Terex USA LLC v. Hoffman International Inc
| Terex USA, LLC |
| Hoffman International, Inc. a New Jersey corporation doing business as Hoffman Equipment Co |
| 1:2022cv02681 |
| April 1, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 44 STATUS REPORT. Joint Status Report per the Court's April 8, 2022 Order Document filed by Hoffman International, Inc...(Wallach, Shawn) |
Filing 43
MEMO ENDORSEMENT on re: #40 Letter filed by Hoffman International, Inc. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 5/24/2022) (vfr)
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| Filing 42 NOTICE OF APPEARANCE by Michael Robert Walker on behalf of Terex USA, LLC. (Attachments: #1 Affidavit Affidavit of Service).(Walker, Michael) |
| Filing 41 PROPOSED CASE MANAGEMENT PLAN. Document filed by Hoffman International, Inc...(Wallach, Shawn) |
| Filing 40 FIRST LETTER addressed to Judge Analisa Torres from Shawn Wallach dated May 20, 2022 re: Joint letter extension request. Document filed by Hoffman International, Inc...(Wallach, Shawn) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Cary E. Hiltgen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26158002. Motion and supporting papers to be reviewed by Clerk's Office staff., #38 MOTION for Jeffrey C. Grotta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26157957. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 39 MOTION for Cary E. Hiltgen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26158002. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Terex USA, LLC. (Attachments: #1 Exhibit Affidavit with COGS, #2 Exhibit Proposed Order).(Hiltgen, Cary) |
| Filing 38 MOTION for Jeffrey C. Grotta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26157957. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Terex USA, LLC. (Attachments: #1 Exhibit Affidavit with COGS, #2 Exhibit Proposed Order).(Grotta, Jeffrey) |
| Pro Hac Vice Fee Payment: for #36 MOTION for Sean Francis Byrnes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-26117880..(Byrnes, Sean) |
| Filing 37 ANSWER to #1 Complaint,. Document filed by Hoffman International, Inc...(Wallach, Shawn) |
| Pro Hac Vice Fee Due: for #36 MOTION for Sean Francis Byrnes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (vba) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Sean Francis Byrnes 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; attorney must pay fee. (vba) |
| Filing 36 MOTION for Sean Francis Byrnes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hoffman International, Inc.. (Attachments: #1 Affidavit of Sean F. Byrnes, Esq. in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Granting Admission Pro Hac Vice).(Byrnes, Sean) |
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Filing 35
STIPULATION OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED, CONSENTED AND AGREED by the undersigned that SHAWN J. WALLACH, ESQ., Law Offices of Shawn J. Wallach, Esq., 42 Broadway, Floor 12-309, New York, NY, 10004, is substituted as attorney for Defendant, HOFFMAN INTERNATIONAL, INC. d/b/a HOFFMAN EQUIPMENT CO. in place and instead of JOHN M. THOMPSON, ESQ., Crowe & Dunlevy-OKC, Braniff Building, 324 N Robinson Ave., Suite 100, Oklahoma City, OK 73102. SO ORDERED. Attorney Shawn Jared Wallach for Hoffman International, Inc. added. Attorney John M Thompson terminated. (Signed by Judge Analisa Torres on 5/2/2022) (kv)
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| Filing 34 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Hoffman International, Inc...(Wallach, Shawn) |
| Filing 33 NOTICE of Substitution of Attorney. Old Attorney: John M. Thompson, New Attorney: Shawn J. Wallach, Address: Law Offices of Shawn J. Wallach, PC, 42 Broadway, Floor 12-309, New York, NY, USA 10004, 646-868-5400. Document filed by Hoffman International, Inc...(Wallach, Shawn) |
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Filing 32
