Warren Environmental, Inc. v. Source One Environmental, LTD et al
| Warren Environmental, Inc. |
| Source One Environmental, LTD, Flex-Seal Couplings, LTD and Fernco Inc. |
| 1:2018cv11513 |
| July 19, 2018 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Plymouth |
| Richard G Stearns |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 86 STIPULATION of Dismissal with Prejudice of All Claims and Counterclaims by Source One Environmental, LTD. (Green, Patrick) |
| Filing 85 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Noting the Status Report filed by Defendant Source One Environmental, Inc. on its bankruptcy case filed in England, the court directs Source One to update this report in 120 days (by September 19, 2022) or upon an order from the UK Bankruptcy Court or the US Bankruptcy Court, whichever occurs first.(Zierk, Marsha) |
| Filing 84 STATUS REPORT (FOURTH) on the Defendant Source One Environmental, LTD.'s Bankruptcy Case by Source One Environmental, LTD. (Green, Patrick) |
| Filing 83 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Noting the Status Report filed by Defendant Source One Environmental's on its bankruptcy case filed in England, the court directs Source One to update this report in 120 days (by May 16, 2022) or upon an order from the UK Bankruptcy Court or the US Bankruptcy Court, whichever occurs first.(Zierk, Marsha) |
| Filing 82 STATUS REPORT on the Defendant Source One Environmental, LTD.'s Bankruptcy Case by Source One Environmental, LTD. (Green, Patrick) |
| Filing 81 Judge Richard G. Stearns: ELECTRONIC ORDER entered. On January 4, 2021, this court ordered the parties to file a status report every ninety days or within three days of the E.D. Michigan Bankruptcy Courts lifting of the stay. The parties last report was filed on July 6, 2021. The parties will file a status report no later than 1/24/22 or show cause why the stay should be continued in this matter. (Zierk, Marsha) |
| Filing 80 STATUS REPORT Plaintiff's Second Status Report on the Defendant Source One Environmental, LTD's Bankruptcy Case Filed in England by Warren Environmental, Inc.. (Attachments: #1 Certificate of Service)(Phillips, Carlin) |
| Filing 79 STATUS REPORT Plaintiff's First Status Report on the Defendant Source One Environmental, LTD's Bankruptcy Case Filed in England by Warren Environmental, Inc.. (Attachments: #1 Certificate of Service)(Phillips, Carlin) |
| Filing 78 NOTICE by Source One Environmental, LTD of Chapter 15 Bankruptcy Recognition and Stay (Green, Patrick) |
| Judge Richard G. Stearns: ORDER entered. In light of the Bankruptcy Courts Order, the matter is STAYED until further Order of that court. This court directs the parties to file status reports every 90 days, and also within 3 days of the E.D. Michigan Bankruptcy Courts lifting of the stay.(RGS, law1) |
| Filing 77 NOTICE by Source One Environmental, LTD of Chapter 15 Bankruptcy Filing and Provisional Stay (Green, Patrick) |
| Filing 76 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The parties having indicated their intention to engage economists/damages experts, the court resets the pretrial schedule as follows:Plaintiff shall designate its expert and serve Rule 26(a)(2) reports no later than 1/29/21; defendant's expert witness, if any, will be designated and Rule 26(a)(2) reports filed no later than 2/19/21. Expert discovery must be completed by 3/18/21.Dispositive motions are due by 4/12/21, with Oppositions due 5/3/21; Reply, if any, by leave of court. (Zierk, Marsha) |
| Filing 75 NOTICE by Warren Environmental, Inc. (Joint Notice of Intention to Use Expert Testimony) by by Warren Environmental and Source One Environmental, Ltd (Weinger, Daniel) |
