FCA US LLC v. Cummins, Inc.
| FCA US LLC |
| Cummins, Inc., Johnson Matthew Inc. and Johnson Matthey Inc. |
| 2:2016cv12883 |
| August 5, 2016 |
| US District Court for the Eastern District of Michigan |
| Detroit Office |
| Oakland |
| Avern Cohn |
| Stephanie Dawkins Davis |
| Stephanie Dawkins DavisM |
| Contract: Other |
| 28 U.S.C. § 1330 |
| Both |
Docket Report
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This docket was last retrieved on February 7, 2018. A more recent docket listing may be available from PACER.
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Filing 105
STIPULATED ORDER DISMISSING CASE Signed by District Judge Avern Cohn. (MVer)
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Filing 104
ORDER GRANTING JOHNSON MATTHEY, INC.S UNOPPOSED MOTION TO FILE UNDER SEAL PORTIONS OF ITS MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF FCA US LLC. Signed by District Judge Avern Cohn. (MVer)
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| Filing 103 MOTION to Seal Portions of Its Motion for Summary Judgment Against Plaintiff FCA US LLC by Johnson Matthey Inc.. (Abel, Jason) |
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Filing 102
ORDER GRANTING CUMMINS INC.S MOTION TO FILE UNDER SEAL PORTIONS OF ITS MOTION FOR SETTLEMENT CONFERENCE, BRIEF IN SUPPORT, AND ATTACHMENTS THERETO. Signed by District Judge Avern Cohn. (MVer)
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| Filing 101 MOTION to Seal Portions of Its Motion For Settlement Conference, Brief in Support of the Motion and Attachments Thereto by Cummins, Inc.. (Soble, Jeffrey) |
| Filing 100 NOTICE of Appearance by John Murphy on behalf of Johnson Matthey Inc.. (Murphy, John) |
| Filing 99 NOTICE of Appearance by Gilbert S. Keteltas on behalf of Johnson Matthey Inc.. (Keteltas, Gilbert) |
| Filing 98 TRANSCRIPT of Telephonic Status Conference held on September 8, 2017. (Court Reporter/Transcriber: Sheri Ward, 313-234-2604) (Number of Pages: 9) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/5/2017. Redacted Transcript Deadline set for 10/16/2017. Release of Transcript Restriction set for 12/13/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Ward, S) |
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Filing 97
AMENDED ORDER OF BIFURCATION AND STATYING PROCEEDINGS ON DAMAGES. Signed by District Judge Avern Cohn. (MVer)
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| Minute Entry for proceedings before District Judge Avern Cohn: Telephonic Status Conference held on 9/8/2017 (Court Reporter: Sheri Ward) (MVer) |
| Filing 96 RESPONSE to #94 Joint MOTION FCA AND CUMMINS MOTION TO CONTINUE THE FINAL PRETRIAL CONFERENCE TO PERMIT EXPEDITED ALTERNATIVE DISPUTE RESOLUTION and Certificate of Service filed by Johnson Matthew Inc.. (Abel, Jason) |
| Filing 95 NOTICE TO APPEAR BY TELEPHONE: Status Conference Re: Docket Entries 93 and 94 set for 9/8/2017 02:30 PM before District Judge Avern Cohn (MVer) |
| Filing 94 Joint MOTION FCA AND CUMMINS MOTION TO CONTINUE THE FINAL PRETRIAL CONFERENCE TO PERMIT EXPEDITED ALTERNATIVE DISPUTE RESOLUTION by Cummins, Inc.. (Soble, Jeffrey) |
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Filing 93
ORDER OF BIFURCATION AND STAYING PROCEEDINGS ON DAMAGES Signed by District Judge Avern Cohn. (MVer)
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| Minute Entry for proceedings before District Judge Avern Cohn: Status Conference held on 8/15/2017 (MVer) |
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Filing 92
ORDER FOLLOWING STATUS CONFERENCE AND NOTICE TO APPEAR: Final Pretrial Conference set for 4/18/2018 10:00 AM before District Judge Avern Cohn (MVer)
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| Filing 91 ANSWER to #86 Answer to Amended Complaint, Counterclaim with Affirmative Defenses by FCA US LLC. (Baucus, Laura) |
| Filing 90 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Johnson Matthey Inc. identifying Corporate Parent Johnson Matthey PLC for Johnson Matthey Inc.. (Abel, Jason) |
