OMI Refractories, LLC v. Hankin Environmental Systems, Inc. et al
| OMI Refractories, LLC doing business as Bisco Refractories |
| HANKIN ENVIRONMENTAL SYSTEMS, INC. and BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY |
| 3:2023cv18489 |
| September 8, 2023 |
| US District Court for the District of New Jersey |
| Zahid N Quraishi |
| Rukhsanah L Singh |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER granting #34 Motion to Transfer Case to the United States District Court for the Southern District of Mississippi ***CIVIL CASE TERMINATED. Signed by Judge Zahid N. Quraishi on 10/23/2023. (kht)
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| Case extracted via ECF to the Southern District of Mississippi. (jjc, ) |
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Filing 43
TEXT ORDER: The rule 16 conference scheduled for 12/18/2023 is adjourned without a new date at this time. So Ordered by Magistrate Judge Rukhsanah L. Singh on 10/20/2023. (mm)
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| Filing 42 Proposed Order by OMI Refractories, LLC. (SOSNOWICZ, STASHA) |
| Text Minute Entry for proceedings held before Judge Zahid N. Quraishi: Telephone Conference held on 10/10/2023. (kas, ) |
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Filing 41
ORDER Scheduling Conference set for 12/18/2023 at 2:00 PM before Magistrate Judge Rukhsanah L. Singh in person at the Clarkson S. Fisher Building & U.S. Courthouse, 402 East State Street, Trenton, NJ. Signed by Magistrate Judge Rukhsanah L. Singh on 10/10/2023. (kht)
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Filing 40
TEXT ORDER: The Rule 16 Conference set for 10/24/2023, is adjourned without a new date at this time. So Ordered by Magistrate Judge Rukhsanah L. Singh on 10/10/2023. (mm)
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| Filing 39 Letter. (Attachments: #1 Exhibit A, #2 Exhibit B)(SOSNOWICZ, STASHA) |
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Filing 38
CONSENT ORDER extending time for Defendants to file opposition to Plaintiff's Motion to Transfer Venue. Further, a telephone conference is hereby scheduled for 10/10/2023 at 11:00 am. Counsel for the Defendants shall initiate the call to our chambers line: 609-989-2105. Signed by Judge Zahid N. Quraishi on 10/2/2023. (mlh)
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| Filing 37 Proposed Order Extending time to file opposition by All Defendants. (COGAN, DANIEL) |
| Filing 36 Letter from Counsel for Defendants. (COGAN, DANIEL) |
| Filing 35 NOTICE of Appearance by DANIEL JAMES COGAN on behalf of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, HANKIN ENVIRONMENTAL SYSTEMS, INC. (COGAN, DANIEL) |
| Set Deadlines as to #34 MOTION to Transfer Case to USDC of S. Dist of Miss . Motion set for 10/16/2023 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg, ) |
| Filing 34 MOTION to Transfer Case to USDC of S. Dist of Miss by OMI Refractories, LLC. (Attachments: #1 Brief Brief, #2 Text of Proposed Order Order, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Certificate of Service Cert of Service)(SOSNOWICZ, STASHA) |
| Filing 33 NOTICE of Appearance by STASHA SOSNOWICZ on behalf of OMI Refractories, LLC (Attachments: #1 Certificate of Service Certificate of Service)(SOSNOWICZ, STASHA) |
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Filing 32
ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 10/24/2023 at 2:30 PM before Magistrate Judge Rukhsanah L. Singh. Signed by Magistrate Judge Rukhsanah L. Singh on 9/11/2023. (mlh)
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| Filing 31 Clerk's Letter: Attorney, ADAM HARRIS is not admitted to the Federal Bar of New Jersey. Notice has been mailed to 2602 13TH STREET, SUITE 300, GULFPORT, MS 39501. (jjc, ) |
| Filing 30 Clerk's Letter: Attorney EDWARD C. TAYLOR and KATIE R. VAN CAMP are not admitted to the Federal Bar of New Jersey. Notice has been mailed 1319 26th Ave., Gulfport, MS 39501 (jjc, ) |
