ELLIOTT COMPANY OF INDIANAPOLIS, INC. v. BAYER A.G. et al
| ELLIOTT COMPANY OF INDIANAPOLIS, INC. |
| MITSUI CHEMICALS, INC, BASF CORPORATION, WANHUA CHEMICAL GROUP CO. LTD, MCNS POLYURETHANES USA INC, MCNS, BASF SE, HUNTSMAN INTERNATIONAL LLC, HUNTSMAN CORPORATION, WANHUA CHEMICAL AMERICA CO. LTD, COVESTRO LLC, BAYER A.G., BAYER CORPORATION, MITSUI CHEMICALS AMERICA, INC and DOW CHEMICAL COMPANY |
| 2:2018cv01454 |
| October 30, 2018 |
| US District Court for the Western District of Pennsylvania |
| Donetta W Ambrose |
| Lisa Pupo Lenihan |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 23, 2018. A more recent docket listing may be available from PACER.
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Filing 50
ORDER: Pursuant to 28 U.S.C. 455, the undersigned must disqualify herself in this proceeding. Lisa Pupo Lenihan, United States Magistrate Judge, therefore, recuses herself from all proceedings in this matter. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/23/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 49 Case transferred in from District of New York Southern; Case Number 7:18-cv-06882. Original file certified copy of transfer order and docket sheet received. |
| Filing 48 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Western District of Pennsylvania. (Signed by MDL Panel on 10/12/2018) (sjo) |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Western District of Pennsylvania. (sjo) |
| Filing 47 JOINT LETTER addressed to Judge Vincent L. Briccetti from Richard A. Spehr and Charles J. Cooper dated October 9, 2018 re: Joint Status Letter Regarding JPML Proceedings. Document filed by BASF Corporation, Bayer Corporation, Covestro LLC, Dow Chemical Company, Huntsman Corporation, Huntsman International LLC, MCNS Polyurethanes USA Inc., Mitsui Chemicals America, Inc., Wanhua Chemical (America) Co., Ltd.. (Attachments: #1 Exhibit 1 JPML Transfer Order, #2 Exhibit 2 JPML Conditional Transfer Order)(Spehr, Richard) |
| Filing 46 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BASF Americas Corporation, Other Affiliate BASF SE, Other Affiliate BASFIN Corporation, Other Affiliate BASF Nederland BV, Other Affiliate BASF USA Holding LLC for BASF Corporation. Document filed by BASF Corporation.(Spehr, Richard) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Richard A. Spehr to RE-FILE Document #43 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
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Filing 45
ORDER granting #44 Letter Motion to Stay: This matter shall be stayed and any deadlines extended until 28 days after the JPML's decision on the pending Motion for Transfer. Within 7 days of the JPML's decision, Movants shall file a joint letter updating the Court regarding the status of the case. In addition, if discovery proceeds in another District, or if an answer is provided in another District, the stay in this matter shall be lifted for the limited purpose of allowing the same action to occur in this District. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 44 CONSENT LETTER MOTION to Stay addressed to Judge Vincent L. Briccetti from Richard A. Spehr and Harold S. Reeves dated September 4, 2018. Document filed by BASF Corporation, Bayer Corporation, Covestro LLC, Dow Chemical Company, Huntsman Corporation, Huntsman International LLC, MCNS Polyurethanes USA Inc., Mitsui Chemicals America, Inc., Wanhua Chemical (America) Co., Ltd.. (Attachments: #1 Exhibit JPML Docket, #2 Exhibit JPML Briefing Schedule, #3 Exhibit Order granting Stay(Utah Foam), #4 Exhibit Order granting Stay (Isaac Industries), #5 Exhibit Order granting Stay (Emma Chemicals), #6 Text of Proposed Order)(Spehr, Richard) |
| Filing 43 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BASF Americas Corporation, Other Affiliate BASFIN Corporation for BASF Corporation. Document filed by BASF Corporation.(Spehr, Richard) Modified on 9/5/2018 (lb). |
| Filing 42 NOTICE OF APPEARANCE by Richard A. Spehr on behalf of BASF Corporation. (Spehr, Richard) |
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Filing 41
ORDER FOR ADMISSION PRO HAC VICE granting #37 Motion for Michael W. Kirk to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 8/8/2018) (mml)
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Filing 40
ORDER FOR ADMISSION PRO HAC VICE granting #36 Motion for Brian W. Barnes to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 8/8/2018) (mml)
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Filing 39
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Charles J. Cooper to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 8/8/2018) (mml)
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Filing 38
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Harold S. Reeves to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 8/8/2018) (mml)
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| Filing 37 MOTION for Michael W. Kirk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15421826. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elliott Company of Indianapolis, Inc.. (Attachments: #1 Affidavit Declaration, #2 Text of Proposed Order, #3 Exhibit Certificate of Good Standing - DC, #4 Exhibit Certificate of Good Standing - NY)(Kirk, Michael) |