ORDER: The Court has reviewed the parties' letter filed on April 6, 2022. No. 20 Civ. 8461, ECF No. 36. Accordingly, by May 6, 2022, the parties shall file their answers in the respective actions. Additionally, by May 20, 2022, the parties shall file, in the respective actions, a joint letter and proposed case management plan. The joint letter shall include (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s), (2) any contemplated motions, and (3) the prospect for settlement. For the joint proposed case management plan, the parties are directed to consult the Court's Individual Practices and model Case Management Plan and Scheduling Order, which are available at https://nysd.uscourts.gov/hon-analisa-torres. Counsel seeking pro hac vice admission shall file a separate motion for each docket. SO ORDERED. (Signed by Judge Analisa Torres on 4/8/2022) (ks)
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| 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. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-08461-AT. Notice of Assignment to follow. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (aea) |
| Set/Reset Deadlines: Hoffman International, Inc. answer due 5/6/2022. (ks) |
| Filing 31 CASE TRANSFERRED IN from the United States District Court - District of Oklahoma Western; Case Number: 5:20-cv-00941. Original file certified copy of transfer order and docket entries received. (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 Designated ECF. (sjo) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 1:20-cv-8461. (sjo) |
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Filing 30
ORDER granting in part #14 Motion to Transfer Case, or in the Alternative, to Dismiss. Specifically, the Court GRANTS the Motion as to the transfer portion of the Motion. The Court DENIES the alternative motion to dismiss portion of the Motion. Under 28 U.S.C. 1406, this action is TRANSFERRED to the Southern District of New York. Signed by Judge Jodi W. Dishman on 03/31/2022. (nv) [Transferred from Oklahoma Western on 4/1/2022.]
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| Filing 29 Minute Entry for proceedings held before Judge Jodi W. Dishman: Motion Hearing held on 3/31/2022 re #14 MOTION to Transfer Case filed by Hoffman International Inc. The Court GRANTS the Motion to Transfer and transfers this action to the United States District Court for the Southern District of New York. All rulings made on the record. Short written order to follow. (Court Reporter Cassy Kerr.) (nv) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 28 ENTER ORDER. The hearing on Defendant's #14 Motion to Transfer, or in the Alternative, to Dismiss is RESET to Wednesday, March 30, 2022 at 3:30 p.m. in Courtroom 502. Please note, only the start time of the hearing has changed, all other direction presented in this Court's previous #27 Order remain the same. Entered at the direction of the Judge Jodi W. Dishman on 03/22/2022. (nv) [Transferred from Oklahoma Western on 4/1/2022.] |
| Set/Reset Deadlines as to #14 MOTION to Transfer Case . Motion Hearing reset for 3/30/2022 03:30 PM in Courtroom 502 before Judge Jodi W. Dishman. (nv) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 27 ENTER ORDER. Defendant's #14 Motion to Transfer, or in the Alternative, to Dismiss is set for hearing on Wednesday, March 30, 2022, at 10:00 a.m. in Courtroom 502 before the Honorable Jodi W. Dishman. The Court will hear very brief oral argument from counsel and will then rule on the Motion. See order for all details. Entered at the direction of the Judge Jodi W. Dishman on 03/15/2022. (nv) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 26 REPLY by Defendant Hoffman International Inc re #22 Order,, Supplemental Reply Brief filed by Hoffman International Inc. (Thompson, John) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 25 SUPPLEMENT re #14 MOTION to Transfer Case by Terex USA LLC. (Grotta, Jeff) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 24 BRIEF IN SUPPORT re #22 Order,, Defendants Supplemental Brief in Accordance with Courts Order of December 13, 2021 by Hoffman International Inc. (Thompson, John) [Transferred from Oklahoma Western on 4/1/2022.] |
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Filing 23
ORDER denying #9 Motion to retain jurisdiction. The Court will incorporate any necessary arguments and authorities from the Motion when it rules on the Motion to Transfer [Doc. No. 14]. Signed by Judge Jodi W. Dishman on 12/13/2021. (nv) [Transferred from Oklahoma Western on 4/1/2022.]
