Siemens Energy, Inc. v. Markel Insurance Company
| Siemens Energy, Inc. |
| Markel Insurance Company |
| 1:2021cv01063 |
| November 3, 2021 |
| US District Court for the District of New Mexico |
| Kirtan Khalsa |
| Kea W Riggs |
| Steven C Yarbrough |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 47 CERTIFICATE OF SERVICE by Siemens Energy, Inc. of Siemens Energy, Inc.'s First Requests for Admissions to Markel Insurance Company (Russell, Nicole) |
| Filing 46 FILED IN ERROR: CERTIFICATE OF SERVICE by Siemens Energy, Inc. for Siemens Energy, Inc.'s First Requests for Admission to Markel Insurance Company (Russell, Nicole) Modified to add error text on 12/29/2021 (bc). |
Filing 44
ORDER SETTING RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. A Rule 16 Settlement Conference is set for 4/7/2022 at 09:30 AM via Zoom videoconferencing before Judge Khalsa. A Telephonic Pre-Settlement Status Conference is set for 3/28/2022 at 01:30 PM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. Plaintiff's demand letter is due to Defendant by 3/11/2022. Defendant's counteroffer letter is due to Plaintiff by 3/22/2022. The parties' confidential position statements are due to the Court by 3/24/2022. (kmt)
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| Filing 43 COUNTERCLAIM against Siemens Energy, Inc., filed by Markel Insurance Company. (Attachments: #1 Exhibit Ex. A - Payment Bond, #2 Exhibit Ex. B - Performance Bond, #3 Exhibit Ex. C - Indemnity Agreement)(Thomas, Jackson) |
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Filing 42
ORDER GRANTING MARKEL INSURANCE COMPANY'S UNOPPOSED MOTION FOR LEAVE TO FILE COUNTERCLAIM AGAINST SIEMENS ENERGY, INC. by District Judge Kea W. Riggs. Markel Insurance Company's #39 Unopposed Motion for Leave to File Counterclaim against Siemens Energy, Inc. is GRANTED. Defendant, Markel Insurance Company is GRANTED LEAVE to file a counterclaim against Plaintiff, Siemens Energy, Inc. Defendant SHALL FILE and SERVE the proposed Counterclaim upon Plaintiff within 14 days of the entry of this Order. (ve)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 41
ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN WITH CHANGES AND SETTING CASE MANAGEMENT DEADLINES by Magistrate Judge Kirtan Khalsa. Plaintiff to seek leave to join and amend by 1/14/2022. Defendant to seek leave to join and amend by 2/11/2022. Plaintiff's expert disclosures due by 3/16/2022. Defendant's expert disclosures due by 4/15/2022. Discovery due by 5/16/2022. Discovery motions due by 6/6/2022. Pretrial motions due by 6/16/2022. Proposed pretrial order due from Plaintiff to Defendant by 9/30/2022 and from Defendant to the Court by 10/14/2022. (kmt)
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| Filing 40 Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Rule 16 Initial Scheduling Conference held on 12/17/2021. (kmt) |
| Filing 39 MOTION for Leave to File Counterclaim by Markel Insurance Company. (Attachments: #1 Exhibit Markel's Proposed Counterclaim against Siemens Energy) (Thomas, Jackson) |
| Filing 38 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States District Judge Judith C. Herrera no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 37 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Judith C. Herrera as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Steven C. Yarbrough no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 36 NOTICE of Appearance by Kevin M. Sexton on behalf of Markel Insurance Company (Sexton, Kevin) |
| Filing 35 CERTIFICATE OF SERVICE by Siemens Energy, Inc. of Initial Disclosures (Russell, Nicole) |
| Filing 34 CERTIFICATE OF SERVICE by Markel Insurance Company Initial Disclosures (Thomas, Jackson) |
| Filing 33 Joint Status Report and Provisional Discovery Plan by Siemens Energy, Inc. (Russell, Nicole) |
| Filing 32 NOTICE of Appearance by Jackson Thomas on behalf of Markel Insurance Company (Thomas, Jackson) |
| Filing 31 NOTICE by Siemens Energy, Inc. Of Certification of Good Standing of Associated Counsel Robert L. Joyce (Russell, Nicole) |
| Filing 30 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Siemens Energy, Inc. by Nicole T. Russell on behalf of: Robert L. Joyce Littleton Park Joyce Ughetta & Kelly LLP 4 Manhattanville Road, Suite 202Purchase, NY 10577 914-417-3400 Fax 914-417-3401 robert.joyce@littletonpark.com (Association Dues - Online Payment) (Russell, Nicole)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 29 NOTICE by Siemens Energy, Inc. of Certification of Good Standing of Associated Counsel Eric J. Goldberg (Russell, Nicole) |
