BorgWarner PDS Irapuato S. de R.L. de C.V. v. Parker Hannifin Corporation
| BorgWarner PDS Irapuato S. de R.L. de C.V. |
| Parker Hannifin Corporation |
| 1:2022cv00432 |
| March 17, 2022 |
| US District Court for the Northern District of Ohio |
| Solomon Oliver |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on May 4, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Answer to #13 Counterclaim filed by BorgWarner PDS Irapuato S. de R.L. de C.V. (Port, Robert) Modified text on 5/6/2022 (M,CE). |
| Filing 17 Unopposed Motion to withdraw document Motion for Preliminary Injunction filed by Plaintiff BorgWarner PDS Irapuato S. de R.L. de C.V. (Port, Robert) Related document(s) #4 . |
Order [non-document] granting Plaintiff's Unopposed Motion to Withdraw its Motion for Preliminary Injunction (Related Doc #17 ). The document shall be withdrawn and the Preliminary Injunction Hearing set for 4/29/2022 canceled. Judge Solomon Oliver, Jr. on 4/22/2022.(R,Sh)
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| Filing 16 Transcript of Telephonic Motion Hearing held on 3/23/2022 before Judge Solomon Oliver, Jr.. To obtain a bound copy of this transcript please contact court reporter Greg Mizanin at Gregory_Mizanin@ohnd.uscourts.gov. [41 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 4/14/2022. Redaction Request due 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. Related document(s) #14 . (M,Gr) |
| Filing 15 Non-Appeal Transcript Order Form for proceedings held on March 23, 2022 before Judge Solomon Oliver, Jr., Court Reporter: Contract Reporter or Other. Requested completion date: April 7, 2022 filed by Parker Hannifin Corporation. (Butler, James) |
| Filing 14 Non-Appeal Transcript Order Form for proceedings held on 03/23/2022 before Judge Solomon Oliver, Jr., re Motion Hearing,. Court Reporter: Greg Mizanin. Requested completion date: 04/07/2022 filed by BorgWarner PDS Irapuato S. de R.L. de C.V.. (Ratliff, Adam) Modified on 4/7/2022 to reflect court reporter for the proceedings. (N,SE). |
| Filing 13 Answer to #1 Complaint, with Jury Demand, Counterclaim against BorgWarner PDS Irapuato S. de R.L. de C.V. filed by Parker Hannifin Corporation. (Attachments: #1 Exhibit A - Quote, #2 Exhibit B - Terms and Conditions, #3 Exhibit C - Letter of Intent, #4 Exhibit D - June 2021 Price Update, #5 Exhibit E - September 2021 Price Update, #6 Exhibit F - BW's Account)(Ware, Robert) |
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Filing 12
Order. For the foregoing reasons, the court denies BW's Motion for a TRO (ECF No. 4). The court finds that the contract between the parties is governed by Parker's terms and conditions, which allow them to terminate the agreement on 30 days notice rather than BW's terms and conditions, which would have been in the nature of a requirements contract with no such provision. A Preliminary Injunction Hearing will be held on 4/29/2022 at 09:30 AM in Courtroom 19A before Judge Solomon Oliver Jr. Related document #4 . Signed by Judge Solomon Oliver, Jr. on 4/4/2022. (R,Sh)
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| Filing 11 Corporate Disclosure Statement filed by Parker Hannifin Corporation. (Butler, James) |
| Minutes of proceedings [non-document] before Judge Solomon Oliver, Jr.A Motion Hearing was held on 3/23/2022 regarding Plaintiff's #4 Motion for ex parte temporary restraining order, and Motion for preliminary injunction. Order shall issue. (Court Reporter: Greg Mizanin.)Time: 1 hour 15 minutes.Related document(s) #4 . (R,Sh) |
