Precision Wire Forms, Inc. v. Lincoln Electric Automation, Inc.
| Precision Wire Forms, Inc. |
| Lincoln Electric Automation, Inc. |
| Facilitative Mediator |
| 1:2023cv02114 |
| October 27, 2023 |
| 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 December 6, 2023. A more recent docket listing may be available from PACER.
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| IMPORTANT: Notice [non-document] of Telephonic Status Conference set for 1/5/2024 at 11:30 AM before Judge Solomon Oliver Jr. Dial-in information will be issued separately. (R,Sh) |
| Filing 48 Notice of Substitution of Counsel removing attorneys Courtney E.S. Fisk and Stephen J. Hessen and adding attorneys David P. Strup, Lucas M. Blower and Sarah M. Sears filed by on behalf of Precision Wire Forms, Inc. (Strup, David) Modified text on 11/15/2023 (B,DL). |
| Filing 47 Magistrate Consent Form issued. (R,EM) |
| Filing 46 CASE TRANSFERRED IN from District of Michigan Western. Case number 1:23-cv-00415. Electronic file, transfer order and docket sheet received. |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (R,EM) |
| Judge Solomon Oliver, Jr assigned to case. (R,EM) |
Filing 45
ORDER granting #13 motion to transfer case; transferring case to Northern District of Ohio; directing defendant to file costs and fees by 11/2/2023; signed by Chief Judge Hala Y. Jarbou (aks) [Transferred from miwd on 10/27/2023.]
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| Filing 44 MINUTES of motion hearing re #13 MOTION to transfer venue; held before Chief Judge Hala Y. Jarbou (Court Reporter: Trisha Cameron) (aks) [Transferred from miwd on 10/27/2023.] |
| Filing 43 RESPONSE TO #40 (flash drive containing an email dated January 12, 2021) filed by plaintiff Precision Wire Forms, Inc., counter-defendant Precision Wire Forms, Inc. (Attachments: #1 Attachment) (jlg) [Transferred from miwd on 10/27/2023.] |
| Filing 42 PROOF OF SERVICE by plaintiff Precision Wire Forms, Inc., counter-defendant Precision Wire Forms, Inc. for USB Flash Drive - 01-12-21 Email (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
| Filing 41 DECLARATION re #17 PLAINTIFF'S BRIEF IN SUPPORT OF RESPONSE TO DEFENDANT'S MOTION TO TRANSFER VENUE; EX B - AMENDED DECLARATION by plaintiff Precision Wire Forms, Inc., counter-defendant Precision Wire Forms, Inc. (Attachments: #1 Exhibit 1) (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
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Filing 40
ORDER Granting #39 Motion Requesting Production of Native Email and Leave to Present Testimony; signed by Chief Judge Hala Y. Jarbou (bgs) [Transferred from miwd on 10/27/2023.]
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| Filing 39 MOTION to expedite [Motion Requesting Production of Native January 12, 2021 Email and Leave to Present Testimony at October 26, 2023 Hearing - Expedited Consideration Requested] by defendant Lincoln Electric Automation, Inc.; (Attachments: #1 Exhibit 1 - January 12, 2021 email, #2 Exhibit 2 - Lincoln Electric's Request for Production, #3 Exhibit 3 - October 24, 2023 email) (Thompson, Gregory) [Transferred from miwd on 10/27/2023.] |
| Filing 38 NOTICE of Intent to Serve Subpoenas by defendant Lincoln Electric Automation, Inc. (Attachments: #1 Exhibit A - Custodian of Records Subpoena, #2 Exhibit B - Herman Beuter Subpoena) (Thompson, Gregory) [Transferred from miwd on 10/27/2023.] |
| Filing 37 NOTICE OF MOTION HEARING regarding document number #13 : motion hearing is set for 10/26/2023 at 2:00 PM at 128 Federal Building, Lansing, MI before Chief Judge Hala Y. Jarbou; (bgs) [Transferred from miwd on 10/27/2023.] |
| Filing 36 PROOF OF SERVICE by plaintiff Precision Wire Forms, Inc., counter-defendant Precision Wire Forms, Inc. for Requests for Production (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
| Filing 35 PROOF OF SERVICE by defendant Lincoln Electric Automation, Inc. for Responses and Objections to Plaintiff's First Set of Interrogatories and Requests for Production (Thompson, Gregory) [Transferred from miwd on 10/27/2023.] |
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Filing 34
ORDER denying #32 request for pre-motion conference; signed by Chief Judge Hala Y. Jarbou (bgs) [Transferred from miwd on 10/27/2023.]
