RSM Richter, Inc v. Behr America, Incorporated
| Aleris Aluminum Canada LP and RSM Richter, Inc |
| Behr America, Incorporated |
| 2:2009cv10734 |
| February 26, 2009 |
| US District Court for the Eastern District of Michigan |
| Detroit Office |
| Wayne |
| Gerald E Rosen |
| Donald A Scheer |
| Contract: Other |
| 28 U.S.C. § 1346 |
| None |
Docket Report
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This docket was last retrieved on May 14, 2014. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 92
ORDER of Dismissal. Signed by District Judge Gerald E. Rosen. (JOwe)
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| Filing 91 RESPONSE to #86 MOTION for Summary Judgment filed by Aleris Aluminum Canada LP, RSM Richter, Inc. (Attachments: #1 Exhibit Ex. 11 (Charles Dep.), #2 Exhibit Ex. 12 (Daoust Dep.), #3 Exhibit Ex. 13 (Skwarek Dep.), #4 Exhibit Ex. 14 (Terms and Conditions)) (Parker, John) |
| Filing 90 RESPONSE to #88 MOTION for Summary Judgment filed by Behr America, Incorporated. (Stoops, Kevin) |
| Filing 89 Notice of Determination of Motion Without Oral Argument re #88 MOTION for Summary Judgment , #86 MOTION for Summary Judgment (JOwe) |
| Filing 88 MOTION for Summary Judgment by Aleris Aluminum Canada LP, RSM Richter, Inc. (Attachments: #1 Exhibit Ex. 1 (Deposition of R. Skwarek), #2 Exhibit Ex. 2 (2005-2007 Supply Agreement), #3 Exhibit Ex. 3 (8/31/2007 Email), #4 Exhibit Ex. 4 (9/4/2007 Email), #5 Exhibit Ex. 5 (12/21/2007 Email), #6 Exhibit Ex. 6 (Deposition of David Charles), #7 Exhibit Ex. 7 (Deposition of Daniel Daoust), #8 Exhibit Ex. 8 (Email 11/30/2007), #9 Exhibit Ex. 9 (Behr Terms and Conditions), #10 Exhibit Ex. 10 (Emails between Daoust and Skwarek)) (Parker, John) |
| Filing 87 SEALED EXHIBIT re #86 MOTION for Summary Judgment by Behr America, Incorporated. (Attachments: #1 Exhibit E - Email - Filed Under Seal, #2 Exhibit F - Email - Filed Under Seal, #3 Exhibit G - Email - Filed Under Seal, #4 Exhibit L - Email - Filed Under Seal, #5 Exhibit Q - Email - Filed Under Seal, #6 Exhibit R - Email - Filed Under Seal, #7 Exhibit T - Email - Filed Under Seal, #8 Exhibit U - Email - Filed Under Seal, #9 Exhibit V - Metal Release Charts - Filed Under Seal, #10 Exhibit W - Email - Filed Under Seal, #11 Exhibit Y - Email - Filed Under Seal, #12 Exhibit Z - Email - Filed Under Seal, #13 Exhibit AA - Email - Filed Under Seal, #14 Exhibit BB - Email - Filed Under Seal, #15 Exhibit CC - Email - Filed Under Seal, #16 Exhibit DD - Email - Filed Under Seal, #17 Exhibit EE - Email - Filed Under Seal, #18 Exhibit GG - Email - Filed Under Seal) (Stoops, Kevin) |
| Filing 86 MOTION for Summary Judgment by Behr America, Incorporated. (Attachments: #1 Index of Exhibits Exhibit List, #2 Exhibit A - Skwark Dep, #3 Exhibit B - Daoust Dep, #4 Exhibit C - Charles Dep, #5 Exhibit D - 2005-2007 Contract, #6 Exhibit E - Email - Filed Under Seal, #7 Exhibit F - Email - Filed Under Seal, #8 Exhibit G - Email - Filed Under Seal, #9 Exhibit H - 2008 Volume Forecast, #10 Exhibit I - Meeting Notes, #11 Exhibit J - Email, #12 Exhibit K - Email, #13 Exhibit L - Email - Filed Under Seal, #14 Exhibit M - Email Chain, #15 Exhibit N - Email, #16 Exhibit O - Email, #17 Exhibit P - Email, #18 Exhibit Q - Email - Filed Under Seal, #19 Exhibit R - Email - Filed Under Seal, #20 Exhibit S - Draft Contract, #21 Exhibit T - Email - Filed Under Seal, #22 Exhibit U - Email - Filed Under Seal, #23 Exhibit V - Metal Release Charts - Filed Under Seal, #24 Exhibit W - Email - Filed Under Seal, #25 Exhibit X - Email, #26 Exhibit Y - Email - Filed Under Seal, #27 Exhibit Z - Email - Filed Under Seal, #28 Exhibit AA - Email - Filed Under Seal, #29 