Trane U.S. Inc. et al v. Gardiner Service Company LLC et al
| Trane U.S. Inc. and Trane International, Inc. |
| Gardiner Service Company LLC and Waibel Energy Systems, Inc. |
| 1:2022cv01875 |
| October 18, 2022 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 19 Motion to dismiss for lack of jurisdiction filed by Defendant Gardiner Service Company LLC. (Attachments: #1 Brief in Support, #2 Exhibit A to Memorandum in Support of Motion to Dismiss -- Declaration of Todd Barnhart and Exhibits). (Chiricosta, Matthew) Modified on 11/22/2022 - notified filer of error with exhibits. (L,MI). |
| Filing 18 Notice of Service of Corrected Notice of Service of First Amended Complaint filed by All Plaintiffs. Related document(s) #13 .(Garvin, Michael) |
Order [non-document]granting Motion for appearance pro hac vice by attorney Cyrus A. Morton for Trane International, Inc.,Cyrus A. Morton for Trane U.S. 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 #8 , #17 ) Judge Pamela A. Barker on 11/14/2022.(P,K)
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| Filing 17 Supplement to Motion for Pro Hac Vice Admission, filed by Trane International, Inc., Trane U.S. Inc. Related document(s) #8 . (Attachments: #1 Declaration of Cyrus A. Morton in Support of Motion for Pro Hac Vice Admission). (Garvin, Michael) |
| Filing 16 Supplement to Pro Hac Vice Regarding John Harting, filed by Trane International, Inc., Trane U.S. Inc.. Related document(s) #9 . (Attachments: #1 John Harting's Declaration in Support of Motion for Pro Hac Vice). (Garvin, Michael) |
| Filing 15 Supplement to Pro Hac Vice Regarding Michael Longley, filed by Trane International, Inc., Trane U.S. Inc.. Related document(s) #11 . (Attachments: #1 Michael Longley's Declaration in Support of Motion for Pro Hac Vice). (Garvin, Michael) |
| Filing 14 Supplement to Pro Hac Vice Regarding Rajin Olson, filed by Trane International, Inc., Trane U.S. Inc. Related document(s) #10 . (Attachments: #1 Rajin Olson's Declaration in Support of Motion for PHV). (Garvin, Michael) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Rajin S. Olson for Trane International, Inc.,Rajin S. Olson for Trane U.S. 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 #10 ). Judge Pamela A. Barker on 11/7/2022.(P,K)
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Order [non-document] granting Motion for appearance pro hac vice by attorney John K. Harting for Trane International, Inc.,John K. Harting for Trane U.S. 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 #9 ). Judge Pamela A. Barker on 11/7/2022.(P,K)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Michael D. Longley for Trane International, Inc.,Michael D. Longley for Trane U.S. 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 #11 ). Judge Pamela A. Barker on 11/7/2022.(P,K)
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| Filing 13 Notice of Service of First Amended Complaint filed by All Plaintiffs. Related document(s) #12 .(Garvin, Michael) |
| Filing 12 First Amended complaint against All Defendants. Filed by Trane U.S. Inc., Trane International, Inc.. (Garvin, Michael) |
| Filing 11 Motion for attorney Michael Longley to Appear Pro Hac Vice. Filing fee $120, receipt number AOHNDC-11692964, filed by Trane International, Inc., Trane U.S. Inc.. (Attachments: #1 Exhibit Declaration of Michael Longley) (Garvin, Michael) |
| Filing 10 Motion for attorney Rajin S. Olson to Appear Pro Hac Vice. Filing fee $120, receipt number AOHNDC-11692942, filed by Trane International, Inc., Trane U.S. Inc.. (Attachments: #1 Exhibit Declaration of Rajin S. Olson) (Garvin, Michael) |
| Filing 9 Motion for attorney John K. Harting to Appear Pro Hac Vice. Filing fee $120, receipt number AOHNDC-11692910, filed by Trane International, Inc., Trane U.S. Inc.. (Attachments: #1 Exhibit Declaration of J. Harting) (Garvin, Michael) |
