Convergen Energy WI LLC v. L'Anse Warden Electric Company LLC
Plaintiff: Convergen Energy WI LLC
Defendant: L'Anse Warden Electric Company LLC
Case Number: 1:2020cv05240
Filed: July 8, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Lewis J Liman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2020 Filing 47 LETTER addressed to Judge Lewis J. Liman from Benjamin D. LaFrombois, Esq. dated 08-19-2020 re: status of arbitration. Document filed by Convergen Energy WI LLC. (Attachments: #1 Exhibit A-AAA Letter to Counsel (6-17), #2 Exhibit B-AAA Email to Counsel (8-12), #3 Exhibit C-Atty Stolper Email to AAA (8-13), #4 Exhibit D-AAA Email to Counsel (8-14)).(LaFrombois, Ben)
July 22, 2020 Opinion or Order Filing 46 ORDER granting #44 Motion for Benjamin D. LaFrombois to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mg)
July 22, 2020 Opinion or Order Filing 45 ORDER granting #41 Motion for William E. Fischer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mg)
July 22, 2020 Filing 44 MOTION for Benjamin D. LaFrombois to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Convergen Energy WI LLC. (Attachments: #1 Affidavit of B LaFrombois, #2 Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice re B LaFrombois).(LaFrombois, Ben)
July 22, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #42 MOTION for Benjamin D. LaFrombois to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20785729. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order in this filing. Re-file as a Motion to Appear Pro Hac Vice - attach Proposed Order - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach affidavit. (aea)
July 22, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #44 MOTION for Benjamin D. LaFrombois to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
July 21, 2020 Filing 43 PROPOSED ORDER. Document filed by Convergen Energy WI LLC. Related Document Number: #42 ..(LaFrombois, Ben) Proposed Order to be reviewed by Clerk's Office staff.
July 21, 2020 Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Benjamin D. LaFrombois to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20785729. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Convergen Energy WI LLC. (Attachments: #1 Affidavit of B LaFrombois, #2 Certificate of Good Standing).(LaFrombois, Ben) Modified on 7/22/2020 (aea).
July 17, 2020 Filing 41 MOTION for William E. Fischer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20735925. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Convergen Energy WI LLC. (Attachments: #1 Affidavit of William Fischer in Support of Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order Order for Admission Pro Hac Vice).(Fischer, William)
July 17, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for William E. Fischer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20735925. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
July 14, 2020 Filing 40 NOTICE OF APPEARANCE by Dov Byron Gold on behalf of L'Anse Warden Electric Company LLC..(Gold, Dov)
July 13, 2020 Filing 39 RESPONSE in Opposition to Motion re: #33 for Leave to File Sur-Reply. Document filed by Convergen Energy WI LLC..(LaFrombois, Ben)
July 13, 2020 Filing 38 LETTER addressed to Judge Lewis J. Liman from Benjamin D. LaFrombois, Esq. dated 7-13-2020 re: Plaintiff's Response to Defendant's Motion for Leave to File Sur-Reply. Document filed by Convergen Energy WI LLC..(LaFrombois, Ben)
July 9, 2020 CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03746-LJL. Notice of Assignment to follow. (ad)
July 9, 2020 Magistrate Judge Sarah Netburn 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. (ad)
July 9, 2020 NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (ad)
July 8, 2020 Filing 37 CASE TRANSFERRED IN from the United States District Court - District of Wisconsin Western; Case Number: 3:20-cv-00543. Original file certified copy of transfer order and docket entries received. (sjo)
July 8, 2020 Opinion or Order Filing 36 ORDER granting #12 Motion to Transfer to the Southern District of New York () Signed by District Judge William M. Conley on 7/8/2020. (jls) [Transferred from Wisconsin Western on 7/8/2020.]