Exhibit BB - Email - Filed Under Seal, #30 Exhibit CC - Email - Filed Under Seal, #31 Exhibit DD - Email - Filed Under Seal, #32 Exhibit EE - Email - Filed Under Seal, #33 Exhibit FF - Letter, #34 Exhibit GG - Email - Filed Under Seal, #35 Exhibit HH - Letter, #36 Exhibit II - Letter, #37 Exhibit JJ - Letter, #38 Exhibit KK - Lara Affidavit, #39 Exhibit LL - Ding Affidavit, #40 Exhibit MM - Banules Affidavit, #41 Exhibit NN - Martin Affidavit, #42 Exhibit OO - Nagel Affidavit, #43 Exhibit PP - Damage Chart, #44 Exhibit QQ - Heintz Affidavit, #45 Exhibit RR - Bodek Affidavit, #46 Exhibit SS - Leon Affidavit, #47 Exhibit TT - Accounts Payable Reports, #48 Exhibit UU - Act 97(3), #49 Exhibit VV 2008 CarswellOnt 1118, #50 Exhibit WW - 2004 CarswellNB 7085) (Stoops, Kevin) |
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Filing 85
ORDER granting in part Defendant's Ex-Parte #84 Motion for Leave to Exceed Page Limit for Brief in Support of Defendant's Motion for Summary Judgment. Signed by District Judge Gerald E. Rosen. (JOwe)
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| Filing 84 Ex Parte MOTION for Leave to File Excess Pages for Brief in Support of Defendant's Motion for Summary Judgment by Behr America, Incorporated. (Stoops, Kevin) |
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Filing 83
SCHEDULING ORDER., ( Cross Motions for Summary Judgment due by 12/31/2013, Responses due by 1/10/2014) Signed by District Judge Gerald E. Rosen. (JOwe)
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| Minute Entry for proceedings held before District Judge Gerald E. Rosen: Status Conference held on 10/31/2013 (JOwe) |
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Filing 82
STIPULATION AND ORDER for Substitution of Counsel. Signed by District Judge Gerald E. Rosen. (PMil)
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| Filing 81 NOTICE TO APPEAR: Status Conference set for 10/31/2013 10:00 AM before District Judge Gerald E. Rosen (JOwe) |
| Filing 80 MANDATE from U.S. Court of Appeals - Sixth Circuit as to #76 Notice of Appeal filed by RSM Richter, Inc, Aleris Aluminum Canada LP [Appeal Case Number 12-2429] (KKra) |
| Filing 79 JUDGMENT from U.S. Court of Appeals - Sixth Circuit re #76 Notice of Appeal filed by RSM Richter, Inc, Aleris Aluminum Canada LP - Disposition: The district court's order of September 26, 2012 is REVERSED, and the case REMANDED for adjudication of Behr's setoff defense [Appeal Case Number 12-2429] (KKra) |
| Filing 78 Certificate of Service re #76 Notice of Appeal. (ATee) |
| Filing 77 Certificate of Service re #76 Notice of Appeal. (TMcg) |
| Filing 76 NOTICE OF APPEAL by All Plaintiffs re #75 Order on Motion to Reopen Case. Receipt No: 0645-3779505 - Fee: $ 455 - Fee Status: Fee Paid. (Lindsey, Sarah) |
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Filing 75
ORDER denying #72 Motion to Reopen Case Signed by District Judge Gerald E. Rosen. (SJa)
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| Filing 74 REPLY to Response re #72 MOTION to Reopen Case filed by All Plaintiffs. (Attachments: #1 Exhibit 4 - 11/23/11 Hearing Transcript) (Lindsey, Sarah) |
| Filing 73 RESPONSE to #72 MOTION to Reopen Case filed by Behr America, Incorporated. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit A - Notice to Suspend Proceedings, #3 Exhibit B - November 23, 2011 State Court Order, #4 Exhibit C - July 22, 2009 State Court Order) (Stoops, Kevin) |
| Filing 72 MOTION to Reopen Case by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Motion to Re-Open Case in State Court, #3 Exhibit 2 - Behrs Opposition to Motion to Re-Open Case in State Court, #4 Exhibit 3 - 11/23/11 State Court Order) (Lindsey, Sarah) |
