PYROLYX USA INDIANA, LLC et al v. ZEPPELIN SYSTEMS GmbH et al
Pyrolyx AG, Pyrolyx USA Indiana, LLC and Pyrolyx USA Inc. |
Zeppelin Systems GmbH and ZEPPELIN SYSTEMS USA, INC. |
1:2020cv05436 |
July 15, 2020 |
US District Court for the Southern District of New York |
Foley Square Office |
Colleen McMahon |
Contract: Other |
28 U.S.C. § 1332 nr |
Plaintiff |
Docket Report
This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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CONSOLIDATED MEMBER CASE: Create association to 1:19-cv-11222-CM. (mml) |
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CASE ACCEPTED AS RELATED. Create association to 1:19-cv-11222-CM. Notice of Assignment to follow. (wb) |
NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb) |
Magistrate Judge Robert W. Lehrburger 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. (wb) |
Filing 66 JOINT MOTION to Consolidate Cases 1:19-cv-11222 . Document filed by ZEPPELIN SYSTEMS USA, INC., Zeppelin Systems GmbH. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Consolidate).(Brar, Kuldeep) |
Filing 65 MOTION for Jeffry Alan Lind to Withdraw as Attorney . Document filed by Pyrolyx AG, Pyrolyx USA Inc., Pyrolyx USA Indiana, LLC..(Weldon, Matthew) |
Filing 64 CASE TRANSFERRED IN from the United States District Court - District of Indiana Southern; Case Number: 2:20-cv-00108. Original file certified copy of transfer order and docket entries received. (sjo) |
Case Designated ECF. (sjo) |
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) |
CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:19-cv-11222. (sjo) |
Filing 63 Transfer Letter to Clerk of the Southern District of New York. Case transferred electronically to Southern District of New York, on July 14, 2020. (KAA) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 62 CLOSED TRANSFER to the Southern District of New York. The Court GRANTS Defendants' Motion to Transfer Venue or, in the Alternative, to Dismiss or Stay Plaintiffs' Claims Against Defendants, #23 , and the Clerk is DIRECTED to transfer this matter to the United States District Court for the Southern District of New York. Defendants' Partial Motion to Dismiss Plaintiffs' Complaint, #48 , shall be terminated on the docket of this Court, but shall remain pending for disposition in the transferee court. Signed by Judge Jane Magnus-Stinson on 7/14/2020.(KAA) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 61 Exhibit List , filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC., Witness List , filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Brar, Kip) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 60 Exhibit List , filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC, Witness List , filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Wickard, William) [Transferred from Indiana Southern on 7/15/2020.] |
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Filing 58 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Kip Brar hereby notifies the Clerk of the court of changed contact information. (Brar, Kip) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 57 REPLY in Support of Motion re #48 MOTION to Dismiss Partial Motion to Dismiss Plaintiffs' Complaint , filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Brar, Kip) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 56 RESPONSE in Opposition re #48 MOTION to Dismiss Partial Motion to Dismiss Plaintiffs' Complaint , filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Wickard, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 55 MOTION for Refund of Fees Paid Electronically , filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Attachments: #1 Text of Proposed Order Order on Refund of Filing Fee)(Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
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Filing 53 REPLY in Support of Motion re #23 MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS OR STAY PLAINTIFFS CLAIMS AGAINST DEFENDANTS , filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Brar, Kip) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 52 APPENDIX by ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Attachments: #1 Exhibit 1-Pyrolyx Motion to Stay Case, or in the Alternative, Extend Time to Answer or Respond to Complaint, filed May 5, 2020 in the Indiana state court Lien Action., #2 Exhibit 2-Pyrolyx Notice to Court and Counsel Regarding Clarification of Representation Made in a Pleading Before this Court, filed May 6, 2020 in the Indiana state court Lien Action.)