July 8, 2020 Case Designated ECF. (sjo)
July 8, 2020 CASE REFERRED TO Judge Lewis J. Liman as possibly related to 1:20-cv-3746. (sjo)
July 8, 2020 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
July 6, 2020 Filing 35 ANSWER by Defendant L'Anse Warden Electric Company LLC. (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
July 6, 2020 Filing 34 Declaration of Camilo Patrignani filed by Defendant L'Anse Warden Electric Company LLC re: #33 Motion for Leave to File, (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
July 6, 2020 Filing 33 Motion for Leave to File Sur-Reply by Defendant L'Anse Warden Electric Company LLC. (Attachments: #1 Exhibit A-Defendant's Sur-Reply in Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction) (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
July 6, 2020 Filing 32 Disregard. Modified on 7/6/2020. (lak) [Transferred from Wisconsin Western on 7/8/2020.]
July 6, 2020 Filing 31 Disregard. Modified on 7/6/2020. (lak) [Transferred from Wisconsin Western on 7/8/2020.]
June 25, 2020 Filing 30 Supplemental Declaration of Theodore J. Hansen filed by Plaintiff Convergen Energy WI LLC re: #6 Motion for Preliminary Injunction (LaFrombois, Benjamin) [Transferred from Wisconsin Western on 7/8/2020.]
June 25, 2020 Filing 29 Brief in Reply by Plaintiff Convergen Energy WI LLC in Support of #6 Motion for Preliminary Injunction (LaFrombois, Benjamin) [Transferred from Wisconsin Western on 7/8/2020.]
June 25, 2020 Filing 28 Supplemental Declaration of Attorney George Burnett filed by Defendant L'Anse Warden Electric Company LLC In Support re: #12 Motion to Transfer (Attachments: #1 Exhibit A - Eastern District of Wisconsin Amended Complaint) (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 25, 2020 Filing 27 Brief in Reply by Defendant L'Anse Warden Electric Company LLC in Support of #12 Motion to Transfer (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 24, 2020 Opinion or Order Filing 26 ** TEXT ONLY ORDER **ORDER granting #19 Motion to Admit Michael Stolper Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 6/24/2020. (lak) [Transferred from Wisconsin Western on 7/8/2020.]
June 23, 2020 Filing 25 Declaration of William E. Fischer filed by Plaintiff Convergen Energy WI LLC in support of Brief in Opposition re: #12 Motion to Transfer (Attachments: #1 Exhibit A-Email with draft SDNY Complaint, #2 Exhibit B-SDNY Complaint, #3 Exhibit C-SDNY Order to Show Cause) (LaFrombois, Benjamin) [Transferred from Wisconsin Western on 7/8/2020.]
June 23, 2020 Filing 24 Brief in Opposition by Plaintiff Convergen Energy WI LLC re: #12 Motion to Transfer filed by L'Anse Warden Electric Company LLC (LaFrombois, Benjamin) [Transferred from Wisconsin Western on 7/8/2020.]
June 23, 2020 Filing 23 Response to Proposed Findings of Fact filed by Defendant L'Anse Warden Electric Company LLC re: #6 Motion for Preliminary Injunction (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 23, 2020 Filing 22 Declaration of Camilo Patrignani filed by Defendant L'Anse Warden Electric Company LLC in opposition re: #6 Motion for Preliminary Injunction (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 23, 2020 Filing 21 Declaration of Attorney Dov Gold filed by Defendant L'Anse Warden Electric Company LLC in opposition re: #6 Motion for Preliminary Injunction (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 23, 2020 Filing 20 Brief in Opposition by Defendant L'Anse Warden Electric Company LLC re: #6 Motion for Preliminary Injunction filed by Convergen Energy WI LLC (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 23, 2020 Filing 19 Motion to Admit Michael Stolper Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2702281.) by Defendant L'Anse Warden Electric Company LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Stolper, Michael) [Transferred from Wisconsin Western on 7/8/2020.]
June 22, 2020 Minute Entry for proceedings held before District Judge William M. Conley: Telephonic Scheduling Conference held on 6/19/2020 [:30] (mfh) [Transferred from Wisconsin Western on 7/8/2020.]
