Maruka Machinery Co Ltd v. Hi Tech Systems Inc
| Maruka Machinery Co Ltd |
| Hi Tech Systems Inc |
| 7:2017cv00490 |
| February 21, 2017 |
| U.S. District Court for the District of South Carolina |
| Spartanburg Office |
| Spartanburg |
| Donald C Coggins |
| Mary Geiger Lewis |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 93 TEXT ORDER granting #92 motion to extend. The Rubin Order entered on August 3, 2018, is extended an additional 30 days. Signed by Honorable Donald C Coggins, Jr on 10/1/2018.(abuc) |
| Filing 92 Joint MOTION for Extension of time re #91 Order Dismissing Case (60 Day Settlement Order), by Maruka Machinery Co Ltd. Response to Motion due by 10/12/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Casey, Alice) Modified to edit text and correct motion relief on 10/1/2018 (abuc). |
Filing 91
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Donald C Coggins, Jr on 8/3/2018. Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(abuc)
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| Filing 90 NOTICE of Settlement by Hi Tech Systems Inc Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC. Refiled to correct event type.(abuc) |
| Filing 89 AMENDED CONFERENCE AND SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 9/14/2018, Defendants ID of Expert Witnesses Due by 9/14/2018, Motion in Limine due by 1/10/2019, Motions due by 10/4/2018, Rule 26(a)(3) Disclosures due by 1/21/2019, Jury Selection Deadline 2/11/2019, Mediation Due by 7/31/2018. Motions granted: (88 in 7:17-cv-00490-DCC, 79 in 7:17-cv-00917-DCC) Consent MOTION to Amend/Correct (67 in 7:17-cv-00917-DCC, 67 in 7:17-cv-00917-DCC, 74 in 7:17-cv-00490-DCC, 74 in 7:17-cv-00490-DCC) Scheduling Order, filed by Maruka Machinery Co Ltd. Signed by Honorable Donald C Coggins, Jr on 5/21/2018. Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(abuc) |
| Filing 88 Consent MOTION to Amend/Correct (67 in 7:17-cv-00917-DCC, 67 in 7:17-cv-00917-DCC, 74 in 7:17-cv-00490-DCC, 74 in 7:17-cv-00490-DCC) Scheduling Order,,, Terminate Motions,, by Maruka Machinery Co Ltd. Response to Motion due by 6/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 87 Sealed Document in re document (83 in 7:17-cv-00490-DCC, 75 in 7:17-cv-00917-DCC). (Attachments: #1 Exhibit 6 - Excerpts from M. Hernandez's Deposition on 1-26-18, #2 Exhibit 18 - Ex. 55 of M. Hernandez's deposition on 1-26-18)Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
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Filing 86
ORDER granting (82) Motion to Seal in case 7:17-cv-00490-DCC; granting (74) Motion to Seal in case 7:17-cv-00917-DCC. Signed by Honorable Donald C Coggins, Jr on 5/16/2018.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(abuc)
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| Filing 85 STIPULATION FOR EXTENSION OF TIME TO ANSWER by Hi Tech Systems Inc. (Quinn, Patrick) |
| Filing 84 TEXT ORDER granting (73 in 7:17-cv-00917-DCC) MOTION to Withdraw as Attorney , as to pro hac vice attorney Kelly Morrison only filed by Maruka Machinery Co Ltd. Signed by Honorable Donald C Coggins, Jr on 5/11/2018. Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(abuc) |
| Filing 83 MOTION to Exclude Damages Counterclaims and for Adverse Inference Jury Instruction by Maruka Machinery Co Ltd. Response to Motion due by 5/24/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion, #2 Declaration of Jeffrey A. Atteberry, #3 Ex. 1 - Exhibit 30 of K. Tanoue's deposition on 1-25-2018, #4 Ex. 2 - Exhibit 33 of K. Tanoue's deposition on 1-25-2018, #5 Ex. 3 - Exhibit 35 of K. Tanoue's deposition on 1-25-2018, #6 Ex. 4 - Exhibit 39 of K. Tanoue's deposition on 1-25-2018, #7 Ex. 5 - Excerpts from K. Tanoue's deposition on 1-24-25-2018, #8 Ex. 6 - Excerpts from M. Hernandez's deposition on 1-26-2018, #9 Ex. 7 - Exhibit 31 of K. Tanoue's deposition on 1-25-2018, #10 Ex. 8 - Exhibit 59 of M. Hernandez's deposition on 1-26-2018, #11 Ex. 9 - HTS's Supplemental Answers to Maruka's Second Set of Interrogatories dated 11-17-2017, #12 Ex. 10 - Maruka's First Set of Requests for Production dated 5-11-2017, #13 Ex. 11 - Maruka's First Set of Interrogatories dated 5-11-2017, #14 Ex. 12 - Letter from K. Morrison to F. Smith dated 6-19-2017, #15 