| Filing 29 Certified Copy of Transfer Order and docket received, Case transferred in from District of Mississippi Southern; Case Number 1:23-cv-00102. Original file certified copy of transfer order and docket sheet received. |
| Judge Zahid N. Quraishi and Magistrate Judge Rukhsanah L. Singh added. (jjc, ) |
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Filing 28
ORDER denying as moot #24 Motion for Leave to File Subpoena Duces Tecum; granting #13 Motion to Change Venue. This matter is transferred to the District of New Jersey. Clerk is directed to take the appropriate steps to effectuate the transfer. Signed by Magistrate Judge Michael T. Parker on 9/7/23. (RLW)
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| Remark: Email sent to IT Department to electronically transfer case to New Jersey. Clerk will docket confirmation email when received from New Jersey. (RLW) |
| District Transfer Out to the District of New Jersey (RLW) |
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Filing 27
ORDER denying #23 Motion for Leave to File. Signed by Magistrate Judge Michael T. Parker on September 5, 2023. (ST)
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| Filing 26 Response in Opposition re #23 MOTION for Leave to File Sur-Reply to Reply Brief of Hankin Environmental Systems, Inc. in Support of Motion to Transfer Venue by OMI Refractories, LLC (Taylor, Edward) filed by Hankin Environmental Systems, Inc. (Harris, Adam) |
| Filing 25 **STRICKEN PER ORDER #27 **REPLY to Response to Motion re Order, [] Memorandum in Support of Motion, [] Response in Opposition,, [] MOTION to Change Venue, [] MOTION for Leave to File Sur-Reply to Reply Brief of Hankin Environmental Systems, Inc. in Support of Motion to Transfer Venue, [] Reply to Response to Motion Sur-Reply to Reply Brief of Hankin Environmental Systems, Inc. in Support of Motion to Transfer Venue filed by OMI Refractories, LLC (Taylor, Edward) Modified on 9/5/2023 (JCH). |
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TEXT ONLY ORDER re #23 MOTION for Leave to File Sur-Reply to Reply Brief of Hankin Environmental Systems, Inc. in Support of Motion to Transfer Venue filed by OMI Refractories, LLC. The Court finds that the Motion should be afforded expedited consideration. Any response shall be filed on or before September 1, 2023. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Michael T. Parker on August 29, 2023. (ST)
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| Filing 24 MOTION for Leave to File Serve Subpoena Duces Tecum by OMI Refractories, LLC (Taylor, Edward) |
| Filing 23 MOTION for Leave to File Sur-Reply to Reply Brief of Hankin Environmental Systems, Inc. in Support of Motion to Transfer Venue by OMI Refractories, LLC (Taylor, Edward) |
| Filing 22 REPLY to Response to Motion re #13 MOTION to Change Venue filed by Hankin Environmental Systems, Inc. (Attachments: #1 Exhibit A - Memorandum of Understanding and Agreement)(Harris, Adam) |
| DOCKET ANNOTATION as to # 22. 1.) Attorney is advised that based on the title and case law throughout the document, it should have been filed as a Memorandum in Support of Motion. Attorney does not need to re-file. 2.) Attorney is advised that the complete case number with judge initials should be listed on all future filings: 1:23cv102 HSO-MTP. (JCH) |
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TEXT ONLY ORDER granting #20 Unopposed Motion for Extension of Time to File Reply re #20 Response in Opposition to Motion to Transfer Venue. Reply due by 8/25/2023. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on August 9, 2023 (KPM)
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| Filing 21 NOTICE of Appearance by Katie R. Van Camp on behalf of OMI Refractories, LLC (Van Camp, Katie) |
| Filing 20 MOTION for Extension of Time to File Response/Reply as to #19 Response in Opposition,, by Hankin Environmental Systems, Inc. (Harris, Adam) |
