.) (Additional attachment(s) added on 11/28/2017: #1 Certificate of Good Standing, #2 Proposed Order) (DJT). |
| Filing 24 MOTION to Dismiss by Defendant Aleris Rolled Products, Inc. (Attachments: #1 Proposed Order Order Granting Motion to Dismiss) (Sheffer, John) |
| Filing 23 NOTICE of Filing by Aleris Rolled Products, Inc. re #21 MOTION to Stay and To Compel Mediation with Plaintiff MOTION to Compel (Attachments: #1 Exhibit 1) (Sheffer, John) |
| Filing 22 ANSWER to #1 Complaint, with Jury Demand , CROSSCLAIM against Aleris Rolled Products, Inc., COUNTERCLAIM against Advantage Industrial Systems, LLC by Valley Electrical Consolidated, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6) (Early, B.) |
| Filing 21 MOTION to Stay and MOTION to Compel Mediation with Plaintiff by Defendant Aleris Rolled Products, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Sheffer, John). Added MOTION to Compel on 10/25/2017 (DJT). (Additional attachment(s) added on 10/27/2017: #4 Proposed Order) (DJT). |
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Filing 20
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 10/20/2017 granting #17 Motion for Attorney Anthony E. Patterson to Appear Pro Hac Vice. cc: Counsel (JBM)
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Filing 19
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 10/20/2017 granting #13 Motion for Attorney Brian C. Blair to Appear Pro Hac Vice. cc: Counsel (JBM)
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Filing 18
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 10/20/2017 granting #10 Motion for Attorney Michael S. Vitale to Appear Pro Hac Vice. cc: Counsel (JBM)
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| Filing 17 MOTION for Anthony E. Patterson to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2525535. by Plaintiff Advantage Industrial Systems, LLC (Attachments: #1 Affidavit of Anthony PAtterson, #2 Certificate of Good Standing, #3 Proposed Order) (Richie, Angela) |
| Filing 16 Return of Service Executed as to Louisville General Contracting, LLC. (Richie, Angela) |
| ***Answer Date ReSet to:10/27/17 (MLG) |
| Filing 15 NOTICE of Filing by Aleris Rolled Products, Inc. (Attachments: #1 Proposed Order on Pro Hac Vice Motion) (Sheffer, John) |
| Filing 14 Proposed Order re #13 MOTION for Brian C. Blair to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2512337. by Aleris Rolled Products, Inc.. (Sheffer, John) |
| Filing 13 MOTION for Brian C. Blair to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2512337. by Defendant Aleris Rolled Products, Inc. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing) (Sheffer, John) (Additional attachment(s) added on 9/21/2017: #3 Proposed Order) (DJT). |
| Filing 12 NOTICE of Filing by Aleris Rolled Products, Inc. re #10 MOTION for Michael S. Vitale to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2512290., #11 Proposed Order (Attachments: #1 Proposed Order on Pro Hac Vice Motion) (Sheffer, John) |
| Filing 11 Proposed Order re #10 MOTION for Michael S. Vitale to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2512290. by Aleris Rolled Products, Inc.. (Sheffer, John) |
| Filing 10 MOTION for Michael S. Vitale to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2512290. by Defendant Aleris Rolled Products, Inc. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing) (Sheffer, John) (Additional attachment(s) added on 9/21/2017: #3 Proposed Order) (DJT). |
| Filing 9 NOTICE of Appearance by John A. Sheffer on behalf of Aleris Rolled Products, Inc. (Sheffer, John) |
| Filing 8 NOTICE of Dismissal of Defendant Northern Electric, Inc. by Advantage Industrial Systems, LLC (Stephens, Angela) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Advantage Industrial Systems, LLC. Aleris Rolled Products, Inc. waiver sent on 8/28/17, answer due 10/27/2017. (Stephens, Angela) Modified date sent on 9/26/2017 (MLG). |
| Filing 6 WAIVER OF SERVICE Returned Executed by Valley Electrical Consolidated, Inc.. Valley Electrical Consolidated, Inc. waiver sent on 9/13/2017, answer due 11/13/2017. (Early, B.) |
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Filing 5
ORDER (EBOC) by Chief Judge Joseph H. McKinley, Jr. on 8/25/2017: This action is hereby REFERRED to the Honorable H. BRENT BRENNENSTUHL, United States Magistrate Judge, for determination of nondispositive matters pursuant to Title 28, U.S.C. 636(b)(1)(A). Said Magistrate is empowered to conduct any hearings necessary for their resolution. cc: counsel (JBM)
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| Filing 4 Summons Issued as to Aleris Rolled Products, Inc., Louisville General Contracting, LLC, Northern Electric, Inc., Valley Electrical Consolidated, Inc.. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: #1 Summons issued, #2 Summons issued, #3 Summons issued, #4 Summons issued, #5 Summons issued, #6 Summons issued, #7 Summons issued) (JBM) |
| Filing 3 Corporate Disclosure Statement by Advantage Industrial Systems, LLC. (JBM) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Chief Judge Joseph H. McKinley, Jr.. (JBM) |
| Filing 1 COMPLAINT against Aleris Rolled Products, Inc., Louisville General Contracting, LLC, Northern Electric, Inc., Valley Electrical Consolidated, Inc. Filing fee $ 400, receipt number 0644-2498724., filed by Advantage Industrial Systems, LLC. (Attachments: #1 Exhibit A - AIS Contract, #2 Exhibit B - AIS Filed Mechanic's Lien, #3 Exhibit C - Notice of Lien filing, #4 Cover Sheet) (JBM) |
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