Ex. 13 - Maruka's Second Set of Requests for Production dated 6-14-2017, #16 Ex. 14 - Letter from K. Morrison to F. Smith dated 7-21-2017, #17 Ex. 15 - Letter from K. Morrison to F. Smith dated 6-22-2017, #18 Ex. 16 - Email Chain between K. Morrison and F. Smith dated July 2017, #19 Ex. 17 - Letter from K. Morrison to F. Smith dated 8-21-2017, #20 Ex. 18 - Exhibit 55 of M. Hernandez's deposition on 1-26-2018, #21 Ex. 19 - Email Chain between Maruka, HTS, and Kobelco dated 5-4-2016, #22 Ex. 20 - Translation of Exhibit 19, #23 Ex. 21 - Letter from E. Norton to K. Morrison dated 11-17-2017, #24 Ex. 22 - Email from C. Rawls on behalf of T. Casey to the Court dated 9-1-2017, #25 Ex. 23 - HTS's Responses to Maruka's First Set of Requests for Production dated 7-21-2017, #26 Ex. 24 - HTS's Responses to Maruka's Second Set of Requests for Production dated 8-4-2017, #27 Ex. 25 - HTS's Answers to Maruka's First Set of Interrogatories dated 8-24-2017, #28 Ex. 26 - Email Chain between K. Morrison and E. Norton dated September and October 2017, #29 Ex. 27 - Notice of Deposition of Kenjiro Tanoue dated 7-20-2017, #30 Ex. 28 - Email Chain between K. Morrison and F. Smith dated 8-18-2017, and Amended Notice of Deposition of Kenjiro Tanoue dated 8-18-2017, #31 Ex. 29 - Email Chain between K. Morrison and F. Smith dated 9-13-2017, #32 Ex. 30 - Email Chain between K. Morrison and F. Smith dated September 2017, #33 Ex. 31 - HTS's Supplemental Answers to Maruka's First Set of Interrogatories dated 11-17-2017, #34 Ex. 32 - Exhibit 61 of M. Hernandez's deposition on 1-26-2018, #35 Ex. 33 - Email Chain between K. Morrison and E. Norton dated November 2017, #36 Ex. 34 - Email Chain between K. Morrison and E. Norton dated February 2018, #37 Ex. 35 - Email Chain between J. Atteberry and E. Norton dated March and April 2018, #38 Ex. 36 - Exhibit 1 of K. Tanoue's deposition on 1-24-2018, #39 Ex. 37 - Letter from K. Morrison to E. Norton dated 2-16-2018, #40 Ex. 38 - Email from K. Tanoue to T. Isagawa dated 3-16-2016, #41 Ex. 39 - Email Chain between K. Morrison and F. Smith dated August 2017, #42 Case Law - Ericksen v Kaplan Higher Education LLC, #43 Case Law - Genuine Dubmax Inc v Greektown LLC, #44 Case Law - Holcombe v Helena Chemical Co, #45 Case Law - King v American Power Conversion Corp, #46 Case Law - LeCompte v Manekin Construction LLC, #47 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 82 MOTION to Seal by Maruka Machinery Co Ltd. Response to Motion due by 5/24/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 81 MOTION to Withdraw as Attorney , as to pro hac vice attorney Kelly Morrison only by Maruka Machinery Co Ltd. Response to Motion due by 5/24/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 80 Additional Attachments to Main Document (78 in 7:17-cv-00490-DCC, 70 in 7:17-cv-00917-DCC) ADR Statement/Certification. First attachment description: Exhibit A - Mediation Notice . Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 78 ADR STATEMENT/CERTIFICATION by Maruka Machinery Co LtdAssociated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) Additional attachments filed as separate entry #80 on 5/7/2018 (abuc). |
| Filing 77 AMENDED COMPLAINT against Hi Tech Systems Inc, filed by Maruka Machinery Co Ltd. Service due by 8/1/2018 (Attachments: #1 Exhibit A - Proposals, #2 Exhibit B - Purchase Orders) (Casey, Alice) |
| Filing 76 Sealed Document. (Attachments: #1 Exhibit V - M. Hernandez Deposition Exhibit 55, #2 Exhibit X - Excerpts from Deposition of K. Tanoue, #3 Exhibit Y - Excerpts from Deposition of M. Hernandez, #4 Exhibit Z - Excerpts from Deposition of T. Isagawa)Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
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Filing 75
ORDER granting (68) Motion to Seal; granting (69) Motion to Amend/Correct in case 7:17-cv-00490-DCC; granting (61) Motion to Seal; granting (62) Motion to Amend/Correct in case 7:17-cv-00917-DCC. Maruka is directed to file the Second Amended Complaint and may file supporting exhibits U, V, X, Y, and Z under seal. Signed by Honorable Donald C Coggins, Jr on 5/2/2018.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(abuc)