June 19, 2020 Opinion or Order Filing 18 ** TEXT ONLY ORDER ** Earlier today, the court held a telephonic scheduling conference with counsel from both parties. At the conference, the court set the following briefing schedule: Defendant's response to plaintiff's motion for preliminary injunction (dkt. #6 ) is due June 23, 2020, and plaintiff's reply is due June 25, 2020. Plaintiff's response to defendant's motion to transfer venue (dkt. #12 ) is due June 23, 2020, and defendant's reply is due June 25, 2020. Signed by District Judge William M. Conley on 6/19/2020. (jls) [Transferred from Wisconsin Western on 7/8/2020.]
June 19, 2020 Set Deadlines/Hearings: Telephone Status Conference set for 6/19/2020 at 04:00 PM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5087. (jls) [Transferred from Wisconsin Western on 7/8/2020.]
June 18, 2020 Filing 17 Response re: 16 Order,,,,, on Motion to Expedite the Briefing and Decision of Plaintiff's Motion for Preliminary Injunction by Defendant L'Anse Warden Electric Company LLC. (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 18, 2020 Opinion or Order Filing 16 ** TEXT ONLY ORDER **Earlier today, defendant filed a motion for extension to file briefs. (Dkt. #15 .) Apparently, defendant believes that the court set its deadline to respond to plaintiff's motion for preliminary injunction (dkt. #6 ) as tomorrow, June 19, 2020. But this is mistaken -- the June 19, 2020, deadline is when defendant is required to respond to plaintiff's motion to expedite briefing (dkt. #11 ). For now, defendant's deadline to respond to plaintiff's motion for preliminary injunction remains July 7, 2020. Accordingly, with this clarification, defendant's motion for extension of time (dkt. #15 ) is DENIED. Additionally, because defendant is now seeking expedited briefing on its own motion to transfer venue (see dkt. #12 ), the court will: (1) require defendant to submit a response to plaintiff's motion to expedite briefing (dkt. [#11]) by tomorrow, June 19, 2020, at 3pm; AND (2) hold a telephonic status conference with the parties to consider the proposed, expedited briefing schedules on both the PI and transfer motions tomorrow, June 19, 2020, at 4pm. Counsel for plaintiff is responsible for setting up the call to chambers at (608) 264-5087. Signed by District Judge William M. Conley on 6/18/2020. [Transferred from Wisconsin Western on 7/8/2020.]
June 18, 2020 Filing 15 Motion for Extension of Time to file briefs by Defendant L'Anse Warden Electric Company LLC. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 6/25/2020. (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 18, 2020 Filing 14 Declaration of George Burnett filed by Defendant L'Anse Warden Electric Company LLC re: #12 Motion to Transfer (Attachments: #1 Exhibit A - Complaint filed in US District Court for the Southern District of NY, #2 Exhibit B - Complaint filed in Brown County Wisconsin Circuit Court, #3 Exhibit C - Civil docket for Southern District of NY, #4 Exhibit D - Order to show cause in Southern District of NY, #5 Exhibit E - Order extending temporary restraining order) (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 18, 2020 Filing 13 Brief in Support of #12 Motion to Transfer venue to the U.S. District Court for the Southern District of NY by Defendant L'Anse Warden Electric Company LLC (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 18, 2020 Filing 12 MOTION TO TRANSFER to Southern District of New York (expedited motion) by Defendant L'Anse Warden Electric Company LLC. Brief in Opposition due 7/9/2020. Brief in Reply due 7/20/2020. (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 18, 2020 Notice to counsel: Disregard briefing deadlines set on 6/17/2020 RE #6 MOTION FOR PRELIMINARY INJUNCTION and Supporting Argument; set in error. Set/Reset Briefing Deadlines as to #11 Motion to Expedite Briefing and Decision on Motion for Preliminary Injunction. Brief in Opposition due 6/19/2020. (jls) [Transferred from Wisconsin Western on 7/8/2020.]
June 18, 2020 Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak) [Transferred from Wisconsin Western on 7/8/2020.]
June 17, 2020 Filing 11 Motion to Expedite Briefing and Decision on Motion for Preliminary Injunction by Plaintiff Convergen Energy WI LLC. Response due 6/24/2020. (Fischer, William) [Transferred from Wisconsin Western on 7/8/2020.]
