Switch, Ltd. v Naniwa Entergy LLC
Plaintiff: Switch, Ltd.
Defendant: Morgan Stanley, Naniwa Energy, LLC and Naniwa Terminal, LLC
Case Number: 3:2021cv00090
Filed: February 18, 2021
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Carla Baldwin
Referring Judge: Miranda M Du
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2021 Opinion or Order Filing 30 ORDER granting ECF No. #29 Stipulation : Withdrawing ECF No. #28 Motion to Remand to State Court; and remanding action to Eighth Judicial District Court, Clark County, Nevada. Signed by Chief Judge Miranda M. Du on 3/31/2021. (Certified copies of Order, and PACER docket sheet mailed to 8th Judicial District Court Clerk on 4/1/2021.)(Copies have been distributed pursuant to the NEF - DRM)
March 31, 2021 Filing 29 STIPULATION re #28 Motion to Remand to State Court, #1 Petition for Removal,, by Defendants Morgan Stanley, Naniwa Energy, LLC, Naniwa Terminal, LLC. (Gall, Maria)
March 25, 2021 Filing 28 MOTION to Remand to State Court by Plaintiff Switch, Ltd.. Responses due by 4/8/2021. (Attachments: #1 Exhibit A, #2 Exhibit B (Declaration of Samuel Castor)) (Castor, Samuel) Modified on 4/1/2021 to reflect WITHDRAWN pursuant to ECF No. #30 Order (DRM).
March 18, 2021 Filing 27 Joint STATUS REPORT by Plaintiff Switch, Ltd.. (Castor, Samuel)
March 18, 2021 Filing 26 RESPONSE to #10 Motion to Dismiss, by Plaintiff Switch, Ltd.. Replies due by 3/25/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Declaration of Samuel Castor), #4 Exhibit D) (Castor, Samuel)
March 9, 2021 Opinion or Order Filing 25 ORDER granting ECF No. #24 Stipulation to Extend Time to File Responsive Pleadings re: ECF No. #10 Motion to Dismiss. Plaintiff's response is due on or before 3/18/2021. Defendant's reply is due on or before 4/1/2021. Signed by Chief Judge Miranda M. Du on 3/9/2021. (Copies have been distributed pursuant to the NEF - SC)
March 9, 2021 Filing 24 STIPULATION FOR EXTENSION OF TIME (First Request) to File Responsive Pleadings re #10 Motion to Dismiss, by Plaintiff Switch, Ltd.. (Wheable, Michael)
March 8, 2021 Opinion or Order Filing 23 ORDER RE: CASE MANAGEMENT REPORT : The parties shall meet and confer as specified herein. Joint Case Management Report due by 4/5/2021. Signed by Magistrate Judge Carla Baldwin on 3/8/2021. (Copies have been distributed pursuant to the NEF - DRM)
March 8, 2021 Filing 22 CIVIL STANDING ORDER of Magistrate Judge Carla Baldwin. (Copies have been distributed pursuant to the NEF - DRM)
March 8, 2021 Filing 21 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Joshua K. Leader is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (WJ)
March 8, 2021 Filing 20 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Glen Silverstein is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (WJ)
March 5, 2021 Opinion or Order Filing 19 ORDER granting ECF No. #13 Motion to Withdraw as Attorney : Attorney Anne-Marie Birk withdrawn from the case for Plaintiff Switch, Ltd. Signed by Magistrate Judge Carla Baldwin on 3/5/2021.(Copies have been distributed pursuant to the NEF - DRM)
March 5, 2021 Filing 18 STATEMENT REGARDING REMOVAL by Defendants Morgan Stanley, Naniwa Energy, LLC, Naniwa Terminal, LLC. (Gall, Maria)
March 4, 2021 Opinion or Order Filing 17 ORDER APPROVING ECF No. #15 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Joshua K. Leader for Naniwa Energy, LLC; Naniwa Terminal, LLC; Morgan Stanley, and approving Designation of Local Counsel Maria A. Gall, Ballard Spahr, LLP. Signed by Chief Judge Miranda M. Du on 3/4/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - SC)
March 4, 2021 Opinion or Order Filing 16 ORDER APPROVING ECF No. #14 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Glen Silverstein for Naniwa Energy, LLC; Naniwa Terminal, LLC; Morgan Stanley, and approving Designation of Local Counsel Maria A. Gall, Ballard Spahr, LLP. Signed by Chief Judge Miranda M. Du on 3/4/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - SC)
March 4, 2021 Filing 15 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Joshua K. Leader and DESIGNATION of Local Counsel Maria A. Gall (Filing fee $ 250 receipt number 0978-6392519) by Defendants Morgan Stanley, Naniwa Energy, LLC, Naniwa Terminal, LLC. (Gall, Maria)
March 4, 2021 Filing 14 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Glen Silverstein and DESIGNATION of Local Counsel Maria A. Gall (Filing fee $ 250 receipt number 0978-6392501) by Defendants Morgan Stanley, Naniwa Energy, LLC, Naniwa Terminal, LLC. (Gall, Maria)