| Filing 74 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Source One having requested discovery pursuant to Fed. R. Civ. P. 56(d), the court enters the following pretrial schedule:Initial disclosures required by Fed. R. Civ. P. 26(a)(1), if not previously made, must be completed by 8/21/20. Without leave of court, the parties are permitted to serve 30 interrogatories, 30 requests for admissions, and 30 document requests, to be filed within the 30 days of the initial disclosures. The court expects responses to be made in thirty days, unless a compelling request for additional time is granted. A party may not notice more than 3 deponents without leave of court on a showing of good cause. All fact discovery must be completed no later than 1/8/21. Dispositive Motions are due (renewed or refiled) by 1/29/21, with Oppositions to dispositive motions due 2/19/21; Reply, if any, by leave of court. If a party intends to utilize an expert, they must file a notice on the docket no later than 12/7/20, in order for the court to consider whether an expert is appropriate and, if so, to alter the existing schedule (Zierk, Marsha) |
| Filing 73 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #70 Motion for Leave to File Reply to Opposition to Motion for Partial Summary Judgment. (RGS, law2) |
| Filing 72 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #60 Motion for Partial Summary Judgment. The motion for partial summary judgment is denied without prejudice, to be renewed or re-filed after the parties have an opportunity to conduct discovery. The court has thus far authorized only limited jurisdictional discovery in this case. See Dkt # 39. In its opposition to Warren Environmental, Inc. (WEI)'s partial summary judgment motion, Source One Environmental, Ltd. (Source One) makes several arguments that require discovery and invokes Fed. R. Civ. P. 56(d). See In re PHC, Inc. S'holder Litig., 762 F.3d 138, 143 (1st Cir. 2014) ("Under Rule 56(d), '[i]f a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition' to a motion for summary judgment, then the district 'court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order.'") (alteration in original). This case now being limited to Count 1 and dependent Count 2, the court anticipates that the parties will not require more than a few months to conduct discovery moving forward.(RGS, law2) |
| Filing 71 Judge Richard G. Stearns: ORDER entered granting in part and denying in part #50 Motion to Dismiss. Source One's motion to dismiss pursuant to Rule 12(b)(6) is DENIED on Counts 1 and 2 and ALLOWED on Count 3 without prejudice to being refiled in the appropriate court of England.(RGS, law2) |
| Filing 70 Assented to MOTION for Leave to File Reply to Opposition to Motion for Partial Summary Judgment by Warren Environmental, Inc..(Weinger, Daniel) |
| Filing 69 Counter Statement of Material Facts L.R. 56.1 re #60 MOTION for Partial Summary Judgment Against Source One Environmental, Ltd. as to Liablility for Brach of Contract Under Count I of the First Amended Complaint filed by Source One Environmental, LTD. (Attachments: #1 Exhibit A - Affidavit of G. Cartledge, #2 Exhibit B - Companies House Filing, #3 Exhibit C - Companies House Filing, #4 Exhibit D - Affidavit of Counsel re Exhibits)(Green, Patrick) |
| Filing 68 Opposition re #60 MOTION for Partial Summary Judgment Against Source One Environmental, Ltd. as to Liablility for Brach of Contract Under Count I of the First Amended Complaint filed by Source One Environmental, LTD. (Attachments: #1 Exhibit E - Rule 56(d) Declaration)(Green, Patrick) |
| Filing 67 REPLY to Response to #50 MOTION to Dismiss filed by Source One Environmental, LTD. (Green, Patrick) |
| Filing 66 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #65 Motion for Leave to File Reply Brief in Further Support of Motion to Dismiss; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on June 25, 2020 - in the caption of the document. (RGS, law2) |
| Filing 65 MOTION for Leave to File Reply Brief in Further Support of Motion to Dismiss [Dkt #50] by Source One Environmental, LTD. (Attachments: #1 Exhibit A - Proposed Reply Brief)(Green, Patrick) |
| Filing 64 Opposition re #50 MOTION to Dismiss (Plaintiff Warren Environmental, Inc.'s Opposition to Source One Environmental, Ltd.'s Second Motion to Dismiss) filed by Warren Environmental, Inc.. (Attachments: #1 Exhibit - A, #2 Exhibit - B, #3 Exhibit - C)(Wintner, Thomas) |
