SMBA Construction, LLC v. Sika Corporation et al
| SMBA Construction, LLC |
| Sika Corporation, Sika AG, Compagnie De Saint-Gobain S.A., Saint-Gobain North America, Chryso, Inc., GCP Applied Technologies Inc., Cinven Ltd., Cinven, Inc., Master Builders Solutions Deutschland GmbH, Master Builders Solutions Admixtures US, LLC, The Euclid Chemical Company and RPM International Inc. |
| 1:2023cv10875 |
| December 14, 2023 |
| US District Court for the Southern District of New York |
| Dale E Ho |
| Anti-Trust |
| 15 U.S.C. § 26 Suit for injunctive relief re violation antitrust laws |
| Plaintiff |
Docket Report
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Filing 52
ORDER: It is hereby ORDERED that, in the interest of clarity, the orders issued in SMBA Construction, LLC, including the requirement to participate in preparation of a joint letter following the JPML's decision, apply to all parties in the above-captioned cases. The Clerk of Court is respectfully directed to docket this order in all of the above-captioned cases. SO ORDERED. (Signed by Judge Dale E. Ho on 2/6/2024) (ks)
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| Filing 51 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate GCP Applied Technologies Inc., Other Affiliate Chryso, Inc. for Compagnie De Saint-Gobain S.A.. Document filed by Compagnie De Saint-Gobain S.A...(Giordano, Jennifer) |
| Filing 50 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cinven Holdings Limited for Cinven, Inc.. Document filed by Cinven, Inc...(McCulloch, Bruce) |
| Filing 49 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cinven Group Limited for Cinven Ltd.. Document filed by Cinven Ltd...(McCulloch, Bruce) |
| Filing 48 NOTICE OF APPEARANCE by Jennifer Lynn Giordano on behalf of Chryso, Inc., Compagnie De Saint-Gobain S.A., GCP Applied Technologies Inc...(Giordano, Jennifer) |
| Filing 47 NOTICE OF APPEARANCE by Marguerite Mitchell Sullivan on behalf of Chryso, Inc., Compagnie De Saint-Gobain S.A., GCP Applied Technologies Inc...(Sullivan, Marguerite) |
| Filing 46 NOTICE OF APPEARANCE by Elizabeth Bowen Prewitt on behalf of Chryso, Inc., Compagnie De Saint-Gobain S.A., GCP Applied Technologies Inc...(Prewitt, Elizabeth) |
| Filing 45 MEMO ENDORSEMENT granting #44 Motion for Bruce McCulloch to Appear Pro Hac Vice ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 44.. (Signed by Judge Dale E. Ho on 1/30/2024) (ks) |
| Filing 44 MOTION for Bruce McCulloch to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cinven Ltd., Cinven, Inc.. (Attachments: #1 Affidavit of Bruce McCulloch, #2 Exhibit DC Certificate of Good Standing, #3 Exhibit Virginia Certificate of Good Standing, #4 Exhibit Proposed Order).(McCulloch, Bruce) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #44 MOTION for Bruce McCulloch 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. (vba) |
| Filing 43 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sika AG for Sika Corporation. Document filed by Sika Corporation..(Hamer, Mark) |
| Filing 42 NOTICE OF APPEARANCE by Mark Harris Hamer on behalf of Sika Corporation..(Hamer, Mark) |
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Filing 41
ORDER granting #40 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference and deadline to submit a joint status letter and proposed case management plan are ADJOURNED, sine die. In the joint status letter to be filed following a decision from the JPML, the parties shall include a statement as to whether any party requests the rescheduling of the initial pretrial conference during the resolution of the initial procedural matters listed in paragraphs 2(a)-(e) of the parties' stipulated schedule. Such letter shall also include a statement of the parties' views regarding a stay of discovery during through the pendency of any motion(s) to dismiss. So Ordered. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 40. (Signed by Judge Dale E. Ho on 1/24/2024) (va)
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| Filing 40 LETTER MOTION to Adjourn Conference | Letter-Motion to Adjourn Initial Pre-Trial Conference addressed to Judge Dale E. Ho from Abram Ellis dated January 23, 2024. Document filed by RPM International Inc., The Euclid Chemical Company..(Ellis, Abram) |
| Filing 39 FILING ERROR - PDF ERROR - MOTION for Bruce McCulloch to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cinven Ltd., Cinven, Inc.. (Attachments: #1 Affidavit of Bruce McCulloch, #2 Exhibit DC Certificate of Good Standing, #3 Exhibit Virginia Certificate of Good Standing, #4 Exhibit of Proposed Order).(McCulloch, Bruce) Modified on 1/23/2024 (bc). |
| Filing 38 FILING ERROR - PDF ERROR - PROPOSED ORDER. Document filed by Cinven Ltd., Cinven, Inc.. Related Document Number: #36 ..(McCulloch, Bruce) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/24/2024 (bc). |
| Filing 37 DECLARATION of Bruce McCulloch in Support re: #36 MOTION for Bruce McCulloch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28846698. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Cinven Ltd., Cinven, Inc.. (Attachments: #1 Exhibit DC Certificate of Good Standing, #2 Exhibit Virginia Certificate of Good Standing).(McCulloch, Bruce) |
| Filing 36 FILING ERROR - PDF ERROR - MOTION for Bruce McCulloch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28846698. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cinven Ltd., Cinven, Inc...(McCulloch, Bruce) Modified on 1/23/2024 (bc). |