| Filing 28 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Siemens Energy, Inc. by Nicole T. Russell on behalf of: Eric J. Goldberg Littleton Park Joyce Ughetta & Kelly LLP 39 Broadway, 29th FloorNew York, NY 10006 212-404-5777 Fax 212-232-0088 Eric.goldberg@littletonpark.com (Association Dues - Online Payment) (Russell, Nicole)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Association Dues Received: $ 100 receipt number ANMDC-7985038 re: # 28 Association of Attorney Licensed Outside the District, filed by Siemens Energy, Inc. (Payment made via Pay.gov)(Russell, Nicole) |
| Association Dues Received: $ 100 receipt number ANMDC-7985175 re: # 30 Association of Attorney Licensed Outside the District, filed by Siemens Energy, Inc. (Payment made via Pay.gov)(Russell, Nicole) |
| Filing 27 NOTICE of Appearance by Nicole T. Russell on behalf of Siemens Energy, Inc. (Russell, Nicole) |
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Filing 26
INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by 11/26/2021. The parties' Joint Status Report and Provisional Discovery Plan is due by 12/7/2021. A Telephonic Rule 16 Initial Scheduling Conference is set for 12/17/2021 at 09:30 AM before Judge Khalsa. Counsel are to call the Court's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 12/13/2021. (kmt)
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| Filing 25 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) |
| Filing 24 Case transferred in from District of Virginia Eastern; Case Number 1:21-cv-01006. Original file certified copy of transfer order and docket sheet received. |
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Filing 23
ORDERED Markel Insurance Company's Motion to Transfer Venue #10 be, and the same hereby is, GRANTED and this case be, and the same hereby is, TRANSFERRED to the United States District Court for the District of New Mexico. Signed by District Judge Anthony J. Trenga on 11/3/2021. (dzir) [Transferred from Virginia Eastern on 11/3/2021.]
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| Filing 22 Minute Entry for proceedings held before District Judge Anthony J. Trenga: Motion Hearing held on 11/3/2021 re #10 MOTION to Transfer Case filed by Markel Insurance Company. Counsel appeared for Plaintiff and Defendant. Motion argued and granted. Order to follow. (Court Reporter R. Montgomery)(dzir) [Transferred from Virginia Eastern on 11/3/2021.] |
| United States Magistrate Judge Steven C. Yarbrough and United States Magistrate Judge Kirtan Khalsa assigned. (arp) |
| Case electronically transferred to the District of New Mexico. (dzir) [Transferred from Virginia Eastern on 11/3/2021.] |
| Set Deadlines as to #10 MOTION to Transfer Case . Motion Hearing set for 11/3/2021 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (dvanm) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 21 Notice of Hearing Date (November 3, 2021, at 10:00 a.m.) re #10 MOTION to Transfer Case (Green, Alexander) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 20 REPLY to Response to Motion re #10 MOTION to Transfer Case filed by Markel Insurance Company. (Green, Alexander) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 19 Memorandum in Opposition re #10 MOTION to Transfer Case filed by Siemens Energy, Inc.. (Attachments: #1 Affidavit)(Hooe, Laura) [Transferred from Virginia Eastern on 11/3/2021.] |
| Deadlines Terminated for the 11/5/2021 hearing - Please see the Notice of Correction dated on 10/07/2021 (clar, ) [Transferred from Virginia Eastern on 11/3/2021.] |
| Set Deadlines as to #10 MOTION to Transfer Case . Motion Hearing set for 11/5/2021 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, ) [Transferred from Virginia Eastern on 11/3/2021.] |
| Notice of Correction re #14 Notice of Hearing Date. The filing user has been notified to refile the notice of hearing for an appropriate Wednesday. (dvanm, ) [Transferred from Virginia Eastern on 11/3/2021.] |
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Filing 18
ORDER granting #16 Motion for Pro hac vice Appointed Christopher R. Ward for Markel Insurance Company. Signed by District Judge Anthony J Trenga on 10/06/2021. (jlan) [Transferred from Virginia Eastern on 11/3/2021.]
