Hexagon Manufacturing Intelligence, Inc. v. Bombardier Inc.
| Hexagon Manufacturing Intelligence, Inc. a Delaware corporation formerly doing business as MSC Software Corporation |
| Bombardier Inc |
| 1:2023cv11022 |
| December 20, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 41 NOTICE of Filing of Answer re: #1 Complaint - Miscellaneous,. Document filed by Bombardier Inc..(Fishman, Eric) |
| Document filed by Bombardier Inc..(Fishman, Eric) |
Filing 40
ORDER: granting #39 Letter Motion for Extension of Time to Answer re #39 LETTER MOTION for Extension of Time to File Answer to Hexagon's Complaint. addressed to Judge Jennifer H. Rearden from Eric Fishman dated 12/21/2023. Application GRANTED. The deadline for Defendant to answer the Complaint is extended to January 19, 2024. The Clerk of Court is directed to terminate ECF No. 39. SO ORDERED. Bombardier Inc answer due 1/19/2024. (Signed by Judge Jennifer H. Rearden on 12/22/2023) (ama)
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| Filing 39 LETTER MOTION for Extension of Time to File Answer to Hexagon's Complaint addressed to Judge Jennifer H. Rearden from Eric Fishman dated 12/21/2023. Document filed by Bombardier Inc..(Fishman, Eric) |
| Filing 38 CASE TRANSFERRED IN from the United States District Court - District of Kansas; Case Number: 6:23-cv-01150. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jennifer H. Rearden. 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..(vba) |
| Magistrate Judge Robyn F. Tarnofsky 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. (vba) |
| Case Designated ECF. (vba) |
| 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. (vba) |
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Filing 37
ORDER finding as moot #12 Motion to Dismiss; granting #36 Joint MOTION to Transfer Case. This case is transferred to the Southern District ofNew York. Signed by District Judge Daniel D. Crabtree on 12/12/2023. (kas) [Transferred from Kansas on 12/20/2023.]
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| Filing 36 Joint MOTION to Transfer Case by Plaintiff Hexagon Manufacturing Intelligence, Inc. (Vix, Lyndon) [Transferred from Kansas on 12/20/2023.] |
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Filing 35
ORDER cancelling (ECF No. 34) Discovery Conference. In a November 30, 2023 email to the Magistrate Judge's chambers from counsel for Plaintiff, the parties informed the Court that the discovery conference currently scheduled for December 5, 2023, can be cancelled. While the case was not resolved at mediation, the parties have reached an agreement on the jurisdictional dispute and anticipate filing an agreed motion, pursuant to 28 U.S.C. 1404(a), for a change of venue to the United States District Court for the Southern District of New York. The Court therefore cancels the December 5, 2023 discovery conference. The Court additionally suspends the deadlines in the #26 Scheduling Order. The Court will reset these deadlines, as appropriate, after a ruling on the anticipated agreed motion. This Order does not impact any deadlines related to briefing concerning the motion for a change of venue. Signed by Magistrate Judge Rachel E. Schwartz on 11/30/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh) [Transferred from Kansas on 12/20/2023.]
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Filing 34
ORDER granting Plaintiff's Motion for a Discovery Conference (ECF No. 33). The Court grants the Motion and sets this case for a discovery conference on December 5, 2023, at 11:00 a.m. by phone (888-363-4749; access code 5705809). Signed by Magistrate Judge Rachel E. Schwartz on 11/17/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) [Transferred from Kansas on 12/20/2023.]
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| Filing 33 Plaintiff's Motion for a Discovery Conference. On November 16, 2023, Plaintiff's counsel emailed the Magistrate Judge's chambers to request a discovery conference regarding the parties' disputes concerning Plaintiff's Requests for Production. (referred to Magistrate Judge Rachel E. Schwartz) (bh) [Transferred from Kansas on 12/20/2023.] |
| Filing 32 NOTICE OF SERVICE by Bombardier Inc. of Defendant Bombardier's First Discovery Responses to Plaintiff Hexagon (RFPs) (Fowler, Jay) [Transferred from Kansas on 12/20/2023.] |
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Filing 31
ORDER granting #30 Joint Mediation Notice and Motion to Amend Scheduling Order. The Court grants the joint motion for good cause and extends the deadline for mediation up to and including November 29, 2023. All other provisions in the #26 Scheduling Order remain unchanged. Signed by Magistrate Judge Rachel E. Schwartz on 10/10/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh) [Transferred from Kansas on 12/20/2023.]
