Siemens Energy Inc v. Babcock & Wilcox Inc.
Plaintiff: Siemens Energy Inc
Defendant: Babcock & Wilcox Inc. and Babcock & Wilcox SPIG, Inc
Case Number: 1:2019cv11302
Filed: December 10, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis J Liman
Nature of Suit: Contract: Other
Cause of Action: 28:1391
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2020 Filing 20 ANSWER to #12 Counterclaim. Document filed by Siemens Energy Inc..(Carton, Christopher)
February 4, 2020 NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Paul A. Engelmayer is no longer assigned to the case..(wb)
February 3, 2020 Opinion or Order Filing 19 ORDER granting #18 Letter Motion to Adjourn Conference: Granted. The pretrial conference is adjourned to Tuesday, March 3, 2020, at 10 a.m. (Initial Conference set for 3/3/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/3/2020) (jwh)
January 31, 2020 Filing 18 LETTER MOTION to Adjourn Conference scheduled for February 19, 2020 addressed to Judge Paul A. Engelmayer from Christopher R. Carton dated January 31, 2020. Document filed by Siemens Energy Inc..(Carton, Christopher)
January 30, 2020 CASHIERS OFFICE CRIS DEPOSIT as per #13 Stipulation and Order, dated 1/17/2020, from Judge Paul A. Engelmayer, $1,054,800.00 deposited on 1/28/2020, Receipt Number 780006 and placed into CRIS on 1/29/2020. (cde)
January 23, 2020 Filing 17 NOTICE OF APPEARANCE by Erica M. Singer Mekles on behalf of Siemens Energy Inc. (Mekles, Erica)
January 22, 2020 Filing 16 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Siemens Beteiligungen USA GmbH, Corporate Parent Siemens Beteiligungen USA Inland GmbH, Corporate Parent Siemens AG for Siemens Energy Inc. Document filed by Siemens Energy Inc.(Carton, Christopher)
January 22, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christopher R. Carton to RE-FILE Document #15 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb)
January 21, 2020 Filing 15 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Siemens Energy Inc.(Carton, Christopher) Modified on 1/22/2020 (lb).
January 21, 2020 Opinion or Order Filing 14 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/19/2020 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer, as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 1/21/2020) (jwh)
January 17, 2020 Opinion or Order Filing 13 MEMO ENDORSEMENT on #10 STIPULATED MOTION TO DEPOSIT MONEY WITH THE COURT. NOW THEREFORE, Siemens and SPIG hereby stipulate and agree, by and through their undersigned counsel, subject to the Court's approval, to the following order relating to the deposit of the Disputed Amount into an interest bearing account with the Court, as follows: The Disputed Amount (i.e., U.S. $1,054,800.00) shall be deposited by the Clerk of Court into an interest bearing account. C.f. Local Civil Rule 67.1(c). Specifically, the Disputed Amount shall be deposited into a Disputed Ownership Fund ("DOF") established within the Court Registry System ("CRIS") and Administered by the Administrative Office of the United States Courts pursuant to the Standing Order which requires a separate account shall be established in the CRIS DOF titled in the name of the above-captioned case, and as further set forth herein. ENDORSEMENT: The above Stipulated Motion is GRANTED. (Signed by Judge Paul A. Engelmayer on 1/17/2020) (jwh) Transmission to Finance Unit (Cashiers) for processing.
January 17, 2020 Filing 12 ANSWER to #4 Complaint with JURY DEMAND., COUNTERCLAIM against Siemens Energy Inc. Document filed by Babcock & Wilcox SPIG, Inc.(Tsan, Clifford)
January 16, 2020 Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Babcock & Wilcox Enterprises, Inc. for Babcock & Wilcox SPIG, Inc. Document filed by Babcock & Wilcox SPIG, Inc.(Tsan, Clifford)
January 16, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER AUTHORIZING INTERPLEADER DEPOSIT (28 U.S.C. Section 1335). Document No. #10 Proposed Order Authorizing Interpleader Deposit (28 U.S.C. Section 1335), was reviewed and approved as to form. (cde)
January 16, 2020 Filing 10 PROPOSED ORDER AUTHORIZING INTERPLEADER DEPOSIT (28 U.S.C. 1335). Document filed by Siemens Energy Inc. (Attachments: #1 Supplement Cover Letter to Judge Engelmayer) (Carton, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
January 6, 2020 Filing 9 NOTICE OF APPEARANCE by Clifford Gee-tong Tsan on behalf of Babcock & Wilcox SPIG, Inc. (Tsan, Clifford)
December 20, 2019 Set/Reset Deadlines: Babcock & Wilcox SPIG, Inc answer due 1/17/2020. (jwh)
December 20, 2019 Opinion or Order Filing 8 ORDER granting #7 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 12/20/2019) (jwh)
December 20, 2019 Filing 7 MOTION for Extension of Time to Respond to the Complaint. Document filed by Babcock & Wilcox SPIG, Inc.(Butler, Brian)
December 18, 2019 Filing 6 AFFIDAVIT OF SERVICE. Babcock & Wilcox SPIG, Inc served on 12/13/2019, answer due 1/3/2020. Service was accepted by David Black, Managing Agent. Document filed by Siemens Energy Inc. (Carton, Christopher)
December 11, 2019 Filing 5 CIVIL COVER SHEET filed. (Carton, Christopher)
December 11, 2019 Filing 4 COMPLAINT against Babcock & Wilcox SPIG, Inc. Document filed by Siemens Energy Inc.(Carton, Christopher)
December 11, 2019 Filing 3 ELECTRONIC SUMMONS ISSUED as to Babcock & Wilcox SPIG, Inc. (dnh)
December 11, 2019 Case Designated ECF. (dnh)
December 11, 2019 Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh)
December 11, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (dnh)
December 11, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher R. Carton. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1330. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1391 Personal Injury. (dnh)
December 11, 2019 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Christopher R. Carton. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh)
December 11, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher R. Carton. The party information for the following party/parties has been modified: Siemens Energy Inc, Babcock & Wilcox Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted; alias party name was omitted. (dnh)
December 11, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher R. Carton to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the docket entry must reflect all of the party names. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh)
December 10, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Babcock & Wilcox SPIG, Inc., re: #1 Complaint. Document filed by Siemens Energy Inc. (Carton, Christopher)
December 10, 2019 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-18255346)Document filed by Siemens Energy Inc. (Attachments: #1 Civil Cover Sheet)(Carton, Christopher) Modified on 12/11/2019 (dnh).

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Defendant: Babcock & Wilcox Inc.
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Defendant: Babcock & Wilcox SPIG, Inc
Represented By: Clifford Gee-tong Tsan
Represented By: Brian J. Butler
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Plaintiff: Siemens Energy Inc
Represented By: Christopher R. Carton
Represented By: Erica M. Singer Mekles
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