BorgWarner Turbo Systems, LLC v. Modern Industries, Inc.
Plaintiff: BorgWarner Turbo Systems, LLC
Defendant: Modern Industries, Inc.
Case Number: 1:2023cv00344
Filed: November 21, 2023
Court: US District Court for the Western District of North Carolina
Presiding Judge: W Carleton Metcalf
Referring Judge: Martin Reidinger
Nature of Suit: Contract: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2023 Opinion or Order Filing 12 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice added Katherine L. Pullen for BorgWarner Turbo Systems, LLC. Signed by US Magistrate Judge W. Carleton Metcalf on 11/29/2023. (cly)
November 29, 2023 Opinion or Order Filing 11 ORDER granting #6 Motion for Leave to Appear Pro Hac Vice added Ashley E. Racette for BorgWarner Turbo Systems, LLC (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 11/29/2023. (smm)
November 29, 2023 Notice to Ashley E. Racette: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 12/6/2023. (smm)
November 27, 2023 Filing 10 Summons Issued Electronically as to Modern Industries, Inc. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb)
November 27, 2023 NOTICE of Cancellation of Motion Hearing scheduled for 11/27/2023. (hms)
November 22, 2023 Filing 9 *NOTICE of Withdrawal of document by BorgWarner Turbo Systems, LLC ***Document terminated: #3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by BorgWarner Turbo Systems, LLC. (Hirsch, Alexandra) Modified *text and terminated document number #3 as a pending motion on 11/22/2023. NEF Regenerated (ejb).
November 22, 2023 Filing 8 NOTICE of Appearance by Marc Christopher Tucker on behalf of BorgWarner Turbo Systems, LLC (Tucker, Marc)
November 22, 2023 Filing 7 Disclosure Statement of Citizenship of Party or Intervenor by BorgWarner Turbo Systems, LLC. (Hirsch, Alexandra)
November 22, 2023 NOTICE of Hearing on Motion re: #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Motion Hearing set for 11/27/2023 at 2:00 PM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. This is your only notice - you will not receive a separate document. (hms)
November 22, 2023 Case Referral assigned to US Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. Motions referred to W. Carleton Metcalf: #5 MOTION for Leave to Appear Pro Hac Vice as to Katherine L. Pullen Filing fee $ 288, receipt number ANCWDC-6305935., #6 MOTION for Leave to Appear Pro Hac Vice as to Ashley E. Racette Filing fee $ 288, receipt number ANCWDC-6305939. This is your only notice - you will not receive a separate document.(ejb)
November 21, 2023 Filing 6 MOTION for Leave to Appear Pro Hac Vice as to Ashley E. Racette Filing fee $ 288, receipt number ANCWDC-6305939. by BorgWarner Turbo Systems, LLC. (Hirsch, Alexandra)
November 21, 2023 Filing 5 MOTION for Leave to Appear Pro Hac Vice as to Katherine L. Pullen Filing fee $ 288, receipt number ANCWDC-6305935. by BorgWarner Turbo Systems, LLC. (Hirsch, Alexandra)
November 21, 2023 Filing 4 MEMORANDUM in Support re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by BorgWarner Turbo Systems, LLC. (Attachments: #1 Exhibit Proposed Order)(Hirsch, Alexandra)
November 21, 2023 Filing 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by BorgWarner Turbo Systems, LLC. Responses due by 12/5/2023 (Hirsch, Alexandra)
November 21, 2023 Filing 2 Corporate Disclosure Statement by BorgWarner Turbo Systems, LLC. (Hirsch, Alexandra)
November 21, 2023 Filing 1 COMPLAINT against Modern Industries, Inc. ( Filing fee $ 402 receipt number ANCWDC-6305848), filed by BorgWarner Turbo Systems, LLC. (Attachments: #1 Exhibit 1 - Purchase Orders, #2 Exhibit 2 - BorgWarner Purchase Order Terms and Conditions, #3 Exhibit 3 - 10/20/23 Email from BorgWarner Business Team to Modern Business Team, #4 Exhibit 4 - 10/20/23 Email from Modern Business Team to BorgWarner Business Team, #5 Exhibit 5 - 10/31/23 Letter from BorgWarner Counsel to Modern Business Team, #6 Exhibit 6 - 11/1/23 Email from Modern Business Team to BorgWarner Counsel, #7 Exhibit 7 - 11/2/23 Email from BorgWarner Counsel to Modern Business Team, #8 Exhibit 8 - 11/7/23 Email from BorgWarner Business Team to Modern Business Team, #9 Exhibit 9 - 11/8/23 Email from BorgWarner Business Team to Modern Business Team, #10 Exhibit 10 - 11/9/23 Email from Modern Business Team to BorgWarner Business Team, #11 Exhibit 11 - 11/10/23 Email from BorgWarner Business Team to Modern Business Team, #12 Exhibit 12 - 11/13/23 Letter from Modern Counsel to BorgWarner Counsel, #13 Exhibit 13 - 11/20/23 Email from BorgWarner Business Team to Modern Business Team, #14 Exhibit 14 - 11/20/23 Letter from BorgWarner Counsel to Modern Counsel)(Hirsch, Alexandra) ***(Attachments 3, 4, and 6 - 14 replaced with corrected .pdfs on 11/22/2023). NEF Regenerated (ejb).
November 21, 2023 Case assigned to Chief Judge Martin Reidinger. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (ejb)

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Plaintiff: BorgWarner Turbo Systems, LLC
Represented By: Alexandra J. Hirsch
Represented By: Ashley E. Racette
Represented By: Marc Christopher Tucker
Represented By: Katherine L. Pullen
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Defendant: Modern Industries, Inc.
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