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| Filing 30 JOINT Mediation Notice AND MOTION to Amend Scheduling Order by Plaintiff Hexagon Manufacturing Intelligence, Inc. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Vix, Lyndon) [Transferred from Kansas on 12/20/2023.] |
| Filing 29 CERTIFICATE OF SERVICE of Plaintiff's First Request for Production of Documents by Hexagon Manufacturing Intelligence, Inc. (Millsap, Charles) [Transferred from Kansas on 12/20/2023.] |
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Filing 28
ORDER granting (ECF No. 27) Joint Motion for Entry of a Protective Order. The Court grants the motion and enters the parties' proposed protective order with minor non-substantive and formatting modifications. Signed by Magistrate Judge Rachel E. Schwartz on 9/29/2023. (jrh) [Transferred from Kansas on 12/20/2023.]
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| Filing 27 Joint Motion Requesting Entry of a Protective Order. In accordance with the Guidelines for Agreed Protective Orders, the parties jointly moved for the entry of a protective order by emailing a copy of their proposed order to the Magistrate Judge's chambers on September 27, 2023. (referred to Magistrate Judge Rachel E. Schwartz) (jrh) [Transferred from Kansas on 12/20/2023.] |
| Filing 26 DOCKET ANNOTATION: a corrected version of #24 Scheduling Order, has been added to the entry and is attached to this annotation for noticing purposes. The correct date for jurisdictional discovery is December 15, 2023. (ca)[Transferred from Kansas on 12/20/2023.] |
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Filing 25
ORDER granting in part #22 Unopposed Motion for Extension of Time to Respond to #12 Defendant's Motion to Dismiss. As discussed during the September 20, 2023 scheduling conference, Defendant is unopposed to Plaintiff's request for jurisdictional discovery, which will be completed by December 15, 2023, and Plaintiff's request for an extension of time to respond to Defendant's motion to dismiss. As stated on the record during the scheduling conference, the Court orders that on or before January 8, 2024, Plaintiff must either file a response to Defendant's motion to dismiss or a motion for leave to file an amended complaint. Signed by Magistrate Judge Rachel E. Schwartz on 9/21/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh) [Transferred from Kansas on 12/20/2023.]
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Filing 24
SCHEDULING ORDER: Mediation Notice deadline 10/6/2023. Mediation deadline 11/17/2023. Jurisdictional Discovery deadline 12/15/2023. See order for additional deadlines. Signed by Magistrate Judge Rachel E. Schwartz on 09/21/2023. (drk) (Additional attachment(s) added on 9/26/2023: #1 Corrected Scheduling Order) (ca). [Transferred from Kansas on 12/20/2023.]
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| Filing 23 MINUTE ENTRY for proceedings held before Magistrate Judge Rachel E. Schwartz: SCHEDULING CONFERENCE held on 9/20/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (drk) [Transferred from Kansas on 12/20/2023.] |
| Filing 22 Unopposed MOTION for Extension of Time to File Response as to #12 MOTION to Dismiss by Plaintiff Hexagon Manufacturing Intelligence, Inc. (referred to Magistrate Judge Rachel E. Schwartz) (Millsap, Charles) [Transferred from Kansas on 12/20/2023.] |
| Filing 21 NOTICE OF SERVICE by Bombardier Inc. of Defendant's Initial Disclosures (Fowler, Jay) [Transferred from Kansas on 12/20/2023.] |
| Filing 20 NOTICE OF SERVICE by Hexagon Manufacturing Intelligence, Inc. of Initial Disclosures Pursuant to Rule 26(a)(1) (Millsap, Charles) [Transferred from Kansas on 12/20/2023.] |
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Filing 19
ORDER granting #16 Motion to Appear Pro Hac Vice of Eric Fishman for Bombardier Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 9/1/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam) [Transferred from Kansas on 12/20/2023.]
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| Filing 18 ELECTRONIC FILING REGISTRATION FORM of Eric Fishman re #16 motion for leave to appear pro hac vice by Defendant Bombardier Inc. (Fowler, Jay) [Transferred from Kansas on 12/20/2023.] |
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Filing 17
ORDER granting #14 Motion to Appear Pro Hac Vice of Jay D. Dealy for Defendant Bombardier Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 8/31/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mls) [Transferred from Kansas on 12/20/2023.]