June 17, 2020 Set/Reset Briefing Deadlines as to #6 MOTION FOR PRELIMINARY INJUNCTION and Supporting Argument. Brief in Opposition due 6/23/2020. Brief in Reply due 6/25/2020. (jls) [Transferred from Wisconsin Western on 7/8/2020.]
June 16, 2020 Filing 10 Corporate Disclosure Statement by Plaintiff Convergen Energy WI LLC. (Fischer, William) [Transferred from Wisconsin Western on 7/8/2020.]
June 16, 2020 Filing 9 Notice by Plaintiff Convergen Energy WI LLC Letter to Hon. Stephen L. Crocker. (Fischer, William) [Transferred from Wisconsin Western on 7/8/2020.]
June 16, 2020 Filing 8 Proposed Findings of Fact re: #6 Motion for Preliminary Injunction filed by Convergen Energy WI LLC. (Fischer, William) Modified on 6/16/2020. (lak) [Transferred from Wisconsin Western on 7/8/2020.]
June 16, 2020 Filing 7 Affidavit of Theodore J. Hansen filed by Plaintiff Convergen Energy WI LLC re: #6 Motion for Preliminary Injunction (Attachments: #1 Exhibit A - Supply Agreement, #2 Exhibit B - Email from L'Anse to CE Wisconsin dated June 11, 2020, #3 Exhibit C - Invoices & Emails from CE Wisconsin to L'Anse, #4 Exhibit D - CE Wisconsin's AAA Demand) (Fischer, William) [Transferred from Wisconsin Western on 7/8/2020.]
June 16, 2020 Filing 6 MOTION FOR PRELIMINARY INJUNCTION and Supporting Argument by Plaintiff Convergen Energy WI LLC. (Attachments: #1 Text of Proposed Order [Proposed] Order for Temporary Injunction) (Fischer, William) [Transferred from Wisconsin Western on 7/8/2020.]
June 16, 2020 Filing 5 Notice of Appearance filed by William E. Fischer for Plaintiff Convergen Energy WI LLC. (Fischer, William) [Transferred from Wisconsin Western on 7/8/2020.]
June 16, 2020 Case randomly assigned to Magistrate Judge Stephen L. Crocker. (jls) [Transferred from Wisconsin Western on 7/8/2020.]
June 16, 2020 Set/Reset Deadlines as to #6 MOTION FOR PRELIMINARY INJUNCTION and Supporting Argument. #Procedure to be followed on Motions for Injunctive Relief attached. Brief in Opposition due 7/7/2020. Brief in Reply due 7/17/2020. (jls/kko) [Transferred from Wisconsin Western on 7/8/2020.]
June 16, 2020 Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service: #Corporate Disclosure Statement, #Order Regarding Assignment of Cases, #Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, #Order on Dispositive Motions. (jls) [Transferred from Wisconsin Western on 7/8/2020.]
June 16, 2020 Action Requested: If you have not already provided your #Consent to Magistrate/Request for Reassignment form, please do so by 6/19/2020. (lak) [Transferred from Wisconsin Western on 7/8/2020.]
June 15, 2020 Filing 4 Exhibit to #1 Notice of Removal filed by L'Anse Warden Electric Company LLC (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 15, 2020 Filing 3 Declaration of Michael Stolper re #1 Notice of Removal (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 15, 2020 Filing 2 Corporate Disclosure Statement by Defendant L'Anse Warden Electric Company LLC. (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]
June 15, 2020 Filing 1 NOTICE OF REMOVAL ( Filing fee $ 400 receipt number 0758-2697212), filed by L'Anse Warden Electric Company LLC. (Attachments: #1 JS-44 Civil Cover Sheet) (Burnett, Ralph) [Transferred from Wisconsin Western on 7/8/2020.]

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Plaintiff: Convergen Energy WI LLC
Represented By: Benjamin David LaFrombois
Represented By: William E. Fischer
Represented By: Ben LaFrombois
Represented By: William Fischer
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Defendant: L'Anse Warden Electric Company LLC
Represented By: Michael Stolper
Represented By: Ralph George Burnett
Represented By: Dov Byron Gold
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