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| Filing 74 AMENDED CONFERENCE AND Plaintiffs ID of Expert Witness due by 6/22/2018, Defendants ID of Expert Witnesses Due by 6/22/2018,, Motion in Limine due by 11/13/2018, Motions due by 7/2/2018, Rule 26(a)(3) Disclosures due by 11/19/2018, Jury Selection Deadline 12/10/2018. Motions granted: (73 in 7:17-cv-00490-DCC, 66 in 7:17-cv-00917-DCC) Consent MOTION to Amend/Correct (63 in 7:17-cv-00490-DCC, 63 in 7:17-cv-00490-DCC, 57 in 7:17-cv-00917-DCC, 57 in 7:17-cv-00917-DCC) Scheduling Order, filed by Maruka Machinery Co Ltd. Signed by Honorable Donald C Coggins, Jr on 5/2/2018. Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(abuc) |
| Filing 73 Consent MOTION to Amend/Correct (63 in 7:17-cv-00490-DCC, 63 in 7:17-cv-00490-DCC, 57 in 7:17-cv-00917-DCC, 57 in 7:17-cv-00917-DCC) Scheduling Order,,, Terminate Motions,, by Maruka Machinery Co Ltd. Response to Motion due by 5/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 71 RESPONSE to Motion re (62 in 7:17-cv-00917-DCC) MOTION to Amend/Correct (27 in 7:17-cv-00490-DCC) Amended Complaint, Response filed by Hi Tech Systems Inc.Reply to Response to Motion due by 5/4/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Quinn, Patrick) |
| Filing 70 NOTICE of Appearance by Patrick D Quinn on behalf of Hi Tech Systems Inc Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Quinn, Patrick) |
| Filing 69 MOTION to Amend/Correct (27 in 7:17-cv-00490-DCC) Amended Complaint, by Maruka Machinery Co Ltd. Response to Motion due by 4/30/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Declaration of Jeffrey Atteberry, #3 Exhibit A - Ex. 7 of Tanoue's Deposition, #4 Exhibit B - Ex. 10 of Tanoue's Deposition, #5 Exhibit C - Ex. 12of Tanoue's Deposition, #6 Exhibit D - Ex. 13 of Tanoue's Deposition, #7 Exhibit E - Ex. 21 of Tanoue's Deposition, #8 Exhibit F - Ex. 22of Tanoue's Deposition, #9 Exhibit G - Ex. 23 of Tanoue's Deposition, #10 Exhibit H -Ex. 24 of Tanoue's Deposition, #11 Exhibit I - Ex. 28 of Tanoue's Deposition, #12 Exhibit J - Ex. 30 of Tanoue's Deposition, #13 Exhibit K - Ex. 31 of Tanoue's Deposition, #14 Exhibit L - Ex. 32 of Tanoue's Deposition, #15 Exhibit M - Ex. 33 of Tanoue's Deposition, #16 Exhibit N - Ex. 35 of Tanoue's Deposition, #17 Exhibit O - Ex. 37 of Tanoue's Deposition, #18 Exhibit P - Ex. 38 of Tanoue's Deposition, #19 Exhibit Q - Ex. 39 of Tanoue's Deposition, #20 Exhibit R - Ex. 48 of Hernandez's Deposition, #21 Exhibit S - Ex. 51 of Hernandez's Deposition, #22 Exhibit T - Ex. 52 of Hernandez's Deposition, #23 Exhibit U - Slipsheet for Ex. 54 of Hernandez's Deposition, #24 Exhibit V - Slipsheet for Ex. 55of Hernandez's Deposition, #25 Exhibit W - Intentionally Omitted, #26 Exhibit X - Excerpts of Tanoue Deposition, #27 Exhibit Y - Excerpts of Hernandez Deposition, #28 Exhibit Z - Excerpts of Isagawa Deposition, #29 Exhibit AA - Letter from Morrison to Smith, #30 Exhibit AB - HTS' Answerts to Maruka's First Interrogatories, #31 Exhibit AC - Deposition Notice of Tanoue, #32 Exhibit AD - Email Chain between Morrison and Smith, #33 Exhibit AE - Amended Deposition Notice of Tanoue, #34 Exhibit AF - Email Chain between Morrison and Smith, #35 Proposed Second Amended Complaint, #36 Redlined Version of Second Amended Complaint)No proposed order.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 68 MOTION to Seal by Maruka Machinery Co Ltd. Response to Motion due by 4/30/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 67 TEXT ORDER granting (66) Motion to Appear Pro Hac Vice as to Jeffrey Atteberry for Maruka Machinery Co Ltd in case 7:17-cv-00490-DCC; granting (59) Motion to Appear Pro Hac Vice. in case 7:17-cv-00917-DCC. Signed by Honorable Donald C Coggins, Jr on 4/4/18.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(alew, ) |
| Filing 66 MOTION to Appear Pro Hac Vice by Jeffrey A. Atteberry ( Filing fee $ 250 receipt number 0420-7700976) by Maruka Machinery Co Ltd. Response to Motion due by 4/17/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for Pro Hac Vice Admission with Certificate of Good Standing)No proposed order.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 65 DEFENDANT'S ID OF EXPERT WITNESSES by Hi Tech Systems Inc.(Norton, Erik) |