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| Filing 16 MOTION for attorney Eric Fishman to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6143175.) by Defendant Bombardier Inc. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Fowler, Jay) [Transferred from Kansas on 12/20/2023.] |
| Filing 15 ELECTRONIC FILING REGISTRATION FORM of Jay D. Dealy re #14 motion for leave to appear pro hac vice by Defendant Bombardier Inc. (Fowler, Jay) [Transferred from Kansas on 12/20/2023.] |
| Filing 14 MOTION for attorney Jay D. Dealy to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6143152.) by Defendant Bombardier Inc. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Fowler, Jay) [Transferred from Kansas on 12/20/2023.] |
| Filing 13 MEMORANDUM IN SUPPORT of #12 Motion to Dismiss by Defendant Bombardier Inc. (Attachments: #1 Declaration of David Bonvarlet, #2 Declaration of Aaron Disney)(Fowler, Jay) [Transferred from Kansas on 12/20/2023.] |
| Filing 12 MOTION to Dismiss by Defendant Bombardier Inc. (Fowler, Jay) [Transferred from Kansas on 12/20/2023.] |
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Filing 11
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for September 20, 2023, at 10:00 a.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 8/30/2023. Rule 26 Initial Disclosures Deadline set for 9/8/2023. Proposed Scheduling Order Deadline 9/8/2023. Signed by Magistrate Judge Rachel E. Schwartz on 08/17/2023. (drk) [Transferred from Kansas on 12/20/2023.]
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Filing 10
ORDER REASSIGNING CASE: Case reassigned to District Judge Daniel D. Crabtree for all further proceedings. District Judge Toby Crouse no longer assigned to case. Signed by District Judge Toby Crouse on 8/17/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ta) [Transferred from Kansas on 12/20/2023.]
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| Filing 9 CLERKS ORDER EXTENDING TIME until 8/31/2023 for Defendant Bombardier Inc. to answer or otherwise plead. Signed by deputy clerk on 8/16/2023. (jk) [Transferred from Kansas on 12/20/2023.] |
| Filing 8 SUMMONS RETURNED EXECUTED -- Personal Service by Hexagon Manufacturing Intelligence, Inc. upon Bombardier Inc. served on 7/27/2023, answer due 8/17/2023. (Vix, Lyndon) [Transferred from Kansas on 12/20/2023.] |
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Filing 7
ORDER granting #6 Motion to Appear Pro Hac Vice of Gerald D. Silver for Hexagon Manufacturing Intelligence, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 7/25/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam) [Transferred from Kansas on 12/20/2023.]
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| SUMMONS ISSUED as to Bombardier Inc. (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) [Transferred from Kansas on 12/20/2023.] |
| Filing 6 MOTION for attorney Gerald D. Silver to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6113031.) by Plaintiff Hexagon Manufacturing Intelligence, Inc. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Attachments: #1 Attachment - Declaration of Gerry Silver, #2 Attachment - Pro Hac Vice Electronic Filing Registration Form)(Vix, Lyndon) [Transferred from Kansas on 12/20/2023.] |
| Filing 5 ENTRY OF APPEARANCE by Charles E. Millsap on behalf of Hexagon Manufacturing Intelligence, Inc. (Millsap, Charles) [Transferred from Kansas on 12/20/2023.] |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Hexagon Manufacturing Intelligence, Inc. identifying Hexagon AB as corporate parent. (Vix, Lyndon) [Transferred from Kansas on 12/20/2023.] |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Hexagon Manufacturing Intelligence, Inc. - trial to be held in Wichita. (Vix, Lyndon) [Transferred from Kansas on 12/20/2023.] |
| Filing 2 CIVIL COVER SHEET by Plaintiff Hexagon Manufacturing Intelligence, Inc. (Vix, Lyndon) [Transferred from Kansas on 12/20/2023.] |
| Filing 1 COMPLAINT with trial location of Wichita (Filing fee $402, Internet Payment Receipt Number AKSDC-6111711.), filed by Hexagon Manufacturing Intelligence, Inc. (Attachments: #1 Exhibit A - Bombardier MSLA, #2 Exhibit B - Order Schedule, #3 Exhibit C - Foreign Corp. Application) (Vix, Lyndon) [Transferred from Kansas on 12/20/2023.] |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh) [Transferred from Kansas on 12/20/2023.] |
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| Search for this case: Hexagon Manufacturing Intelligence, Inc. v. Bombardier Inc. | |
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| Plaintiff: Hexagon Manufacturing Intelligence, Inc. a Delaware corporation formerly doing business as MSC Software Corporation | |
| Represented By: | Charles E. Millsap |
| Represented By: | Gerald D. Silver |
| Represented By: | Lyndon W. Vix |
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| Defendant: Bombardier Inc | |
| Represented By: | Eric Fishman |
| Represented By: | James D. Dealy |
| Represented By: | Jay F. Fowler |
| Represented By: | Eric Xinis Fishman |
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