| Filing 35 MEMO ENDORSEMENT granting #33 Motion for Mark Harris Hamer to Appear Pro Hac Vice. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 33. (Signed by Judge Dale E. Ho on 1/23/2024) (ks) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #36 MOTION for Bruce McCulloch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28846698. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the motion is not correct; missing Certificate of Good Standing from District of Columbia and the Supreme Court of Virginia; missing Proposed Order; Missing Affidavit;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #39 MOTION for Bruce McCulloch to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (bc) |
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Filing 34
STIPULATED CASE MANAGEMENT ORDER NO. 1: THEREFORE, so as to preserve both party and judicial resources pending the JPML's decision on the Motion to Transfer, SMBA and Defendants, by and through their undersigned counsel, agree and stipulate to the following: 1.Acceptance of Service: Upon entry of this Stipulated Order, all Defendants will accept, through their counsel via electronic mail, service of the Complaints filed by SMBA. As further set forth in this Order. Within seven (7) days of any decision on the motion to transfer, the parties shall file a joint status letter apprising the Court of the JPML's decision. As further set forth in this Order. APPROVED AND SO ORDERED. (Signed by Judge Dale E. Ho on 1/19/2024) (ks)
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| Filing 33 MOTION for Mark Harris Hamer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28829391. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sika Corporation. (Attachments: #1 Affidavit of Mark H. Hamer in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Hamer, Mark) |
| Filing 32 PROPOSED STIPULATION AND ORDER. Document filed by Chryso, Inc., GCP Applied Technologies Inc...(Giordano, Jennifer) |
| Filing 31 NOTICE OF APPEARANCE by Peter Guryan on behalf of RPM International Inc., The Euclid Chemical Company..(Guryan, Peter) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Mark Harris Hamer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28829391. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #28 MOTION for Mark Harris Hamer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28829391. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (rju) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Jennifer Giordano to RE-FILE Document No. #30 Proposed Order,. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order. Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (nd) |
| Filing 30 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Chryso, Inc., GCP Applied Technologies Inc...(Giordano, Jennifer) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/19/2024 (nd). |
| Filing 29 CONSENT LETTER addressed to Judge Dale E. Ho from Jennifer L. Giordano dated January 18, 2024 re: [Proposed] Stipulated Case Management Order No. 1. Document filed by Chryso, Inc., GCP Applied Technologies Inc.. (Attachments: #1 Proposed Order // [Proposed] Stipulated Case Management Order No. 1).(Giordano, Jennifer) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mark Harris Hamer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28829391. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sika Corporation. (Attachments: #1 Affidavit of Mark H. Hamer in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Hamer, Mark) Modified on 1/19/2024 (rju). |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MBS AS Holding US, Inc. MBS AS Holding US, Inc. for Master Builders Solutions Admixtures US, LLC. Document filed by Master Builders Solutions Admixtures US, LLC..(Lamberg, Heather) |
| Filing 26 NOTICE OF APPEARANCE by Heather Lamberg on behalf of Master Builders Solutions Admixtures US, LLC..(Lamberg, Heather) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RPM International Inc...(Ellis, Abram) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Tremco Holdings, Inc., Other Affiliate RPM Industrial Holdings, LLC, Other Affiliate RPM International Inc. for The Euclid Chemical Company. Document filed by The Euclid Chemical Company..(Ellis, Abram) |
| Filing 23 NOTICE OF APPEARANCE by Joshua Hazan on behalf of RPM International Inc., The Euclid Chemical Company..(Hazan, Joshua) |
| Filing 22 NOTICE OF APPEARANCE by Abram Jeremy Ellis on behalf of RPM International Inc., The Euclid Chemical Company..(Ellis, Abram) |
| Filing 21 MEMO ENDORSEMENT granting #17 Motion for Marguerite M. Sullivan to Appear Pro Hac Vice ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 17.. (Signed by Judge Dale E. Ho on 1/10/2024) (ks) |
| Filing 20 MEMO ENDORSEMENT granting #19 Motion for Heather Lamberg to Appear Pro Hac Vice. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 19.. (Signed by Judge Dale E. Ho on 1/10/2024) (ks) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Heather Lamberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28789527. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 19 MOTION for Heather Lamberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28789527. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Master Builders Solutions Admixtures US, LLC. (Attachments: #1 Affidavit of Heather Lamberg in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing District of Columbia, #3 Exhibit Certificate of Good Standing Maryland, #4 Proposed Order for Admission Pro Hac Vice).(Lamberg, Heather) |