(Brar, Kip) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 51 RESPONSE in Opposition re #23 MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS OR STAY PLAINTIFFS CLAIMS AGAINST DEFENDANTS , filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 50 Appendix of Exhibits in Support of Response in Opposition to Motion re #23 MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS OR STAY PLAINTIFFS CLAIMS AGAINST DEFENDANTS , filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Attachments: #1 Exhibit Exhibit 1 - Vigo County IN Complaint, #2 Exhibit Exhibit 2 - Southern District of NY CMP)(Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 49 BRIEF/MEMORANDUM in Support re #48 MOTION to Dismiss Partial Motion to Dismiss Plaintiffs' Complaint , filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Brar, Kip) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 48 MOTION to Dismiss Partial Motion to Dismiss Plaintiffs' Complaint, filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Attachments: #1 Text of Proposed Order)(Brar, Kip) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 47 STIPULATION ELECTRONIC DISCOVERY AGREEMENT, re #46 Order: Case Management, filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Lind, Jeffry) Modified on 5/1/2020 (MRI). [Transferred from Indiana Southern on 7/15/2020.] |
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Filing 38 MOTION for Attorney(s) Kuldeep "Kip" Brar to Appear pro hac vice (Filing fee $100, receipt number 0756-5960200), filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Attachments: #1 Exhibit A - Certification of Kip Brar, #2 Text of Proposed Order)(Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 36 MOTION for Attorney(s) Jason L. Richey to Appear pro hac vice (Filing fee $100, receipt number 0756-5957739), filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Attachments: #1 Exhibit Certification of Jason L. Richey, #2 Text of Proposed Order Order Granting Pro Hac Vice- Jason L. Richey)(Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 35 MOTION for Attorney(s) William D. Wickard to Appear pro hac vice (Filing fee $100, receipt number 0756-5957491), filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Attachments: #1 Exhibit Certification of William Wickard, #2 Text of Proposed Order Order Granting Pro Hac Vice - William Wickard)(Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 34 **DISREGARD - WRONG DOCUMENT ATTACHED - REFILED AT DKT #36 ** MOTION for Attorney(s) Jason L. Richey to Appear pro hac vice (Filing fee $100, receipt number 0756-5957485), filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Attachments: #1 Exhibit Certification of Jason L. Richey, #2 Text of Proposed Order Order Granting Pro Hac Vice - Jason L. Richey)(Lind, Jeffry) Modified on 4/17/2020 (MRI). [Transferred from Indiana Southern on 7/15/2020.] |
Filing 33 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit 2017.06.06.Contract.No.170124.00)(Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
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Filing 31 JOINT CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC . (Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 30 MOTION for Extension of Time to File Response to 05/01/2020 re #23 MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS OR STAY PLAINTIFFS CLAIMS AGAINST DEFENDANTS , filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Attachments: #1 Text of Proposed Order Order Granting Extension of Time)(Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 29 Statement Responding to Defendants' Amended Notice of Removal (Doc.15) by All Plaintiffs. (Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 28 EXHIBIT in Support of Motion re #23 MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS OR STAY PLAINTIFFS CLAIMS AGAINST DEFENDANTS and re: #25 BRIEF/MEMORANDUM in Support thereof (this is Exhibit 22-4), filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 27 EXHIBIT in Support of Motion re #23 MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS OR STAY PLAINTIFFS CLAIMS AGAINST DEFENDANTS and re: #25 BRIEF/MEMORANDUM in Support thereof (this is Exhibit 22-2), filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
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Filing 25 BRIEF/MEMORANDUM in Support re #23 MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS OR STAY PLAINTIFFS CLAIMS AGAINST DEFENDANTS , filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 24 MOTION to Withdraw #22 Appendix Exhibits 22-2 and 22-4, filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Attachments: #1 Text of Proposed Order)(Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 23 MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS OR STAY PLAINTIFFS CLAIMS AGAINST DEFENDANTS, filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Attachments: #1 Text of Proposed Order)(Drummy, William)[Transferred from Indiana Southern on 7/15/2020.] |
Filing 22 ***EXHIBITS 2 AND 4 WITHDRAWN AT #26 *** APPENDIX OF EXHIBITS TO DEFENDANTS MOTION TO TRANSFER VENUE, OR IN THE ALTERNATIVE, TO DISMISS OR STAY by ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Attachments: #1 Exhibit 1 - Pyrolyx USA Indiana, LLCs July 31, 2019 demand letter to Zeppelin Systems USA, Inc., #2 Exhibit 2 - Vigo County Superior Court Chronological Case Summary, #3 Exhibit 3 - Declaration of Michael Hoech, #4 Exhibit 4 - Judicial Caseload Profiles for U.S. District Courts NYSD and INSD, #5 Exhibit 5 - Certificate of Authenticity of William W. Drummy)(Drummy, William) Modified on 4/7/2020 (KAA). [Transferred from Indiana Southern on 7/15/2020.] |
