United States of America v. Novelis Inc. et al
| United States of America |
| Aleris Corporation and Novelis, Inc. |
| 1:2019cv02033 |
| September 4, 2019 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| Anti-Trust |
| 15 U.S.C. § 25 |
| None |
Docket Report
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| Filing 59 Final Judgment re #57 . See order for details. Judge Christopher A. Boyko on 8/26/2020. (D, I) |
Filing 58
Order granting Plaintiff's Application for Appointment of Divestiture Trustee (Related Doc #56 ). Pursuant to the terms of the proposed Final Judgment filed with the Court on May 12, 2020, the Court hereby appoints Julie Myers Wood as Divestiture Trustee subject to the terms of Section V of the proposed Final Judgment (Docket No. #47 ). Judge Christopher A. Boyko on 8/21/2020.(D, I)
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| Filing 57 Motion and Memorandum in support of Entry of Final Judgment #47 filed by Plaintiff United States of America. (Attachments: #1 Exhibit Final Judgment, #2 Exhibit APPA Certificate of Compliance)(Stern, Lowell) |
| Filing 56 Application for Appointment of Divestiture Trustee filed by Plaintiff United States of America. (Attachments: #1 Brief in Support of Application of Plaintiff United States to Appoint Divestiture Trustee, #2 Exhibit Julie Myers Wood Professional Resume, #3 Proposed Order)(Stern, Lowell) |
| Filing 55 Description and Certification of Written or Oral Communications Concerning the Proposed Final Judgment filed by Novelis, Inc.. (Malone, Farrell) |
| Filing 54 Description and Certification of Written or Oral Communications Concerning the Proposed Final Judgment filed by Novelis, Inc.. (Buterman, Lawrence) |
| Filing 53 Modified Hold Separate Stipulation & Order. Judge Christopher A. Boyko on 5/19/2020. (D, I) |
| Filing 52 SEALED Modified Hold Separate Stipulation & Order re #51 . Judge Christopher A. Boyko on 5/19/2020. (D, I) |
| Filing 51 Joint SEALED Document:Unredacted [Proposed] Modified Hold Separate Stipulation and Order filed by United States of America. Related document(s) #50 , #49 , #47 , #48 . (Musallam, Samer) |
| Filing 50 Marginal Entry Order granting #46 Joint SEALED Motion to File Unredacted Modified Hold Separate Stipulation. The attached stipulation to Doc. #46 should be filed separately under seal. Judge Christopher A. Boyko on 5/13/2020.(D, I) |
| Filing 49 Explanation of Consent Decree Procedures filed by United States of America. Related document(s) #47 , #48 .(Musallam, Samer) |
| Filing 48 Competitive Impact Statement filed by United States of America. Related document(s) #47 . (Attachments: #1 Exhibit Redacted Arbitration Decision)(Musallam, Samer) |
| Filing 47 Joint Proposed Modified Hold Separate Stipulation and Order filed by United States of America. (Attachments: #1 Proposed Order Proposed Final Judgment)(Musallam, Samer) |
| Filing 46 Joint SEALED Motion to File Unredacted Modified Hold Separate Stipulation and Order filed by Plaintiff United States of America. (Related document(s) #26 ). (Attachments: #1 Proposed Order) (Musallam, Samer) |
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Filing 45
Order In light of General Orders 2020-5 and 2020-5-1, the Court cancels all in-person and telephone Case Management and Status Conferences through May 1, 2020. In lieu of the CMCs and Status Conferences, the parties shall file enhanced Rule 26 Reports or Joint Status Reports as described herein. All existing deadlines on civil proceedings for discovery, amendments, mediations, special master duties and dispositive motions are extended sixty days. Judge Christopher A. Boyko on 3/24/2020.