| Filing 64 PLAINTIFF'S ID OF EXPERT WITNESSES by Maruka Machinery Co Ltd.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 63 AMENDED CONFERENCE AND SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 3/23/2018, Defendants ID of Expert Witnesses Due by 4/20/2018, Records Custodian Affidavit due by 5/14/2018, Motion in Limine due by 7/18/2018, Motions due by 5/16/2018, Rule 26(a)(3) Disclosures due by 7/23/2018, Jury Selection Deadline 8/13/2018, Mediation Due by 5/1/2018. Motions granted: (62 in 7:17-cv-00490-DCC, 56 in 7:17-cv-00917-DCC) Consent MOTION to Amend/Correct (46 in 7:17-cv-00917-DCC, 52 in 7:17-cv-00490-DCC) Scheduling Order, filed by Maruka Machinery Co Ltd. Signed by Honorable Donald C Coggins, Jr on 3/7/2018. Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(abuc) |
| Filing 62 Consent MOTION to Amend/Correct (46 in 7:17-cv-00917-DCC, 52 in 7:17-cv-00490-DCC) Scheduling Order,, by Maruka Machinery Co Ltd. Response to Motion due by 3/19/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) (Main Document 62 replaced with corrected document provided by filing user on 3/7/2018) (abuc). |
| Filing 61 TEXT ORDER granting (60) Motion to Appear Pro Hac Vice in case 7:17-cv-00490-DCC; granting (54) Motion to Appear Pro Hac Vice. in case 7:17-cv-00917-DCC Signed by Honorable Donald C Coggins, Jr on 2/27/2018.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(abuc) |
| Filing 60 MOTION to Appear Pro Hac Vice by Sean D. Nelson ( Filing fee $ 250 receipt number 0420-7631549) by Maruka Machinery Co Ltd. Response to Motion due by 3/12/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for Pro Hac Vice Admission for Sean D. Nelson)No proposed order.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(Casey, Alice) |
| Filing 59 TEXT ORDER granting #58 motion for extension of time. Discovery in this case is to be completed by February 28, 2018. Signed by Honorable Donald C Coggins, Jr on 2/16/2018.Associated Cases: 7:17-cv-00490-DCC, 7:17-cv-00917-DCC(abuc) |
| Filing 58 Consent MOTION to Amend/Correct #52 Scheduling Order,, by Hi Tech Systems Inc. Response to Motion due by 3/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Norton, Erik) |
| Filing 56 Case Reassigned to Judge Honorable Donald C Coggins, Jr. Judge Honorable Mary Geiger Lewis no longer assigned to the case. (glev, ) |
| Filing 55 TEXT ORDER: On September 21, 2017, Plaintiff filed a Motion to Compel. ECF No. #37 . On November 1, 2017, the parties filed a Joint Status Report indicating they had resolved all but one of the issues raised in Plaintiff's Motion to Compel. ECF No. #51 . On November 17, 2017, the parties filed a Joint Status Report indicating they had reached a resolution of the sole remaining issue from Plaintiff's Motion to Compel. ECF No. #54 . Accordingly, the Court DISMISSES AS MOOT Plaintiff's Motion to Compel, ECF No. #37 . IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 11/20/2017.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 54 STATUS REPORT of All Parties by Maruka Machinery Co Ltd. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) |
| Filing 53 TEXT ORDER: In a series of Text Orders, ECF. Nos. 45, 47, 50, this Court directed counsel for the parties in these consolidated cases to confer, and see if they could resolve Plaintiffs Motion to Compel, ECF No. #37 , without further intervention by the Court, and to file a Joint Status Report by November 1, 2017, indicating whether or not the parties had resolved Plaintiffs Motion to Compel. On November 1, 2017, the parties filed a Joint Status Report indicating the sole issue remaining for the Court to rule on from Plaintiffs Motion to Compel was whether Defendant waived privilege in regards to otherwise protected documents. ECF No. #51 . The Court notes attorney-client privilege and work-product protection are among the most important evidentiary protections the law provides. See Upjohn Co. v. United States, 449 U.S. 383, 389 (1981) (internal citations omitted) (noting the history, purpose, and importance of attorney-client privilege); Fed. R. Civ. P. 26(b)(3)(A)-(B) (providing special protection from discovery for attorney work-product). Having read and considered the parties positions on this issue, ECF No. #51 , the Court is of the FIRM opinion this is a matter the EXCELLENT counsel in this case, who have already resolved the vast majority of the issues in Plaintiffs Motion to Compel, can resolve without further intervention by the Court. Accordingly, the Court directs counsel for the parties to confer regarding this sole remaining issue, and see if they can resolve the issue without Court intervention. The Court directs the parties to file a Joint Status Report with the Court by 5:00 PM on November 17, 2017, indicating whether or not they have resolved the waiver of privilege issue. