BorgWarner Turbo Systems, LLC v. Modern Industries, Inc.
| BorgWarner Turbo Systems, LLC. |
| MODERN INDUSTRIES, INC. |
| 1:2024cv00221 |
| August 14, 2024 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Susan Paradise Baxter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 29, 2024. A more recent docket listing may be available from PACER.
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Filing 29
TEXT ORDER re #8 Motion for Preliminary Injunction filed by BorgWarner Turbo Systems, LLC. A telephonic status conference will be held on August 15, 2024 at 3:00 p.m. Telephone conference information will be provided by separate order. Signed by Judge Susan Paradise Baxter on 8/14/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (css)
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Filing 28
Case transferred in from District of North Carolina Western; Case Number 1:24-cv-00188. Original file certified copy of transfer order and docket sheet received.
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Filing 27
ORDER the Defendant Modern Industries, Inc.'s #18 Motion to Transfer Venue is GRANTED and this case is hereby TRANSFERRED to the United States District Court for the Western District of Pennsylvania for further proceedings, including the resolution of BorgWarner's #8 Motion for Preliminary Injunction. Signed by Chief Judge Martin Reidinger on 8/14/2024. (hms)
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Case Assigned to Judge Susan Paradise Baxter. (elt)
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Filing 26
NOTICE of Intent Not to Reply to Brief by Modern Industries, Inc. (Wells, Hayley)
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Filing 25
REPLY to Response to Motion re #8 MOTION for Preliminary Injunction by BorgWarner Turbo Systems, LLC. (Attachments: #1 Exhibit 1 (Maynard Declaration))(Hirsch, Alexandra)
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Filing 24
RESPONSE in Opposition to Request for Expedited Hearings re #22 Memorandum by Modern Industries, Inc. (Cox, Alexander) Modified docket text on 8/13/2024 (slm).
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Filing 23
MEMORANDUM in Opposition re #8 MOTION for Preliminary Injunction by Modern Industries, Inc.. Replies due by 8/14/2024 (Attachments: #1 Exhibit A - Marcoline Declaration, #2 Exhibit B - Modern Standard Conditions, #3 Exhibit C - Part 175817 Quotations, #4 Exhibit D - Part 156268 Quotations, #5 Exhibit E - Part 170082 Quotations, #6 Exhibit F - Part 173513 Quotations, #7 Exhibit G - Part 174272 Quotations, #8 Exhibit H - Part 175979 Quotations, #9 Exhibit I - Part 192518 Quotations, #10 Exhibit J - Part 175815 Quotations, #11 Exhibit J - Part 192518 Quotations, #12 Exhibit L - Emails, #13 Exhibit M - Emails)(Cox, Alexander)
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Filing 22
MEMORANDUM in Opposition re #18 MOTION TO TRANSFER VENUE and Request for Expedited Hearing on Motion to Transfer Venue and Motion for Preliminary Injunction on or before 8/12/24 by BorgWarner Turbo Systems, LLC. Replies due by 8/13/2024 (Attachments: #1 Exhibit 1 (Maynard Declaration), #2 Exhibit 2 (February 7, 2024 Email), #3 Exhibit 3 (Moderns Discovery Responses))(Hirsch, Alexandra)
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Notice to Katherine L. Pullen: Pursuant to Local Rule 83.1 you are required to Link Existing Account #Link. (Attorney served via NEF) Deadline by 8/12/2024. (cly)
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Filing 21
ORDER granting #17 Motion for Leave to Appear Pro Hac Vice added Alexander K. Cox for Modern Industries, Inc. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 7/31/2024. (brl)
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Notice to Alexander K. Cox: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 8/7/2024. (brl)
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Filing 20
Exhibit to #19 Memorandum in Support of Motion to Transfer Venue by Modern Industries, Inc. (Attachments: #1 Exhibit 2 to Brief - BW Answer, #2 Exhibit 3 to Brief - Initial Disclosures, #3 Exhibit 4 to Brief - BW Discovery Requests, #4 Exhibit 5 to Brief - Modern Discovery Requests)(Cogburn, Clinton) Modified attachment descriptions on 7/31/2024 (slm).
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Filing 19
MEMORANDUM in Support re #18 MOTION TO TRANSFER VENUE by Modern Industries, Inc.. (Cogburn, Clinton)
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Filing 18
MOTION TO TRANSFER VENUE by Modern Industries, Inc.. Responses due by 8/13/2024 (Cogburn, Clinton). Motions referred to W. Carleton Metcalf.
