L3Harris Technologies, Inc. v. General Electric Co.
| L3Harris Technologies, Inc. |
| General Electric Co |
| 1:2024cv02671 |
| April 9, 2024 |
| US District Court for the Southern District of New York |
| Contract: Other |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| Plaintiff |
Docket Report
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| Filing 47 CASE TRANSFERRED IN from the United States District Court - District of Florida Middle; Case Number: 6:23-cv-02215. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 1:23-cv-10736-VSB. (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) |
| Case Designated ECF. (vba) |
Filing 46
ORDER Granting in part and Denying in part #28 Defendant General Electric Co.'s Rule 12(b)(6) Motion to Dismiss Plaintiff's Complaint, Alternative Motion to Transfer Under 28 U.S.C. 1404(a). The Motion is granted to the extent it requests transfer of this case to the Southern District of New York to be considered with Gen. Elec. Co. v. L3Harris Techs., Inc., 1:23-cv-10736 (S.D.N.Y Dec. 8, 2023). The Motion to Dismiss is DENIED without prejudice as moot and to be refiled upon transfer, if appropriate. This case is TRANSFERRED to the Southern District of New York, pursuant to 28 U.S.C. 1404(a). The Clerk is directed to CLOSE the file. Signed by Judge Anne C. Conway on 3/29/2024. (KLD) [Transferred from Florida Middle on 4/9/2024.]
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| Filing 45 DECLARATION of James V. Etscorn re #44 Response by L3Harris Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Etscorn, James) [Transferred from Florida Middle on 4/9/2024.] |
| Filing 44 RESPONSE re #42 Response to order to show cause (Plaintiff L3Harris' Reply to Defendant GE's Supplemental Briefing Regarding Transfer) filed by L3Harris Technologies, Inc.. (Etscorn, James) Modified on 3/14/2024 to modify text. (LD). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 43 DECLARATION of Gina Durham re #42 Supplemental Briefing by General Electric Co. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Durham, Gina) (Modified on 3/11/2024, to edit text) (BGR). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 42 SUPPLEMENTAL Briefing; re #28 MOTION to Dismiss the Complaint Alternative Motion to Transfer Under 28 U.S.C. 1404(a), #40 Order to show cause filed by General Electric Co. (Durham, Gina) (Modified on 3/11/2024, to edit text) (BGR). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 41 NOTICE OF SELECTION of Stephen C. Sawicki as mediator by L3Harris Technologies, Inc. (Etscorn, James) Modified text on 3/8/2024 (MCB). [Transferred from Florida Middle on 4/9/2024.] |
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Filing 40
ORDER to Show Cause as to General Electric Co. Defendant General Electric Co. is ORDERED to file a response to this Order to Show Cause within ten (10) days of this Order; Plaintiff L3 Harris Technologies, Inc. is ORDERED to file a reply to Defendant's response within five (5) days of the filing of Defendant's Response; and The parties' responses should be no more than fifteen (15) pages. Signed by Judge Anne C. Conway on 2/27/2024. (KLD) [Transferred from Florida Middle on 4/9/2024.]
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| Filing 39 CASE REFERRED to Mediation. Jay M. Cohen is not one of the approved mediators for the M.D. Fla. listed on the Court's website. Lead Counsel is directed to contact opposing counsel, select a mediator off the court's approved list of mediators on the website, contact selected mediator and file a notice with the court within 14 days from the date of this order advising the court of the selected mediator and scheduled mediation date. Mediation to be conducted in person or the parties shall file a motion seeking permission to conduct the mediation by Zoom. Any such motion shall include a statement that the Mediator consents to mediation by Zoom. (KLD) [Transferred from Florida Middle on 4/9/2024.] |
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Filing 38
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/17/2024. Joinder of Parties due by 5/17/2024. Discovery due by 9/3/2024. Dispositive motions due by 9/16/2024. Pretrial statement due by 1/24/2025. All other motions due by 10/14/2024. Plaintiff disclosure of expert report due by 7/1/2024. Defendant disclosure of expert report due by 8/1/2024. Jury Trial set for trial term commencing on 3/3/2025 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway. Conduct mediation hearing by 9/9/2024. Lead counsel to coordinate dates. Signed by Judge Anne C. Conway on 2/21/2024. (KLD) [Transferred from Florida Middle on 4/9/2024.]