| Filing 36 MOTION for Brian W. Barnes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15421308. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elliott Company of Indianapolis, Inc.. (Attachments: #1 Affidavit Declaration, #2 Text of Proposed Order, #3 Exhibit Certificate of Good Standing - DC, #4 Exhibit Certificate of Good Standing - CO)(Barnes, Brian) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Michael W. Kirk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15421826. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Brian W. Barnes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15421308. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 35 LETTER addressed to Judge Vincent L. Briccetti from Charles J. Cooper dated August 2, 2018 re: The Court's Order of August 1, 2018 (Doc.34). Document filed by Elliott Company of Indianapolis, Inc..(Reeves, Harold) |
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Filing 34
ORDER: Accordingly, by August 8, 2018, plaintiffs' counsel is directed to submit a letter to the Court either acknowledging that this case should be transferred to Manhattan or explaining why the case is properly designated for assignment to White Plains under Rule 18. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/1/2018) (mml)
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| Filing 33 ELECTRONIC SUMMONS ISSUED as to MCNS. (pc) |
| Filing 32 ELECTRONIC SUMMONS ISSUED as to Wanhua Chemical (America) Co., Ltd.. (pc) |
| Filing 31 ELECTRONIC SUMMONS ISSUED as to Wanhua Chemical Group Co., LTD. (pc) |
| Filing 30 ELECTRONIC SUMMONS ISSUED as to Mitsui Chemicals, Inc.. (pc) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to BASF SE. (pc) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to Bayer Corporation. (pc) |
| Filing 27 ELECTRONIC SUMMONS ISSUED as to MCNS Polyurethanes USA Inc.. (pc) |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Huntsman Corporation. (pc) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Huntsman International LLC. (pc) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Dow Chemical Company. (pc) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Mitsui Chemicals America, Inc.. (pc) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Bayer A.G.. (pc) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to BASF Corporation. (pc) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Covestro LLC. (pc) |
| Filing 19 MOTION for Charles J. Cooper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15394142. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elliott Company of Indianapolis, Inc.. (Attachments: #1 Affidavit Declaration, #2 Text of Proposed Order, #3 Exhibit DC Certificate of Good Standing, #4 Exhibit AL Certificate of Good Standing, #5 Exhibit GA Certificate of Good Standing)(Cooper, Charles) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Harold S. Reeves. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Harold S. Reeves. The party information for the following party/parties has been modified: Harold S. Reeves. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Harold S. Reeves to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Do not fill out the citizenship of principal parties if Federal Question Basis of Jurisdiction is selected. (pc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Harold S. Reeves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15391501. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Case Designated ECF. (pc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Charles J. Cooper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15394142. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Filing 18 MOTION for Harold S. Reeves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15391501. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elliott Company of Indianapolis, Inc.. (Attachments: #1 Affidavit Declaration, #2 Text of Proposed Order, #3 Exhibit Certificate of Good Standing)(Reeves, Harold) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elliott Company of Indianapolis, Inc..(Reeves, Harold) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Wanhua Chemical Group Co., Ltd., re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Wanhua Chemical (America) Co., Ltd., re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Mitsui Chemicals, Inc., re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Mitsui Chemicals America, Inc., re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to MCNS, re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to MCNS Polyurethanes USA Inc., re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Huntsman International LLC, re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Huntsman Corporation, re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Dow Chemical Company, re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Covestro LLC, re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Bayer Corporation, re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Bayer A.G., re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to BASF SE, re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to BASF Corporation, re: #1 Complaint,. Document filed by Elliott Company of Indianapolis, Inc.. (Reeves, Harold) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Reeves, Harold) Modified on 8/1/2018 (pc). |
| Filing 1 COMPLAINT against BASF Corporation, BASF SE, Bayer A.G., Bayer Corporation, Covestro LLC, Dow Chemical Company, Huntsman Corporation, Huntsman International LLC, MCNS, MCNS Polyurethanes USA Inc., Mitsui Chemicals America, Inc., Mitsui Chemicals, Inc., Wanhua Chemical (America) Co., Ltd., Wanhua Chemical Group Co., LTD. (Filing Fee $ 400.00, Receipt Number 0208-15391185)Document filed by Elliott Company of Indianapolis, Inc..(Reeves, Harold) |
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