| Filing 63 AFFIDAVIT of Daniel B. Weinger in Support re #60 MOTION for Partial Summary Judgment Against Source One Environmental, Ltd. as to Liablility for Brach of Contract Under Count I of the First Amended Complaint filed by Warren Environmental, Inc.. (Attachments: #1 Exhibit - 1, #2 Exhibit - 2, #3 Exhibit - 3, #4 Exhibit - 4, #5 Exhibit - 5, #6 Exhibit - 6, #7 Exhibit - 7, #8 Exhibit - 8, #9 Exhibit - 9)(Wintner, Thomas) |
| Filing 62 Statement of Material Facts L.R. 56.1 re #60 MOTION for Partial Summary Judgment Against Source One Environmental, Ltd. as to Liablility for Brach of Contract Under Count I of the First Amended Complaint filed by Warren Environmental, Inc.. (Wintner, Thomas) |
| Filing 61 MEMORANDUM in Support re #60 MOTION for Partial Summary Judgment Against Source One Environmental, Ltd. as to Liablility for Brach of Contract Under Count I of the First Amended Complaint filed by Warren Environmental, Inc.. (Wintner, Thomas) |
| Filing 60 MOTION for Partial Summary Judgment Against Source One Environmental, Ltd. as to Liablility for Brach of Contract Under Count I of the First Amended Complaint by Warren Environmental, Inc..(Wintner, Thomas) |
| Filing 59 ANSWER to Counterclaim by Warren Environmental, Inc..(Wintner, Thomas) |
| Filing 58 NOTICE of Appearance by Daniel B. Weinger on behalf of Warren Environmental, Inc. (Weinger, Daniel) |
| Filing 57 NOTICE of Appearance by Thomas H. Wintner on behalf of Warren Environmental, Inc. (Wintner, Thomas) |
| Filing 56 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #55 Motion to Adjourn Pretrial Schedule Dates. As the plaintiff's response is due today in this aging case, the court will set a new pretrial schedule after ruling on the motion to dismiss. (RGS, law2) |
| Filing 55 Assented to MOTION Adjournment of Pretrial Scheduling Dates re 49 Order,,,,, by Source One Environmental, LTD.(Green, Patrick) |
| Filing 54 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #53 Motion for Extension of Time, in light of plaintiff's new counsel. The court is not inclined to further extension. (RGS, law2) |
| Filing 53 Assented to MOTION for Extension of Time to June 22, 2019 to Oppose Defendants' Second Motion to Dismiss and to Respond to Defendants' Counterclaims by Warren Environmental, Inc.. (Attachments: #1 LR 7.1 Certificate, #2 Certificate of Service)(Phillips, Carlin) |
| Filing 52 ANSWER to #4 Amended Complaint, , COUNTERCLAIM against Warren Environmental, Inc. by Source One Environmental, LTD.(Green, Patrick) |
| Filing 51 MEMORANDUM in Support re #50 MOTION to Dismiss filed by Source One Environmental, LTD. (Attachments: #1 Exhibit License Agreement)(Green, Patrick) |
| Filing 50 MOTION to Dismiss by Source One Environmental, LTD.(Green, Patrick) |
| Filing 49 Judge Richard G. Stearns: ELECTRONIC ORDER entered. An Order having been entered on the motion to dismiss, the court orderes the following pretrial schedule:Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 5/29/20; Motions for leave to Amend Pleadings & Joinder of Parties must be filed by 6/30/20. Without leave of court, the parties are permitted to serve 30 interrogatories, 30 requests for admissions and 30 document requests, to be filed within the 30 days of the initial disclosures. The court expects responses to be made in thirty days, unless a request for additional time is granted. A party may not notice more than 5 deponents without leave of court on a showing of good cause. If the parties would like to utilize the court's mediation program, they must notify our Docket Clerk Arnold Pacho (617-748-9812) no later than 10/30/20, as it may take several weeks to schedule one of our magistrate judges to conduct the mediation. All fact discovery must be completed no later than 12/4/20. Dispositive Motions are due by 1/8/21, with Oppositions to dispositive motions due 1/29/21; Reply, if any, by leave of court. If a party intends to utilize an expert, they must file a notice on the docket no later than 11/2/20, in order for the court to consider whether an expert is appropriate and, if so, to alter the existing schedule (Zierk, Marsha) |