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| Filing 37 CASE MANAGEMENT REPORT. (Etscorn, James) [Transferred from Florida Middle on 4/9/2024.] |
| Filing 36 RESPONSE in Opposition re #28 MOTION to Dismiss the Complaint Alternative Motion to Transfer Under 28 U.S.C. 1404(a), and Incorporated Memorandum of Law filed by L3Harris Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Etscorn, James) [Transferred from Florida Middle on 4/9/2024.] |
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Filing 35
ENDORSED ORDER granting #34 Motion for Extension of Time. Plaintiff may have until and through February 1, 2024, to respond to the Motion to Dismiss. Signed by Magistrate Judge Embry J. Kidd on 1/9/2024. (Kidd, Embry) [Transferred from Florida Middle on 4/9/2024.]
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| Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss the Complaint Alternative Motion to Transfer Under 28 U.S.C. 1404(a), and Incorporated Memorandum of Law by L3Harris Technologies, Inc.. (Etscorn, James) Motions referred to Magistrate Judge Embry J. Kidd. [Transferred from Florida Middle on 4/9/2024.] |
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Filing 33
ORDER granting #32 Defendant's Unopposed Motion for Special Admission of Gina Durham. Signed by Magistrate Judge Embry J. Kidd on 1/5/2024. (RMN) [Transferred from Florida Middle on 4/9/2024.]
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| Filing 32 Unopposed MOTION for Gina Durham to appear pro hac vice [fee previously paid at DE 22] by General Electric Co.. (Phillips, J.) Motions referred to Magistrate Judge Embry J. Kidd. [Transferred from Florida Middle on 4/9/2024.] |
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Filing 31
ORDER denying without prejudice #22 Motion to Appear Pro Hac Vice of Gina Durham; granting #24 , #25 , #26 Motions to Appear Pro Hac Vice of Colin J. Steele, Joshua Schwartzman, and Jared Greenfield. Signed by Magistrate Judge Embry J. Kidd on 1/3/2024. (RMN) [Transferred from Florida Middle on 4/9/2024.]
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| Filing 30 NOTICE TO COUNSEL Gina Durham, Colin James Steele, Joshua Schwartzman, Jared Greenfield Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; (Signed by Deputy Clerk). (JS) [Transferred from Florida Middle on 4/9/2024.] |
| Filing 29 DECLARATION of Gina Durham re #28 MOTION to Dismiss the Complaint Alternative Motion to Transfer Under 28 U.S.C. 1404(a), and Incorporated Memorandum of Law by General Electric Co. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Phillips, J.) Modified text on 12/29/2023 (KME). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 28 MOTION to Dismiss the Complaint Alternative Motion to Transfer Under 28 U.S.C. 1404(a), and Incorporated Memorandum of Law by General Electric Co. (Phillips, J.) Modified text on 12/29/2023 (KME). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 27 NOTICE of a related action per Local Rule 1.07(c) by General Electric Co.. Related case(s): Yes (Phillips, J.) [Transferred from Florida Middle on 4/9/2024.] |
| Filing 26 Unopposed MOTION for Jared Greenfield to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21605743 for $150 by General Electric Co. (Phillips, J.) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 12/29/2023 (KME). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 25 Unopposed MOTION for Joshua Schwartzman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21605739 for $150 by General Electric Co. (Phillips, J.) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 12/29/2023 (KME). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 24 Unopposed MOTION for Colin J. Steele to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21605734 for $150 by General Electric Co. (Phillips, J.) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 12/29/2023 (KME). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 23 NOTICE of Lead Counsel Designation by J. Trumon Phillips on behalf of General Electric Co. Lead Counsel: Gina Durham. (Phillips, J.) Modified text on 12/29/2023 (KME). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 22 Unopposed MOTION for Gina Durham to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21605692 for $150 by General Electric Co. (Phillips, J.) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 12/29/2023 (KME). [Transferred from Florida Middle on 4/9/2024.] |
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Filing 21
ORDER granting #18 , #19 , #20 Plaintiff's Unopposed Motions for Special Admission of William C. Bergmann, Charles C. Carson, and Phillip D. Wolfe. Signed by Magistrate Judge Embry J. Kidd on 12/15/2023. (RMN) [Transferred from Florida Middle on 4/9/2024.]
