Aleris Rolled Products, Inc. v. ANDRITZ Sundwig GmbH, et al.
| ANDRITZ Deutschland Beteiligungs GmbH and ANDRITZ Sundwig GmbH |
| Aleris Rolled Products, Inc. |
| 1:2020cv00281 |
| February 10, 2020 |
| US District Court for the Northern District of Ohio |
| J Philip Calabrese |
| James S Gwin |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
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Filing 40
Joint Proposed Stipulation to Dismiss Action with Prejudice filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by telephone on 10/12/2021. Ruth E. Hartman and Michael S. Vitale appeared for Plaintiff. William E. Dorris, R. Lee Mann, and Michael Ungar appeared for Defendants. The parties updated the Court on the status of the proceedings. Time: 20 minutes. (Y,A)
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IMPORTANT: Notice [non-document]: At the parties' request, the Court cancels the status conference set for 9/28/2021 and resets it for 10/12/2021 at 4:00 p.m. to be held by telephone. The Court will provide counsel dial-in information prior to the conference. (Y,A)
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IMPORTANT: Notice [non-document]: At the parties' request, the Court cancels the status conference set for 9/14/2021 and resets it for 9/28/2021 at 4:00 p.m. to be held by telephone. The Court will provide counsel dial-in information prior to the conference. (Y,A)
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IMPORTANT: Notice [non-document]: At the parties' request, the Court cancels the status conference set for 8/23/2021 and resets it for 9/14/2021 at 12:00 p.m. to be held by telephone. The Court will provide counsel dial-in information prior to the conference. The parties need not submit a joint status report on 8/19/2021, as previously ordered. (Y,A)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by telephone on 7/26/2021. Ruth E. Hartman and Michael S. Vitale appeared for Plaintiff. William E. Dorris, R. Lee Mann, and Michael Ungar appeared for Defendants. Veronica O'Brien also attended. The parties advised that they are progressing through written discovery and beginning to schedule depositions. The Court sets a status conference for 8/23/2021 at 2:00 p.m. to be held by telephone. The Court will provide dial-in information beforehand. The Court directs the parties to submit a joint status report with an update of the status of discovery and any other issues the parties wish to address with the Court at the status conference by 8/19/2021. Time: 10 minutes. (Y,A)
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Filing 39
Joint Status Report filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by telephone on 6/29/2021. Ruth E. Hartman and Michael S. Vitale appeared for Plaintiff. R. Lee Mann and Michael Ungar appeared for Defendants. The parties discussed the status of the case and represented that they are progressing through discovery and conferring regarding various issues. The Court sets a status conference by telephone on 7/26/2021 at 10:00 AM. The Court will provide counsel dial-in information prior to the conference. The parties shall submit a joint status report identifying any issues they wish the Court to address at the conference by 7/22/2021. Time: 11 minutes. (Y,A)
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Filing 38
Joint Status Report filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Minute Order [non-document]: The Court held a status conference by telephone on 5/14/2021. Ruth E. Hartman and Michael S. Vitale appeared for Plaintiff. William E. Dorris, R. Lee Mann, and Michael N. Ungar appeared for Defendants. Veronica O'Brien and David Bumsted also joined the call. The parties discussed the status of discovery and represented they are conferring and hope to cooperatively resolve any discovery disputes. The Court sets a status conference by telephone for 6/29/2021 at 2:00 PM. The Court will provide dial-in information beforehand. The Court orders the parties to submit a joint status report by 6/25/2021 updating the Court on the status of discovery and identifying the issues, if any, they wish to address at the conference. Judge J. Philip Calabrese on 5/14/2021. (Y,A)
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Filing 37
Joint Status Report filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Filing 36
Opinion and Order. Judge J. Philip Calabrese on 4/16/2021. (Y,A)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a telephone status conference by phone on 4/16/2021. Ruth E. Hartman appeared for Plaintiff. William E. Dorris, R. Lee Mann, and Michael Ungar appeared for Defendants. David Bumsted also joined the call. The parties discussed the status of their ongoing discovery disputes. As directed by prior order, they submitted letter briefs to the Court regarding several disputes related to Plaintiff's production of a redacted copy of the purchase agreement relevant to the December 2020 sale of the facility at issue in the parties' respective claims and defenses. The Court will rule on that matter by separate entry. The Court sets a status conference for 5/14/2021 at 2:00 PM. The Court directs the parties to submit a joint status report with an update of the status of discovery, identifying any discovery dispute requiring the Court's attention or involvement, and any other issues the parties wish to address at the status conference by 5/6/2021. Based on the parties' status report, the Court will determine whether the status conference will be by telephone or in person at Chambers. Time: 20 minutes. (Y,A)
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Filing 35