| Filing 89 NOTICE TO APPEAR: Status Conference set for 8/15/2017 10:00 AM before District Judge Avern Cohn (MVer) |
| Filing 88 NOTICE of Appearance by Gabriel E. Bedoya on behalf of Johnson Matthey Inc.. (Bedoya, Gabriel) |
| Filing 87 ANSWER to Amended Complaint with Affirmative Defenses by Johnson Matthey Inc.. (Abel, Jason) |
| Filing 86 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand , COUNTERCLAIM filed by Cummins, Inc. against Cummins, Inc. by Cummins, Inc.. (Attachments: #1 Exhibit Exhibit 1- 2013 Warranty) (Loew, Lauren) |
| Filing 85 CERTIFICATE of Service/Summons Returned Executed. FCA US LLC served on 6/27/2017, answer due 7/18/2017. (Baucus, Laura) |
| Filing 84 SUMMONS Issued for *Johnson Matthey Inc.* (DAll) |
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Filing 83
ORDER to correct spelling of name of added party. Signed by District Judge Avern Cohn. (DPer)
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| Filing 82 AMENDED COMPLAINT with Jury Demand filed by FCA US LLC against Cummins, Inc., Johnson Matthew Inc.. NEW PARTIES ADDED. (Baucus, Laura) |
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Filing 81
ORDER Vacating #77 Order on Motion Signed by District Judge Avern Cohn. (MVer)
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| REQUEST for SUMMONS for Johnson Matthey Inc.. (Baucus, Laura) |
| Filing 80 STRICKEN 6/23/17 RESPONSE to #78 MOTION for Leave to File Amended Complaint filed by Cummins, Inc.. (Loew, Lauren) (Main Document 80 replaced on 6/23/2017) (ATee). Modified on 6/23/2017 (ATee). |
| Filing 79 SEALED EXHIBIT E - Confidential Documents re #78 MOTION for Leave to File Amended Complaint by FCA US LLC. (Baucus, Laura) |
| Filing 78 STRICKEN 6/23/17 MOTION for Leave to File Amended Complaint by FCA US LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Proposed Order Granting Plaintiff FCA US LLCs Motion for Leave to File Amended Complaint, # 3 Exhibit B - Cummins Interrogatory Responses, # 4 Exhibit C - Cummins Responses to Requests for Admissions, # 5 Exhibit D - Cummins written Responses to Request for Production, # 6 Exhibit E - CONFIDENTIAL FILED UNDER SEAL, # 7 Exhibit F - Proposed First Amended Complaint) (Baucus, Laura) (Main Document 78 replaced on 6/23/2017) (ATee). Modified on 6/23/2017 (ATee). Modified on 6/23/2017 (ATee). |
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Filing 77
ORDER granting #76 Motion to File Documents Under Seal. Signed by District Judge Avern Cohn. (MVer)
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| Filing 76 MOTION TO FILE UNDER SEAL PORTIONS OF ITS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND PORTIONS OF ITS AMENDED COMPLAINT CONTAINING INFORMATION DESIGNATED AS CONFIDENTIAL UNDER THE STIPULATED PROTECTIVE ORDER by FCA US LLC. (Attachments: #1 Exhibit A - Proposed Order) (Baucus, Laura) |
| Filing 75 WITNESS LIST WITNESS LIST by FCA US LLC (Baucus, Laura) |
| Filing 74 CUMMINS INC.S PRELIMINARY LAY WITNESS LIST WITNESS LIST by Cummins, Inc. (Loew, Lauren) |
| Minute Entry for proceedings before District Judge Avern Cohn: Status Conference held on 5/9/2017 (Court Reporter: Sheri Ward) (MVer) |
| Filing 73 NOTICE of Appearance by Susan L. Poll Klaessy on behalf of Cummins, Inc.. (Poll Klaessy, Susan) |
| Filing 72 NOTICE of Appearance by Hannah B. Griffin on behalf of Cummins, Inc.. (Griffin, Hannah) |
| Filing 71 NOTICE TO APPEAR: Status Conference IS RESCHEDULED for 5/9/2017 11:00 AM before District Judge Avern Cohn (MVer) |
| TEXT-ONLY NOTICE: Hearing on 4/13/2017 is Cancelled re #65 Notice to Appear (MVer) |
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Filing 70
DISCOVERY PROTOCOL ORDER re #69 Memorandum Opinion & Order. Signed by District Judge Avern Cohn. (Attachments: #1 Exhibit A, #2 Document Continuation Appendix A, #3 Document Continuation Appendix B) (MVer)
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Filing 69
MEMORANDUM AND ORDER REGARDING ELECTRONIC DISCOVERY DISPUTE Signed by District Judge Avern Cohn. (MVer)
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Filing 68