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| Filing 20 Unopposed MOTION for Phillip D. Wolfe to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21561555 for $150 by L3Harris Technologies, Inc.. (Etscorn, James) Motions referred to Magistrate Judge Embry J. Kidd. [Transferred from Florida Middle on 4/9/2024.] |
| Filing 19 Unopposed MOTION for Charles C. Carson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21561424 for $150 by L3Harris Technologies, Inc.. (Etscorn, James) Motions referred to Magistrate Judge Embry J. Kidd. [Transferred from Florida Middle on 4/9/2024.] |
| Filing 18 Unopposed MOTION for William C. Bergmann to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21561268 for $150 by L3Harris Technologies, Inc.. (Etscorn, James) Motions referred to Magistrate Judge Embry J. Kidd. [Transferred from Florida Middle on 4/9/2024.] |
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Filing 17
ENDORSED ORDER granting #15 Motion for Extension of Time. Defendant may have until and through January 8, 2024, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 12/6/2023. (Kidd, Embry) [Transferred from Florida Middle on 4/9/2024.]
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| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 by General Electric Co. (Phillips, J.) Modified on 12/6/2023 (CTR). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 15 Unopposed MOTION for Extension of Time to File Response To Complaint by General Electric Co. (Phillips, J.) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 12/6/2023 (CTR). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 14 RETURN of service executed on 11/17/2023 by L3Harris Technologies, Inc. as to General Electric Co. (Etscorn, James) [Transferred from Florida Middle on 4/9/2024.] |
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Filing 13
INITIAL CASE ORDER - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 11/22/2023. (KLD) [Transferred from Florida Middle on 4/9/2024.]
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| Filing 12 COUNSEL NOTIFIED TO REFILE USING CORRECT CASE EVENT -- PROOF of service by L3Harris Technologies, Inc. (Etscorn, James) Modified on 11/22/2023 (JK). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 11 CORPORATE Disclosure Statement by L3Harris Technologies, Inc. (Etscorn, James) Modified on 11/20/2023 (CTR). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by L3Harris Technologies, Inc. Related case(s): No (Etscorn, James) Modified on 11/20/2023 (CTR). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 9 NOTICE of Lead Counsel Designation by James Vincent Etscorn on behalf of L3Harris Technologies, Inc. Lead Counsel: James V. Etscorn. (Etscorn, James) Modified on 11/20/2023 (CTR). [Transferred from Florida Middle on 4/9/2024.] |
| Filing 8 NOTICE TO COUNSEL James Vincent Etscorn of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (SPM) [Transferred from Florida Middle on 4/9/2024.] |
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Filing 7
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 11/17/2023. (JOR) [Transferred from Florida Middle on 4/9/2024.]
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| Filing 6 SUMMONS issued as to General Electric Co. (SPM) [Transferred from Florida Middle on 4/9/2024.] |
| Filing 5 NOTICE TO COUNSEL William C. Bergmann Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper. Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (RLK) [Transferred from Florida Middle on 4/9/2024.] |
| Filing 4 NOTICE TO COUNSEL Phillip D. Wolfe Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (RLK) [Transferred from Florida Middle on 4/9/2024.] |
| Filing 3 NOTICE TO COUNSEL Charles C. Carson, Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (RLK) [Transferred from Florida Middle on 4/9/2024.] |
| Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Embry J. Kidd. New case number: 6:23-cv-2215-ACC-EJK. (RLK) [Transferred from Florida Middle on 4/9/2024.] |
| Filing 1 COMPLAINT against General Electric Co. with Jury Demand (Filing fee $402 receipt number BFLMDC-21470333) filed by L3Harris Technologies, Inc.. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(Etscorn, James) [Transferred from Florida Middle on 4/9/2024.] |
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