Joint Status Report filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Minutes of proceedings [non-document] The Court held a status conference by telephone on 3/23/2021. Ruth E. Hartman and Michael S. Vitale appeared for Plaintiff. William E. Dorris, R. Lee Mann, and Michael Ungar appeared for Defendants. Veronica O'Brien, David Bumsted, and Ken Dobkin also joined the call. The parties discussed the status of the case, including several discovery disputes. The parties dispute Plaintiff's production of a redacted copy of the purchase agreement relevant to the December 2020 sale of its plant. Plaintiff requested the opportunity to brief the Court on the issue, which the Court granted. Plaintiff shall email a letter brief to Chambers at Calabrese_Chambers@ohnd.uscourts.gov along with redacted and unredacted versions of the purchase agreement by 4/2/2021. Defendants shall respond to Plaintiff's brief by 4/12/2021. Defendants' brief shall direct the Court to the redactions they find objectionable and the redacted material they most claim to need. Neither brief shall exceed 10 pages. Plaintiff is directed to finalize its production of documents of the materials agreed to be produced in response to Defendants' most recent written requests related to the December 2020 transaction by 4/2/2021. The parties are expected to resolve to the greatest extent practicable any claimed deficiencies and good-faith disputes regarding the production of documents not agreed upon before 4/16/2021. The Court further directs Plaintiff to supplement the damages computation in its initial disclosures by 4/22/2021. The parties need not disclose experts before the deadlines for submitting expert reports. Neither party will be bound by experts previously disclosed. The Court sets a status conference by telephone on 4/16/2021 at 4:00 PM. The Court will provide dial-in information beforehand. The Court directs the parties to submit a joint status report with an update of the status of discovery and any other issues the parties with to address with the Court at the status conference by 4/9/2021. (Court Reporter: None.)Time: 45 minutes. (L,Ja)
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Filing 34
Joint Status Report filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Filing 33
First Amended Case Management Conference Plan and Scheduling Order: The Court hereby vacates the schedule set forth in the previous Case Management Conference Plan/Order (ECF No. #22 ) and sets the following schedule in this matter: fact discovery cut-off is 9/24/2021; expert reports due 12/13/2021; rebuttal expert reports due 1/31/2022; dispositive motion deadline 3/31/2022. The next status conference is 3/23/2021 at 3:00 PM and will be conducted by telephone. The Courtroom Deputy will email counsel with instructions to participate in the conference. SO ORDERED. Judge J. Philip Calabrese on 3/5/2021. (Y,A)
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Minute Order [non-document]: The Court held a status conference by telephone on 3/5/2021. Ruth E. Hartman and Michael S. Vitale appeared for Plaintiffs. William E. Dorris, R. Lee Mann, and Michael Ungar appeared for Defendants. Veronica O'Brien and David Bumsted also joined the call. The parties discussed the status of the case, scheduling matters, and various discovery disputes that arose since the last status conference. The Court orders Plaintiffs to substantially complete production of documents of the materials agreed to be produced in response to Defendants' most recent written requests relating to the December 2020 transaction by 3/22/2021. With respect to the purchase agreement Plaintiffs recently produced, the parties are directed to meet and confer pursuant to the Stipulated Protective Order (ECF No. 30) and the Court's Civil Standing Order to attempt to resolve any disputes regarding the production of that document. The Court sets a status conference by telephone on 3/23/2021 at 3:00 PM, for which the Courtroom Deputy will provide dial-in information. The Court directs the parties to submit a joint status report with an update of the status of discovery and any other issues the parties wish to address with the Court at the status conference by 3/19/2021. If Plaintiff's production is not substantially complete by 3/22/2021, a person with first-hand knowledge of the volume and scope of the production, other than counsel, must attend the status conference on 3/23/2021 and be prepared to explain to the Court why the production has not been substantially completed and when it will be. The Court will amend the case management schedule by separate order. Time: 34 minutes (Y,A)
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Filing 32
Joint Status Report filed by ANDRITZ Sundwig GmbH. (Djordjevic, Gregory)
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Minute Order [non-document]: The Court held a status conference by telephone on 2/11/2021. Ruth E. Hartman and Michael S. Vitale appeared for Plaintiff. William E. Dorris, R. Lee Mann, III, and Michael Ungar appeared for Defendants. Veronica O'Brien and David Bumsted also joined the call. The parties discussed the status of the case. For good cause shown, the Court GRANTS the parties' joint motion to vacate the dispositive motions deadlines (ECF No. #31 ). The Court further directs the parties to submit a motion with a proposed order, or, if necessary, a status report on their discussions of new dates for dispositive motions and revised dates for the other deadlines in this case by 3/1/2021. A status conference by telephone is set for 3/5/2021 at 1:00 pm. The Court will email counsel the conference line dial-in information prior to the call. SO ORDERED. Judge J. Philip Calabrese on 2/11/2021. (Y,A)