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Filing 22
ORDER re #14 MOTION to Transfer Case filed by Hoffman International Inc. The Court ORDERS the parties to provide supplemental briefing on the issues specifically listed in this order. Hoffman shall file its supplemental brief in response to this Order, limited to 15 pages, by December 28, 2021. Terex USA, LLC shall file a response brief, limited to 15 pages, within 14 days of Hoffman filing its supplemental brief. Hoffman may file a reply, limited to 5 pages and addressing only new information raised in the response, within 7 days of Terex filing its response brief. Signed by Judge Jodi W. Dishman on 12/13/2021. (nv) [Transferred from Oklahoma Western on 4/1/2022.]
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| Filing 21 REPLY to Response to Motion re #9 MOTION for Order to Retain Jurisdiction filed by Terex USA LLC. (Attachments: #1 Exhibit email, #2 Exhibit Declarations, #3 Exhibit email)(Grotta, Jeff) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 20 REPLY in Further Support of Defendant's #14 MOTION to Transfer Case filed by Hoffman International Inc. (Thompson, John) Modified on 1/25/2021 to correct docket text to match title of document(nv). [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 19 RESPONSE in Opposition re #9 MOTION for Order to Retain Jurisdiction filed by Hoffman International Inc. (Attachments: #1 Exhibit 1-Amended Complaint, #2 Exhibit 2-Sale Order Acknowledgment, #3 Exhibit 3-Email Thread, #4 Exhibit 4-Invoice, #5 Exhibit 5-Ltr from Terex To Hoffman, #6 Exhibit 6-Hoffman Ltr to Terex, #7 Exhibit 7-Terex Pre Motion Ltr to Judge, #8 Exhibit 8-Wallach Ltr to Judge, #9 Exhibit 9-Order Denying Pre Motion Ltr)(Thompson, John) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 18 RESPONSE to Motion re #14 MOTION to Transfer Case filed by Terex USA LLC. (Attachments: #1 Exhibit SDNY Order, #2 Exhibit Goss Declaration)(Grotta, Jeff) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 17 ADR REPORT BY MEDIATOR / EVALUATOR (Hampton, Joe) [Transferred from Oklahoma Western on 4/1/2022.] |
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Filing 16
ORDER granting #15 Motion for Extension of Time to File. Defendant's deadline to respond to Plaintiff's Motion for Order to Retain Jurisdiction Doc. No. #9 and Plaintiff's deadline to respond to Defendant's Motion to Transfer Case Doc. No. #14 are EXTENDED until and including January 18, 2021. Optional replies, addressing new information only, must be filed within 7 days thereafter consistent with LCvR7.1(i). The parties are further ORDERED to facilitate the filing of an ADR Report by Mediator or Evaluator, available at http://www.okwd.uscourts.gov/wp-content/uploads/ADR_Report.pdf, no more than two days after the conclusion of the mediation on January 4, 2021. Signed by Honorable Jodi W. Dishman on 11/19/2020. (nv) [Transferred from Oklahoma Western on 4/1/2022.]
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| Filing 15 JOINT MOTION for Extension of Time to Respond to Plaintiffs Motion for Order to Retain Jurisdiction and Defendants Motion to Transfer, or in the Alternative, to Dismiss Case by Hoffman International Inc. (Thompson, John) [Transferred from Oklahoma Western on 4/1/2022.] |
| NOTICE from the Court #11 MOTION to Transfer Case or, in the Alternative, to Dismiss and Brief in Support, is STRICKEN as an amended version was filed at Doc. No. #14 to include a complete version of Exhibit 2. Counsel are DIRECTED to follow this Court's previous Enter Order Doc. No. #13 filed on 11/03/2020 as to Doc. No. #9 and the amended version of Doc. No. #11 , which is now at Doc. No. #14 . (nv) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 14 MOTION to Transfer Case by Hoffman International Inc. (Attachments: #1 Exhibit 1 - Affidavit of Tim Watters, #2 Exhibit 2 - Complaint in SDNY Case No. 1:20-cv-08461, #3 Exhibit 3 - Randoll v. NDI, LLC, #4 Exhibit 4 - Parkinson v. Boston Sci. Corp.)