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| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| As of January 6, 2020 Judge Christopher Boyko has taken Senior Status. Effective February 3, 2020, Judge Boyko is moving his chambers to the Howard Metzenbaum Courthouse located at 201 Superior Avenue, Cleveland, Ohio 44114. His office will be located in the East Chambers Rm 328. The Court will maintain courtroom facilities at Courtroom 15B of the Carl B. Stokes Courthouse so please consult the docket for the location of any upcoming proceedings. The phone number will remain 216 357-7151 so any telephonic conferences will not be affected by the change in location. (SL) (ADI) |
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Filing 44
Order granting the parties' joint #43 Motion to refer matter to arbitration and to stay proceedings. Case stayed pending arbitrator's decision in this matter. Judge Christopher A. Boyko on 1/21/20. (S,HR)
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| Filing 43 Joint Motion to Refer Matter to Arbitration and Stay Proceedings filed by Plaintiff United States of America. (Attachments: #1 Proposed Order)(Musallam, Samer) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 42 SEALED Hold Separate Stipulation & Order re #40 . Judge Christopher A. Boyko on 1/9/2020. (D, I) |
| Filing 41 Hold Separate Stipulation & Order re #38 . Judge Christopher A. Boyko on 1/9/2020. (D, I) |
| Filing 40 SEALED Document:Hold Separate Stipulation and Order filed by Novelis, Inc.. Related document(s) #39 , #38 . (Malone, Farrell) |
| Filing 39 Marginal Entry Order granting #37 Joint Motion to file under seal unredacted version of Hold Separate Stipulation. Judge Christopher A. Boyko on 1/7/2020.(D, I) |
| Filing 38 Joint Proposed Stipulation hold separate stipulation and order filed by United States of America. (Stern, Lowell) |
| Filing 37 Joint SEALED Motion (Unsigned) to file under seal Unredacted Version of the Hold Separate Stipulation filed by Plaintiff United States of America. (Related document(s) #26 ). (Attachments: #1 Pleading Hold Separate Stipulation and Order) (Stern, Lowell) |
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Order [non-document] granting Stipulation and Joint Motion to amend the stipulation and scheduling order (Related Doc #36 ). Each side agree to a limit of fifteen depositions. Judge Christopher A. Boyko on 12/23/2019.(D, I)
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| Filing 36 Motion To Amend the Stipulation and Scheduling Order filed by Plaintiff United States of America. Related document(s) #29 . (Rushforth, Blake) |
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Order [non-document] granting Joint Motion to adjourn Case Management Conference set for 12/18/2019 (Related Doc #35 ). Hearing will be reset by separate order. Judge Christopher A. Boyko on 12/16/2019.(D, I)
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| Filing 35 Joint Motion to Adjourn Case Management Conference filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Adjourning Case Management Conference)(Musallam, Samer) |
| Filing 34 Attorney Appearance by Bashiri Wilson, I filed by on behalf of United States of America. (Wilson, Bashiri) |
| Filing 33 Attorney Appearance by Karey E. Werner filed by on behalf of Novelis, Inc.. (Werner, Karey) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Allyson M. Maltas for Novelis, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #32 ). Judge Christopher A. Boyko on 10/28/2019.(D, I)
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| Filing 32 Motion for attorney Allyson M. Maltas to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9593735, filed by Defendant Novelis, Inc.. (Attachments: #1 Exhibit Declaration of Allyson M. Maltas)(Barry, Jennifer) |
| Filing 31 Answer to #1 Complaint filed by Aleris Corporation. (Dettelbach, Steven) |
| Filing 30 Answer to #1 Complaint filed by Novelis, Inc.. (Wall, Daniel) |
| Filing 29 Stipulation & Scheduling Order. Judge Christopher A. Boyko on 10/11/2019. (D, I) |