ORDER EXTENDING SCHEDULING re #63 Order. Signed by District Judge Avern Cohn. (MVer)
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| TEXT-ONLY NOTICE: Hearing on 3/30/2017 is Cancelled re #67 Notice to Appear (MVer) |
| Filing 67 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/30/2017 02:00 PM before District Judge Avern Cohn (MVer) |
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Filing 66
STIPULATED PROTECTIVE ORDER Signed by District Judge Avern Cohn. (MVer)
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| Filing 65 NOTICE TO APPEAR: Status Conference is RESCHEDULED for 4/13/2017 10:00 AM before District Judge Avern Cohn (MVer) |
| TEXT-ONLY NOTICE: Hearing on 4/6/2017 is Cancelled (MVer) |
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Filing 64
STIPULATED ORDER ALLOWING WITHDRAW OF FCA US LLC'S CO-COUNSEL CLARK HILL PLC Signed by District Judge Avern Cohn. (MVer)
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Filing 63
AMENDED JOINT RULE 26(f) DISCOVERY PLAN AND SCHEDULING ORDER Signed by District Judge Avern Cohn. (MVer)
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| Filing 62 TRANSCRIPT of Status Conference held on December 12, 2016. (Court Reporter/Transcriber: Sheri Ward, www.transcriptorders.com) (Number of Pages: 12) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/4/2017. Redacted Transcript Deadline set for 1/17/2017. Release of Transcript Restriction set for 3/14/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Ward, S) |
| Minute Entry for proceedings before District Judge Avern Cohn: Status Conference held on 12/12/2016 (Court Reporter: Sheri Ward) (MVer) |
| Filing 61 NOTICE TO APPEAR: Status Conference set for 12/12/2016 10:00 AM before District Judge Avern Cohn (MVer) |
| Filing 59 SEALED Stipulation for Interim Recall and Cost Sharing Order by FCA US LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Baucus, Laura) |
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Filing 58
ORDER GRANTING FCA US LLC AND CUMMINS INC.'S JOINT MOTION TO FILE STIPULATED ORDER UNDER SEAL. Signed by District Judge Avern Cohn. (MVer)
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| Filing 57 Joint MOTION for Order to File Stipulated Order Under Seal by FCA US LLC. (Attachments: #1 Exhibit A - Proposed Order) (Baucus, Laura) |
| Filing 56 NOTICE of Joinder/Concurrence in by FCA US LLC Reliance on Jury Demand (Baucus, Laura) |
| Filing 55 ANSWER to Counterclaim with Affirmative Defenses by FCA US LLC. (Baucus, Laura) |
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Filing 54
STIPULATED ORDER EXTENDING DEADLINE FOR FCA US LLC'S FIRST RESPONSIVE PLEADING TO CUMMINS INC.'S COUNTER-CLAIM Signed by District Judge Avern Cohn. (MVer)
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| Minute Entry for proceedings before District Judge Sean F. Cox: Mediation held on 10/25/2016. Disposition: Parties to submit a stipulation to Judge Cohn by 10/28/2016. (Court Reporter: Marie Metcalf) (JMcC) |
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Filing 53
STIPULATED ORDER EXTENDING DEADLINE FOR FCA US LLCS FIRST RESPONSIVE PLEADINGTO CUMMINS INC.S COUNTER-CLAIM Signed by District Judge Avern Cohn. (MVer)
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| Set Deadlines/Hearings: Mediation reset for 10/25/2016 at 09:00 AM before District Judge Sean F. Cox. (JMcC) |
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Filing 52
CORRECTED AMENDED TRO EXTENSION ORDER (EXHIBITS NOW ATTACHED) re #51 Order. Signed by District Judge Avern Cohn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (MVer)
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Filing 51
AMENDED TRO EXTENSION ORDER. Signed by District Judge Avern Cohn. (MVer)
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Filing 50
AMENDED ORDER Regarding Mediation. (Mediation set for 10/28/2016 at 09:00 AM before District Judge Sean F. Cox) Signed by District Judge Sean F. Cox. (JMcC)
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| Minute Entry for proceedings before District Judge Sean F. Cox: Telephonic Status Conference held on 10/13/2016. (JMcC) |