| Filing 48 Judge Richard G. Stearns: ORDER entered granting in part and denying in part #19 Motion to Compel Mediation or, in the Alternative, to Dismiss. The defendants' motion to dismiss for lack of personal jurisdiction over Fernco is ALLOWED, consequently Counts 4 and 5 are dismissed as to Fernco. The defendants' motion to dismiss pursuant to Rule 12(b)(6) is ALLOWED on Counts 1, 2, and 3 with respect to Flex-Seal only, and on Count 4 as to both Flex-Seal and Source One.(RGS, law2) |
| Filing 47 Supplemental MEMORANDUM in Support re #19 MOTION to Compel and/or Dismiss filed by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (under seal), #6 Exhibit 6 (under seal), #7 Exhibit 7 (under seal), #8 Exhibit 8, #9 Exhibit 9 (under seal), #10 Exhibit 10 (under seal), #11 Exhibit 11 (under seal), #12 Exhibit 12 (under seal), #13 Exhibit 13 (under seal), #14 Exhibit 14 (under seal), #15 Exhibit 15 (under seal), #16 Exhibit 16 (under seal), #17 Exhibit 17 (under seal), #18 Exhibit 18 (under seal), #19 Exhibit 19 (under seal))(Dallaire, Michael) (Attachment 1 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 5 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 6 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 7 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 9 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 10 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 11 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 12 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 13 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 14 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 15 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 16 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 17 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 18 replaced on 1/29/2020) (Pacho, Arnold). (Attachment 19 replaced on 1/29/2020) (Pacho, Arnold). |
| Filing 46 Supplemental Opposition re #19 MOTION to Compel and/or Dismiss filed by Warren Environmental, Inc.. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3, #4 Exhibit Ex 4, #5 Exhibit Ex 5, Under Seal, #6 Exhibit Ex 6, Under Seal, #7 Exhibit Ex 7, Under Seal, #8 Exhibit Ex 8, Under Seal, #9 Exhibit Ex 9, Under Seal, #10 Exhibit Ex 10, Under Seal, #11 Exhibit Ex 11, Under Seal, #12 Exhibit Ex 12, Under Seal, #13 Exhibit Ex 13, Under Seal, #14 Exhibit Ex 14, Under Seal, #15 Certificate of Service)(Phillips, Carlin) (Attachment 5 replaced on 1/17/2020) (Pacho, Arnold). (Attachment 6 replaced on 1/17/2020) (Pacho, Arnold). (Attachment 7 replaced on 1/17/2020) (Pacho, Arnold). (Attachment 8 replaced on 1/17/2020) (Pacho, Arnold). (Attachment 9 replaced on 1/17/2020) (Pacho, Arnold). (Attachment 10 replaced on 1/17/2020) (Pacho, Arnold). (Attachment 11 replaced on 1/17/2020) (Pacho, Arnold). (Attachment 12 replaced on 1/17/2020) (Pacho, Arnold). (Attachment 13 replaced on 1/17/2020) (Pacho, Arnold). (Attachment 14 replaced on 1/17/2020) (Pacho, Arnold). |
| Filing 45 Judge Richard G. Stearns: ORDER entered granting #44 Motion for Protective Order per the parties' stipulation. (Tang, Danni) |
| Filing 44 MOTION for Protective Order Concerning Confidentiality (Stipulated) by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD.(Green, Patrick) |
| Filing 43 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #42 Response to Court Order, filed by Warren Environmental, Inc. Defendants to serve complete responses to plaintiff's jurisdictional written discovery requests no later than 12/31/2019. Plaintiff's supplemental opposition to the defendant's motion to dismiss to be filed no later than 1/14/2010, defendants' response to be filed no later than 1/28/2020. (Tang, Danni) |
| Filing 42 RESPONSE TO COURT ORDER by Warren Environmental, Inc. re 41 Order on Motion for Protective Order,,, Report to Court on Status of U.K. Depositions and Jurisdictional Discovery. (Attachments: #1 Certificate of Service)(Phillips, Carlin) |