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 11/8/2017. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 52 SECOND JOINT AMENDED CONFERENCE AND SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 3/9/2018, Defendants ID of Expert Witnesses Due by 4/6/2018, Discovery due by 4/30/2018, Motion in Limine due by 7/18/2018, Motions due by 5/16/2018, Rule 26(a)(3) Disclosures due by 7/23/2018, Jury Selection Deadline 8/13/2018, Mediation Due by 5/1/2018, Signed by Honorable Mary Geiger Lewis on 11/2/2017. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 51 STATUS REPORT by all Parties by Maruka Machinery Co Ltd. (Attachments: #1 Proposed Second Joint Amended Scheduling Order)Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) |
| Filing 50 TEXT ORDER: On October 16, 2017, this Court issued a Text Order, ECF No. 45 , directing counsel for the parties in these consolidated cases to confer, and see if they could resolve Plaintiff's Motion to Compel, ECF No. #37 , without further intervention by the Court. Following a Joint Status Report indicating the parties were making progress in resolving Plaintiff's Motion to Compel, and requesting additional time to resolve the issues, ECF No. #46 , the Court directed the parties to file a Joint Status Report by Monday, October 30, 2017, informing the Court as to whether or not the parties had successfully resolved Plaintiff's Motion to Compel, ECF No. 47 . On October 30, 2017, the parties filed a Joint Status Report, indicating that they continue to make progress in resolving Plaintiff's Motion to Compel, and asking the Court to order another Joint Status Report due November 1, 2017, to inform the Court as to whether or not the parties have resolved Plaintiff's Motion to Compel. ECF No. #49 . Accordingly, the parties are hereby directed to file a Joint Status Report with the Court by 5:00 PM on Wednesday, November 1, 2017, indicating whether or not they have resolved Plaintiff's Motion to Compel. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/31/2017. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 49 STATUS REPORT of All Parties by Maruka Machinery Co Ltd. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) |
| Filing 47 TEXT ORDER: On October 16, 2017, this Court issued a Text Order, ECF No. 45 , directing counsel for the parties in these consolidated cases to confer, and see if they could resolve Plaintiffs Motion to Compel, ECF No. #37 , without further intervention by the Court. On October 23, 2017, the parties filed a Joint Status Report indicating they were making progress in resolving Plaintiffs Motion to Compel, requesting additional time to resolve the issues, and asking the Court to order another Joint Status Report due October 30, 2017 to inform the Court as to whether or not the parties have resolved Plaintiffs Motion to Compel. Accordingly, the Court directs the parties to file a Joint Status Report not later than 5:00 PM on Monday, October 30, 2017, informing the Court as to whether or not the parties have successfully resolved Plaintiffs Motion to Compel. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/24/17. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(alew, ) |
| Filing 46 JOINT STATUS REPORT by Maruka Machinery Co Ltd. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) Modified on 10/24/2017 to edit text (alew, ). |