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Order [non-document] Joint Motion for entry of proposed scheduling order is moot (Related Doc #24 ). Revised Scheduling Order (Doc. #29 ) has been approved. Judge Christopher A. Boyko on 10/11/2019.(D, I)
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| Filing 28 Joint Proposed Stipulation Regarding Scheduling Order filed by United States of America. (Attachments: #1 Exhibit Joint Stipulated Case Management and Scheduling Order)(Musallam, Samer) |
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Filing 27
Order re #24 . The date for the close of fact discovery shall be January 10, 2020. The Court sets the number of interrogatories for all parties at twenty-five. Fed.R.Civ.P. 33. In the Motion, Plaintiff argues that it is commonplace to exclude from the privilege log communications between counsel for the United States and counsel for other executive branch agencies. Plaintiff shall file a brief, of no more than five pages, discussing the applicable law in support of Plaintiff's position. Plaintiff's brief shall be filed by Wednesday, October 9, 2019 at 12:00 noon EST. Defendants may respond by October 16, 2019 at 12:00 noon EST. The Court will issue its ruling as soon as possible thereafter. Judge Christopher A. Boyko on 10/8/2019. (D, I)
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| Filing 26 Stipulated Protective Order regarding confidential documents with acknowledgment page. Judge Christopher A. Boyko on 10/8/2019. (D, I) |
| Filing 25 Notice of Case Management Conference with case management conference to be held on 12/18/2019 at 11:00 AM in Chambers 15B. Judge Christopher A. Boyko on 10/4/2019. (Attachments: #1 Report of Parties Planning Meeting, #2 Consent Package)(S,HR) |
| Filing 24 Joint Motion Entry of [Proposed] Stipulated Scheduling Order and [Proposed] Stipulated Protective Order filed by Plaintiff United States of America. (Attachments: #1 Exhibit 1 - [Proposed] Stipulation and Scheduling Order, #2 Exhibit 2 - [Proposed] Stipulated Protective Order)(Musallam, Samer) |
| Filing 23 Stipulation & Order regarding deadline for filing answers to complaint. Novelis's and Aleris's date to Move or Answer shall be 10/16/2019. Judge Christopher A. Boyko on 9/30/2019. (D, I) |
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Order [non-document] granting Motions for appearance pro hac vice by attorneys John Todd Garcia, Jr., Aleksandr Livshits, George Wolfe for Aleris Corporation. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Docs. #19 , #20 , #21 ). Judge Christopher A. Boyko on 9/30/2019.(D, I)
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| Filing 22 Proposed Stipulation Regarding Deadline for Filing Answers to Complaint filed by Novelis, Inc.. (Barry, Jennifer) |
| Filing 21 Motion for attorney George Wolfe to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9540343, filed by Defendant Aleris Corporation. (Attachments: #1 Exhibit Declaration of Good Standing in Support of Motion for Admission of George Wolfe Pro Hac Vice)(Dettelbach, Steven) |
| Filing 20 Motion for attorney Aleksandr Livshits to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9540342, filed by Defendant Aleris Corporation. (Attachments: #1 Exhibit Declaration of Good Standing in Support of Motion for Admission of Aleksandr Livshits Pro Hac Vice)(Dettelbach, Steven) |
| Filing 19 Motion for attorney John Todd Garcia Jr. to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9540341, filed by Defendant Aleris Corporation. (Attachments: #1 Exhibit Declaration of Good Standing in Support of Motion for Admission of John Todd Garcia Jr. Pro Hac Vice)(Dettelbach, Steven) |
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Order [non-document] granting Motion for appearance pro hac vice by attorneys Daniel M. Wall, Amanda P. Reeves, Lawrence E. Buterman, Marguerite M. Sullivan, Lindsey S. Champlin, Farrell J. Malone for Novelis, Inc.. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #4 , #5 , #6 , #7 , #8 , #9 ). Judge Christopher A. Boyko on 9/13/2019.(W,CM)