| Filing 49 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 10/13/2016 10:00 AM before District Judge Sean F. Cox. **COUNSEL FOR PLAINTIFF shall initiate the call and contact the Court when all parties are present** (JMcC) |
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Filing 48
STIPULATED ORDER EXTENDING DEADLINE FOR FCA US LLCS FIRST RESPONSIVE PLEADINGTO CUMMINS INC.S COUNTER-CLAIM Signed by District Judge Avern Cohn. (MVer)
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Filing 47
ORDER Regarding 10/17/2016 Mediation. Signed by District Judge Sean F. Cox. (JMcC)
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Filing 46
ORDER from U.S. Court of Appeals - Sixth Circuit re #26 Notice of Appeal filed by FCA US LLC [Appeal Case Number 16-2335] (Ahmed, N)
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| Minute Entry for proceedings before District Judge Sean F. Cox: Continued Telephonic Status Conference held on 10/11/2016. (JMcC) |
| Minute Entry for proceedings before District Judge Sean F. Cox: Telephonic Status Conference held on 10/11/2016. (CONTINUED TELEPHONIC Status Conference set for 10/11/2016 at 02:00 PM before District Judge Sean F. Cox) *****COUNSEL FOR PLAINTIFF shall initiate the call and contact the Court at 313-234-2650 when all parties are present** (JMcC) |
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Filing 45
TRO EXTENSION ORDER. Signed by District Judge Avern Cohn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (MVer)
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| Set Deadlines/Hearings: TELEPHONIC Status Conference set for 10/11/2016 at 10:00 AM before District Judge Sean F. Cox. *****COUNSEL FOR PLAINTIFF shall initiate the call and contact the Court at 313-234-2650 when all parties are present** Mediation set for 10/17/2016 at 09:00 AM before District Judge Sean F. Cox (JMcC) |
| Filing 44 TRANSCRIPT of Hearing on Motion for Temporary Restraining Order and Preliminary Injunction held on 10/06/2016. (Court Reporter/Transcriber: Linda M. Cavanagh) (Number of Pages: 32) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/27/2016. Redacted Transcript Deadline set for 11/7/2016. Release of Transcript Restriction set for 1/4/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Cavanagh, Linda) |
| Filing 43 NOTICE TO APPEAR: Status Conference as to Damages Phase set for 4/6/2017 10:00 AM before District Judge Avern Cohn (MVer) |
| Minute Entry for proceedings before District Judge Avern Cohn: Motion Hearing held on 10/6/2016 re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Cummins, Inc. (Court Reporter: Linda Cavanagh) (MVer) |
| Filing 42 SUPPLEMENTAL BRIEF re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Cummins, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - L. Baucus Letter to J. Soble, #3 Exhibit B - S. Mazure Email to B. Mormino, #4 Exhibit C - R. Wagner Letter and enclosure to A. Hebert, #5 Exhibit D -. Sardar Email to L. Werhly and R. Wagner) (Miller, Vanessa) |
| Filing 41 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 10/5/2016 10:30 AM before District Judge Avern Cohn (MVer) |
| Filing 40 MEMORANDUM REGARDING HEARING Signed by District Judge Avern Cohn. (MVer) |
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Filing 39
ORDER from U.S. Court of Appeals - Sixth Circuit re #26 Notice of Appeal filed by FCA US LLC [Appeal Case Number 16-2335] (Ahmed, N)
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| Filing 38 TRANSCRIPT of Status Conference held on 09/29/2016. (Court Reporter/Transcriber: Sheri Ward, 313-965-4401) (Number of Pages: 38) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/20/2016. Redacted Transcript Deadline set for 10/31/2016. Release of Transcript Restriction set for 12/28/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Ward, S) |
| Filing 37 NOTICE OF HEARING on #35 MOTION for Injunction Pending Appeal and/or Preliminary Injunction Hearing (See Docket Entry 36 for Additional Information) . Motion Hearing set for 10/6/2016 10:00 AM before District Judge Avern Cohn Motion Hearing set for 10/7/2016 10:00 AM before District Judge Avern Cohn (MVer) |