| Filing 45 TEXT ORDER: Currently pending before the Court in these consolidated cases is Plaintiff Maruka Machinery Co., Ltd.s Motion to Compel, ECF No. 37. The Court has read and considered the Motion, Response, and Reply, ECF Nos. 37, 43, 44, filed by the EXCELLENT counsel in this case. Having reviewed these documents, the Court is of the FIRM opinion Plaintiff's Motion to Compel, ECF No. 37, is a matter the learned counsel in this case, all members of premier law firms, could and should resolve without further Court intervention. Therefore, the Court hereby directs counsel to conference and inform the Court via the filing of a Joint Status Report not later than 5:00 PM on Monday, October 23, 2017, whether or not they have resolved the motion. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/16/2017. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 44 REPLY to Response to Motion re (34 in 7:17-cv-00917-MGL) MOTION to Compel Response filed by Maruka Machinery Co Ltd. (Attachments: #1 Exhibit 24 - Email from J. Henderlight to K. Tanoue dated 11-14-2016, #2 Exhibit 25 - Email from J. Henderlight to K. Tanoue dated 8-13-2016, #3 Exhibit 26 - HTS' Answers to Maruka's Second Set of Interrogatories, #4 Exhibit 27 - Email from Mr. Tanoue to Mr. Isagawa dated 3-16-2016, #5 Exhibit 28 - Email chain between counsel for the parties regarding computer virus, #6 Exhibit 29 - HTS' Responses to Maruka's First Set of Request for Production of Documents, #7 Exhibit 30 - Conference and Scheduling Order dated 4-27-17 Dkt. 12, #8 Exhibit 31 - HTS' First Set of Request for Production to Maruka dated 6-27-2017)Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) |
| Filing 43 RESPONSE in Opposition re #37 MOTION to Compel Response filed by Hi Tech Systems Inc.Reply to Response to Motion due by 10/12/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Norton, Erik) |
| Filing 42 TEXT ORDER granting (39 in 7:17-cv-00490-MGL) MOTION to Substitute Attorney filed by Hi Tech Systems Inc. Attorney Robert Wilder Harte terminated. Signed by Honorable Mary Geiger Lewis on 10/5/2017. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 41 TEXT ORDER granting (33 in 7:17-cv-00917-MGL, 36 in 7:17-cv-00490-MGL) MOTION to Withdraw as Attorney filed by Hi Tech Systems Inc. Attorney Franklin J Smith, Jr terminated. Signed by Honorable Mary Geiger Lewis on 10/4/2017. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 39 MOTION to Substitute Attorney by Hi Tech Systems Inc. Response to Motion due by 10/17/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Norton, Erik) |
| Filing 38 NOTICE of Appearance by Erik Tison Norton on behalf of Hi Tech Systems Inc (Norton, Erik) |
| Filing 37 MOTION to Compel by Maruka Machinery Co Ltd. Response to Motion due by 10/5/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memorandum in Support of Motion to Compel, #2 Exhibit 1 - Correspondence Serving Maruka First Set of Discovery Requests, #3 Exhibit 2 - Maruka First Request for Production of Documents, #4 Exhibit 3 - Maruka First Set of Interrogatories, #5 Exhibit 4 - Correspondence Regarding HTS Failure to Respond to Discovery, #6 Exhibit 5 - Email Advising HTS Has No Objections to the Discovery Requests, #7 Exhibit 6 - Correspondence Regarding HTS Failure to Respond to Secon Set of Discovery Requests, #8 Exhibit 7 - Correspondence Confirming Documents HTS Agrees to Produce, #9 Exhibit 8 - HTS Request for An Extension Agreeing to Produce All Documents by 08-04-17, #10 Exhibit 9 - HTS Answers to First Set of Interrogatories, #11 Exhibit 10 - Email Serving Responsive Documents Via ShareFile, #12 Exhibit 11 - Correspondence Regarding Deficiencies in HTS Discovery Responses, #13 Exhibit 12 - HTS Response to Correspondence Regarding Deficiencies in Discovery Responses, #14 Exhibit 13 - Correspondence Regarding Concerns as to the Completeness of HTS Document Production, #15 Exhibit 14 - HTS Discloses Its Document Production is Not Complete, #16 Exhibit 15 - Email communications to Judge Lewis, #17 Exhibit 16 - Email Communications and Notice of Deposition of Kenjiro Tanoue, #18 Exhibit 17 - Email communications and Amended Notice of Deposition of Kenjiro Tanoue, #19 Exhibit 18 - Email Advising HTS Will Produce Additional Electronic Documents, #20 Exhibit 19 - HTS Counsel Advised a Substanial Number of New Documents Will Be Produced, #21 Exhibit 20 - Email Attaching Screen Shot of Folders of Additional Documents Received, #22 Exhibit 21 - Email Confirming Mr. Tanoue Cannot Attend the September 25 Deposition, #23 Exhibit 22 - HTS 26a1 Initial Disclosures, #24 Exhibit 23 - Maruka Objections and Responses to First Set of Interrogatories, #25 Morrison Declaration In Support of Motion to Compel)No proposed order.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) |
