Emerson Climate Technologies, Inc. v. M.P.D., Inc.
Plaintiff: Emerson Climate Technologies, Inc.
Defendant: M.P.D., Inc.
Case Number: 3:2015cv00365
Filed: October 7, 2015
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: SHELBY
Presiding Judge: Walter H. Rice
Nature of Suit: Other Contract
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
January 31, 2018 Opinion or Order Filing 66 ORDER OF DISMISSAL; TERMINATION ENTRY- The Court having been advised by counsel for the parties that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the parties, provided that any of the par ties may, upon good cause shown within 60 days, reopen the action if settlement is not consummated.Parties intending to preserve this Court's jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian Life Ins. Co. of America , 114 S.Ct. 1673 (1994), and incorporate appropriate language in any substituted judgment entry. The Court will retain jurisdiction to enforce the terms of the settlement between the parties, if necessary.. Signed by Judge Walter H. Rice on 1/29/18. (kma)
October 6, 2017 Opinion or Order Filing 62 ORDER - The discovery phase of this case has ended. No discovery motion or other matter referred to the undersigned Judicial Officer remains pending. The Clerk of Courts is directed to note in the record that: (1) referral of this case to the undersigned Judicial Officer has expired; and (2) no motion or other matter in this case remains pending before the undersigned Judicial Officer.IT IS SO ORDERED.. Signed by Magistrate Judge Michael J. Newman on 10/6/17. (kma)
June 29, 2016 Opinion or Order Filing 38 DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION TO ALTER JUDGMENT OR AMEND ORDER OF POSSESSION (DOC. # 17 ); OVERRULING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S CLAIM FOR REPLEVIN (DOC. # 25 ); OVERRULING DEFENDANT'S MOTION TO S TRIKE PLAINTIFF'S NOTICE OF SUPPLEMENTAL AUTHORITY (DOC. # 26 ); LIFTING STAY AND DIRECTING DEFENDANT TO DELIVER POSSESSION OF EQUIPMENT TO PLAINTIFF WITHIN FOURTEEN DAYS OF THE DATE OF THIS DECISION AND ENTRY. Signed by Judge Walter H. Rice on 6/29/16. (pb)
April 1, 2016 Opinion or Order Filing 33 This matter having come before the Court on Plaintiff Emerson Climate Technologies, Inc.'s Motion for an Order to File a Document Under Seal, and the Court being sufficiently advised; IT IS HEREBY ORDERED that Plaintiffs motion is GRANTED and the document may be filed under seal of this Court. Signed by Judge Walter H. Rice on 4/1/2016. (ead)
March 9, 2016 Opinion or Order Filing 28 DECISION AND ENTRY SUSTAINING DEFENDANT M.P.O., INC.'S UNOPPOSED MOTION TO STAY (DOC. # 21 ); STAYING JANUARY 5, 2016, ORDER OF IMMEDIATE POSSESSION (DOC. # 10 ) PENDING RULINGS ON OTHER PENDING MOTIONS. Signed by Judge Walter H. Rice on 3/9/16. (pb)
January 5, 2016 Opinion or Order Filing 10 DECISION AND ENTRY SUSTAINING PLAINTIFF'S MOTION FOR AN ORDER OF IMMEDIATE POSSESSION (REPLEVIN) (DOC. # 6 ); ORDER OF IMMEDIATE POSSESSION PURSUANT TO OHIO REVISED CODE § 2737.04 - Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED T HAT: 1. Plaintiff Emerson Climate Technologies, Inc., is entitled to, and is herebygranted immediate possession of the following Equipment, currently in possession of Defendant, M.P.O., Inc.: a husky hot runner mold base (Purchase Order No. 274683) ; an overmold degating fixture (Purchase Order No. 371128); a pressure transducer (Purchase Order No. 274685); an end of arm robotics (Purchase Order No. 274686); certain overmold insert dies (Purchase Order Nos. 370708 - 370711 ); certain prototype tooling (Purchase Order Nos. 0365818PEN and 0356826PEN); a cav & core (Purchase Order No. 0368257PEN); a core (Purchase Order No. 0368257PEN); degating dies Purchase Order No. 0376264PEN); a punch die set (Purchase Order No. 037678 6PEN); 2 trim die sets (Purchase Order No. 0380692PEN); c-shaped bushing 4 cavity mold; counterweight cup 8 cavity mold; and counterweight cup 4 cavity mold. 2. Based on Ohlsen's Affidavit, the value of this Equipment is $280,14 1.78.Pursuant to Ohio Revised Code § 2737.10, this Order w ill not become effective until Plaintiff files with this Court a Bond, in favor of Defendant, M.P.O., Inc., executed by its surety in the amount of $560,283.56. 3. Pursuan t to Ohio Revised Code § 2737.08(B), upon Plaintiff posting the Bond, Defendant shall deliver possession of the Equipment to Emerson Climate Technologies, Inc., at 1675 W. Campbell Road, Sidney, Ohio 45365, within 14 days of the date of this Ord er. In the alternative, within that same time period, Defendant may file a bond in favor of Plaintiff, Emerson Climate Technologies, Inc., executed by its surety in the amount of $560,283.56, pursuant to Ohio Revised Code § 2737.11. 4. The hearing previously scheduled at 1:30 p.m. on January 8, 2016, is cancelled as moot. Signed by Judge Walter H. Rice on 1/5/2015. (srb)
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Plaintiff: Emerson Climate Technologies, Inc.
Represented By: James M Dickerson, Jr.
Represented By: Nicholas J. Pieczonka
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Defendant: M.P.D., Inc.
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