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Filing 20 Submission of Proposed Order , re #19 First MOTION for Extension of Time to File Response to 04/16/2020 re #16 MOTION to Dismiss , #18 Amended MOTION to Dismiss , filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 19 First MOTION for Extension of Time to File Response to 04/16/2020 re #16 MOTION to Dismiss , #18 Amended MOTION to Dismiss , filed by Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 18 Amended MOTION to Dismiss , filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Attachments: #1 Exhibit 1 - Mem. Decision and Order entered 3/5/20, in Zeppelin Systems USA, Inc. v. Pyrolyx USA Indiana, LLC, Civ. Action No. 19-cv-11222-CM, U.S. District Court, Southern District of New York, #2 Text of Proposed Order)(Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 17 BRIEF/MEMORANDUM in Support re #16 MOTION to Dismiss , filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 16 MOTION to Dismiss , filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.. (Attachments: #1 Exhibit 1 - Mem. Decision and Order entered 3/5/2020, Zeppelin Systems USA, Inc. v. Pyrolyx USA Indiana, LLC, #19-cv-11222-CM, US District Court, SD of New York, #2 Text of Proposed Order)(Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 15 NOTICE Amended Notice of Removal, filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC., re #14 Appendix. (Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 14 APPENDIX to Amended Notice of Removal by All Defendants. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court Record - Docket Sheet; Notice of Appearance of plaintiffs counsel; Summons; Complaint with exhibits; Plaintiffs Motion to Consolidate; Certificate of Issuance of Summons; Alias Summons; Notice of Service of Alias Summons; Notice of Service of Discovery by plaintiffs; Notice of Appearance by defendants counsel; Notice of Removal of Civil Action to Federal Court with exhibits, #3 Exhibit C - 3/6/2020 letter from Zeppelin's counsel re: jurisdictional facts, #4 Exhibit D - 3/9/2020 letter from Pyrolyx's counsel re: jurisdictional facts, #5 Exhibit E - 9/9/2019 letter from Pyrolyx re: damages claims, #6 Exhibit F - German Stock Corporation Act, #7 Exhibit G - Pyrolyx Corporate Disclosure Statement, #8 Exhibit H - German Limited Liability Companies Act, #9 Exhibit I - Zeppelin Foundation Articles of Incorporation)(Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
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Filing 12 Corporate Disclosure Statement by PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC identifying Other Affiliate PYROLYX USA INDIANA, LLC, Other Affiliate PYROLYX AG for PYROLYX USA INC... (Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 11 NOTICE of Appearance by Jeffry Alan Lind on behalf of Plaintiffs PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (Lind, Jeffry) [Transferred from Indiana Southern on 7/15/2020.] |
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Filing 9 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 8 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (KAA) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 7 NOTICE to File Corporate Disclosure Statement to PYROLYX AG, PYROLYX USA INC., PYROLYX USA INDIANA, LLC. (LAB) (KAA) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 6 NOTICE of Appearance by Holly A Reedy on behalf of Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.S. (Reedy, Holly) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 5 EXHIBIT re #1 Notice of Removal by All Defendants. (Attachments: #1 Exhibit B - State Court Record Appearance by Attorney Jeffrey A. Lind; Summons by Certified Mail to Zeppelin Systems USA, Inc; Summons by Private Process to Zeppelin Systems GmbH; Complaint with Exhibit A; Plaintiffs Motion to Consolidate; Certificate of Issuance of Summons; Alias Summons Personal Service Zeppelin Systems GmbH; Alias Summons Personal Service Zeppelin Systems USA Indiana, LLC; Notice of Service of Alias Summons; Notice of Service of Discovery)(Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 4 NOTICE OF PENDING STATE COURT MOTION, filed by Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.S, re #1 Notice of Removal. (Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 3 Corporate Disclosure Statement by ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.S. (Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 2 NOTICE of Appearance by William W. Drummy on behalf of Defendants ZEPPELIN SYSTEMS GmbH, ZEPPELIN SYSTEMS USA, INC.S. (Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
Filing 1 NOTICE OF REMOVAL from Vigo Superior, case number 84D01-2002-PL-001086, filed by All Defendants. (Filing fee $400, receipt number 0756-5875054) (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Record, #3 Exhibit C - Pyrolyx 9/9/2019 Letter, #4 Civil Cover Sheet)(Drummy, William) [Transferred from Indiana Southern on 7/15/2020.] |
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