| Filing 36 MOTION to Withdraw as Attorney by Hi Tech Systems Inc. Response to Motion due by 10/5/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit of Frank Smith)No proposed order.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Smith, Franklin) |
| Filing 35 CONFIDENTIALITY ORDER granting (34) Motion for Confidentiality Order in case 7:17-cv-00490-MGL; granting (31) Motion for Confidentiality Order in case 7:17-cv-00917-MGL Signed by Honorable Mary Geiger Lewis on 9/12/2017.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) (Main Document 35 replaced on 9/13/2017) (abuc, ). |
| Filing 34 Consent MOTION for Confidentiality Order by Maruka Machinery Co Ltd. Response to Motion due by 9/25/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Confidentiality Order, #2 Redlined version of Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) |
| Filing 32 NOTICE of Hearing: Telephone Conference set for 9/7/2017 10:30 AM before Honorable Mary Geiger Lewis. Plaintiff's counsel is directed to arrange and initiate the conference call, conference in all other participating counsel, and then connect to chambers at 803-765-5810. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 31 TEXT ORDER granting #30 Motion for Extension of Time in case 7:17-cv-00490-MGL; granting #27 Motion for Extension of Time in case 7:17-cv-00917-MGL. Signed by Honorable Mary Geiger Lewis on 8/17/2017.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 30 Consent MOTION for Extension of Time of Scheduling Order Deadline by Maruka Machinery Co Ltd. Response to Motion due by 8/31/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) |
| Filing 29 ANSWER to Counterclaim #28 of Hi Tech Systems, Inc. by Maruka Machinery Co Ltd.(Casey, Alice) |
| Filing 28 ANSWER to #27 Amended Complaint, , COUNTERCLAIM against Maruka Machinery Co Ltd by Hi Tech Systems Inc. (Attachments: #1 Exhibit A - Legal Description, #2 Exhibit B - Cash Bond)(Smith, Franklin) |
| Filing 27 AMENDED COMPLAINT against Hi Tech Systems Inc, filed by Maruka Machinery Co Ltd. Service due by 10/4/2017 (Attachments: #1 Exhibit A - Proposals, #2 Exhibit B - Purchase Orders) (Casey, Alice) Modified to correct text on 7/6/2017 (abuc). |
|
Filing 25
ORDER granting leave to each Plaintiff to amend the operative complaint in its respective case. The Parties shall re-file the amended pleadings by July 7, 2017, with responses to be filed pursuant to Federal Rule of Civil Procedure 15 no later than July 21, 2017. Signed by Honorable Mary Geiger Lewis on 7/6/2017. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc)
|
| Filing 24 STATUS REPORT (Joint) by Maruka Machinery Co Ltd. (Attachments: #1 Proposed Order)Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) |
| Filing 23 CERTIFICATE of Counsel by Franklin J Smith, Jr on behalf of Hi Tech Systems Inc (Attachments: #1 Exhibit Acceptance of Service of Subpoena Duces Tecum)Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Smith, Franklin) |
| Filing 22 TEXT ORDER: Pending before the Court are Hi Tech Systems, Inc.'s Motion to Amend Complaint #20 (Hi Tech's Motion) and Plaintiff Maruka Machinery Co. Ltd.'s Motion for Leave to Amend Complaint #21 (Maruka's Motion). The Court is of the FIRM opinion Hi Tech's Motion and Maruka's Motion are matters that the excellent counsel in this case can and should resolve without further Court intervention. Therefore, the Court hereby directs counsel to conference and inform the Court via the filing of a joint status report by Wednesday, July 5, 2017, whether they have resolved Hi Tech's Motion and Maruka's Motion. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 6/27/2017. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 21 MOTION to Amend/Correct (1 in 7:17-cv-00490-MGL) Complaint by Maruka Machinery Co Ltd. Response to Motion due by 7/10/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Declaration of Kelly M. Morrison, #2 Exhibit B - Proposed Amended Complaint, #3 Exhibit C - Redlined Proposed Amended Complaint)No proposed order.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) |