| Filing 71 SATISFACTION OF JUDGMENT as to Behr America, Incorporated Satisfaction of Partial Judgment by Aleris Aluminum Canada LP (Lindsey, Sarah) |
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Filing 70
ORDER FOR ADMINISTRATIVE CLOSING. Signed by District Judge Gerald E. Rosen. (RGun)
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| Filing 69 RESPONSE TO ORDER TO SHOW CAUSE by RSM Richter, Inc. (Lindsey, Sarah) |
| Filing 68 RESPONSE TO ORDER TO SHOW CAUSE of the Court's February 18, 2011 Order by Behr America, Incorporated. (Stoops, Kevin) |
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Filing 67
ORDER for All Parties to Show Cause why this case should not be administratively closed, without prejudice, pending a decision by the Oakland County Circuit Court in the matter of Behr America, Inc. v Aleris International, et al, Oakland Co. Cir. Ct. No. 2008-093109-CK. Signed by District Judge Gerald E Rosen. (RGun)
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| Filing 66 PARTIAL JUDGMENT in favor of plaintiff in the amount of $1,059,357.17 plus pre-judgment interest at a rate of 5% per annum from the dates that the invoices should have been paid by Behr until paid or until final judgment is entered. Signed by District Judge Gerald E Rosen. (RGun) |
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Filing 65
OPINION AND ORDER GRANTING PLAINTIFF'S #50 MOTION for Summary Judgment, IN PART. Signed by District Judge Gerald E Rosen. (RGun)
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| Filing 64 NOTICE OF CANCELLING FINAL PRETRIAL CONFERENCE AND TRIAL DATE. (RGun) |
| Filing 63 SUR-REPLY re #50 MOTION for Summary Judgment and Brief in Support filed by Behr America, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Opinion and Order, #3 Exhibit B - Valeos Response to Aleris Motion for Summary Judgment) (Stoops, Kevin) |
| Filing 62 NOTICE by RSM Richter, Inc re #50 MOTION for Summary Judgment and Brief in Support - Notice of Supplemental Authority in Support of Plaintiff's Motion for Summary Judgment (Attachments: #1 Exhibit Exhibit 1 - Opinion and Order) (Patel, Jeena) |
| Filing 61 REPLY to Response re #50 MOTION for Summary Judgment and Brief in Support filed by Aleris Aluminum Canada LP. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Deposition transcript of Richard J. Skwarek, Jr. (taken 3-5-2010) - excerpts, #3 Exhibit 2 - In re Midway Motor Sales, Inc., 407 B.R. 442 (B.A.P. 6th Cir. 2009)) (Patel, Jeena) |
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Filing 60
ORDER granting Defendant's #56 Ex Parte Motion for Leave to Exceed Page Limit. Signed by District Judge Gerald E Rosen. (RGun)
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TEXT-ONLY ORDER Granting #57 MOTION for Leave to File Excess Pages filed by Aleris Aluminum Canada LP. Signed by District Judge Gerald E Rosen. (RGun)
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| Filing 59 AFFIDAVIT of Patricia Leon re #53 Response to Motion,,,,,,,, by All Defendants (Stoops, Kevin) |
| Filing 58 ATTORNEY APPEARANCE: Jeena S. Patel appearing on behalf of Aleris Aluminum Canada LP, RSM Richter, Inc (Patel, Jeena) |
| Filing 57 MOTION for Leave to File Excess Pages by Aleris Aluminum Canada LP. (Lindsey, Sarah) |
| Filing 56 Ex Parte MOTION for Leave to File Excess Pages by Behr America, Incorporated. (Stoops, Kevin) |
| Filing 55 NOTICE of Error re #52 Ex Parte MOTION for Leave to File Excess Pages for Brief in Opposition to Plaintiff's Motion for Summary Judgment. (DWor) |
