Walbro LLC v. TI Group Automotive Systems, LLC
| Walbro Engine Management, LLC and Walbro LLC |
| TI Group Automotive Systems, LLC doing business as TI Fluid Systems |
| Electrical Components International, Inc. |
| Electrical Components International, Inc. |
| TI Group Automotive Systems, LLC |
| 7:2024cv05662 |
| July 25, 2024 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on September 13, 2024. A more recent docket listing may be available from PACER.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Westchester. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1z e22 e53 02 1005 251 7 on 9/13/2024..(jca) |
Filing 28
ORDER For the reasons set forth on the record on September 6, 2024, Plaintiff's motion to remand is GRANTED. Defendant's cross-motion for transfer of venue is DENIED. Accordingly, it is hereby ORDERED that this action be REMANDED forthwith to the Supreme Court of the State of New York, County of Westchester. SO ORDERED. (Signed by Judge Cathy Seibel on 9/9/2024) (jca) Transmission to Docket Assistant Clerk for processing.
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| Minute Entry for proceedings held before Judge Cathy Seibel: Initial Conference held on 9/6/2024. Plaintiff's counsel Scott Salant, Esq. appears telephonically. Defendant TI Group Automotive Systems, LLC counsel Mahesh Nayak, Esq. appears telephonically. Third-party Defendant Electrical Components International, Inc. counsel Lawton Squires, Esq. appears telephonically. Law Clerk Abigail Tubin appears telephonically. For the reasons stated on the record, the Court GRANTS Plaintiff's Motion to Remand and DENIES Defendant's Cross-Motion for Transfer of Venue. This case is hereby REMANDED to the Westchester County Supreme Court. The Court will issue a written Order. The Clerk of Court is directed to terminate the pending Motions (Doc # 5 and Doc # 14). See transcript. Motion(s) terminated: #14 CROSS MOTION to Change Venue to Eastern District of Michigan filed by TI Group Automotive Systems, LLC. (Court Reporter Sue Ghorayeb) (wc) |
| Filing 27 NOTICE OF APPEARANCE by Lawton W. Squires on behalf of Electrical Components International, Inc...(Squires, Lawton) |
| Filing 26 ANSWER to #17 Amended Complaint with JURY DEMAND. Document filed by TI Group Automotive Systems, LLC..(Nayak, Mahesh) |
| Filing 25 PROPOSED SCHEDULING ORDER. Document filed by Walbro LLC..(Salant, Scott) |
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Filing 24
ORDER granting #23 Motion for Mahesh K. Nayak to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 23 MOTION for Mahesh K. Nayak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29815457. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TI Group Automotive Systems, LLC..(Nayak, Mahesh) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Mahesh K. Nayak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29815457. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 22 REPLY MEMORANDUM OF LAW in Support re: #14 CROSS MOTION to Change Venue to Eastern District of Michigan. . Document filed by TI Group Automotive Systems, LLC..(Rosner, Joel) |
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Filing 21
ORDER denying #19 Letter Motion to Adjourn Conference. Application denied. I will rule on Plaintiff's motion to remand at the already scheduled 9/6/24 conference. SO ORDERED. (Signed by Judge Cathy Seibel on 8/23/2024) (mml)
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| Filing 20 LETTER addressed to Judge Cathy Seibel from Scott M. Salant dated 8/22/24 re: Adjournment Request. Document filed by Walbro LLC..(Salant, Scott) |
| Filing 19 CONSENT LETTER MOTION to Adjourn Conference (Sept. 6 Conference) addressed to Judge Cathy Seibel from Joel H. Rosner dated Aug. 21, 2024. Document filed by TI Group Automotive Systems, LLC..(Rosner, Joel) |
| Filing 18 AFFIDAVIT OF SERVICE of Third-Party Summons and Complaint (and Notice of Removal, Defendant's Answer, Motion for Remand, and Notice of Initial Court Conference) served on Electrical Components International Inc. on 08/13/2024. Service was accepted by Kathy Hunter, authorized person. Document filed by TI Group Automotive Systems, LLC..(Rosner, Joel) |
| Filing 17 AMENDED COMPLAINT against TI Group Automotive Systems, LLC with JURY DEMAND.Document filed by Walbro LLC. (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - 8D Form, #3 Exhibit C - Mercury Presentation).(Salant, Scott) |
