Wolfspeed, Inc. v. X-Fab Texas, Inc.
| WOLFSPEED, INC. |
| X-FAB TEXAS, INC. |
| 5:2022cv00318 |
| August 11, 2022 |
| US District Court for the Eastern District of North Carolina |
| Robert B Jones |
| Richard E Myers |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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Filing 13
ORDER granting #12 Motion to Seal #11 PROPOSED SEALED Declaration. Signed by Chief US District Judge Richard E. Myers II on 10/3/2022. (McNally, Kimberly)
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| Notice to Counsel regarding: #12 Motion to Seal Document. Counsel is reminded that a memorandum in support should be filed at a separate docket entry from the corresponding motion. No action required by counsel at this time. (McNally, Kimberly) |
| Motion Submitted to Chief Judge Richard E. Myers II regarding #12 Consent MOTION to Seal Document #11 PROPOSED SEALED Declaration. (McNally, Kimberly) |
| Filing 12 Consent MOTION to Seal Document #11 PROPOSED SEALED Declaration, filed by Wolfspeed, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A- Confidentiality Agreement, #3 Text of Proposed Order) (Lindahl, Rebecca) |
| NOTICE OF DEFICIENCY regarding #11 PROPOSED SEALED Declaration. Counsel should file a motion to seal the document at [DE-11] pursuant to Section V.G of the CM/ECF Policies and Procedures Manual. (McNally, Kimberly) |
| Filing 11 SEALED Declaration (Selected Participants Only)by Rebecca Lindahl (available to: Plaintiff Wolfspeed, Inc., Defendant X-Fab Texas, Inc.). (Attachments: #1 SEALED Exhibit 1- Award, #2 SEALED Exhibit 2- Purchase Agreement, #3SEALED Exhibit 3- Terms and Conditions, #4 SEALED Exhibit 4- Terms of Reference, #5SEALED Exhibit 5- Decision and Addendum) (Lindahl, Rebecca) Modified on 10/4/2022 to permanently seal documents (McNally, Kimberly). |
| Filing 10 First Amended Application to Confirm Arbitration Award (Lindahl, Rebecca). Modified on 9/26/2022 to clarify docket text (McNally, Kimberly). |
| Filing 9 Notice of Special Appearance for non-district by Charles A. DeVore on behalf of Wolfspeed, Inc.. (DeVore, Charles) |
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Filing 8
ORDER granting #5 Joint MOTION to Seal #2 PROPOSED SEALED Declaration, and exhibits. Signed by Chief Judge Richard E. Myers, II on 8/26/2022. (Collins, S.)
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| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #5 Joint MOTION to Seal #2 PROPOSED SEALED Declaration, and exhibits. (McNally, K.) |
| Filing 7 Notice of Appearance filed by Michaela Connors Holcombe on behalf of Wolfspeed, Inc.. (Holcombe, Michaela) |
| Filing 6 Notice of Appearance filed by Rebecca Kinlein Lindahl on behalf of Wolfspeed, Inc.. (Lindahl, Rebecca) |
| Filing 5 Joint MOTION to Seal #2 PROPOSED SEALED Declaration,, and exhibits filed by Wolfspeed, Inc.. (Attachments: #1 Memo ISO Motion to Seal, #2 Exhibit A- Confidentiality Agreement, #3 Text of Proposed Order) (Lindahl, Rebecca) |
| SECOND NOTICE TO COUNSEL regarding: #2 PROPOSED SEALED Declaration. Pursuant to Local Civil Rule 79.2(b)(1), all proposed sealed documents must be accompanied by a motion to seal. The motion to seal shall be a public document and noted with a docket entry that gives the public notice of the request to seal.On or before August 26, 2022, counsel must file a motion to seal the document attached at DE #2 . If a motion is not filed by then, the clerk will unseal the docket entry, making it publicly available. (Waddell, K.) |
| SECOND NOTICE TO COUNSEL regarding #1 Motion to Confirm Arbitration Award. All counsel appearing on behalf of a party shall file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). Therefore, counsel is directed to file a notice of appearance in accordance with the Local Rules. (Waddell, K.) |
| Filing 4 Waiver of Service Returned Executed filed by Wolfspeed, Inc.. X-Fab Texas, Inc. waiver sent on 8/17/2022. (Lindahl, Rebecca) |
| Notice to Counsel regarding: #2 PROPOSED SEALED Declaration. Pursuant to Local Civil Rule 79.2(b)(1), all proposed sealed documents must be accompanied by a motion to seal. The motion to seal shall be a public document and noted with a docket entry that gives the public notice of the request to seal. (Rudd, D.) |
| Notice to Counsel regarding: #1 Motion to Confirm Arbitration Award. No Summons provided for issuance or Waiver of Service filed. (Rudd, D.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| Notice to Counsel regarding: #2 PROPOSED SEALED Declaration. Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all of the subsequent attached documents. No further action is needed. (Rudd, D.) |
| Filing 3 Financial Disclosure Statement by WOLFSPEED, INC. (Lindahl, Rebecca) |
| Filing 2 SEALED Declaration (Selected Participants Only)by Rebecca K. Lindahl (available to: Plaintiff WOLFSPEED, INC., Defendant X-FAB TEXAS, INC.) regarding #1 Motion to Confirm Arbitration Award. (Attachments: #1 Exhibit 1- ICC International Court of Arbitration, #2 Exhibit 2- Email with attachment dated 10/19/2018, #3 Exhibit 3- Cree sales terms and conditions, #4 Exhibit 4- Terms of Reference, #5 Text of Proposed Order) (Lindahl, Rebecca) Modified on 8/16/2022 to describe exhibits. (Rudd, D.) Modified on 8/26/2022 to remove word proposed pursuant to Order #8 . (Collins, S.). |
| Filing 1 Motion to Confirm Arbitration Award against X-FAB TEXAS, INC. (Filing fee $ 402 receipt number 0417-6673806), filed by WOLFSPEED, INC. (Attachments: #1 Civil Cover Sheet) (Lindahl, Rebecca) |
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| Plaintiff: WOLFSPEED, INC. | |
| Represented By: | Rebecca Kinlein Lindahl |
| Represented By: | Charles A. DeVore |
| Represented By: | Michaela Connors Holcombe |
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| Defendant: X-FAB TEXAS, INC. | |
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