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Filing 31
Joint Motion to vacate Dispositive Motion Deadlines filed by Plaintiff Aleris Rolled Products, Inc.. Related document(s) #22 . (Attachments: #1 Proposed Order)(Hartman, Ruth)
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Filing 30
Stipulated Protective Order. Judge J. Philip Calabrese on 1/22/2021. (Attachments: #1 Non-Disclosure Agreement) (Y,A)
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Filing 29
Proposed Stipulated Protective Order filed by Andritz Sundwig GmbH. (Ungar, Michael)
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Order (non-document) of case reassignment to Judge J. Philip Calabrese pursuant to General Order 2020-27. Chief Judge Patricia A. Gaughan on December 7, 2020. (S,SR)
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Filing 28
Minutes of Status Conference before Judge James S. Gwin held on 11/17/2020. Status Conference set for 2/11/2021 at 10:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin. (Court Reporter: None.; Time: 8 minutes) (S,KM)
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IMPORTANT: Notice [non-document] of Status Conference set for 11/17/2020 at 12:00 PM to be held by video conference (Cleveland) before Judge James S. Gwin. Conference information to be provided by email. (S,KM)
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Filing 27
Attorney Appearance by Taylor M. Thompson filed by on behalf of Aleris Rolled Products, Inc.. (Thompson, Taylor)
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Filing 26
Order signed by Judge James S. Gwin on 7/21/2020. The Court denies parties' proposed protective order re #25 (S,KM)
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Filing 25
Proposed Order Joint Confidentiality Agreement filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Filing 24
Stipulation regarding protocol for documentes and electronically stored information and proposed order, with Exhibit A - Metadata Fields attached, filed by ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH. (Ungar, Michael)
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Filing 23
Order signed by Judge James S. Gwin on 7/8/2020 that plaintiff shall identify experts by 9/1/2020 and defendants shall identify experts by 9/21/2020. The parties must exchange expert reportsat least 90 days before the date set for trial. Rebuttal reports are due 30 days following the initial reports (S,KM)
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Filing 22
Case Management Conference Plan/Order. signed by Judge James S. Gwin on 7/8/2020. Case is assigned to the standard track. Parties to be Joined and Pleading Amendments due by 7/8/2020. Dispositive Motions due by 3/1/2021, with responses due 3/22/2021 and replies due by 3/29/2021. Status Conference set for 11/17/2020 at 12:00 PM and Pretrial Conference set for 9/14/2021 at 12:00 PM, both to be held in Chambers 18A before Judge James S. Gwin. Jury Trial set on a two week stand-by basis beginning on 9/20/2021 at 08:00 AM in Courtroom 18A before Judge James S. Gwin.(S,KM) (Additional attachment(s) added on 7/8/2020: #1 A. Proposed Final Pre-Trial Order, #2 Appendix B. Exhibit List, #3 Appendix c. Witness List) (S,KM).
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Filing 21
Minutes of Case Management Conference before Judge James S. Gwin on 7/8/2020. (Court Reporter: None;Time: 40 minutes) (S,KM)
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Order [non-document] entered by Judge James S. Gwin on 7/6/2020 granting Motion for appearance pro hac vice by attorney Michael S. Vitale for Aleris Rolled Products, Inc.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #18 )(S,KM)
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Order [non-document] entered by Judge James S. Gwin on 7/6/2020 granting Motion for appearance pro hac vice by attorney Brian C. Blair for Aleris Rolled Products, Inc.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #19 )(S,KM)
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Filing 20
Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Filing 19
Motion for attorney Brian Blair to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10079614, filed by Plaintiff Aleris Rolled Products, Inc.. (Attachments: #1 Exhibit Declaration)(Hartman, Ruth)
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Filing 18
Motion for attorney Michael Vitale to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10079607, filed by Plaintiff Aleris Rolled Products, Inc.. (Attachments: #1 Exhibit Declaration)(Hartman, Ruth)
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IMPORTANT: Notice [non-document] of case management conference on 7/8/2020 at 10:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin. *Note as to change in time. Conference information to be provided by email. (S,KM)
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Filing 17
Answer to Counterclaims and Affirmative Defenses filed by Aleris Rolled Products, Inc. Related document(s) #10 . (Hartman, Ruth)
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Filing 16
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 5/14/2020 setting a case management conference on 7/8/2020 at 09:00 AM to be held telephonically before Judge James S. Gwin. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Appendix 1. Parties' Planning Meeting Report, #2 Appendix 2. Local Rule 30.1)(S,KM)