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Order [non-document]granting Motion for appearance pro hac vice by attorney Nathaniel Asker, Stephen M. Juris, Justin J. Santolli for Aleris Corporation. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #15 , #16 , #17 ). Judge Christopher A. Boyko on 9/13/2019.(W,CM)
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| Filing 18 Attorney Appearance by Douglas L. Shively filed by on behalf of Aleris Corporation. (Shively, Douglas) |
| Filing 17 Motion for attorney Justin J. Santolli to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9518307, filed by Defendant Aleris Corporation. (Attachments: #1 Affidavit Declaration of Good Standing in Support of Motion for Admission of Justin J. Santolli Pro Hac Vice)(Dettelbach, Steven) |
| Filing 16 Motion for attorney Stephen M. Juris to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9518305, filed by Defendant Aleris Corporation. (Attachments: #1 Affidavit Declaration of Good Standing in Support of Motion for Admission of Stephen M. Juris Pro Hac Vice)(Dettelbach, Steven) |
| Filing 15 Motion for attorney Nathaniel Asker to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9518304, filed by Defendant Aleris Corporation. (Attachments: #1 Affidavit Declaration of Good Standing in Support of Motion for Admission of Nathaniel Asker Pro Hac Vice)(Dettelbach, Steven) |
| Filing 14 Corporate Disclosure Statement identifying Corporate Parent Oaktree Capital Management, L.P., Corporate Parent Apollo Management, L.P. for Aleris Corporation filed by Aleris Corporation. (Dettelbach, Steven) |
| Filing 13 Attorney Appearance by Steven M. Dettelbach filed by on behalf of Aleris Corporation. (Dettelbach, Steven) |
| Filing 12 Attorney Appearance by Blake Rushforth filed by on behalf of United States of America. (Rushforth, Blake) |
| Filing 11 Explanation of Plan to Refer this Matter to Arbitration filed by United States of America. (Attachments: #1 Exhibit [REDACTED] Arbitration Term Sheet)(Musallam, Samer) |
| Filing 10 Corporate Disclosure Statement identifying Corporate Parent Hindalco Industries, Ltd. for Novelis, Inc. filed by Novelis, Inc. (Barry, Jennifer) |
| Filing 9 Motion for attorney Farrell J. Malone to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9509009, filed by Defendant Novelis, Inc.. (Attachments: #1 Exhibit A - Declaration of Farrell J. Malone)(Barry, Jennifer) |
| Filing 8 Motion for attorney Lindsey S. Champlin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9508019, filed by Defendant Novelis, Inc.. (Attachments: #1 Exhibit A - Declaration of Lindsey S. Champlin)(Barry, Jennifer) |
| Filing 7 Motion for attorney Marguerite M. Sullivan to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9507994, filed by Defendant Novelis, Inc.. (Attachments: #1 Exhibit A - Declaration of Marguerite M. Sullivan)(Barry, Jennifer) |
| Filing 6 Motion for attorney Lawrence E. Buterman to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9507960, filed by Defendant Novelis, Inc.. (Attachments: #1 Exhibit A - Declaration of Lawrence E. Buterman)(Barry, Jennifer) |
| Filing 5 Motion for attorney Amanda P. Reeves to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9507914, filed by Defendant Novelis, Inc.. (Attachments: #1 Exhibit A - Declaration of Amanda P. Reeves)(Barry, Jennifer) |
| Filing 4 Motion for attorney Daniel M. Wall to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9507814, filed by Defendant Novelis, Inc.. (Attachments: #1 Exhibit A - Declaration of Daniel M. Wall)(Barry, Jennifer) |
| Filing 3 Attorney Appearance by Jennifer L. Barry filed by on behalf of Novelis, Inc.. (Barry, Jennifer) |
| Filing 2 Magistrate Consent Form issued. Summons were not provided and were not issued. (B,R) |
| Filing 1 Complaint against All Defendants.. Filing fee exempt. Filed by United States of America. (Attachments: #1 Civil Cover Sheet) (Musallam, Samer) |
| Judge Christopher A. Boyko assigned to case, (B,R) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (B,R) |
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