| Filing 10 Opposition to #4 Motion for ex parte temporary restraining order, and Motion for preliminary injunction filed by Parker Hannifin Corporation. (Attachments: #1 Declaration of Jeff Whitney, #2 Exhibit A - Price Quotation, #3 Exhibit B - Terms and Conditions, #4 Exhibit C - Letter of Intent, #5 Exhibit D - February 23, 2021 email, #6 Exhibit E - Parker email, #7 Exhibit F - Email attaching release, #8 Exhibit G - March 19, 2021 email, #9 Exhibit H - April 23, 2021 email, #10 Exhibit I - June 23, 2021 letter, #11 Exhibit J - Price Quote, #12 Exhibit K - Price Quote, #13 Exhibit L - October 4, 2021 response, #14 Exhibit M - November 8, 2021 email, #15 Exhibit N - January 10, 2022 email, #16 Exhibit O - January 18, 2022 email, #17 Exhibit P - Parker response email)(Ware, Robert) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Michael G. Brady, and Adam T. Ratliff for BorgWarner PDS Irapuato S. de R.L. de C.V. 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 , #6 ). Approved by Judge Solomon Oliver, Jr. on 3/22/2022.(R,Sh)
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| Filing 9 Attorney Appearance by James L Butler, Jr filed by on behalf of Parker Hannifin Corporation. (Butler, James) |
| Filing 8 Attorney Appearance by Robert F. Ware filed by on behalf of Parker Hannifin Corporation. (Ware, Robert) |
| Filing 7 Attorney Appearance by Brenna L. Fasko filed by on behalf of Parker Hannifin Corporation. (Fasko, Brenna) |
| IMPORTANT: Notice [non-document] of telephonic hearing regarding #4 Plaintiff's Motion for temporary restraining order and Motion for preliminary injunction set for 3/23/2022 at 01:00 PM before Judge Solomon Oliver, Jr. Plaintiff's counsel shall have responsibility for timely notifying Defense counsel of the hearing. Dial in information will be sent separately. (M,CE) |
| Filing 6 Motion for attorney Adam T. Ratliff to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11327207, filed by Plaintiff BorgWarner PDS Irapuato S. de R.L. de C.V.. (Attachments: #1 Affidavit, #2 Proposed Order)(Port, Robert) |
| Filing 5 Motion for attorney Michael G. Brady to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11327189, filed by Plaintiff BorgWarner PDS Irapuato S. de R.L. de C.V.. (Attachments: #1 Affidavit, #2 Proposed Order)(Port, Robert) |
| Filing 4 WITHDRAWN Motion for Preliminary Injunction per non-document Order of 4/22/2022. Motion for ex parte temporary restraining order and , Motion for preliminary injunction filed by Plaintiff BorgWarner PDS Irapuato S. de R.L. de C.V. (Attachments: #1 Brief in Support, #2 Exhibit 1 - Verified Complaint, #3 Exhibit 2 - The Complex Commercial Litigation Review, #4 Exhibit 3 - Commercial Contracts in Mexico, #5 Exhibit 4 - Proposed Order)(Port, Robert) Modified on 4/22/2022 (R,Sh). |
| Filing 3 Magistrate Consent Form issued. Summons not provided, and were not issued. (L,MI) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent BorgWarner Inc. for BorgWarner PDS Irapuato S. de R.L. de C.V. filed by BorgWarner PDS Irapuato S. de R.L. de C.V.. (Port, Robert) |
| Filing 1 Verified Complaint against Parker Hannifin Corporation. Filing fee paid $ 402, Receipt number BOHNDC-11326608. Filed by BorgWarner PDS Irapuato S. de R.L. de C.V. (Attachments: #1 Exhibit A - Requirements Contracts, #2 Exhibit B - BorgWarner TCs, #3 Exhibit C - 11.26.21 Email, #4 Exhibit D - 11.26.21 Email, #5 Exhibit E - 1.10.22 PH Letter, #6 Exhibit F - 2.1.22 BW Letter, #7 Exhibit G - 2.8.22 PH Letter, #8 Exhibit H - 2.17.22 BW Letter, #9 Exhibit I - 2.25.22 PH Letter, #10 Civil Cover Sheet). (Port, Robert) |
| 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) |
| Judge Solomon Oliver, Jr assigned to case. (L,MI) |
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| Plaintiff: BorgWarner PDS Irapuato S. de R.L. de C.V. | |
| Represented By: | Ann E. Knuth |
| Represented By: | Robert B. Port |
| Represented By: | Adam T. Ratliff |
| Represented By: | Michael G. Brady |
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| Defendant: Parker Hannifin Corporation | |
| Represented By: | Brenna L. Fasko |
| Represented By: | James L Butler, Jr. |
| Represented By: | Robert F. Ware |
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