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Filing 36
ORDER FOLLOWING STATUS CONFERENCE SCHEDULING A HEARING AND BIFURCATING CLAIMS Signed by District Judge Avern Cohn. (MVer)
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| Minute Entry for proceedings before District Judge Avern Cohn: Status Conference held on 9/29/2016 (Court Reporter: Sheri Ward) (MVer) |
| Filing 35 MOTION for Injunction Pending Appeal by Cummins, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Hearing Transcript on Motion for TRO and Preliminary Injunction, 9/21/16, #3 Exhibit 2 - Hearing Transcript on Motion for TRO and Preliminary Injunction, 9/22/16, #4 Exhibit 3 - Hearing Transcript on Motion for TRO and Preliminary Injunction, 9/23/16, #5 Exhibit 4 - Braverman v. New Mexico case, #6 Exhibit 5 - Eberspaecher N. Am., Inc. v. Nelson Glob. Prods., Inc. case) (Miller, Vanessa) |
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Filing 34
Surety BOND in the amount of $ 10,000,000.00 pursuant to Temporary Restraining Order - Approved by Judge Cohn (DTyl)
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Filing 33
ORDER DENYING FCA'S MOTION TO STAY THE TRO ORDER Signed by District Judge Avern Cohn. (MVer)
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Filing 32
ORDER FOR STATUS CONFERENCE Signed by District Judge Avern Cohn. (MVer)
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| Filing 31 COURT EXHIBIT B - RE: TEMPORARY RESTRAINING ORDER (FCA DRAFT) (MVer) |
| Filing 30 COURT EXHIBIT A - RE: TEMPORARY RESTRAINING ORDER (COURT DRAFT) (MVer) |
| Filing 29 TRANSCRIPT of Hearing on Motion for Temporary Restraining Order and Preliminary Injunction - Volume 3 held on Friday, September 23, 2016. (Court Reporter/Transcriber: Sheri Ward, 313-965-4401) (Number of Pages: 26) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Ward, S) |
| Filing 28 TRANSCRIPT of Hearing on Motion for Temporary Restraining Order and Preliminary Injunction held on Thursday, September 22, 2016. (Court Reporter/Transcriber: Sheri Ward, 313-965-4401) (Number of Pages: 24) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Ward, S) |
| Filing 27 Certificate of Service re #26 Notice of Appeal. (DWor) |
| Filing 26 NOTICE OF APPEAL by FCA US LLC re #24 Temporary Restraining Order. Receipt No: 0645-5884914 - Fee: $ 505 - Fee Status: Fee Paid. (Filipovich, Cynthia) |
| Filing 25 NOTICE of Appearance by Jeffrey Soble on behalf of Cummins, Inc.. (Soble, Jeffrey) |
| Filing 24 TEMPORARY RESTRAINING ORDER Signed by Presiding District Judge Mark A. Goldsmith for District Judge Avern Cohn. (MVer) |
| Filing 23 SUPPLEMENTAL BRIEF re #16 Response to Motion, (re Court's Proposed Temporary Restraining Order) filed by FCA US LLC. (Attachments: #1 Exhibit A - Temporary Restraining Order) (Berg, John) |
| Filing 22 NOTICE of Appearance by Lauren M. Loew on behalf of Cummins, Inc.. (Loew, Lauren) |
| Filing 21 SEALED Sealed Exhibits re #16 Response to Motion, by FCA US LLC. (Attachments: #1 Exhibit A - Cummins 2009 Term Sheet, #2 Exhibit B - Full-System Exhaust, #3 Exhibit C - Sample Purchase Orders, #4 Exhibit D - General Terms and Conditions, #5 Exhibit E - Indirect Materials, #6 Exhibit F - Engine Regulatory Compliance Agreement) (Berger, Jay) |
| Minute Entry for proceedings before District Judge Avern Cohn: Status Conference held on 9/22/2016 (Court Reporter: Sheri Ward) (MVer) |
| Filing 20 OBJECTION to Cummins Inc.'s Proposed Temporary Restraining Order by FCA US LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Transcript of Hearing on Motion for TRO and PI, #3 Exhibit 2 - Cummins' Proposed TRO) (Berg, John) |
| Filing 19 SUPPLEMENTAL BRIEF re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Cummins, Inc.. (Attachments: #1 Exhibit A-Cummins' Draft Temporary Restraining Order) (Miller, Vanessa) |