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Order [non-document] entered by Judge James S. Gwin on 5/14/2020 granting Motion for appearance pro hac vice by attorney R. Lee Mann, III for ANDRITZ Deutschland Beteiligungs GmbH,ANDRITZ Deutschland Beteiligungs GmbH,ANDRITZ Sundwig GmbH,and ANDRITZ Sundwig GmbH. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #12 )(S,KM)
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Order [non-document] entered by Judge James S. Gwinon 5/14/2020 granting Motion for appearance pro hac vice by attorney Dustin T. Greene for ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Deutschland Beteiligungs GmbH,ANDRITZ Sundwig GmbH,and ANDRITZ Sundwig GmbH. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #13 )(S,KM)
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Order [non-document] entered by Judge James S. Gwin on 5/14/2020 granting Motion for appearance pro hac vice by attorney Gautam Y. Reddy for ANDRITZ Deutschland Beteiligungs GmbH,ANDRITZ Deutschland Beteiligungs GmbH,ANDRITZ Sundwig GmbH, and ANDRITZ Sundwig GmbH. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #14 )(S,KM)
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Order [non-document] entered by Judge James S. Gwin on 5/14/2020granting Motion for appearance pro hac vice by attorney William E. Dorris for ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Deutschland Beteiligungs GmbH,ANDRITZ Sundwig GmbH,and ANDRITZ Sundwig GmbH. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #11 )(S,KM)
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Filing 15
Corporate Disclosure Statement identifying Corporate Parent Andritz AG for ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Deutschland Beteiligungs GmbH ; Corporate Parent Andritz GmbH for ANDRITZ Sundwig GmbH, ANDRITZ Sundwig GmbH filed by ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH. (Djordjevic, Gregory)
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Filing 14
Motion for attorney Gautam Y. Reddy to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9975443, filed by ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH, ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH. (Attachments: #1 Affidavit Declaration of Gautam Y. Reddy)(Djordjevic, Gregory)
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Filing 13
Motion for attorney Dustin T. Greene to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9975425, filed by ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH, ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH. (Attachments: #1 Affidavit Declaration of Dustin Greene)(Djordjevic, Gregory)
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Filing 12
Motion for attorney R. Lee Mann III to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9975407, filed by ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH, ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH. (Attachments: #1 Affidavit Declaration of R. Lee Mann, III)(Djordjevic, Gregory)
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Filing 11
Motion for attorney William E. Dorris to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9975384, filed by ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH, ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH. (Attachments: #1 Affidavit Declaration of William E. Dorris)(Djordjevic, Gregory)
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Filing 10
Answer, Affirmative Defenses to #1 Complaint , Counterclaim against Aleris Rolled Products, Inc. filed by ANDRITZ Sundwig GmbH, ANDRITZ Deutschland Beteiligungs GmbH. (Attachments: #1 Exhibit A - CALP 1 Line Contract, #2 Exhibit B - CALP 2 Line Contract)(Djordjevic, Gregory)
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Filing 9
Attorney Appearance by Michael N. Ungar and Gregory C. Djordjevic filed by on behalf of ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH. (Ungar, Michael)
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Filing 8
Proposed Stipulation and acknowledgment of service filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Filing 7
Waiver of Service Returned Executed by Aleris Rolled Products, Inc.. ANDRITZ Sundwig GmbH waiver sent on 2/13/2020, answer due 5/13/2020 filed on behalf of Aleris Rolled Products, Inc. (Hartman, Ruth)
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Filing 6
Original Summons and Magistrate Consent Form issued to counsel for service upon ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH. (Attachments: #1 Magistrate Consent Form) (L,MI)
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Filing 5
Supplement to Complaint - Summons, filed by Aleris Rolled Products, Inc.. Related document(s) #1 . (Hartman, Ruth)
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Filing 4
Supplement to Complaint - Summons, filed by Aleris Rolled Products, Inc.. Related document(s) #1 . (Hartman, Ruth)
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Filing 3
Supplement to Complaint - Civil Cover Sheet, filed by Aleris Rolled Products, Inc.. Related document(s) #1 . (Hartman, Ruth)
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Filing 2
Corporate Disclosure Statement filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Filing 1
Complaint against ANDRITZ Deutschland Beteiligungs GmbH, ANDRITZ Sundwig GmbH. Filing fee paid $ 400, Receipt number AOHNDC-9774072.. Filed by Aleris Rolled Products, Inc.. (Hartman, Ruth)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (L,MI)
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Judge James S. Gwin assigned to case. (L,MI)
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