| Filing 41 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #40 Motion for Protective Order. The parties may jointly elect to proceed with the depositions of Mr. Leyland and/or Mr. Crean (whether in Boston or the U.K.) on 12/17/2019 and 12/18/2019, with Fernco participating by videoconferencing, or in the alternative, the parties to jointly select mutually available dates to conduct the depositions in person, to be completed no later than 1/16/2020. The parties to notify the court of their election no later than 12/12/2019. This case having been pending for well more than a year with motions to dismiss still pending, the court will not grant further extensions to complete jurisdictional discovery. (Tang, Danni) |
| Filing 40 Emergency MOTION for Protective Order Regarding Jurisdictional Depositions to Occur Overseas by Fernco Inc..(Green, Patrick) |
| Filing 39 Judge Richard G. Stearns: ORDER entered granting #32 Motion for Discovery. Massachusetts-based plaintiff Warren Environmental, Inc. (WEI) filed this lawsuit against UK defendants Source One Environmental, Ltd., Flex-Seal Couplings, Ltd, and their Michigan corporate parent Fernco, Inc., for allegedly failing to maintain, as required by a license agreement, WEI's European patent for its epoxy pumping system. Defendants move to dismiss on the grounds, inter alia, that Fernco is not subject to personal jurisdiction in Massachusetts. Fernco contends, and WEI implicitly agrees, that Fernco does not have sufficient "continuous and systematic" contacts with Massachusetts to be subject to general jurisdiction in this forum. See Daimler AG v. Bauman, 571 U.S. 117, 127 (2014). Fernco also denies specific personal jurisdiction, arguing that it is not a party to any agreement with WEI, it did not conduct any business with WEI in Massachusetts, and that its contacts with Massachusetts did not give rise to WEI's claims. WEI, for its part, relying on an agency theory of specific jurisdiction, see Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 55 (1st Cir. 2002) ("For purposes of personal jurisdiction, the actions of an agent may be attributed to the principal."), asserts (through the affidavit of WEI principal Danny Warren) that negotiations with the UK entities were initiated and controlled by Chris Cooper, Fernco's CEO, and that WEI was required to obtain, in Michigan, the personal approval of Fernco's founder prior to engaging in business with its subsidiaries. Although Fernco correctly notes that the "'strong' presumption of corporate independence may only be overcome by 'clear evidence' of parental subjugation," In re Lupron Mktg. & Sales Practices Litig., 245 F. Supp. 2d 280, 291 (D. Mass. 2003), WEI has made a colorable claim for specific jurisdiction at this early motion to dismiss stage to warrant jurisdictional discovery, see Blair v. City of Worcester, 522 F.3d 105, 111 (1st Cir. 2008) ("[T]he threshold showing that a plaintiff must present to the district court to merit limited discovery is relatively low."). The case for relevant discovery is further bolstered by Fernco reliance on Cooper's affidavit to refute Warren's. Accordingly, the court will allow WEI's request to seek written jurisdictional discovery of defendants and to take the depositions of the two identified former executives of Source One and Flex Seal, to be completed no later than 12/18/2019. The court takes no position, at this time, on the confidentiality agreements concerning these two proposed deponents alluded to by the parties - these agreements are not before the court (and they appear to concern the relationship between the UK entities and their former employees). In the unlikely event that jurisdictional discovery may require the disclosure of any confidential information, the court reminds the parties that its default protective order governs until such a time the parties seek the entry of a case-specific order. WEI is to submit a further statement, with supporting evidence, setting out the prima facie case for the court's exercise of personal jurisdiction over Fernco, no later than 1/8/2020. Fernco may submit a response no later than 1/22/2020. The court will resolve the motion to dismiss in its entirety after these submissions. (Tang, Danni) |
| Filing 38 REPLY to Response to #19 MOTION to Compel (CORRECTED) filed by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD. (Attachments: #1 Affidavit)(Dallaire, Michael) |
