BIELSTEIN, ET AL. v. SIGNATURE SOLAR LIMITED LIABILITY COMPANY
| MARK A. BIELSTEIN and RACHELLE R. BIELSTEIN |
| SIGNATURE SOLAR LIMITED LIABILITY COMPANY, JAMES SHOWALTER and JOHN SHOWALTER |
| 4:2024cv00146 |
| February 20, 2024 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 38 NOTICE of Attorney Appearance by Melissa Dorman Matthews on behalf of MARK A. BIELSTEIN, RACHELLE R. BIELSTEIN (Matthews, Melissa) |
| Notified Attorney, Joseph Lewis and Manning O'Connor, II, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT ATTORNEY ADMISSION LETTER SENT VIA EMAIL*** (jmb, ) |
| Case assigned to District Judge Sean D. Jordan. (jmb, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (jmb, ) |
| Note: Pursuant to Local Rule CV 7(j), any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. (jmb, ) |
| Filing 37 Case transferred in from District of Pennsylvania Western; Case Number 2:22-cv-01786. Original file certified copy of transfer order and docket sheet received. |
Filing 36
ORDER granting #33 Motion to Transfer Case. The Clerk shall transfer the above-captioned case forthwith to the United States District Court for the Eastern District of Texas pursuant to 18 U.S.C. 1631. Signed by Judge Marilyn J. Horan on 2/20/2024. (bjl) Modified text on 2/20/2024. (jkn) [Transferred from Pennsylvania Western on 2/20/2024.]
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Filing 35
ORDER For the reasons stated in this Court's Opinion (ECF No. #32 ), Defendants' Motion to Dismiss, pursuant to Fed. R. Civ. P. 12(b)(2), is granted. And because this Court lacks personal jurisdiction over Defendants, their Motion to Dismiss, pursuant to Fed. Civ. P. 12(b)(6), is moot.A separate order addressing Plaintiff's Motion to Transfer (ECF No. #34 ) will follow. Signed by Judge Marilyn J. Horan on 2/20/2024. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.]
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| Filing 34 BRIEF in Support re #33 Motion to Transfer Case filed by MARK A. BIELSTEIN, RACHELLE R. BIELSTEIN. (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 33 MOTION to Transfer Case by MARK A. BIELSTEIN, RACHELLE R. BIELSTEIN. (Attachments: #1 Proposed Order) (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
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Filing 32
OPINION AND ORDER For the reasons stated in this Court's Opinion, Defendants' Motion to Dismiss #13 , pursuant to Fed. R. Civ. P. 12(b)(2), will be granted. And because this Court lacks personal jurisdiction over Defendants, their Motion to Dismiss, pursuant to Fed. Civ. P. 12(b)(6), will be rendered moot. Before the Court enters a final order disposing of the Motions to Dismiss, the Plaintiffs shall have until February 12, 2024, to file a request that the order disposing of the Motion to Dismiss also provide for and identify a requested transfer to a court of competent jurisdiction. Should no request be filed by said date, the Court will enter an order granting Defendants' motion to dismiss and dismissing this action. Signed by Judge Marilyn J. Horan on 2/5/2024. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.]
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| Filing 31 REPLY (Supplemental) in Support to #18 Reply Brief, #13 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim,, filed by JAMES SHOWALTER, JOHN SHOWALTER, SIGNATURE SOLAR LIMITED LIABILITY COMPANY. (Stoy, Frank) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 30 BRIEF in Opposition re #13 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, filed by MARK A. BIELSTEIN, RACHELLE R. BIELSTEIN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Declaration) (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
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Filing 29
TEXT ORDER Upon review of the parties' joint status report #28 , it is hereby ordered that Plaintiffs' Supplemental Briefing in Opposition to Defendants' Motion to Dismiss shall be filed by November 20, 2023, and Defendants' shall file any reply by December 11, 2023. Signed by Judge Marilyn J. Horan on 10/30/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.]
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| Filing 28 STATUS REPORT JOINT by MARK A. BIELSTEIN, RACHELLE R. BIELSTEIN. (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
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Filing 27
TEXT ORDER Following discussion on at the video status conference held on this date, it is hereby ordered that counsel shall confer regarding the following: 1. Potential consent to transfer jurisdiction; 2. whether any additional jurisdictional discovery efforts are needed; and 3. whether any supplemental briefing to the motions to dismiss are expected and a proposed timeline on the same. Further, counsel shall file a joint status report regarding the above, on or before October 30, 2023. Signed by Judge Marilyn J. Horan on 10/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.]
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| Filing 26 Text Minute Entry for proceedings held before Judge Marilyn J. Horan: Video Status Conference held on 10/10/2023. Order to follow. (Court Reporter: Marsia Balobek) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.] |
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Filing 25
TEXT ORDER Following review of the parties' joint status report, the Court will hold a Video Status Conference on 10/10/2023 at 09:00 AM to discuss the scope of jurisdictional discovery. A video link will be emailed to counsel. Signed by Judge Marilyn J. Horan on 9/29/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.]
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| Filing 24 STATUS REPORT JOINT by MARK A. BIELSTEIN, RACHELLE R. BIELSTEIN. (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
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Filing 23
TEXT ORDER Per the status report of the parties #22 , the parties shall complete jurisdictional discovery by September 15, 2023 and submit a status report to the Court on or before September 23, 2023. Signed by Judge Marilyn J. Horan on 6/14/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.]