(Thompson, John) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 13 ENTER ORDER re #11 MOTION to Transfer Case or, in the Alternative, to Dismiss and Brief in Support filed by Hoffman International Inc, #9 MOTION for Order to Retain Jurisdiction filed by Terex USA LLC. Entered at the direction of the Honorable Jodi W. Dishman on 11/03/2020. Now that the parties have received and been able to review the Motions and accompanying exhibits, the Court ORDERS counsel for Terex USA, LLC and Hoffman International, Inc. to meet and confer telephonically, in good faith, regarding the Motions prior to filing any responses to the Motions. This conference shall be initiated by counsel for Terex USA, LLC, and shall occur by Wednesday, November 11, 2020, at 5:00 p.m. at the latest. (em) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 12 DISCLOSURE STATEMENT - CORPORATE by Hoffman International Inc . (Thompson, John) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 11 STRICKEN MOTION to Transfer Case or, in the Alternative, to Dismiss and Brief in Support by Hoffman International Inc. (Attachments: #1 Exhibit 1 - Affidavit of Tim Watters, #2 Exhibit 2 - Complaint in USDC SDNY Case No. 1:20-cv-08461, #3 Exhibit 3 - Randoll v. NDI, LLC, #4 Exhibit 4 - Parkinson v. Boston Sci. Corp.)(Thompson, John) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 10 ENTRY of Appearance by John M Thompson on behalf of Hoffman International Inc (Thompson, John) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 9 MOTION for Order to Retain Jurisdiction by Terex USA LLC. (Attachments: #1 Exhibit Distributorship Agreement, #2 Exhibit May 26 2020 email, #3 Exhibit June 1 2020 email 1, #4 Exhibit June 1 2020 email 2, #5 Exhibit Hoffman Complaint, #6 Exhibit Service of TUSA lawsuit, #7 Exhibit Service on TUSA, #8 Exhibit TUSA demand letter, #9 Exhibit Hoffman reply letter)(Grotta, Jeff) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 8 Summons Reissued Electronically - Alias as to Defendant Hoffman International Inc. (em) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 7 AMENDED DOCUMENT by Terex USA LLC. Amendment to #5 Disclosure Statement - LLC . (Hiltgen, Cary) [Transferred from Oklahoma Western on 4/1/2022.] |
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Filing 6
ORDER. The #5 Disclosure Statement - LLC filed by Terex USA LLC is not compliant with LCvR7.1.1. Accordingly, Doc. No. #5 is STRICKEN and Plaintiff is ORDERED to refile a LCvR7.1.1-compliant disclosure statement within seven days, or by September 25, 2020. The refiled document should indicate the members of Plaintiff Terex USA, LLC and the citizenship of each of those members. If Terex Corporation is the sole member of Plaintiff, the refiled document should indicate the state of incorporation and principal place of business of that entity. Signed by Honorable Jodi W. Dishman on 09/18/2020. (nv) [Transferred from Oklahoma Western on 4/1/2022.]
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| Filing 5 DISCLOSURE STATEMENT - LLC by Terex USA LLC . (Hiltgen, Cary) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 4 ENTRY of Appearance by Cary E Hiltgen on behalf of Terex USA LLC (Hiltgen, Cary) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 3 ENTRY of Appearance by Jeff C Grotta on behalf of Terex USA LLC (Grotta, Jeff) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 2 Summons Issued Electronically as to Hoffman International Inc. (em) [Transferred from Oklahoma Western on 4/1/2022.] |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number AOKWDC-3286262. (Hiltgen, Cary) [Transferred from Oklahoma Western on 4/1/2022.] |
| Filing 1 COMPLAINT against Hoffman International Inc filed by Terex USA LLC. (Attachments: #1 Exhibit 1 - SOA 1050241355, #2 Exhibit 2 SOA 1050241336, #3 Exhibit 3 PO W000130, #4 Exhibit 4 Invoice 708124, #5 Exhibit 5 Invoice 708125, #6 Exhibit 6 Invoice 7028372, #7 Exhibit 7 Invoice 7028373, #8 Exhibit 8 Credit Memo 7029495, #9 Civil Cover Sheet)(em) [Transferred from Oklahoma Western on 4/1/2022.] |
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