Siemens Industry, Inc. v. Mallory Electric Company et al
Plaintiff: Siemens Industry, Inc.
Defendant: Mallory Electric Company, SAUER INCOPORATED, Sauer Construction, LLC and Sauer Incorporated
Case Number: 5:2023cv00123
Filed: March 13, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 14, 2023 Opinion or Order Filing 22 ORDER granting #21 Joint Motion to Stay. This matter shall be stayed through July 31, 2023. The stay shall be automatically lifted on August 1, 2023. Any party may seek to continue the stay within fourteen days following the expiration thereof upon a showing of good cause. Any responsive pleading to be filed by Defendants is due within thirty days following expiration of the stay or thirty days following the denial of a motion to reinstate the stay, whichever is longer. Signed by District Judge Louise Wood Flanagan on 4/14/2023. (Collins, S.)
April 4, 2023 Filing 21 Joint MOTION to Stay filed by Siemens Industry, Inc.. (Attachments: #1 Text of Proposed Order) (Farley, Luke)
April 4, 2023 Filing 20 STIPULATION of Dismissal by Siemens Industry, Inc. (Farley, Luke)
April 4, 2023 Filing 19 AFFIDAVIT OF SERVICE by Siemens Industry, Inc. (Attachments: #1 Exhibit A - Proof of Delivery on Sauer Construction, LLC, #2 Exhibit B - Proof of Delivery on Mallory Electric Co., #3 Exhibit C - Proof of Delivery on Sauer Incorporated) (Farley, Luke)
April 3, 2023 Filing 18 Financial Disclosure Statement by Siemens Industry, Inc. identifying Corporate Parent Siemens Corporation for Siemens Industry, Inc.. (Farley, Luke)
April 3, 2023 Filing 17 Notice of Appearance filed by Christopher E. Flurry on behalf of Siemens Industry, Inc.. (Flurry, Christopher)
April 3, 2023 Filing 16 Notice of Appearance filed by Luke J. Farley on behalf of Siemens Industry, Inc.. (Farley, Luke)
March 20, 2023 Opinion or Order Filing 15 ORDER granting #14 Motion for Extension of Time to Answer regarding #1 Notice of Removal. Mallory Electric Company answer due 4/10/2023. Signed by Peter A. Moore, Jr., Clerk of Court on 3/17/2023. A copy of this Order was mailed to counsel for plaintiff Luke J. Farley & Christopher E. Flurry of Ellis & Winters LLP at Post Office Box 33550, Raleigh, NC 27636. (Collins, S.)
March 17, 2023 Filing 14 First MOTION for Extension of Time to File Answer to Complaint filed by Mallory Electric Company. (Attachments: #1 Text of Proposed Order Proposed Order) (Strickland, Jason)
March 17, 2023 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #14 First MOTION for Extension of Time to File Answer to Complaint. (Collins, S.)
March 17, 2023 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.)
March 16, 2023 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time to Answer regarding regarding #1 Notice of Removal. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Peter A. Moore, Jr., Clerk of Court on 3/16/2023. A copy of this Order was mailed to counsel for plaintiff Luke J. Farley & Christopher E. Flurry of Ellis & Winters LLP at Post Office Box 33550, Raleigh, NC 27636. (Collins, S.)
March 16, 2023 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #12 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Collins, S.)
March 16, 2023 Motion No Longer Submitted to District Judge Louise Wood Flanagan: regarding #12 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Collins, S.)
March 16, 2023 Motion Submitted to District Judge Louise Wood Flanagan regarding #12 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Collins, S.)
March 15, 2023 Filing 12 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, filed by Sauer Construction, LLC, Sauer Incorporated. (Attachments: #1 Exhibit A - State Court Order, #2 Text of Proposed Order) (Atkins, Andrew)
March 15, 2023 Filing 11 Financial Disclosure Statement by Sauer Construction, LLC identifying Corporate Parent Sauer Holdings, Inc. for Sauer Construction, LLC. (Atkins, Andrew)
March 15, 2023 Filing 10 Financial Disclosure Statement identifying parent corporation, Sauer Holdings, Inc. by Sauer Incorporated (Atkins, Andrew) Modified on 3/16/2023 to revise docket text to identify parent corporation. (Collins, S.).
March 15, 2023 Filing 9 Notice of Appearance filed by Andrew Perry Atkins on behalf of Sauer Construction, LLC, Sauer Incorporated. (Atkins, Andrew)
March 14, 2023 Filing 8 Notice filed by Mallory Electric Company regarding #1 Notice of Removal, Notice of Filing with Wake County. (Strickland, Jason)
March 14, 2023 Filing 7 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Counsel, Luke J. Farley & Christopher E. Flurry of Ellis & Winters LLP at Post Office Box 33550, Raleigh, NC 27636 and Andrew P. Atkins of Smith Anderson at Wells Fargo Capitol Center, 150 Fayetteville Street, Suite 2300, Raleigh, NC 27601 mailed via US Mail on March 14, 2023. (Rudd, D.)
March 14, 2023 Notice to Counsel regarding: #4 Notice - other Civil Cover Sheet. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the civil cover sheet) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
March 13, 2023 Filing 6 Notice of Appearance filed by Luke Christopher Tompkins on behalf of Mallory Electric Company. (Tompkins, Luke)
March 13, 2023 Filing 5 Notice filed by Mallory Electric Company regarding #1 Notice of Removal, Supplemental Removal Cover Sheet. (Strickland, Jason)
March 13, 2023 Filing 4 Notice filed by Mallory Electric Company regarding #1 Notice of Removal, Civil Cover Sheet. (Strickland, Jason) (Main Document 4 flattened and replaced on 4/7/2023) (Edwards, S.).
March 13, 2023 Filing 3 Financial Disclosure Statement by Mallory Electric Company (Strickland, Jason)
March 13, 2023 Filing 2 Notice of Appearance filed by Jason Trent Strickland on behalf of Mallory Electric Company. (Strickland, Jason)
March 13, 2023 Filing 1 NOTICE OF REMOVAL by Mallory Electric Company from Wake County, case number 23-CVS-1829. ( Filing fee $ 402 receipt number ANCEDC-6986316), filed by Mallory Electric Company. (Attachments: #1 Exhibit Exhibit A - Summons & Complaint) (Strickland, Jason)

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Plaintiff: Siemens Industry, Inc.
Represented By: Christopher E. Flurry
Represented By: Luke J. Farley
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Defendant: Mallory Electric Company
Represented By: Luke Christopher Tompkins
Represented By: Jason Trent Strickland
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Defendant: SAUER INCOPORATED
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Defendant: Sauer Construction, LLC
Represented By: Andrew Perry Atkins
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Defendant: Sauer Incorporated
Represented By: Andrew Perry Atkins
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