| Filing 37 REPLY to Response to #19 MOTION to Compel Mediation or, in the Alternative, to Dismiss filed by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD. (Attachments: #1 Affidavit)(Rogers, David) |
| Filing 36 Opposition re #32 MOTION for Discovery "Plaintiff's Motion for Leave to Conduct Limited Discovery Regarding Personal Jurisdiction" filed by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD. (Rogers, David) |
| Filing 35 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #34 Motion for Leave to File Reply re motion to dismiss of no more than 10 pages no later than 10/4/2019. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Tang, Danni) |
| Filing 34 MOTION for Leave to File Reply Brief in Support of Motion to Compel Mediation, or in the Alternative, to Dismiss by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD.(Rogers, David) |
| Filing 33 MEMORANDUM in Support re #32 MOTION for Discovery "Plaintiff's Motion for Leave to Conduct Limited Discovery Regarding Personal Jurisdiction" filed by Warren Environmental, Inc.. (Attachments: #1 Certificate of Service)(Phillips, Carlin) |
| Filing 32 MOTION for Discovery "Plaintiff's Motion for Leave to Conduct Limited Discovery Regarding Personal Jurisdiction" by Warren Environmental, Inc.. (Attachments: #1 LR 7.1 Certificate, #2 Certificate of Service)(Phillips, Carlin) |
| Filing 31 Opposition re #19 MOTION to Compel Mediation, or in the Alternative, to Dismiss filed by Warren Environmental, Inc.. (Attachments: #1 Exhibit A, Licensing Agreement, #2 Exhibit B, Assignment of Rights, #3 Exhibit C, Warren Affidavit, #4 Certificate of Service)(Phillips, Carlin) |
| Filing 30 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #29 Motion to Stay for an additional 60 days in light of the parties' representation that they have agreed to an informal exchange of documents to facilitate a possible settlement. The stay will expire on 8/19/2019. Plaintiff's opposition to the motion to dismiss to be filed no later than 9/18/2019. Because this case will have been pending for more than one year at that that time, the court does not anticipate allowing any further delays without very good cause. (Tang, Danni) |
| Filing 29 Joint MOTION to Stay re 27 Order on Motion to Stay, And Continue Briefing to Explore Settlement Post Mediation by Warren Environmental, Inc.. (Attachments: #1 Certificate of Service)(Phillips, Carlin) |
| Filing 28 STATUS REPORT Regarding June 11, 2019 Mediation, Jointly Filed by Warren Environmental, Inc.. (Attachments: #1 Certificate of Service)(Phillips, Carlin) |
| Filing 27 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #26 Motion to Stay. The parties will report to the Court on June 12, 2019, whether they have settled the matter. If not, Warren Environmental will respond to ECF No. #19 MOTION to Compel and in the alternative to dismiss by June 28, 2019. (McDonagh, Christina) |
| Filing 26 Joint MOTION to Stay re Case Stayed, #25 Order on Motion to Stay Due to Scheduled Mediation by Warren Environmental, Inc.. (Attachments: #1 Certificate of Service)(Phillips, Carlin) |
| Filing 25 Judge Richard G. Stearns: ORDER entered granting #24 Motion to Stay (Zierk, Marsha) |
| Filing 24 Joint MOTION to Stay re #19 MOTION to Compel and Reserve Defenses Pending the Outcome of Mediation by Warren Environmental, Inc.. (Attachments: #1 Exhibit A, Proposed Order, #2 Certificate Pursuant to LR 7.1, #3 Certificate of Service)(Phillips, Carlin) |
| Judge Richard G. Stearns: ORDER entered. Case stayed until February 27, 2019. (Pacho, Arnold) |
| Filing 23 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #22 Motion for Extension of Time until November 30, 2018 to File Opposition re #19 MOTION to Compel or, in the alternative, to Dismiss. (Pacho, Arnold) |
| Filing 22 Assented to MOTION for Extension of Time to 11/30/2018 to Oppose Defendant's Motion to Compel or, in the alternative, to Dismiss by Warren Environmental, Inc.. (Attachments: #1 Certificate Pursuant to L.R. 7.1, #2 Certificate of Service)(Phillips, Carlin) |