March 1, 2021 Filing 13 MOTION to Withdraw as Attorney by Anne-Marie Birk for Plaintiff Switch, Ltd.. (Castor, Samuel)
March 1, 2021 Filing 12 NOTICE of Appearance by attorney Michael A. Wheable on behalf of Plaintiff Switch, Ltd.. (Wheable, Michael)
March 1, 2021 Filing 11 NOTICE of Appearance by attorney Lynnel Marie Reyes on behalf of Plaintiff Switch, Ltd.. (Reyes, Lynnel)
February 25, 2021 Filing 10 MOTION to Dismiss #1 Petition for Removal,, by Defendants Morgan Stanley, Naniwa Energy, LLC, Naniwa Terminal, LLC. Responses due by 3/11/2021. (Attachments: #1 Exhibit 1 - Purchase and Sale Agreement, #2 Exhibit 2 - Leaseback Lease) (Gall, Maria)
February 19, 2021 Filing 9 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - PAV)
February 19, 2021 Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Carla Baldwin. (LE)
February 18, 2021 Opinion or Order Filing 8 ORDER Transferring this Action to the Unofficial Northern Division of the Court. The clerk of the court shall transfer and reopen this matter as a new action under a new docket number in the northern division, and the action under this docket number shall be closed, without prejudice to the defendants regarding any federal filing fee. Signed by Judge Andrew P. Gordon on 2/18/2021. (Copies have been distributed pursuant to the NEF - DRS)
February 18, 2021 Filing 7 NOTICE of Docket Correction to Assign Judges in Civil Case: Case randomly assigned to Judge Gordon and Judge Weksler. Clerical error adding Judge Shubb to case. Judge Shubb removed and Judge Weksler added. (no image attached) (AF)
February 18, 2021 Filing 6 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Joshua Leader and Glen Silverstein to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 3/4/2021. (no image attached) (DRS)
February 18, 2021 Filing 5 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DRS)
February 18, 2021 Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 2/18/2021. Statement regarding removed action is due by 3/5/2021. Joint Status Report regarding removed action is due by 3/20/2021. (Copies have been distributed pursuant to the NEF - DRS)
February 18, 2021 Filing 3 ERRATA to Exhibit A of #1 Petition for Removal,, by Defendants Morgan Stanley, Naniwa Energy, LLC, Naniwa Terminal, LLC. (Attachments: #1 Exhibit A - State Court Filings) (Gall, Maria) Modified on 2/18/2021 (EDS).
February 18, 2021 Filing 2 CERTIFICATE of Interested Parties by Morgan Stanley, Naniwa Energy, LLC, Naniwa Terminal, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent Morgan Stanley Capital Group, Inc., Corporate Parent Morgan Stanley Domestic Holdings, Inc., Corporate Parent Morgan Stanley Capital Management, LLC for Naniwa Energy, LLC, Naniwa Terminal, LLC; Corporate Parent Morgan Stanley Capital Management, LLC, Other Affiliate Mitsubishi UFJ Financial Group, Inc. 7-1 Marunouchi 2-chome, Chiyoda-ku, Tokyo 100-8330 for Morgan Stanley added. (Gall, Maria)
February 18, 2021 Filing 1 PETITION FOR REMOVAL from District Court, Clark County, Nevada, Case Number A-20-825395-C, (Filing fee $ 402 receipt number 0978-6374072) by Morgan Stanley, Naniwa Energy, LLC, Naniwa Terminal, LLC. (Attachments: #1 Exhibit A - State court filings, #2 Exhibit B - Declaration, #3 Exhibit C - Declaration, #4 Civil Cover Sheet) (Gall, Maria) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
February 18, 2021 Case randomly assigned to Judge Andrew P. Gordon and Judge William B. Shubb Judge Brenda Weksler. (DRS) Modified on 2/18/2021 to correct judge (AF).

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Defendant: Morgan Stanley
Represented By: Glen Silverstein
Represented By: Joshua Leader
Represented By: Maria A. Gall
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Defendant: Naniwa Energy, LLC
Represented By: Glen Silverstein
Represented By: Joshua Leader
Represented By: Maria A. Gall
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Defendant: Naniwa Terminal, LLC
Represented By: Glen Silverstein
Represented By: Joshua Leader
Represented By: Maria A. Gall
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Plaintiff: Switch, Ltd.
Represented By: Anne-Marie Birk
Represented By: Samuel D Castor
Represented By: Michael A. Wheable
Represented By: Lynnel Marie Reyes
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