| Filing 18 TRANSCRIPT of Hearing on Motion for Temporary Restraining Order and Preliminary Injunction held on September 21, 2016. (Court Reporter/Transcriber: Sheri Ward, 313-965-4401) (Number of Pages: 38) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/12/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/20/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Ward, S) |
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Filing 17
ORDER granting #15 Motion to File Documents Under Seal. Signed by District Judge Avern Cohn. (MVer)
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| Filing 16 RESPONSE to #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by FCA US LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Mazur Declaration, #3 Exhibit 2 - Defect Report, #4 Exhibit 3 - Williams Declaration, #5 Exhibit 4 - Roach Declaration, #6 Exhibit 5 - Thiele Declaration, #7 Exhibit 6 - Unpublished Cases) (Baucus, Laura) |
| Filing 15 MOTION to File Documents Under Seal by FCA US LLC. (Berger, Jay) |
| Filing 14 NOTICE of Appearance by Paul L. Nystrom on behalf of FCA US LLC. (Nystrom, Paul) |
| Filing 13 NOTICE of Appearance by James P. Feeney on behalf of FCA US LLC. (Feeney, James) |
| Filing 12 NOTICE of Appearance by Laura Baucus on behalf of FCA US LLC. (Baucus, Laura) |
| Minute Entry for proceedings before District Judge Avern Cohn: Motion Hearing held on 9/21/2016 re #5 MOTION for Temporary Restraining Order filed by Cummins, Inc. Disposition: Motion taken under advisement (Court Reporter: Sheri Ward) (MVer) |
| Filing 11 NOTICE of Appearance by John E. Berg on behalf of FCA US LLC. (Berg, John) |
| Filing 10 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Cummins, Inc. (Miller, Vanessa) |
| Filing 9 ANSWER to #6 Answer to Complaint, Answer to Counterclaim,,,, , AMENDED ANSWER to Complaint #1 Complaint, #6 Answer to Complaint, Answer to Counterclaim,,,, with Affirmative Defenses with Jury Demand , COUNTERCLAIM filed by Cummins, Inc. against FCA US LLC by Cummins, Inc.. (Attachments: #1 Exhibit 1 - 2013 Warranty) (Miller, Vanessa) |
| Filing 8 NOTICE OF HEARING on #5 MOTION for Temporary Restraining Order and Preliminary Injunction. Motion Hearing set for 9/21/2016 02:00 PM before District Judge Avern Cohn (MVer) |
| Filing 7 EXHIBIT 1, Corrected, re #5 MOTION for Temporary Restraining Order and Preliminary Injunction by Cummins, Inc. (Miller, Vanessa) |
| Filing 6 [STRICKEN] ANSWER to Complaint with Affirmative Defenses with Jury Demand , AMENDED, ANSWER to Counterclaim with Affirmative Defenses , COUNTERCLAIM filed by Cummins, Inc. against FCA US LLC by Cummins, Inc.. (Attachments: #1 Exhibit 1 - 2013 Warranty) (Miller, Vanessa) Modified on 9/20/2016 (DWor). [RE-FILED: SEE DOCKET ENTRY #9 ] |
| Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction by Cummins, Inc.. (Attachments: #1 Exhibit A - Proposed Temporary Restraining Order, #2 Exhibit B - Proposed Preliminary Injunction Order, #3 Index of Exhibits, #4 Exhibit 1 - Declaration of Jeff W. Caldwell, #5 Exhibit 2 - Declaration of Brian Mormino, #6 Exhibit 3 - Declaration of Girish Janakiraman, #7 Exhibit 4 - Declaration of Richard S. Wagner, #8 Exhibit 5 - Declaration of Srikanth Padmanabhano) (Miller, Vanessa) Modified on 9/20/2016 (DWor). [SEE DOCKET ENTRY #7 FOR EXHIBIT 1] |
| Filing 4 [STRICKEN] ANSWER to Complaint with Affirmative Defenses with Jury Demand , Verified, COUNTERCLAIM filed by Cummins, Inc. against FCA US LLC by Cummins, Inc.. (Attachments: #1 Exhibit 1 - 2013 Warranty) (Miller, Vanessa) Modified on 9/20/2016 (DWor). [RE-FILED: SEE DOCKET ENTRY #9 ] |
| Filing 3 NOTICE of Appearance by Vanessa L. Miller on behalf of Cummins, Inc.. (Miller, Vanessa) |
| Filing 2 SUMMONS Issued for *Cummins, Inc.* (LHos) |
| Filing 1 COMPLAINT filed by FCA US LLC against Cummins, Inc. with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-5814632 - Fee: $ 400. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - [Previously dismissed case: No] [Possible companion case(s): None] (Berger, Jay) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (LHos) |
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