Siemens Energy Inc v. Babcock & Wilcox Inc.
| Siemens Energy Inc |
| Babcock & Wilcox Inc. and Babcock & Wilcox SPIG, Inc |
| 1:2019cv11302 |
| December 10, 2019 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Contract: Other |
| 28 U.S.C. § 1391 |
| Both |
Docket Report
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This docket was last retrieved on July 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 ANSWER to #12 Counterclaim. Document filed by Siemens Energy Inc..(Carton, Christopher) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Paul A. Engelmayer is no longer assigned to the case..(wb) |
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)
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| 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) |
| 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) |
| Filing 17 NOTICE OF APPEARANCE by Erica M. Singer Mekles on behalf of Siemens Energy Inc. (Mekles, Erica) |
| 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) |
| ***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) |
| 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). |
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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)
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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.
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| Filing 12 ANSWER to #4 Complaint with JURY DEMAND., COUNTERCLAIM against Siemens Energy Inc. Document filed by Babcock & Wilcox SPIG, Inc.(Tsan, Clifford) |
| 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) |
| 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. |
| ***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) |
| Filing 9 NOTICE OF APPEARANCE by Clifford Gee-tong Tsan on behalf of Babcock & Wilcox SPIG, Inc. (Tsan, Clifford) |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 12/20/2019) (jwh)
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| Filing 7 MOTION for Extension of Time to Respond to the Complaint. Document filed by Babcock & Wilcox SPIG, Inc.(Butler, Brian) |
| Set/Reset Deadlines: Babcock & Wilcox SPIG, Inc answer due 1/17/2020. (jwh) |
| 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) |
| Filing 5 CIVIL COVER SHEET filed. (Carton, Christopher) |
| Filing 4 COMPLAINT against Babcock & Wilcox SPIG, Inc. Document filed by Siemens Energy Inc.(Carton, Christopher) |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to Babcock & Wilcox SPIG, Inc. (dnh) |
| ***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) |
| ***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) |
| ***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) |
| ***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) |
| 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) |
| Case Designated ECF. (dnh) |
| 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) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Babcock & Wilcox SPIG, Inc., re: #1 Complaint. Document filed by Siemens Energy Inc. (Carton, Christopher) |
| 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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