Lubrizol Corporation v. International Business Machines Corporation
Plaintiff: Lubrizol Corporation
Defendant: International Business Machines Corporation
Case Number: 1:2021cv00870
Filed: April 27, 2021
Court: US District Court for the Northern District of Ohio
Presiding Judge: Christopher A Boyko
Referring Judge: Dan Aaron Polster
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2021 Opinion or Order Filing 19 Reply in support of #12 Motion to dismiss (Partial) filed by International Business Machines Corporation. (Lewis, John)
August 12, 2021 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Lauren Lindsey for International Business Machines Corporation. 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 ). Judge Christopher A. Boyko on 8/12/21.(S,HR)
August 11, 2021 Opinion or Order Filing 18 Motion for attorney Lauren Lindsay to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10978500, filed by Defendant International Business Machines Corporation. (Attachments: #1 Exhibit 1 - Declaration of L. Lindsay)(Feczko, Jonathan)
August 2, 2021 Opinion or Order Filing 17 Opposition to #12 Motion to dismiss (Partial) filed by Lubrizol Corporation. (Harris, Julie)
July 30, 2021 Opinion or Order Order [non-document] DENYING Plaintiff's Motion to Exceed Page Limit (Doc. #15 ). Twenty pages of substance is sufficient for a response to Defendant's Motion for Partial Dismissal (see Doc. #12 ). Judge Christopher A. Boyko on 7/30/21.(S,HR)
July 27, 2021 Opinion or Order Filing 16 Response to #15 Motion for leave to exceed page limitations for Opposition to Defendant's Partial Motion to Dismiss filed by International Business Machines Corporation. (Feczko, Jonathan)
July 27, 2021 Opinion or Order Filing 15 Motion for leave to exceed page limitations for Opposition to #12 Defendant's Partial Motion to Dismiss filed by Plaintiff Lubrizol Corporation. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Harris, Julie)
July 22, 2021 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Richard I. Werder, Jr for International Business Machines Corporation. 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 ). Judge Christopher A. Boyko on 7/22/21.(S,HR)
July 22, 2021 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Stephen Broome for International Business Machines Corporation. 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 ). Judge Christopher A. Boyko on 7/22/21.(S,HR)
July 21, 2021 Opinion or Order Filing 14 Motion for attorney Richard Werder to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10943828, filed by Defendant International Business Machines Corporation. (Attachments: #1 Exhibit 1 - Declaration of R. Werder)(Feczko, Jonathan)
July 21, 2021 Opinion or Order Filing 13 Motion for attorney Stephen Broome to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10943771, filed by Defendant International Business Machines Corporation. (Attachments: #1 Exhibit 1 - Declaration of S. Broome)(Feczko, Jonathan)
July 6, 2021 Opinion or Order Order [non-document] granting Defendant's Unopposed Motion for extension of time #10 . Defendant's Answer to Complaint due within 14 days after the Court rules on Defendant's Partial Motion to Dismiss. Judge Christopher A. Boyko on 7/6/2021.(L,Ja)
July 2, 2021 Opinion or Order Filing 12 Motion to dismiss (Partial) filed by Defendant International Business Machines Corporation. Related document(s) #1 . (Attachments: #1 Memorandum In Support of DE IBMs Partial Motion to Dismiss, #2 Exhibit 1 - Standard Consulting Agreement, #3 Exhibit 2 - 2017 Strategic Alignment SOW, #4 Exhibit 3 - 2017 Design SOW, #5 Exhibit 4 - 2018 Planning SOW, #6 Exhibit 5 - 2018 Implementation SOW, #7 Exhibit 6 - RFP Response)(Lewis, John)
July 2, 2021 Opinion or Order Filing 11 Request for Judicial Notice and/or Incorporation by Reference filed by International Business Machines Corporation. (Attachments: #1 Exhibit 1 - Standard Consulting Agreement, #2 Exhibit 2 - 2017 Strategic Alignment SOW, #3 Exhibit 3 - 2017 Design SOW, #4 Exhibit 4 - 2018 Planning SOW, #5 Exhibit 5 - 2018 Implementation SOW, #6 Exhibit 6 - RFP Response)(Lewis, John)
July 2, 2021 Opinion or Order Filing 10 Unopposed Motion for extension of time until 14 Days after Court's Order on IBM's Partial Motion to Dismiss to answer Count One (Breach of Contract) of Plaintiff's Complaint filed by Defendant International Business Machines Corporation. Related document(s) #1 . (Lewis, John)
July 2, 2021 Opinion or Order Filing 9 Corporate Disclosure Statement filed by International Business Machines Corporation. (Lewis, John)
May 26, 2021 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Jason S. Takenouchi for Lubrizol Corporation. 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 #5 ) Judge Christopher A. Boyko on 5/26/21.(S,HR)
May 26, 2021 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Mark P. Ressler for Lubrizol Corporation. 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 #4 ) Judge Christopher A. Boyko on 5/26/21.(S,HR)
May 10, 2021 Opinion or Order Filing 8 Waiver of Service Returned Executed by Lubrizol Corporation. International Business Machines Corporation waiver sent on 5/5/2021, answer due 7/5/2021 filed on behalf of Lubrizol Corporation (Harris, Julie)
April 28, 2021 Opinion or Order Filing 7 Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Signed by Judge Dan Aaron Polster on 4/28/2021. (W,CM)
April 28, 2021 Opinion or Order Judge Christopher A. Boyko assigned to case. Judge Dan Aaron Polster terminated. (S,SR)
April 27, 2021 Opinion or Order Filing 6 Corporate Disclosure Statement identifying Corporate Parent Berkshire Hathaway Inc. for Lubrizol Corporation filed by Lubrizol Corporation. (Harris, Julie)
April 27, 2021 Opinion or Order Filing 5 Motion for attorney Jason S. Takenouchi to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10801083, filed by Plaintiff Lubrizol Corporation. (Attachments: #1 Affidavit Jason S. Takenouchi)(Harris, Julie)
April 27, 2021 Opinion or Order Filing 4 Motion for attorney Mark P. Ressler to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10801067, filed by Plaintiff Lubrizol Corporation. (Attachments: #1 Affidavit of Mark P. Ressler)(Harris, Julie)
April 27, 2021 Opinion or Order Filing 3 Supplement to Complaint, - Civil Cover Sheet, filed by Lubrizol Corporation. Related document(s) #1 . (Harris, Julie)
April 27, 2021 Opinion or Order Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon International Business Machines Corporation. (Attachments: #1 Magistrate Consent Form) (L,MI)
April 27, 2021 Opinion or Order Filing 1 Complaint with jury demand against International Business Machines Corporation. Filing fee paid $ 402, Receipt number AOHNDC-10800835. Filed by Lubrizol Corporation. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Harris, Julie)
April 27, 2021 Opinion or Order Judge Dan Aaron Polster assigned to case. (L,MI)
April 27, 2021 Opinion or Order Notice by Clerk that Lubrizol Corporation failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,SR)
April 27, 2021 Opinion or Order 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. (L,MI)

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Defendant: International Business Machines Corporation
Represented By: John Q. Lewis
Represented By: Jonathan F. Feczko
Represented By: Lauren B. Lindsay
Represented By: Richard I. Werder, Jr.
Represented By: Stephen A. Broome
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Plaintiff: Lubrizol Corporation
Represented By: Nada G. Faddoul
Represented By: Julie A. Harris
Represented By: Jason S. Takenouchi
Represented By: Mark P. Ressler
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