| Filing 54 SEALED EXHIBIT re #53 Response to Motion,,,,,,,, by All Defendants. (Attachments: #1 Exhibit E - 10-20-06 E-Mail, #2 Exhibit F - 5-29-07 E-Mail, #3 Exhibit G - 7-6-09 E-Mail, #4 Exhibit L - 9-20-07 E-Mail, #5 Exhibit Q - 11-30-07 E-Mail, #6 Exhibit R - 11-30-07 E-Mail, #7 Exhibit T - 12-20-07 E-Mail, #8 Exhibit U - 12-21-07 E-Mail, #9 Exhibit V - Monthly Metal Release Charts, #10 Exhibit W - 1-9-08 E-Mail, #11 Exhibit Y - 1-21-08 E-Mail, #12 Exhibit Z - 3-20-08 E-Mail, #13 Exhibit AA - 3-13-08 E-Mail, #14 Exhibit BB - 4-4-08 E-Mail, #15 Exhibit CC - 4-23-08 E-Mail, #16 Exhibit DD - 5-19-08 Letter, #17 Exhibit EE - 5-26-08 E-Mail, #18 Exhibit GG - 7-4-08 E-Mail) (Stoops, Kevin) |
| Filing 53 RESPONSE to #50 MOTION for Summary Judgment and Brief in Support filed by All Defendants. (Attachments: #1 Index of Exhibits List of Exhibits, #2 Exhibit A Deposition of Richard Skwark, #3 Exhibit B Deposition of Daniel Daoust, #4 Exhibit C Deposition of David Charles, #5 Exhibit D 2005-2007 Contract, #6 Exhibit E -Filed Under Seal, #7 Exhibit F -Filed Under Seal, #8 Exhibit G Filed Under Seal, #9 Exhibit H 2008 Volume Forecase, #10 Exhibit I 8-28-07 Meeting Notes, #11 Exhibit J 8-31-07 E-Mail, #12 Exhibit K 9-4-07 E-Mail, #13 Exhibit L Filed Under Seal, #14 Exhibit M 11-23-07 E-Mail Chain, #15 Exhibit N 11-26-07 E-Mail, #16 Exhibit O 11-26-07 E-Mail, #17 Exhibit P 11-30-07 E-Mail, #18 Exhibit Q FIled Under Seal, #19 Exhibit R Filed Under Seal, #20 Exhibit S 12-4-07 Draft Contract, #21 Exhibit T Filed Under Seal, #22 Exhibit U Filed Undre Seal, #23 Exhibit V Filed Under Seal, #24 Exhibit W Filed Under Seal, #25 Exhibit X 1-10-09 E-Mail, #26 Exhibit Y Filed Under Seal, #27 Exhibit Z Filed Under Seal, #28 Exhibit AA Filed Under Seal, #29 Exhibit BB Filed Under Seal, #30 Exhibit CC Filed Under Seal, #31 Exhibit DD Filed Under Seal, #32 Exhibit EE Filed Under Seal, #33 Exhibit FF 7-2-08 Letter, #34 Exhibit GG Filed Undre Seal, #35 Exhibit HH 7-12-08 Letter, #36 Exhibit II 7-17-08 Letter, #37 Exhibit JJ 7-17-08 Letter, #38 Exhibit KK Affidavit of W. Lara, #39 Exhibit LL Affidavit of Y. Ding, #40 Exhibit MM Affidavit of R. Banules, #41 Exhibit NN Affidavit of K. Martin, #42 Exhibit OO Affidavit of D Nagel, #43 Exhibit PP Damage Chart, #44 Exhibit QQ Affidavit of D. Heintz, #45 Exhibit RR Affidavit of S. Bodek, #46 Exhibit SS Affidavit of P. Leon, #47 Exhibit TT Accounts Payable Reports, #48 Exhibit UU Canadian Bankruptcy and Insolvency Act, #49 Exhibit VV 2008 Carswell Ont 1118, #50 Exhibit WW 2004 CarswellNB 705) (Stoops, Kevin) |
| Filing 52 [STRICKEN] Ex Parte MOTION for Leave to File Excess Pages for Brief in Opposition to Plaintiff's Motion for Summary Judgment by All Defendants. (Stoops, Kevin) Modified on 4/27/2010 (DWor). |
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Filing 51
STIPULATED AMENDED PROTECTIVE ORDER. Signed by District Judge Gerald E Rosen. (RGun)
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| Filing 50 MOTION for Summary Judgment and Brief in Support by Aleris Aluminum Canada LP. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Deposition transcript of Richard J. Skwarek, Jr. (taken 3-5-2010 - excerpts, #3 Exhibit 2 - Complaint, #4 Exhibit 3 - Behr's Responses to Plaintiff's First Requests for Admission, Interrogatories and Requests for Production of Documents, #5 Exhibit 4 - Opinion and Order - dated 7-29-09, #6 Exhibit 5 - TVI, Inc. v. Infosoft Tech., Inc., No. 4:06-cv-697, 2007 WL 3565208 (E.D. Mo. Nov. 15, 2007)) (Lindsey, Sarah) |
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Filing 49
STIPULATION AND ORDER re #43 MOTION to Compel Signed by Magistrate Judge Donald A Scheer. (MLan)
