Graybar Electric Company, Inc. v. Calgon Carbon Corporation et al
| Graybar Electric Company, Inc. |
| Calgon Carbon Corporation, O'Neal Constructors, LLC and Liberty Mutual Insurance Company |
| 1:2023cv00269 |
| October 12, 2023 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2023. A more recent docket listing may be available from PACER.
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TEXT ONLY ORDER denying without prejudice Defendant Liberty Mutual Insurance Company's Motion #7 to Dismiss Complaint as moot in light of Plaintiff Graybar Electric Company, Inc.'s filing of its First Amended Complaint #21 . NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 12/04/2023. (STR)
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| Filing 21 AMENDED COMPLAINT against Liberty Mutual Insurance Company, O'Neal Constructors, LLC, filed by Graybar Electric Company, Inc.. (Attachments: #1 Exhibit A - Purchase Order, #2 Exhibit B - Notice of Claim of Special Lien, #3 Exhibit C - Bond to Discharge Lien)(Goff, Kathryn) |
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Filing 20
ORDER granting #19 Plaintiff's Unopposed Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Bradley W. Rath on 12/1/23 (HM)
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| DOCKET ANNOTATION as to #19-1 and #19-2: Documents filed as exhibits must include an exhibit sticker on the document identifying each exhibit. It is not necessary to refile. (RLW) |
| Filing 19 MOTION for Leave to File Amended Complaint by Graybar Electric Company, Inc. (Attachments: #1 Exhibit 1 - O'Neal Email, #2 Exhibit 2 - Liberty Mutual Email, #3 Exhibit 3 - Amended Complaint w Exhibits)(Goff, Kathryn) |
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TEXT ONLY ORDER denying Defendant Calgon Carbon Corporation's Motion #11 to Dismiss Complaint as moot in light of Plaintiff's Notice #18 of Voluntary Dismissal and Calgon Carbon Corporation's termination as a party in this action. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 11/27/2023. (STR)
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| Filing 18 NOTICE of Voluntary Dismissal by Graybar Electric Company, Inc. (Carson, Dorsey) |
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TEXT ONLY ORDER granting as unopposed Plaintiff Graybar Electric Company, Inc.'s Motion #17 for Extension of Time to File a Response in Opposition to Defendant Liberty Mutual Insurance Company's Motion #7 to Dismiss Complaint. Plaintiff shall have until November 27, 2023, to respond. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 11/20/2023 (STR)
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| Filing 17 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss Complaint by Liberty Mutual Insurance Co. by Graybar Electric Company, Inc. (Carson, Dorsey) |
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TEXT ONLY ORDER granting as unopposed Plaintiff Graybar Electric Company, Inc.'s Motion #16 for Extension of Time to File a Response in Opposition to Defendant Calgon Carbon Corporation's Motion #11 to Dismiss Complaint. Plaintiff shall have until November 27, 2023, to respond. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 11/17/2023. (STR)
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| Filing 16 MOTION for Extension of Time to File Response in Opposition to Calgon's Motion to Dismiss by Graybar Electric Company, Inc. (Carson, Dorsey) |
| Filing 15 Corporate Disclosure Statement by Calgon Carbon Corporation (Alexander, Roderick) |
| Filing 14 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 12/14/2023 at 9:00 AM before Magistrate Judge Bradley W. Rath. (AB) |
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TEXT ONLY ORDER granting #10 Motion to Appear Pro Hac Vice. That Attorney Gerald E. Burns be admitted pro hac vice in this case on behalf of Defendant Calgon Carbon Corporation in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 11/1/1023 (AB)
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| Filing 13 NOTICE of Appearance by Melanie B. Mitchell on behalf of Calgon Carbon Corporation (Mitchell, Melanie) |
| Filing 12 MEMORANDUM in Support re #11 MOTION to Dismiss Complaint filed by Calgon Carbon Corporation (Attachments: #1 Exhibit "1" Original Lien, #2 Exhibit "2" Bond to Discharge Lien, #3 Exhibit "3" Amended Lien)(Alexander, Roderick) |
| Filing 11 MOTION to Dismiss Complaint by Calgon Carbon Corporation (Alexander, Roderick) |
| Filing 10 MOTION for Gerald E. Burns to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5254980) by Calgon Carbon Corporation (Attachments: #1 Attachment Certificate of Good Standing)(Alexander, Roderick) |
| DOCKET ANNOTATION as to #9: Advising attorney that in the future, the certificate of good standing must be scanned separately and attached as an exhibit or attachment to the Motion. (RLW) |
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TEXT ONLY ORDER granting #9 Motion to Appear Pro Hac Vice. That Attorney Gretchen L. Jankowski be admitted pro hac vice in this case on behalf of Defendant Calgon Carbon Corporation in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 10/27/2023 (AB)
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| Filing 9 MOTION for Gretchen L. Jankowski to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5253042) by Calgon Carbon Corporation (Alexander, Roderick) |
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TEXT ONLY ORDER granting #5 Unopposed Motion for An Extension of Time Reserving All Defenses Under Rule 12. The deadline for Calgon Carbon Corporation to answer or otherwise respond to the Complaint is now 10/30/2023. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 10/20/23 (HM)
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| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss Complaint filed by Liberty Mutual Insurance Company (Taylor, Alec) |
| Filing 7 MOTION to Dismiss Complaint by Liberty Mutual Insurance Company (Taylor, Alec) |
| Filing 6 Affirmative Defenses and ANSWER to Complaint (Notice of Removal) by O'Neal Constructors, LLC (Ellis, David) |
| Filing 5 MOTION for Extension of Time to File Answer by Calgon Carbon Corporation (Alexander, Roderick) |
| DOCKET ANNOTATION as to #2: Advising attorney that the case number should have been included on the document. Attorney is not required to re-file. (RLW) |
| Filing 4 State Court Record by Defendant Calgon Carbon Corporation Volumes 1 (Alexander, Roderick) |
| Filing 3 Joinder in Document by O'Neal Constructors, LLC to #1 Notice of Removal,, filed by Calgon Carbon Corporation (Ellis, David) |
| Filing 2 Joinder in Document by Liberty Mutual Insurance Company to #1 Notice of Removal,, filed by Calgon Carbon Corporation (Taylor, Alec) |
| DOCKET ANNOTATION as to #1. The consents attached as exhibit B to the removal should be filed separately by the consenting attorneys using the event code "joinder in document" (under "Other Documents") and linking to the notice of removal. (wld) |
| Filing 1 NOTICE OF REMOVAL by Calgon Carbon Corporation from Circuit Court of Hancock County, Mississippi, case number 23-0149. ( Filing fee $ 402 receipt number 5242517) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A-State Court Pleadings, #2 Exhibit B-Consents, #3 Civil Cover Sheet)(wld) |
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