Fosler v. Babcock & Wilcox New Energy Holdings, LLC et al.
Plaintiff: Paul Fosler and Paul J. Fosler
Defendant: Babcock & Wilcox New Energy Holdings, LLC and Babcock & Wilcox Company
Case Number: 5:2024cv00114
Filed: January 19, 2024
Court: US District Court for the Northern District of Ohio
Presiding Judge: Sara Lioi
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330 Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 5, 2024 Filing 15 Corporate Disclosure Statement identifying Corporate Parent Babcock & Wilcox Enterprises, Inc. (NYSE: BW) for Babcock & Wilcox Company filed by Babcock & Wilcox Company. (Russo, Rachael)
March 5, 2024 Filing 14 Corporate Disclosure Statement identifying Corporate Parent Babcock & Wilcox Enterprises, Inc. (NYSE: BW) for Babcock & Wilcox New Energy Holdings, LLC filed by Babcock & Wilcox New Energy Holdings, LLC. (Russo, Rachael)
March 5, 2024 Filing 13 Answer and affirmative defenses to #1 Complaint [REDACTED], with Jury Demand filed by Babcock & Wilcox Company, Babcock & Wilcox New Energy Holdings, LLC. (Attachments: #1 Exhibit A - [REDACTED] Confidential Document)(Russo, Rachael)
March 5, 2024 Filing 12 Motion for leave to file confidential documents under seal the Exhibit A to Defendants' Answer to Plaintiff's Complaint and limited portions of their Answer filed by Babcock & Wilcox Company, Babcock & Wilcox New Energy Holdings, LLC. (Attachments: #1 Proposed Order Granting Motion to File Confidential Documents Under Seal)(Russo, Rachael)
February 6, 2024 Opinion or Order Order [non-document]: For good cause shown, the defendants' unopposed motion for an extension of time to respond to the complaint (Doc. No. #10 ) is granted. The defendant will have up to and including March 5, 2024, to file its answer or otherwise respond to the complaint. Judge Sara Lioi on 2/6/2024. (V,A)
January 30, 2024 Filing 10 Unopposed Motion for leave to plead for an extension of time until March 5, 2024 to answer Plaintiff's Complaint filed by Babcock & Wilcox Company, Babcock & Wilcox New Energy Holdings, LLC. Related document(s) #1 . (Russo, Rachael)
January 24, 2024 Filing 9 Return of Service by overnight mail (FedEx) upon Babcock & Wilcox Company on 1/23/2024, filed on behalf of Paul J. Fosler (Covey, Trevor) (Modified to remove executed, also document contains no signature)(P,G).
January 24, 2024 Filing 8 Return of Service by overnight mail (FedEx) upon Babcock & Wilcox New Energy Holdings, LLC on 1/23/2024, filed on behalf of Paul J. Fosler (Covey, Trevor) (Modified to remove executed, also document contains no signature) (P,G).
January 22, 2024 Filing 7 Original Summons issued for service upon Babcock & Wilcox Company, Babcock & Wilcox New Energy Holdings, LLC. (Attachments: #1 Second Summons) (D, I)
January 22, 2024 Filing 6 Praecipe for issuance of Original Summons filed by Paul J. Fosler. (Attachments: #1 Summons - Babcock & Wilcox New Energy Holdings, LLC, #2 Summons - Babcok & Wilcox Company). (Covey, Trevor)
January 19, 2024 Filing 11 Initial Standing Order. Judge Sara Lioi on 1/19/2024. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (L,MI)
January 19, 2024 Filing 5 Magistrate Consent Form issued. No summons received, no summons issued. (E,CK)
January 19, 2024 Filing 4 Civil Cover Sheet filed by Paul J. Fosler. Related document(s) #1 . (Covey, Trevor)
January 19, 2024 Filing 3 Proposed Order filed by Paul J. Fosler. Related document(s) #2 . (Covey, Trevor)
January 19, 2024 Filing 2 Motion for leave to file confidential documents under seal (portion of Complaint), Exhibit 1 and Exhibit 2 of Complaint filed by Plaintiff Paul J. Fosler. Related document(s) #1 . (Covey, Trevor) Modified text on 1/22/2024 (E,CK).
January 19, 2024 Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-12365453. Filed by Paul J. Fosler. (Attachments: #1 Exhibit 1 - Settlement and Share Transfer Agreement, #2 Exhibit 2 - Amendment to Settlement Agreement, #3 Exhibit 3 - Guaranty, #4 Exhibit 4 - Amendment to Guaranty, #5 Disclosure Statement) (Covey, Trevor)
January 19, 2024 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (E,CK)
January 19, 2024 Judge Sara Lioi assigned to case. (E,CK)

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Plaintiff: Paul Fosler
Represented By: Nathan Hruby Boninger
Represented By: Trevor G. Covey
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Plaintiff: Paul J. Fosler
Represented By: Nathan Hruby Boninger
Represented By: Trevor G. Covey
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Defendant: Babcock & Wilcox New Energy Holdings, LLC
Represented By: Michelle F. Noureddine
Represented By: Rachael L. Russo
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Defendant: Babcock & Wilcox Company
Represented By: Michelle F. Noureddine
Represented By: Rachael L. Russo
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