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Filing 17
MOTION for Leave to Appear Pro Hac Vice as to Alexander K. Cox Filing fee $ 300, receipt number ANCWDC-6609418. by Modern Industries, Inc.. (Cogburn, Clinton). Motions referred to W. Carleton Metcalf.
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Filing 16
Disclosure Statement of Citizenship of Party or Intervenor by Modern Industries, Inc.. (Cogburn, Clinton)
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Filing 15
Corporate Disclosure Statement by Modern Industries, Inc.. (Cogburn, Clinton)
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Filing 14
NOTICE of Appearance by Clinton H. Cogburn on behalf of Modern Industries, Inc. (Cogburn, Clinton)
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Filing 13
NOTICE of Appearance by Hayley R. Wells on behalf of Modern Industries, Inc. (Wells, Hayley)
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Filing 12
AFFIDAVIT of Service filed by BorgWarner Turbo Systems, LLC. Modern Industries, Inc. served on 7/26/2024, answer due 8/16/2024. (Hirsch, Alexandra)
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Filing 11
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice, added Ashley E. Racette for BorgWarner Turbo Systems, LLC. Signed by U.S. Magistrate Judge W. Carleton Metcalf on 7/29/2024. (ejb)
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Filing 10
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Added Katherine L. Pullen for BorgWarner Turbo Systems, LLC (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 7/29/2024. (cly) (Main Document 10 replaced on 8/5/2024). Modified on 8/5/2024 to replace pdf with correct case number. NEF regenerated. (cly).
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Filing 9
MEMORANDUM in Support re #8 MOTION for Preliminary Injunction by BorgWarner Turbo Systems, LLC. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Maynard Declaration))(Hirsch, Alexandra)
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Filing 8
MOTION for Preliminary Injunction by BorgWarner Turbo Systems, LLC. Responses due by 8/7/2024 (Hirsch, Alexandra)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice as to Katherine Pullen Filing fee $ 300, receipt number ANCWDC-6601829. by BorgWarner Turbo Systems, LLC. (Hirsch, Alexandra). Motions referred to W. Carleton Metcalf. (Main Document 7 replaced to flatten pdf on 7/24/2024) (hms).
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Filing 6
MOTION for Leave to Appear Pro Hac Vice as to Ashley Racette Filing fee $ 300, receipt number ANCWDC-6601823. by BorgWarner Turbo Systems, LLC. (Hirsch, Alexandra). Motions referred to W. Carleton Metcalf. (Main Document 6 replaced to flatten pdf on 7/24/2024) (hms).
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Filing 5
NOTICE of Appearance by Marc Christopher Tucker on behalf of BorgWarner Turbo Systems, LLC (Tucker, Marc)
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Filing 4
Summons Issued Electronically as to Modern Industries, Inc. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb)
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Filing 3
Disclosure Statement of Citizenship of Party or Intervenor by BorgWarner Turbo Systems, LLC. (Hirsch, Alexandra)
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Filing 2
Corporate Disclosure Statement by BorgWarner Turbo Systems, LLC. (Hirsch, Alexandra)
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Filing 1
COMPLAINT against Modern Industries, Inc. ( Filing fee $ 405 receipt number ANCWDC-6589719), filed by BorgWarner Turbo Systems, LLC. (Attachments: #1 Exhibit (Purchase Orders), #2 Exhibit (BorgWarner Purchase Order Terms and Conditions), #3 Exhibit (Spot Buy Purchase Orders), #4 Exhibit (11/22/23 Email from Modern Business Team to BorgWarner Business Team), #5 Exhibit (5/29/24 Email from Modern Business Team to BorgWarner Business Team), #6 Exhibit (6/6/24 Letter from BorgWarner Counsel to Modern Counsel), #7 Exhibit (6/13/24 Letter from Modern Counsel to BorgWarner Counsel), #8 Exhibit (6/26/24 BorgWarner-Modern Email Chain), #9 Exhibit (June Spot Buy Purchase Order), #10 Exhibit (7/10/24 Email from BorgWarner Counsel to Modern Counsel))(Hirsch, Alexandra) Modified duplicative exhibit numbering text on 7/12/2024 (cly).
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Case assigned to Chief Judge Martin Reidinger and US Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (cly)
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