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| (NON-DOCUMENT) ATTORNEY APPEARANCE of Gregory Thompson on behalf of counter-claimant Lincoln Electric Automation, Inc., defendant Lincoln Electric Automation, Inc. (Thompson, Gregory) [Transferred from miwd on 10/27/2023.] |
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Filing 33
(DISREGARD) ORDER TO SHOW CAUSE: Plaintiffs to show cause by 10/2/2023; signed by Chief Judge Hala Y. Jarbou (bgs) Modified text on 9/25/2023 per Chambers (ns). [Transferred from miwd on 10/27/2023.]
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| Filing 32 REQUEST for pre-motion conference by defendant Lincoln Electric Automation, Inc. [JOINT MOTION FOR STATUS CONFERENCE] by defendant Lincoln Electric Automation, Inc.; (Fogarty, Robert) [Transferred from miwd on 10/27/2023.] |
| Filing 31 PROOF OF SERVICE by defendant Lincoln Electric Automation, Inc. for First Set of Requests for Production of Documents to Plaintiff Precision Wire Forms, Inc. (Fogarty, Robert) [Transferred from miwd on 10/27/2023.] |
| Filing 30 PROOF OF SERVICE by plaintiff Precision Wire Forms, Inc., counter-defendant Precision Wire Forms, Inc. for First Set of Interrogatories and Requests for Production (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
| Filing 29 EXPERT WITNESS LIST by plaintiff Precision Wire Forms, Inc., counter-defendant Precision Wire Forms, Inc. (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
| Filing 28 PROOF OF SERVICE by defendant Lincoln Electric Automation, Inc. for Rule 26(a) Initial Disclosures (Fogarty, Robert) [Transferred from miwd on 10/27/2023.] |
| Filing 27 PROOF OF SERVICE by plaintiff Precision Wire Forms, Inc., counter-defendant Precision Wire Forms, Inc. for Rule 26(a) disclosures (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
| VFM FEE RECEIVED in the amount of $25.00, check number 199172 as to defendant Lincoln Electric Automation, Inc. (jmw) [Transferred from miwd on 10/27/2023.] |
| VFM FEE RECEIVED in the amount of $25.00, check number 409022 as to plaintiff Precision Wire Forms, Inc. (jmw) [Transferred from miwd on 10/27/2023.] |
| Filing 26 NOTICE of appointment of Facilitative Mediator Lee T. Silver; plaintiff VFM fee to be submitted by 8/8/2023 defendant VFM fee to be submitted by 8/8/2023 (kmd) [Transferred from miwd on 10/27/2023.] |
| Filing 25 SELECTION of Lee T. Silver as facilitative mediator by plaintiff Precision Wire Forms, Inc., counter-defendant Precision Wire Forms, Inc. (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
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Filing 24
CASE MANAGEMENT ORDER: discovery to be completed by 1/16/2024; dispositive motions due by 2/16/2024; settlement conference set for 8/12/2024 at 9:00 AM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; final pretrial conference set for 9/17/2024 at 10:00 AM at 128 Federal Building, Lansing, MI before Chief Judge Hala Y. Jarbou; jury trial set for 10/15/2024 at 9:00 AM at 128 Federal Building, Lansing, MI before Chief Judge Hala Y. Jarbou; signed by Chief Judge Hala Y. Jarbou (bgs) [Transferred from miwd on 10/27/2023.]
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| Filing 23 JOINT STATUS REPORT (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
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Filing 22
(DISREGARD) ORDER regarding preparation of joint status report: status report due by 7/28/2023; signed by Chief Judge Hala Y. Jarbou (bgs) Modified text on 7/3/2023; disregarded under the directive of chambers (mg). [Transferred from miwd on 10/27/2023.]
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| Filing 21 ANSWER to Answer to Complaint,, Counterclaim, #14 with affirmative defenses by Precision Wire Forms, Inc. (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
| (NON-DOCUMENT) NOTICE that Order Regarding Preparation of Joint Status Report #22 was filed in error and should be disregarded (bgs) [Transferred from miwd on 10/27/2023.] |
| Filing 20 REPLY to response to motion #13 (filed per #19 ) filed by Lincoln Electric Automation, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (mg) [Transferred from miwd on 10/27/2023.] |
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Filing 19
ORDER granting #18 motion for leave to file; signed by Chief Judge Hala Y. Jarbou (bgs) [Transferred from miwd on 10/27/2023.]