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Filing 18
ORDER granting #16 Letter Motion for Extension of Time to Answer re #16 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Dale E. Ho from Jennifer Giordano dated January 5, 2024. Application GRANTED. Defendants shall answer, move, or otherwise respond to the Complaint by January 23, 2024. So Ordered.. (Signed by Judge Dale E. Ho on 1/9/2024) Chryso, Inc. answer due 1/23/2024; GC P Applied Technologies Inc. answer due 1/23/2024 (ks)
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| Filing 17 MOTION for Marguerite M. Sullivan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28785146. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chryso, Inc., GCP Applied Technologies Inc.. (Attachments: #1 Affidavit /Declaration of Marguerite M. Sullivan in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Sullivan, Marguerite) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Marguerite M. Sullivan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28785146. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 16 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Dale E. Ho from Jennifer Giordano dated January 5, 2024. Document filed by Chryso, Inc., GCP Applied Technologies Inc...(Giordano, Jennifer) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cyclades Parent, Inc., Other Affiliate Compagnie De Saint-Gobain S.A. for GCP Applied Technologies Inc.. Document filed by GCP Applied Technologies Inc...(Giordano, Jennifer) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Chryso SAS, Other Affiliate Compagnie De Saint-Gobain S.A. for Chryso, Inc.. Document filed by Chryso, Inc...(Giordano, Jennifer) |
| Filing 13 NOTICE OF APPEARANCE by Jennifer Lynn Giordano on behalf of Chryso, Inc., GCP Applied Technologies Inc...(Giordano, Jennifer) |
| Filing 12 NOTICE OF APPEARANCE by Elizabeth Bowen Prewitt on behalf of Chryso, Inc., GCP Applied Technologies Inc...(Prewitt, Elizabeth) |
| Filing 11 SUMMONS RETURNED EXECUTED. Saint-Gobain North America served on 12/20/2023, answer due 1/10/2024. Service was accepted by Sue Giusti, Paralegal. Document filed by SMBA Construction, LLC..(Kaplan, Robert) |
| Filing 10 SUMMONS RETURNED EXECUTED. RPM International Inc. served on 12/21/2023, answer due 1/11/2024. Service was accepted by Terri Fondale, Mailroom. Document filed by SMBA Construction, LLC..(Kaplan, Robert) |
| Filing 9 SUMMONS RETURNED EXECUTED. Master Builders Solutions Admixtures US, LLC served on 12/21/2023, answer due 1/11/2024. Service was accepted by Andre Lowe, Shipping and Receiving. Document filed by SMBA Construction, LLC..(Kaplan, Robert) |
| Filing 8 SUMMONS RETURNED EXECUTED. The Euclid Chemical Company served on 12/21/2023, answer due 1/11/2024. Service was accepted by Kelsey Vitanye, H.R.. Document filed by SMBA Construction, LLC..(Kaplan, Robert) |
| Filing 7 SUMMONS RETURNED EXECUTED. Chryso, Inc. served on 12/19/2023, answer due 1/9/2024. Service was accepted by Rachel Black,authorized recipient Human Resources. Document filed by SMBA Construction, LLC..(Kaplan, Robert) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/7/2024 at 11:30 AM before Judge Dale E. Ho. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 105 832 707, followed by the pound (#) sign. SO ORDERED. (Signed by Judge Dale E. Ho on 12/18/2023) (ks)
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| ***DELETED DOCUMENT. Deleted document number #6 ORDER. The document was incorrectly filed in this case. (ks) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Chryso, Inc., Cinven Ltd., Cinven, Inc., Compagnie De Saint-Gobain S.A., GCP Applied Technologies Inc., Master Builders Solutions Admixtures US, LLC, Master Builders Solutions Deutschland GmbH, RPM International Inc., Saint-Gobain North America, Sika AG, Sika Corporation, The Euclid Chemical Company..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert N. Kaplan. The party information for the following party/parties has been modified: SMBA Construction, LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SMBA Construction, LLC..(Kaplan, Robert) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to SIKA AG; SIKA CORPORATION; CHRYSO, INC.; GCP APPLIED TECHNOLOGIES INC.; COMPAGNIE DE SAINT-GOBAIN S.A.; SAINT- GOBAIN NORTH AMERICA; MASTER BUILDERS SOLUTIONS ADMIXTURES US, LLC; MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH; CINVEN LTD.; CINVEN, INC.; THE EUCLID CHEMICAL COMPANY; and RPM INTERNATIONAL INC., re: #1 Complaint,. Document filed by SMBA Construction, LLC..(Kaplan, Robert) |
| Filing 2 CIVIL COVER SHEET filed..(Kaplan, Robert) |
| Filing 1 COMPLAINT against Chryso, Inc., Cinven Ltd., Cinven, Inc., Compagnie De Saint-Gobain S.A., GCP Applied Technologies Inc., Master Builders Solutions Admixtures US, LLC, Master Builders Solutions Deutschland GmbH, RPM International Inc., Saint-Gobain North America, Sika AG, Sika Corporation, The Euclid Chemical Company. (Filing Fee $ 405.00, Receipt Number ANYSDC-28696697)Document filed by SMBA Construction, LLC..(Kaplan, Robert) |
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