| Filing 19 Response in Opposition re #14 MEMORANDUM in Support re #13 MOTION to Change Venue filed by Hankin Environmental Systems, Inc. (Harris, Adam), #13 MOTION to Change Venue by Hankin Environmental Systems, Inc. (Attachments: #1 Exhibit A to Motion to Transfer)(Harris, Adam) filed by OMI Refractories, LLC (Attachments: #1 Exhibit A - Work Document, #2 Exhibit B - Purchase Order, #3 Exhibit C - Subcontract Payment Bond, #4 Exhibit D - Opinion of MS State Board of Contractors)(Taylor, Edward) |
| Filing 18 Joinder in Document by Berkshire Hathaway Specialty Insurance Company to #14 Memorandum in Support of Motion filed by Hankin Environmental Systems, Inc., #13 MOTION to Change Venue filed by Hankin Environmental Systems, Inc. (Harris, Adam) |
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TEXT ONLY ORDER granting #17 Unopposed Motion for Extension of Time to File Response/Reply as to #13 MOTION to Change Venue. For good cause shown and without opposition, the deadline for Plaintiff to respond to the Motion to Change Venue #13 is extended to 8/4/23. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on July 17, 2023 (KPM)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Change Venue by OMI Refractories, LLC (Taylor, Edward) |
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TEXT ONLY ORDER granting #16 Motion to Appear Pro Hac Vice. Daniel J. Cogan is hereby admitted pro hac vice 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 written order will issue. Signed by Magistrate Judge Michael T. Parker on July 12, 2023 (KPM)
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| Filing 16 MOTION for Daniel J. Cogan to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5157836) by Berkshire Hathaway Specialty Insurance Company, Hankin Environmental Systems, Inc. (Attachments: #1 Attachment Certificate of Good Standing)(Harris, Adam) |
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TEXT ONLY ORDER granting #15 Unopposed Motion for Additional Time to File Response to Motion to Change Venue. For good cause shown and without opposition, the deadline for Plaintiff to file its response to the Motion to Change Venue #13 is extended to 7/17/2023. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on June 28, 2023. (AS)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Change Venue by OMI Refractories, LLC (Taylor, Edward) |
| Filing 14 MEMORANDUM in Support re #13 MOTION to Change Venue filed by Hankin Environmental Systems, Inc. (Harris, Adam) |
| Filing 13 MOTION to Change Venue by Hankin Environmental Systems, Inc. (Attachments: #1 Exhibit A to Motion to Transfer)(Harris, Adam) |
| Filing 12 ANSWER to #7 Amended Complaint, by Berkshire Hathaway Specialty Insurance Company.(Harris, Adam) |
| Filing 11 ANSWER to #7 Amended Complaint, by Hankin Environmental Systems, Inc..(Harris, Adam) |
| DOCKET ANNOTATION as to # 13. Attorney is advised that the exhibit description should be a short description of what the exhibit actually is not just referencing the document it is pertaining to (Example: Exhibit A - Purchase Order). Attorney is not required to re-file, but should follow this procedure in future filings. (JCH) |
| DOCKET ANNOTATION as to # 12. Attorney is advised that the correct judge initials for this case are HSO-MTP, which should be used on all future filings. (JCH) |
| DOCKET ANNOTATION as to # 10. Attorney is advised that the complete case number with judge initials should be listed on all future filings: 1:23cv102 HSO-MTP (JCH) |
| Filing 10 Unopposed MOTION for Extension of Time to File Answer re #7 Amended Complaint, by Berkshire Hathaway Specialty Insurance Company, Hankin Environmental Systems, Inc. (Harris, Adam) |
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TEXT ONLY ORDER granting #10 Unopposed Motion for Extension of Time to Answer re #7 Amended Complaint. Berkshire Hathaway Specialty Insurance Company answer due 6/13/2023; Hankin Environmental Systems, Inc. answer due 6/13/2023. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on May 30, 2023 (KPM)