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| Filing 18 MOTION for leave to file Reply in Support of Motion to Transfer Venue, Instanter by defendant Lincoln Electric Automation, Inc.; (Attachments: #1 Exhibit 1 - Defendant Lincoln Electric Automation, Inc.'s Reply in Support of Motion to Transfer Venue, #2 Exhibit A - 1-12-21 Email, #3 Exhibit B - Internet Archive Screenshots) (Fogarty, Robert) [Transferred from miwd on 10/27/2023.] |
| Filing 17 RESPONSE in opposition to MOTION to transfer case [venue] #13 Brief in Support of Response in Opposition to Motion to Transfer Case filed by Precision Wire Forms, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
| Filing 16 RESPONSE TO MOTION to transfer case [venue] #13 filed by Precision Wire Forms, Inc. (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
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Filing 15
ORDER regarding preparation of joint status report: status report due by 7/11/2023; signed by Chief Judge Hala Y. Jarbou (bgs) [Transferred from miwd on 10/27/2023.]
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| Filing 14 ANSWER to complaint, #1 with affirmative defenses and jury demand , COUNTERCLAIM against Precision Wire Forms, Inc. by Lincoln Electric Automation, Inc. (Attachments: #1 Exhibit 1 - Proposal, #2 Exhibit 2 - Terms and Conditions) (Fogarty, Robert) [Transferred from miwd on 10/27/2023.] |
| Filing 13 MOTION to transfer case [venue] by defendant Lincoln Electric Automation, Inc.; (Attachments: #1 Attachment Declaration of Robert Brewer, #2 Exhibit 1 - Offer, #3 Exhibit 2 - Terms and Conditions) (Fogarty, Robert) [Transferred from miwd on 10/27/2023.] |
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Filing 12
ORDER Granting #10 Stipulated motion for extension of time to Respond to Complaint by 6/12/2023; signed by Chief Judge Hala Y. Jarbou. (bgs) [Transferred from miwd on 10/27/2023.]
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| Filing 11 CORPORATE DISCLOSURE STATEMENT by Lincoln Electric Automation, Inc. identifying Corporate Parent Lincoln Electric Holdings, Inc. for Lincoln Electric Automation, Inc. (Brauer, Jeffrey) [Transferred from miwd on 10/27/2023.] |
| Filing 10 STIPULATED MOTION for extension of time to Answer, Move, or Otherwise Respond to Complaint with certificate of compliance and certificate of service by defendant Lincoln Electric Automation, Inc.; (Brauer, Jeffrey) Modified text on 5/23/2023 (mg). [Transferred from miwd on 10/27/2023.] |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Stephen J. Hessen on behalf of plaintiff Precision Wire Forms, Inc. (Hessen, Stephen) [Transferred from miwd on 10/27/2023.] |
| Filing 9 SECOND SUMMONS returned executed; Lincoln Electric Automation, Inc. (Columbus, OH) served on 4/27/2023, answer due 5/22/2023 (Attachments: #1 Attachment USPS Tracking - Summons and Complaint - Ohio) (Fisk, Courtney) Modified text on 5/9/2023 (pjw) [Transferred from miwd on 10/27/2023.] |
| Filing 8 SUMMONS returned executed; Lincoln Electric Automation, Inc. (Plymouth, MI) served on 5/1/2023, answer due 5/22/2023 (Attachments: #1 Attachment USPS Tracking - Summons and Complaint - Michigan) (Fisk, Courtney) Modified text on 5/9/2023 (pjw). [Transferred from miwd on 10/27/2023.] |
| Filing 7 SUMMONS ISSUED as to defendant Lincoln Electric Automation, Inc. (ns) [Transferred from miwd on 10/27/2023.] |
| Filing 6 CORRECTED PROPOSED SUMMONS to be issued re #1 (Fisk, Courtney) Modified text on 4/25/2023 (ns). [Transferred from miwd on 10/27/2023.] |
| Filing 5 PROPOSED SUMMONS to be issued re #1 (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Precision Wire Forms, Inc. (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
| Filing 3 PROPOSED SUMMONS to be issued re #1 (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
| Filing 2 NOTICE that this case has been assigned to Hala Y. Jarbou ; with NOTICE OF DEFICIENCY re corporate disclosure statement (ns) [Transferred from miwd on 10/27/2023.] |
| SUMMONS NOT ISSUED ; none provided. (ns) [Transferred from miwd on 10/27/2023.] |
| SUMMONS NOT ISSUED as to defendant Lincoln Electric Automation, Inc. ; name listed on proposed summons #3 does not match defendant's name. (ns) [Transferred from miwd on 10/27/2023.] |
| Filing 1 COMPLAINT against Lincoln Electric Automation, Inc. filed by Precision Wire Forms, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Fisk, Courtney) Modified text on 4/24/2023 (ns). [Transferred from miwd on 10/27/2023.] |
| FILING FEE PAID re #1 by plaintiff Precision Wire Forms, Inc. in the amount of $402, receipt number AMIWDC-7038256 (Fisk, Courtney) [Transferred from miwd on 10/27/2023.] |
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