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Filing 17
ORDER granting #15 Motion for Pro hac vice Appointed Phillip W. Pemberton for Markel Insurance Company. Signed by District Judge Anthony J Trenga on 10/06/2021. (jlan) [Transferred from Virginia Eastern on 11/3/2021.]
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| Filing 16 Motion to appear Pro Hac Vice by Alexander R. Green and Certification of Local Counsel Christopher R. Ward Filing fee $ 75, receipt number AVAEDC-8034402. by Markel Insurance Company. (Green, Alexander) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 15 Motion to appear Pro Hac Vice by Alexander R. Green and Certification of Local Counsel Phillip W. Pemberton Filing fee $ 75, receipt number AVAEDC-8034391. by Markel Insurance Company. (Green, Alexander) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 14 Notice of Hearing Date (November 5, 2021, at 10:00 a.m.) re #10 MOTION to Transfer Case (Green, Alexander) [Transferred from Virginia Eastern on 11/3/2021.] |
| Notice of Correction re #10 MOTION to Transfer Case . The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. Counsel notified on 9/29/2021 (nneb) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 13 Corporate Disclosure Statement by Markel Insurance Company. (Green, Alexander) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 12 ANSWER to Complaint Subject to Contemporaneously-Filed Motion to Transfer by Markel Insurance Company.(Green, Alexander) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 11 Memorandum in Support re #10 MOTION to Transfer Case filed by Markel Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit A-1, #3 Exhibit Exhibit A-2, #4 Exhibit Exhibit A-3)(Green, Alexander) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 10 MOTION to Transfer Case by Markel Insurance Company. (Green, Alexander) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 9 SUMMONS Returned Executed Markel Insurance Company served on 9/7/2021, answer due 9/28/2021 filed by Siemens Energy, Inc.. (Hooe, Laura) Modified to correct docket event on 9/17/2021 (nneb, ). [Transferred from Virginia Eastern on 11/3/2021.] |
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Filing 8
ORDER granting #5 Motion for Pro hac vice Appointed Robert Laurent Joyce for Siemens Energy, Inc.. Signed by District Judge Anthony J Trenga on 09/02/2021. (clar, ) [Transferred from Virginia Eastern on 11/3/2021.]
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Filing 7
ORDER granting #4 Motion for Pro hac vice Appointed Eric Jay Goldberg for Siemens Energy, Inc.. Signed by District Judge Anthony J Trenga on 09/02/2021. (clar, ) [Transferred from Virginia Eastern on 11/3/2021.]
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| Filing 6 Summons Issued as to Markel Insurance Company. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(nneb) [Transferred from Virginia Eastern on 11/3/2021.] |
| Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge Michael S. Nachmanoff. (nneb) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 5 Motion to appear Pro Hac Vice by Robert Laurent Joyce and Certification of Local Counsel Laura M. Hooe Filing fee $ 75, receipt number AVAEDC-7975268. by Siemens Energy, Inc.. (Hooe, Laura) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 4 Motion to appear Pro Hac Vice by Eric Jay Goldberg and Certification of Local Counsel Laura M. Hooe Filing fee $ 75, receipt number AVAEDC-7975267. by Siemens Energy, Inc.. (Hooe, Laura) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 3 Proposed Summons re #1 Complaint by Siemens Energy, Inc.. (Hooe, Laura) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 2 Corporate Disclosure Statement by Siemens Energy, Inc.. (Hooe, Laura) [Transferred from Virginia Eastern on 11/3/2021.] |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-7975186.), filed by Siemens Energy, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Hooe, Laura) [Transferred from Virginia Eastern on 11/3/2021.] |
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