| Filing 8 Motion for attorney Cyrus A. Morton to Appear Pro Hac Vice. Filing fee $120, receipt number AOHNDC-11692879, filed by Trane International, Inc., Trane U.S. Inc.. (Attachments: #1 Exhibit Declaration of Cyrus A. Morton) (Garvin, Michael) |
| Filing 7 Response to Court's October 18, 2022 Order to Establish Diversity Jurisdiction filed by All Plaintiffs. (Garvin, Michael) |
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Order [non-document] The Court is in receipt of Plaintiffs' Response to the Court's October 18, 2022 Order to Establish Diversity Jurisdiction (Doc. No. #7 ). The Court hereby orders Plaintiffs to amend their Complaint to properly allege the citizenship of Defendant Gardiner Service Company LLC's members by no later than November 8, 2022. Further, while Plaintiffs claim that "Defendant Gardiner's state of registration and principal place of business support a finding a diversity jurisdiction," and cite the Ohio Revised Code in support of such claim, Plaintiffs are mistaken. As stated in the Court's October 18, 2022 Order, the citizenship of a limited liability company is not determined by its principal place of business, but rather the citizenship of its members and sub-members. See Delay v. Rosenthal Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009); Akno 1010 Market Street St. Louis Missouri, LLC v. Pourtaghi, 43 F.4th 624, 626 (6th Cir. 2022). Judge Pamela A. Barker on 11/1/2022. (P,K)
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| Filing 6 Return of Service by Clerk by personal service executed upon Gardiner Service Company LLC on 10/20/2022, filed on behalf of All Plaintiffs Related document(s) #5 , #4 , #1 . (Garvin, Michael) |
| Filing 5 Original Summons issued to counsel for service upon Gardiner Service Company LLC. (L,MI) |
| Filing 4 Praecipe for issuance of Original Summons Gardiner Service Company LLC, filed by All Plaintiffs. Related document(s) #1 . (Attachments: #1 Summons - Gardiner Service Company LLC). (Garvin, Michael) |
| Filing 3 Magistrate Consent Form issued. Summons were not provided and were not issued. (H,Ch) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent TUI Holdings for Trane U.S. Inc.; Corporate Parent Trane Inc., Corporate Parent Trane International Inc. for Trane International, Inc. filed by All Plaintiffs. (Garvin, Michael) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11667508. Filed by Trane U.S. Inc., Trane International, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Cleveland (Gardiner) Indep. Agreement, #3 Exhibit 2 - Dayton Sales Representation, #4 Exhibit 3 - Dayton Service, #5 Exhibit 4 - HEP-Gardiner-Hunseker EULA (Rev. N-Old EULA), #6 Exhibit 5 - Waibel EULA English-Archive Rev P Released 09-2017, #7 Exhibit 6 - English US Licensed Materials and Hosted Services Terms-Archive Rev Released 03-02-20, #8 Exhibit - English US Licensed Materials and Hosted Services-Current Rev S Released 04-28-2020, #9 Exhibit 8 - Cleveland (Gardiner) Notice to Trane, #10 Exhibit 9 - Trane Termination Letter to Gardiner, #11 Exhibit 10 - Waibel Energy Systems Signed Termination Letter 02.03.2021, #12 Exhibit 11 - Trane Termination Letter to Waibel) (Garvin, Michael) |
| Judge Pamela A. Barker assigned to case. (H,Ch) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (H,Ch) |
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Order [non-document] To establish diversity jurisdiction over this matter, Plaintiffs have identified the principal place of business of Defendant Gardiner Service Company LLC. (See Doc. No. #1 at 2.) However, the citizenship of a limited liability company is not determined by its principal place of business. Delay v. Rosenthal Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). Instead, a limited liability company has the citizenship of each of its members. Id. Therefore, the Court orders Plaintiffs to identify the citizenship of all of Defendant Gardiner Service Company LLC's members at the time the Complaint was filed in this action by November 1, 2022. Judge Pamela A. Barker on 10/18/2022. (P,K)
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