| Filing 21 Notice of correction to docket made by Court staff. Correction: Duplicate Motion to Compel [dkt.20] deleted. Memorandum in Support and Exhibits filed as a separate docket entry. Counsel is reminded to review the Court's CM/ECF administrative procedures. (Pacho, Arnold) |
| Filing 20 MEMORANDUM in Support re #19 MOTION to Compel filed by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD. (Attachments: #1 Exhibits) (Pacho, Arnold) |
| Filing 19 MOTION to Compel by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD.(Rogers, David) (Main Document 19 replaced on 11/1/2018) (Pacho, Arnold). Modified on 11/1/2018 to separate memo and exhibits, see dkt.20 (Pacho, Arnold). |
| Filing 18 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #14 Defendants' Motion for Leave to File Excess Pages. (Pacho, Arnold) |
| Filing 17 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #13 Motion for Leave to Appear Pro Hac Vice. Added Michael L. Dallaire. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Filing 16 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #12 Motion for Leave to Appear Pro Hac Vice. Added J. Benjamin Dolan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Filing 15 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #11 Motion for Leave to Appear Pro Hac Vice. Added Patrick B. Green. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Filing 14 MOTION for Leave to File Excess Pages by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD.(Rogers, David) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice for admission of Michael L. Dallaire Filing fee: $ 100, receipt number 0101-7389667 by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD.(Rogers, David) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice for admission of J. Benjamin Dolan Filing fee: $ 100, receipt number 0101-7389634 by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD.(Rogers, David) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice for admission of Patrick B. Green Filing fee: $ 100, receipt number 0101-7389588 by Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD.(Rogers, David) |
| Filing 10 NOTICE of Appearance by David M. Rogers on behalf of Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD (Rogers, David) |
| Filing 9 SUMMONS Returned Executed Fernco Inc. served on 10/3/2018, answer due 10/24/2018. (Attachments: #1 Certificate of Service)(Phillips, Carlin) |
| Filing 8 SUMMONS Returned Executed Flex-Seal Couplings, LTD served on 9/19/2018, answer due 10/10/2018. (Attachments: #1 Exhibit 1, Hague Convention Request, #2 Certificate of Service)(Phillips, Carlin) |
| Filing 7 SUMMONS Returned Executed Source One Environmental, LTD served on 9/19/2018, answer due 10/10/2018. (Attachments: #1 Exhibit Exhibit 1, Hague Convention Request, #2 Certificate of Service)(Phillips, Carlin) |
| Filing 6 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying in part #5 Motion for Extension of Time. The court cannot imagine that a diligent party would require seven months to make service on English defendants. The court expects service to be completed in this case no later than November 30, 2018. (Zierk, Marsha) |
| Filing 5 MOTION for Extension of Time to 2/14/2019 to Effect Service (by an Additional 120 Days) by Warren Environmental, Inc..(Phillips, Carlin) |
| Filing 4 AMENDED COMPLAINT against All Defendants, filed by Warren Environmental, Inc.. (Attachments: #1 Exhibit 1 (Reinstatement Filing), #2 Exhibit 2 (EPO Preliminary Decision), #3 Exhibit 3 (Cartledge Statement), #4 Exhibit 4 (EPO Decision))(Phillips, Carlin) |
| Filing 3 Summons Issued as to Fernco Inc., Flex-Seal Couplings, LTD, Source One Environmental, LTD. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McKillop, Matthew) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Danieli, Chris) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7237857 (Fee Status: Filing Fee paid), filed by Warren Environmental, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet, #6 Category Sheet)(Phillips, Carlin) (Attachment 5 replaced on 7/20/2018) (McKillop, Matthew). (Attachment 6 replaced on 7/20/2018) (McKillop, Matthew). |
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