| Filing 20 MOTION to Amend/Correct (5 in 7:17-cv-00917-MGL) Amended Complaint, by Hi Tech Systems Inc. Response to Motion due by 7/10/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Proposed 2nd Amended Complaint, #2 Exhibit A to 2nd Amended Comlaint, #3 Exhibit B to 2nd Amended Complaint)No proposed order.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Smith, Franklin) |
| Filing 19 JOINT AMENDED CONFERENCE AND SCHEDULING ORDER Motions to Amend Pleadings due by 6/26/2017, Plaintiffs ID of Expert Witness due by 12/8/2017, Defendants ID of Expert Witnesses Due by 12/29/2017, Records Custodian Affidavit due by 8/25/2017, Discovery due by 11/17/2017, Motion in Limine due by 4/18/2018, Motions due by 2/16/2018, Rule 26(a)(3) Disclosures due by 4/23/2018, Jury Selection Deadline 5/9/2018, Mediation Due by 1/8/2018, Signed by Honorable Mary Geiger Lewis on 6/1/2017. Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 18 Joint Rule 26(f) Report by Maruka Machinery Co Ltd. (Attachments: #1 Proposed Amended Scheduling Order)Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(Casey, Alice) |
| Filing 17 ANSWER to Counterclaim #9 by Maruka Machinery Co Ltd.(Casey, Alice) |
| Filing 16 NOTICE REGARDING CONSOLIDATED CASES.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 15 TEXT ORDER granting (14) Motion to Consolidate Cases in case 7:17-cv-00490-MGL Signed by Honorable Mary Geiger Lewis on 5/5/2017.Associated Cases: 7:17-cv-00490-MGL, 7:17-cv-00917-MGL(abuc) |
| Filing 14 Consent MOTION to Consolidate Cases by Maruka Machinery Co Ltd. Response to Motion due by 5/18/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Casey, Alice) |
| Filing 13 MEDIATION ORDER Mediation Due by 1/8/2018, Signed by Honorable Mary Geiger Lewis on 4/27/2017. (abuc) |
| Filing 12 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 5/17/2017, 26(a) Initial Disclosures due by 5/31/2017, Rule 26 Report due by 5/31/2017, Motions to Amend Pleadings due by 6/26/2017, Plaintiffs ID of Expert Witness due by 7/26/2017, Defendants ID of Expert Witnesses Due by 8/25/2017, Records Custodian Affidavit due by 8/25/2017, Discovery due by 10/24/2017, Motion in Limine due by 1/17/2018, Motions due by 11/8/2017, Rule 26(a)(3) Disclosures due by 1/22/2018, Jury Selection Deadline 2/7/2018, Mediation Due by 1/8/2018, Signed by Honorable Mary Geiger Lewis on 4/27/2017. (abuc) |
| Filing 10 Local Rule 26.01 Answers to Interrogatories by Hi Tech Systems Inc.(Smith, Franklin) |
| Filing 9 ANSWER to #1 Complaint , COUNTERCLAIM against Maruka Machinery Co Ltd by Hi Tech Systems Inc.(Smith, Franklin) |
| Filing 8 TEXT ORDER granting #6 Motion to Appear Pro Hac Vice; granting #7 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 4/12/2017.(abuc) |
| Filing 7 MOTION to Appear Pro Hac Vice by Brent L. Caslin ( Filing fee $ 250 receipt number 0420-7099838) by Maruka Machinery Co Ltd. Response to Motion due by 4/26/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Pro Hac Vice Application of Brent L. Caslin, #2 Washington Certificate of Good Standing for Brent L. Caslin, #3 California Certificate of Good Standing for Brent L. Caslin)No proposed order.(Casey, Alice) |
| Filing 6 MOTION to Appear Pro Hac Vice by Kelly M. Morrison ( Filing fee $ 250 receipt number 0420-7099785) by Maruka Machinery Co Ltd. Response to Motion due by 4/26/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Pro Hac Vice Application of Kelly M. Morrison, #2 California Certificate of Good Standing for Kelly M. Morrison)No proposed order.(Casey, Alice) |
| Filing 5 WAIVER OF SERVICE by Maruka Machinery Co Ltd. Hi Tech Systems Inc waiver executed on 2/27/2017, answer due 4/28/2017. (Attachments: #1 Notice of Waiver of the Service of Summons)(Casey, Alice) |
| Filing 4 Summons Issued as to Hi Tech Systems Inc. (abuc) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Maruka Machinery Co Ltd.(abuc) |
| Filing 1 COMPLAINT against Hi Tech Systems Inc (Filing fee $ 400 receipt number 0420-7010265.), filed by Maruka Machinery Co Ltd. Service due by 5/22/2017 (Attachments: #1 Exhibit A - Proposals, #2 Exhibit B - Purchase Orders)(abuc) |
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