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| Filing 48 NOTICE of hearing on #43 MOTION to Compel. Resolved/Unresolved Issues due by 3/12/2010. Motion Hearing set for 3/16/2010 02:00 PM before Magistrate Judge Donald A Scheer. (MLan) |
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Filing 47
ORDER RE: DEFENDANT'S #44 Motion to Extend Scheduling Order. NO FURTHER EXTENSIONS OF DEADLINES WILL BE ALLOWED. Signed by District Judge Gerald E Rosen. (RBri)
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Filing 46
ORDER REFERRING MOTION to Magistrate Judge Donald A Scheer: #43 MOTION to Compel filed by Behr America, Incorporated. Signed by District Judge Gerald E Rosen. (RBri)
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| Set/Reset Scheduling Order Deadlines: Discovery due by 3/1/2010, Dispositive Motion Cut-off set for 4/1/2010, Final Pretrial Conference set for 7/1/2010 11:00 AM before District Judge Gerald E Rosen, Trailing Trial Docket set for 7/6/2010. (RBri) |
| Filing 45 FINAL WITNESS LIST by Behr America, Incorporated (Stoops, Kevin) |
| Filing 44 MOTION TO EXTEND Scheduling Order Dates re: Disposition Motion Cut-Off re #39 Order on Motion to Extend by Behr America, Incorporated. (Attachments: #1 Index of Exhibits List of Exhibits, #2 Exhibit A - 1.10.10 email from Lindsey to Stoops, #3 Exhibit B - 1.20.10 email from Lindsey to Stoops, #4 Exhibit C - 1.28.10 email from Lindsey to Stoops, #5 Exhibit D - 2.9.10 email from Stoops to Lindsey, #6 Exhibit E - 2.10.10 email from Parker to Stoops, #7 Exhibit F - 2.11.10 email from Stoops to Parker) (Stoops, Kevin) |
| Filing 43 MOTION to Compel by Behr America, Incorporated. (Attachments: #1 Index of Exhibits List of Exhibits, #2 Exhibit A - Rsps to Def's 1st Interrogs & Doc Req, #3 Exhibit B - Pl's Initial Disclosures, #4 Exhibit C - 1.27.10 email from Stoops to Lindsey, #5 Exhibit D - 1.29.10 email from Stoops to Lindsey, #6 Exhibit E - 2-12-10 email from Stoops to Lindsey, #7 Exhibit F - 2.12.10 email from Stoops to Lindsey) (Stoops, Kevin) |
| Filing 42 Plaintiff's Trial WITNESS LIST by Aleris Aluminum Canada LP (Lindsey, Sarah) |
| Filing 41 Preliminary WITNESS LIST by RSM Richter, Inc (Lindsey, Sarah) |
| Filing 40 Preliminary WITNESS LIST by Behr America, Incorporated (Young, Jesse) |
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Filing 39
ORDER EXTENDING SCHEDULING ORDER DATES re #38 Motion to Extend. Signed by District Judge Gerald E Rosen. (RBri)
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| RESET Scheduling Order Deadlines: Discovery due by 2/1/2010, Dispositive Motion Cut-off set for 3/1/2010, Final Pretrial Conference set for 6/3/2010 11:00 AM before District Judge Gerald E Rosen, Trailing Trial Docket set for 6/8/2010. (RBri) |
| Filing 38 Joint MOTION TO EXTEND Scheduling Order Dates by Behr America, Incorporated. (Stoops, Kevin) |
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Filing 37
ORDER GRANTING SUBSTITUTION OF COUNSEL. Attorney Paul P. Asker terminated. Signed by District Judge Gerald E Rosen. (RBri)
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Filing 36
STIPULATION AND ORDER re #26 MOTION to Compel. Signed by Magistrate Judge Donald A Scheer. (MLan)
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| Filing 35 NOTICE of Appearance by William Mitchell, III on behalf of Behr America, Incorporated. (Mitchell, William) |
| Filing 34 NOTICE of Appearance by Jesse L. Young - NOT SWORN on behalf of Behr America, Incorporated. (Young - NOT SWORN, Jesse) |
| Filing 33 NOTICE by Behr America, Incorporated Notice of Substitution of Counsel for Defendant Behr America, Inc. (Stoops, Kevin) |
| Filing 32 NOTICE of Appearance by Kevin J. Stoops on behalf of Behr America, Incorporated. (Stoops, Kevin) |