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| Filing 22 STATUS REPORT (JOINT) by MARK A. BIELSTEIN, RACHELLE R. BIELSTEIN. (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
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Filing 21
TEXT ORDER On or before June 16, 2023, the parties shall confer and file a joint status report regarding proposed deadlines for jurisdictional discovery and the filing of a subsequent status report regarding further hearings, stipulations, and/or briefing on the pending jurisdictional issue. Signed by Judge Marilyn J. Horan on 6/6/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.]
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| Filing 20 Text Minute Entry for proceedings held before Judge Marilyn J. Horan: Video Status Conference held on 6/6/2023. Order on joint status report to follow. (Court Reporter: Jane Proud) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.] |
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Filing 19
TEXT ORDER Video Status Conference set for 6/6/2023 at 01:00 PM. Counsel shall be prepared to discuss planning and scheduling for the disposition of the pending Motion to Dismiss #13 . A video link will be emailed to counsel. Signed by Judge Marilyn J. Horan on 6/1/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.]
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| Filing 18 REPLY BRIEF re #13 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim, filed by JAMES SHOWALTER, JOHN SHOWALTER, SIGNATURE SOLAR LIMITED LIABILITY COMPANY. (Trischler, Clem) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 17 BRIEF in Opposition re #13 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim, filed by MARK A. BIELSTEIN. (Attachments: #1 Declaration, #2 Declaration) (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 16 RESPONSE to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MARK A. BIELSTEIN. (Attachments: #1 Proposed Order) (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 15 NOTICE of Appearance by Manning J. O'Connor, II on behalf of MARK A. BIELSTEIN. (O'Connor, Manning) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 14 BRIEF in Support re #13 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by JAMES SHOWALTER, JOHN SHOWALTER, SIGNATURE SOLAR LIMITED LIABILITY COMPANY. (Attachments: #1 Exhibit 1) (Trischler, Clem) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #7 AMENDED COMPLAINT, by JAMES SHOWALTER, JOHN SHOWALTER, SIGNATURE SOLAR LIMITED LIABILITY COMPANY. (Attachments: #1 Proposed Order) (Trischler, Clem) Modified text on 5/2/2023 to add document linkage. (ctb) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 12 Disclosure Statement identifying None as corporate parent or other affiliate, by JAMES SHOWALTER, JOHN SHOWALTER, SIGNATURE SOLAR LIMITED LIABILITY COMPANY. (Trischler, Clem) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 11 STIPULATION of the Parties by JAMES SHOWALTER, JOHN SHOWALTER, SIGNATURE SOLAR LIMITED LIABILITY COMPANY. (Trischler, Clem) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 10 WAIVER OF SERVICE Returned Executed by MARK A. BIELSTEIN. JAMES SHOWALTER waiver sent on 3/15/2023, answer due 5/15/2023; JOHN SHOWALTER waiver sent on 3/15/2023, answer due 5/15/2023. (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 9 NOTICE of Appearance by Frank H. Stoy on behalf of JAMES SHOWALTER, JOHN SHOWALTER, SIGNATURE SOLAR LIMITED LIABILITY COMPANY. (Stoy, Frank) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 8 NOTICE of Appearance by Clem C. Trischler on behalf of JAMES SHOWALTER, JOHN SHOWALTER, SIGNATURE SOLAR LIMITED LIABILITY COMPANY. (Trischler, Clem) [Transferred from Pennsylvania Western on 2/20/2024.] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #8 Notice of Appearance, #9 Notice of Appearance. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A AND identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 3/24/2023. (ctb) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Update Answer Deadline: Answer due from SIGNATURE SOLAR LIMITED LIABILITY COMPANY on 3/18/2023 (ctb) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 7 AMENDED COMPLAINT against JAMES SHOWALTER, JOHN SHOWALTER, SIGNATURE SOLAR LIMITED LIABILITY COMPANY, filed by MARK A. BIELSTEIN. (Attachments: #1 Exhibit A, #2 Exhibit B) (Lewis, Joseph) Modified text on 3/6/2023 to add SIGNATURE SOLAR to docket text. (ctb) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 6 STIPULATION of Counsel by MARK A. BIELSTEIN. (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 5 WAIVER OF SERVICE Returned Executed by MARK A. BIELSTEIN. SIGNATURE SOLAR LIMITED LIABILITY COMPANY waiver sent on 12/30/2022, answer due 2/28/2023. (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 4 Disclosure Statement by MARK A. BIELSTEIN. (Lewis, Joseph) [Transferred from Pennsylvania Western on 2/20/2024.] |
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Filing 3
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE available #Here. Signed by Judge Marilyn J. Horan on 12/19/2022. Text-only entry; no PDF d ocument will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) [Transferred from Pennsylvania Western on 2/20/2024.]
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| Filing 2 Summons Issued as to SIGNATURE SOLAR LIMITED LIABILITY COMPANY (ctb) [Transferred from Pennsylvania Western on 2/20/2024.] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint. ERROR: Party did not file disclosure statement identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 12/27/2022. (ctb) [Transferred from Pennsylvania Western on 2/20/2024.] |
| Filing 1 COMPLAINT against SIGNATURE SOLAR LIMITED LIABILITY COMPANY (Filing fee, including Administrative fee, $402, receipt number APAWDC-7440382), filed by MARK A. BIELSTEIN, RACHELLE R. BIELSTEIN. (Attachments: #1 Civil Cover Sheet) (ctb) [Transferred from Pennsylvania Western on 2/20/2024.] |
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