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| DOCKET ANNOTATION as to # 9. Incorrect service date listed in the summons return entry. Pursuant to the attached return, the defendant was served on 5/10/23, not 5/6/23. Clerk's Office has modified the entry and the answer due date. (JCH) |
| Set/Reset Deadlines: Hankin Environmental Systems, Inc. answer due 5/31/2023. (JCH) |
| Filing 9 SUMMONS Returned Executed by OMI Refractories, LLC. Hankin Environmental Systems, Inc. served on 5/10/2023, answer due 5/31/2023. (Taylor, Edward) Modified to correct service date and answer due date on 5/12/2023 (JCH). |
| Filing 8 SUMMONS Returned Executed by OMI Refractories, LLC. Berkshire Hathaway Specialty Insurance Company served on 5/9/2023, answer due 5/30/2023. (Taylor, Edward) |
| DOCKET ANNOTATION as to # 8. Attorney is advised that the summons return executed filed should have been the original summons issued by the clerk and stamped "return", not a copy of the summons issued retrieved from ECF. The document does not need to be re-filed, but this procedure should be followed in future filings. (JCH) |
| Filing 7 AMENDED COMPLAINT against Berkshire Hathaway Specialty Insurance Company, Hankin Environmental Systems, Inc., filed by OMI Refractories, LLC. (Attachments: #1 Exhibit 1 - Contract Agreement dtd June 29, 2021, #2 Exhibit 2 - Seven Page Work Document, #3 Exhibit 3 - Purchase Order, #4 Exhibit 4 - Subcontract Payment Bond, #5 Exhibit 5 - Correspondence dtd August 12, 2022, #6 Exhibit 6 - Correspondence dtd March 3, 2023)(Taylor, Edward) |
| Filing 6 Corporate Disclosure Statement by OMI Refractories, LLC (Taylor, Edward) |
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Filing 5
Response to Order re #3 ORDER requiring Plaintiff to file its diversity disclosure statement under Federal Rule of Civil Procedure 7.1(a)(2) and a brief to establish subject-matter jurisdiction. Signed by District Judge Halil S. Ozerden on April 18, 2023. (ENW) filed by OMI Refractories, LLC (Attachments: #1 Exhibit A. Disclosure Statement, #2 Exhibit B - Alabama Secretary of State Records, #3 Exhibit C - Operating Agreement of OMI Refractories, #4 Exhibit D - Articles of Merger, #5 Exhibit E - Application for Registration of Fictitious Name, #6 Exhibit F - Stock Purchase Agreement, #7 Exhibit G - Alabama Secretary of State Records 2, #8 Exhibit H - Delaware Dept. of State Div. of Corporaitons, #9 Exhibit I - Hankin Headquarters Web Print, #10 Exhibit J - Nebraska Secretary of State Records, #11 Exhibit K - Berkshire Hathaway Inc Subsidiaries of Registrant, #12 Exhibit L - Berkshire Hathaway Specialty Ins. Co. Web Print)(Taylor, Edward)
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| Filing 4 **DISREGARD** MOTION for Disclosure by OMI Refractories, LLC (Taylor, Edward) Modified on 4/25/2023 (JCH). |
| DOCKET ANNOTATION as to # 4. Attorney is advised that this document should not have been filed as a Motion. Clerk's Office has terminated this as a pending motion and it has been disregarded on the docket. The document should be re-filed as a "Corporate Disclosure Statement", which can be found under the "Other Documents" category. (JCH) |
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Filing 3
ORDER requiring Plaintiff to file its diversity disclosure statement under Federal Rule of Civil Procedure 7.1(a)(2) and a brief to establish subject-matter jurisdiction. Signed by District Judge Halil S. Ozerden on April 18, 2023. (ENW)
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| Filing 2 Summons Issued as to Berkshire Hathaway Specialty Insurance Company, Hankin Environmental Systems, Inc. (RLW) |
| Filing 1 COMPLAINT, with jury demand, against Berkshire Hathaway Specialty Insurance Company, Hankin Environmental Systems, Inc. (Filing fee $402.00, receipt number 1026), filed by OMI Refractories, LLC (Attachments: #1 Exhibit 1 - Subcontract, #2 Exhibit 2 - Work Document, #3 Exhibit 3 - Purchase Order, #4 Exhibit 4 - Subcontract Payment Bond, #5 Exhibit 5 - Correspondence from O'Neal to Hankin, #6 Exhibit 6 - Correspondence from Berkshire, #7 Civil Cover Sheet) (RLW) |
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