| Minute Entry - Reset Motion Hearings as to #26 MOTION to Compel: Resolved/Unresolved Issues due by 11/20/2009 Motion Hearing set for 11/24/2009 02:00 PM before Magistrate Judge Donald A Scheer (MLan) |
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Filing 31
ORDER WITH STIPULATION GRANTING SUBSTITUTION OF PLAINTIFF. RSM Richter, Inc rep by Sarah C. Lindsey, William R. Jansen, John D. Parker added. Aleris Aluminum Canada LP terminated. Signed by District Judge Gerald E Rosen. (PMil)
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| Reset Deadlines as to #26 MOTION to Compel. Motion Hearing time changed to 10:00 AM on 10/15/2009 before Magistrate Judge Donald A Scheer. (MLan) |
| Filing 30 RESPONSE to #26 MOTION to Compel Brief in Support and Certificate of Service Index and Exhibits filed by Behr America, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Asker, Paul) Modified on 9/29/2009 (DWor). [FILING ERROR - WRONG DOCKET EVENT SELECTED, THIS IS AN INDEX OF EXHIBITS AND EXHIBITS TO #26 , PAGE FOUR OF EXHIBIT FOUR IS A BLANK PAGE] |
| Filing 29 RESPONSE to #26 MOTION to Compel Brief in Support and Certificate of Service filed by Behr America, Incorporated. (Asker, Paul) |
| Filing 28 NOTICE of hearing on #26 MOTION to Compel Responses to Interrogatories. Resolved/Unresolved Issues due by 10/13/2009. Motion Hearing set for 10/15/2009 02:00 PM before Magistrate Judge Donald A Scheer. (MLan) |
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Filing 27
ORDER REFERRING MOTION to Magistrate Judge Donald A Scheer: #26 MOTION to Compel Responses to Interrogatories filed by Aleris Aluminum Canada LP. Signed by District Judge Gerald E Rosen. (RBri)
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| **TEXT ONLY** ORDER REASSIGNING CASE pursuant to 09-AO-008 from Magistrate Judge Steven D Pepe to Magistrate Judge Donald A Scheer. (SSch) |
| Filing 26 MOTION to Compel Brief in Support and Certificate of Service by Aleris Aluminum Canada LP. (Attachments: #1 Index of Exhibits, #2 Exhibit A- Aleris Aluminum's First Request for Admission, Interrogatories and Requests for Production of Documents, #3 Exhibit B - Behr's Responses to Plaintiff's First Requests for Admission, Interrogatories and Requests for Production of Documents, #4 Exhibit C- Correspondence dated 9-4-09, #5 Exhibit D - Correspondence dated 9-11-09) (Lindsey, Sarah) |
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Filing 25
OPINION AND ORDER DENYING #9 DEFENDANT'S COLORADO RIVER MOTION TO STAY OR DISMISS PLAINTIFF'S PRINCIPAL COMPLAINT BUT STAYING DEFENDANT'S COUNTER-CLAIM. Signed by District Judge Gerald E Rosen. (RBri)
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Filing 24
STIPULATED PROTECTIVE ORDER. Signed by District Judge Gerald E Rosen. (RBri)
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| Filing 23 ANSWER to #18 Counterclaim,, Plaintiff Aleris Aluminum Canada's Answer to Behr America, Inc.'s Counter-Complaint; and Certificate of Service by Aleris Aluminum Canada LP. (Lindsey, Sarah) |
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Filing 22
SCHEDULING ORDER: Discovery due by 12/31/2009, Dispositive Motion Cut-off set for 1/31/2010, Final Pretrial Conference set for 4/30/2010 11:30 AM before District Judge Gerald E Rosen, Trailing Trial Docket set for 5/4/2010. Signed by District Judge Gerald E Rosen. (Attachments: #1 Document Continuation) (Refer to image for additional dates) (RBri)
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| Minute Entry -Scheduling Conference held on 7/16/2009 before District Judge Gerald E Rosen. Disposition: Parties to advise this court as to outcome of state court hearing scheduled next week, Scheduling Order to be entered. (RBri) |
