POSCO Energy Co., Ltd. v. FuelCell Energy, Inc.

Plaintiff: POSCO Energy Co., Ltd. f/k/a POSCO Power, POSCO Energy Co., Ltd. and POSCO Power
Defendant: FuelCell Energy, Inc.
Case Number: 1:2020cv07509
Filed: September 14, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Mary Kay Vyskocil
Nature of Suit: Stockholders Suits
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2020 Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . . Document filed by FuelCell Energy, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Williams, Gregory)
October 21, 2020 Filing 24 MOTION to Dismiss . Document filed by FuelCell Energy, Inc...(Williams, Gregory)
October 15, 2020 Filing 23 MEMO ENDORSEMENT on re: #22 Letter filed by FuelCell Energy, Inc. ENDORSEMENT: The Court hereby adopts the parties' proposed briefing schedule for Defendant's Motion to Dismiss. SO ORDERED. (Motions due by 10/21/2020., Responses due by 11/18/2020, Replies due by 12/2/2020.) (Signed by Judge Mary Kay Vyskocil on 10/15/2020) (jca)
October 15, 2020 Filing 22 LETTER addressed to Judge Mary Kay Vyskocil from Gregory M. Williams dated October 15, 2020 re: Motion to Dismiss Briefing Schedule. Document filed by FuelCell Energy, Inc...(Williams, Gregory)
October 14, 2020 Filing 21 MEMO ENDORSEMENT on re: #19 Letter filed by FuelCell Energy, Inc. ENDORSEMENT: Defendant's request for a pre-motion conference is DENIED. The Court hereby GRANTS Defendant leave to file the motion to dismiss. IT IS HEREBY ORDERED that on or before October 19, 2020, the parties shall file via ECF a letter proposing a briefing schedule. (Signed by Judge Mary Kay Vyskocil on 10/14/2020) (mro)
October 13, 2020 Filing 20 LETTER addressed to Judge Mary Kay Vyskocil from James D. Herschlein dated October 13, 2020 re: pre-motion conference. Document filed by POSCO Energy Co., Ltd...(Herschlein, James)
October 7, 2020 Filing 19 LETTER addressed to Judge Mary Kay Vyskocil from Gregory M. Williams dated October 7, 2020 re: Request for Pre-Motion to Dismiss Conference. Document filed by FuelCell Energy, Inc...(Williams, Gregory)
October 2, 2020 Filing 18 ORDER granting #17 Motion for James K Lee to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
October 1, 2020 Filing 17 MOTION for James K. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21932908. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by POSCO Energy Co., Ltd.. (Attachments: #1 Affidavit Declaration of James K. Lee, #2 Certificate of Good Standing of the Supreme Court of State of California, #3 Text of Proposed Order).(Lee, James)
October 1, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for James K. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21932908. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 28, 2020 Filing 16 ORDER granting #15 Motion for Enbar Tolendano to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) Modified on 9/28/2020 (rz).
September 25, 2020 Filing 15 MOTION for Enbar Toledano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21845904. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FuelCell Energy, Inc.. (Attachments: #1 Affidavit Declaration of Enbar Toledano ISO her Motion to Appear Pro Hac Vice, #2 Exhibit District of Columbia Certificate of Good Standing, #3 Exhibit New York State Certificate of Good Standing, #4 Text of Proposed Order Proposed Order granting admission Pro Hac Vice).(Toledano, Enbar)
September 25, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Enbar Toledano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21845904. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
September 23, 2020 Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by FuelCell Energy, Inc...(Williams, Gregory)
September 23, 2020 Filing 13 ORDER granting #12 Motion for Gregory M Williams to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
September 23, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Gregory M. Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21785843. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
September 22, 2020 Filing 12 MOTION for Gregory M. Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21785843. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FuelCell Energy, Inc.. (Attachments: #1 Affidavit Declaration of Greg Williams, #2 Exhibit Exhibit A of Declaration, Certificate of Good Standing, #3 Text of Proposed Order Proposed Order granting Pro Hac Vice admission to Greg Williams).(Williams, Gregory)
September 22, 2020 Filing 11 NOTICE OF APPEARANCE by Kevin Brian Muhlendorf on behalf of FuelCell Energy, Inc...(Muhlendorf, Kevin)
September 17, 2020 Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint, served. FuelCell Energy, Inc. served on 9/16/2020, answer due 10/7/2020. Service was accepted by c/o Corporation Services Company, Registered Agent (Lynanne Gares). Document filed by POSCO Energy Co., Ltd...(Herschlein, James)
September 16, 2020 Filing 9 NOTICE OF APPEARANCE by Jonathan Evan Green on behalf of POSCO Energy Co., Ltd...(Green, Jonathan)
September 15, 2020 Filing 8 COMPLAINT against FuelCell Energy, Inc.. Document filed by POSCO Energy Co., Ltd.. (Attachments: #1 Exhibit A - FuelCell Investment_signed (2007.2. Securities Purchase Agreement), #2 Exhibit B - 2009-06-09_Securities Purchase Agreement, #3 Exhibit C - 2012-04-30_Securities Purchase Agreement)).(Herschlein, James)
September 15, 2020 Filing 7 MEMO ENDORSEMENT on re: #6 Letter filed by POSCO Energy Co., Ltd. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/15/2020) (rro)
September 15, 2020 Filing 6 LETTER addressed to Judge Mary Kay Vyskocil from James D. Herschlein dated September 15, 2020 re: Request to File Corrected Copy of Complaint. Document filed by POSCO Energy Co., Ltd...(Herschlein, James)
September 15, 2020 Filing 5 ELECTRONIC SUMMONS ISSUED as to FuelCell Energy, Inc...(pne)
September 15, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(pne)
September 15, 2020 Magistrate Judge Katharine H. Parker 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. (pne)
September 15, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James D. Herschlein. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.. (pne)
September 15, 2020 Case Designated ECF. (pne)
September 14, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to FuelCell Energy, Inc., re: #1 Complaint,. Document filed by POSCO Energy Co., Ltd. f/k/a POSCO Power..(Herschlein, James)
September 14, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent POSCO for POSCO Energy Co., Ltd. f/k/a POSCO Power. Document filed by POSCO Energy Co., Ltd. f/k/a POSCO Power..(Herschlein, James)
September 14, 2020 Filing 2 CIVIL COVER SHEET filed..(Herschlein, James)
September 14, 2020 Filing 1 COMPLAINT against FuelCell Energy, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21637638)Document filed by POSCO Energy Co., Ltd. f/k/a POSCO Power. (Attachments: #1 Exhibit Ex A - FuelCell Investment_signed (2007.2. Securities Purchase Agreement), #2 Exhibit Ex B - 2009-06-09_Securities Purchase Agreement, #3 Exhibit Ex C - 2012-04-30_Securities Purchase Agreement).(Herschlein, James)

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Defendant: FuelCell Energy, Inc.
Represented By: Gregory M. Williams
Represented By: Enbar Toledano
Represented By: Kevin Brian Muhlendorf
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Plaintiff: POSCO Energy Co., Ltd. f/k/a POSCO Power
Represented By: James D. Herschlein
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Plaintiff: POSCO Energy Co., Ltd.
Represented By: James D. Herschlein
Represented By: Jonathan Evan Green
Represented By: James Lee
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Plaintiff: POSCO Power
Represented By: James D. Herschlein
Represented By: Jonathan Evan Green
Represented By: James Lee
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