Cooper Industries, LLC v. Toastmaster Inc. et al
| Cooper Industries, LLC |
| Toastmaster Inc. and Spectrum Brands, Inc. |
| 2:2016cv00039 |
| June 7, 2016 |
| US District Court for the Eastern District of Missouri |
| Hannibal Office |
| Within US but Outside District |
| Catherine D. Perry |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
231
MEMORANDUM OPINION Re 228 and 230 : [SEE MEMORANDUM FOR COMPLETE DETAILS]. Signed by District Judge Catherine D. Perry on 11/20/2019. (TMT)
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Filing
226
MEMORANDUM OPINION AND ORDER: IT IS HEREBY ORDERED that Cooper must submit a proposed Judgment in accordance with this Memorandum and Order within fourteen (14) days of the date of this Memorandum and Order, and Spectrum may file any opposition or a n alternative proposed Judgment in accordance with this Memorandum and Order fourteen (14) days thereafter. IT IS FURTHER ORDERED that the motion for reconsideration 202 is denied. Signed by District Judge Catherine D. Perry on September 12, 2019. (BRP)
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Filing
162
MEMORANDUM AND AMENDED CASE MANAGEMENT ORDER (See Full Order) Bench Trial set for 1/22/2019 at 8:30 AM in Courtroom 14S before District Judge Catherine D. Perry., Pretrial Compliance due by 12/13/2018. Motion in Limine due by 12/23/2018. IT IS FURTHER ORDERED that the total trial will be limited to 24 hours, with each side to have 12 hours to complete its case. Any time spent examining or cross- examining a witness will be counted, as will be any time spent making an opening statement, c losing argument or argument on any type of motions or objections, and any deposition testimony must either be played on video or read in court with the time spent doing so included in the 12 hour time limit. Signed by District Judge Catherine D. Perry on 12/3/18. (EAB)
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Filing
158
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion for partial summary judgment 119 is granted in part only as follows:(See Memorandum and Order for complete details.) IT IS FURTHER ORDERED that defendant's motion for s ummary judgment 123 is denied in all respects, except Counts II and III of plaintiffs complaint are dismissed without prejudice on ripeness grounds. IT IS FURTHER ORDERED that the motion to exclude the testimony of Christine Sullivan 133 is gr anted. IT IS FURTHER ORDERED that plaintiff's unopposed motion to amend 156 is granted, and plaintiffs amended and supplemental complaint [156-1] is deemed filed as of this date. IT IS FURTHER ORDERED that the parties shall each file a memorandum regarding jury demand and length and location of trial as set out above no later than November 29, 2018. Signed by District Judge Catherine D. Perry on November 16, 2018. (MCB)
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Filing
145
MEMORANDUM AND ORDER - Accordingly, IT IS HEREBY ORDERED that no later than noon on Monday, October 29, 2018, Spectrum shall file a memorandum with the Court explaining the effect of the Consent Judgment and Judge Autrey's rulings in Spectrum Br ands, Inc. v. Compton's LLC, et. al, Cause Number 2:16 CV 30 HEA, on this case, including the preclusive effect, if any, of the summary judgment ruling and Consent Judgment, and also setting out the basis for this Court's continued jurisdic tion over its counterclaims as a live case or controversy, including but not limited to, the CERCLA claims. IT IS FURTHER ORDERED that Cooper may file an opposition to the memorandum no later than noon on Monday, November 5, 2018. IT IS FURTHER ORD ERED that these memoranda shall not exceed 15 pages in length. No additional briefing will be permitted, so the parties shall include all relevant arguments and legal authorities in their respective memoranda. Signed by District Judge Catherine D. Perry on October 19, 2018. (MCB)
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Filing
108
MEMORANDUM AND ORDER. After careful consideration, IT IS HEREBY ORDERED that the motion to compel 100 is granted only to the following extent: Cooper shall provide the requested information and documents for the assert purchase agreements identi fied on the divestiture list which are executed by McGraw Edison (not affiliates or subsidiaries or successors or predecessors or assigns) between 1975-1985, the asset purchase agreement at issue in Cooper Industries, LLC v. South Bend, 899 N.E.2d 1274 (Ind. 2009), and any asset purchase agreements involving Toastmaster, regardless of the date or whether they appear on the divestiture list. In all other respects, the motion is denied. Signed by District Judge Catherine D. Perry on 12/11/2017. (CBL)
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Filing
97
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion for judgment on the pleadings 89 is denied. IT IS FURTHER ORDERED that the motion to strike 91 is denied as moot. Signed by District Judge Catherine D. Perry on 8/18/17. (KXS)
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Filing
81
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that defendant Wausau's motion to dismiss 64 pursuant to Fed. R. Civ. P. (b)(1) is granted, and Spectrum's counterclaim against Wausau is dismissed. Signed by District Judge Catherine D. Perry on 3/22/17. (EAB)
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Filing
50
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that the motion to dismiss 30 filed by counter defendant Cooper is granted only as follows: counter claimant Spectrum's claims related to "other sites," as set out above, are dismissed for lack of jurisdiction. In all other respects, the motion to dismiss is denied. IT IS FURTHER ORDERED that the motion to dismiss 37 filed by counter defendant Employers Insurance of Wausau is denied in part and granted in part as set out above, and counter claimant Spectrum's claims against Wausau are dismissed without prejudice, except with respect to those claims related to "other sites," which are dismissed for lack of jurisdiction. IT IS FURTHER ORDERED th at counter claimant Spectrum shall file its amended counterclaim against Wausau by no later than December 16, 2016. The amended counterclaim shall also delete any claims related to "other sites" against both counter defendants as they have been dismissed. IT IS FURTHER ORDERED that this case will be set for a scheduling conference by separate Order. That conference will take place on the record in the courtroom, and counsel will be required to appear in person for the conference. No telephone participation will be permitted. Any requests to reset the scheduling conference shall be made by written motion, indicate whether all parties consent, and include proposed alternative dates acceptable to all parties. No motion to continue the scheduling conference will be considered unless the parties have first agreed upon proposed alternative dates. IT IS FURTHER ORDERED that the motion for hearing 48 is denied as moot. Signed by District Judge Catherine D. Perry on 11/28/2016. (CBL)
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