| Filing 21 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Asker, Paul) |
| Filing 20 CERTIFICATE OF SERVICE by Behr America, Incorporated re #18 Counterclaim,, (Asker, Paul) |
| Filing 19 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Behr America, Incorporated (Asker, Paul) |
| Filing 18 COUNTERCLAIM filed by Behr America, Incorporated against Aleris Aluminum Canada LP (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P) (Asker, Paul) |
| Filing 17 ANSWER to Complaint with Affirmative Defenses by Behr America, Incorporated. (Attachments: #1 Exhibit Exhibit A) (Asker, Paul) |
| Filing 16 CERTIFICATE OF SERVICE by Aleris Aluminum Canada LP re #13 Response to Motion, - Plaintiff Aleris Aluminum Canada, L.P.'s Opposition to Defendant Behr America, Inc.'s Motion for Application of Abstention Doctrine, inclusive of Index of Exhibits and Exhibits (Lindsey, Sarah) |
| Filing 15 EXHIBIT Exhibits to Plaintiff Aleris Aluminum Canada L.P.'s Opposition to Defendant Behr America, Inc.'s Motion for Application of Abstention Doctrine re #14 Exhibit by Aleris Aluminum Canada LP (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11) (Lindsey, Sarah) |
| Filing 14 EXHIBIT Index of Exhibits re #13 Response to Motion, by Aleris Aluminum Canada LP (Lindsey, Sarah) |
| Filing 13 RESPONSE to #9 MOTION to Dismiss under Colorado River Abstention Doctrine Plaintiff Aleris Aluminum Canada L.P.'s Opposition to Defendant Behr America, Inc.'s Motion for Application of Abstention Doctrine filed by Aleris Aluminum Canada LP. (Lindsey, Sarah) |
| Filing 12 NOTICE TO APPEAR: Scheduling Conference set for 7/16/2009 02:30 PM before District Judge Gerald E Rosen (RBri) |
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Filing 11
ORDER granting #10 Motion to Set Aside Entry of Default. Signed by District Judge Gerald E Rosen. (RBri)
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| Filing 10 MOTION to Set Aside #8 Clerks Entry of Default by Behr America, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Asker, Paul) |
| Filing 9 MOTION to Dismiss under Colorado River Abstention Doctrine by Behr America, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Asker, Paul) |
| Filing 8 CLERK'S ENTRY OF DEFAULT as to *Behr America, Incorporated* (JCre) |
| Filing 7 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Behr America, Incorporated by Aleris Aluminum Canada LP. (Lindsey, Sarah) |
| Filing 6 NOTICE of Correction re Scheduling Conference. (LWag) |
| [ENTERED ON WRONG CASE] Minute Entry -Scheduling Conference held on 4/2/2009 before District Judge Robert H Cleland. (LWag) |
| Filing 5 CERTIFICATE of Service/Summons Returned Executed. Behr America, Incorporated served on 3/2/2009, answer due 3/23/2009. (Lindsey, Sarah) |
| Filing 4 SUMMONS Issued for *Behr America, Incorporated* (LBeh) |
| Filing 3 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Aleris Aluminum Canada, L.P. (Lindsey, Sarah) |
| Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Aleris Aluminum Canada, L.P. (Lindsey, Sarah) |
| Filing 1 COMPLAINT filed by Aleris Aluminum Canada, L.P. against all defendants. Plaintiff requests summons issued. Receipt No: 06450000000001888724 - Fee: $ 350. County of 1st Plaintiff: Leinster - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A-Purchase Order #550004585, #3 Exhibit B- Customer Aging Report - Shipments to Mexico, #4 Exhibit C - Customer Aging Report - Shipments in U.S., #5 Exhibit D - Customer Aging Report - Shipments in U.S., #6 Exhibit E - Declaration of Account Stated - Chrystella Volk) (Lindsey, Sarah) |
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