| Filing 16 LETTER RESPONSE in Opposition to Motion addressed to Judge Cathy Seibel from Scott M. Salant dated 8/21/24 re: #14 CROSS MOTION to Change Venue to Eastern District of Michigan. and reply to opposition to motion to dismiss and remand.. Document filed by Walbro LLC..(Salant, Scott) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 CROSS MOTION to Change Venue to Eastern District of Michigan. and in Opposition to #5 Motion to Remand. Document filed by TI Group Automotive Systems, LLC. (Attachments: #1 Exhibit A (Declaration of Bradley Kippe), #2 Exhibit B (Debit Notes and Correspondence)).(Rosner, Joel) |
| Filing 14 CROSS MOTION to Change Venue to Eastern District of Michigan. Document filed by TI Group Automotive Systems, LLC..(Rosner, Joel) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Electrical Components International, Inc.. (sj) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Electrical Components International, Inc., re: #11 Third Party Complaint. Document filed by TI Group Automotive Systems, LLC..(Rosner, Joel) |
| Filing 11 THIRD PARTY COMPLAINT against Electrical Components International, Inc..Document filed by TI Group Automotive Systems, LLC. (Attachments: #1 Exhibit Exhibits 1-5).(Rosner, Joel) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TI Fluid Systems plc, Corporate Parent TI Automotive LLC, Corporate Parent TI Automotive USA Holdings Limited for TI Group Automotive Systems, LLC. Document filed by TI Group Automotive Systems, LLC..(Rosner, Joel) |
| Filing 9 NOTICE of Initial Court Conference: Counsel for all parties, and any unrepresented individual, shall appear at a conference for the purpose of case management and scheduling pursuant to Federal Rule of Civil Procedure 16 onSeptember 6, 2024 at 4:15 p.m. (via telephone). (Initial Conference set for 9/6/2024 at 04:15 PM via telephone before Judge Cathy Seibel). (laq) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Joel Howard Rosner to RE-FILE Document No. #7 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): not all corporate parents/other affiliates were added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
| Filing 8 ANSWER to Complaint (Notice of Removal) with JURY DEMAND. Document filed by TI Group Automotive Systems, LLC..(Rosner, Joel) |
| Filing 7 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TI Fluid Systems plc for TI Group Automotive Systems, LLC. Document filed by TI Group Automotive Systems, LLC..(Rosner, Joel) Modified on 8/2/2024 (lb). |
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Filing 6
MEMO ENDORSEMENT on re: #5 Letter filed by Walbro LLC. ENDORSEMENT: The Court treats this letter as a motion to remand. Defendant shall respond no later than 8/14/24. If Defendant opposes, Plaintiff may reply no later than 8/21/24. SO ORDERED. (Replies due by 8/21/2024. Responses due by 8/14/2024.) (Signed by Judge Cathy Seibel on 7/31/2024) (mml)
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| Filing 5 LETTER addressed to Judge Cathy Seibel from Scott M. Salant dated July 31, 2024 re: Request for a Pre-Motion Conference. Document filed by Walbro LLC..(Salant, Scott) |
| Filing 4 NOTICE OF APPEARANCE by Scott M. Salant on behalf of Walbro LLC..(Salant, Scott) |
| Filing 3 CERTIFICATE OF SERVICE of Notice of Removal served on Walbro LLC on 7/26/2024. Service was made by Mail. Document filed by TI Group Automotive Systems, LLC d/b/a TI Fluid Systems..(Rosner, Joel) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joel Howard Rosner. The party information for the following party/parties has been modified: Walbro LLC, TI Group Automotive Systems, LLC d/b/a TI Fluid Systems. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted; alias party type was entered incorrectly. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joel Howard Rosner. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,118,020,000; County code Westchester. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,118,000; the County code has been modified to XX Out of State. (sj) |
| Magistrate Judge Judith C. McCarthy 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. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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..(sj) |
| Filing 2 CIVIL COVER SHEET filed..(Rosner, Joel) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 64501/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-29659077).Document filed by TI Group Automotive Systems, LLC d/b/a TI Fluid Systems. (Attachments: #1 Exhibit A (Summons and Complaint), #2 Exhibit B (Notice of Filing of Notice of Removal), #3 Exhibit C (Declaration of Shawn Koza), #4 Exhibit D (State Court Filings)).(Rosner, Joel) |
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