Grand Isle Shipyard, Inc. v. ThyssenKrupp Industrial Solutions (USA), Inc. et al
| Grand Isle Shipyard, Inc. |
| ThyssenKrupp Industrial Solutions (USA), Inc, ThyssenKrupp Industrial Solutions (USA) Inc and Lone Star Industries, Inc |
| 1:2016cv00064 |
| April 25, 2016 |
| US District Court for the Northern District of Texas |
| Abilene Office |
| Nolan |
| Sam R Cummings |
| E Scott Frost |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:42. Fri Mar 1 13:10:37 CST 2019 (crt) |
Filing 42
ORDER. On this day, the Court considered the #41 Parties' Stipulation of Dismissal with Prejudice, filed February 27, 2019, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). IT IS ORDERED that all claims asserted in the above-styled and -numbered civil action are hereby DISMISSED WITH PREJUDICE with costs taxed against the party incurring the same. The Clerk of Court is hereby directed to close this civil action. (Ordered by Senior Judge Sam R Cummings on 2/28/2019) (jmc)
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| Filing 41 STIPULATION OF DISMISSAL with Prejudice by ThyssenKrupp Industrial Solutions (USA) Inc. (Blanco, Ileana) |
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Filing 40
ORDER. The Court, having considered the parties' Joint Status Report (and Request to Extend Stay), filed January 2, 2019, is of the opinion that the Motion should be GRANTED. IT IS ORDERED that the above-styled and -numbered civil action will remain ADMINISTRATIVELY CLOSED without prejudice to its being reopened to enter an order of dismissal or to continue litigation if the arbitration is not successful in resolving all outstanding issues between the parties. The parties are ordered to file a status report regarding the final arbitration decision as soon as practicable and no later than March 8, 2019. (Ordered by Senior Judge Sam R Cummings on 1/8/2019) (jmc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:40. Tue Jan 8 13:43:35 CST 2019 (crt) |
| Filing 39 Joint STATUS REPORT filed by ThyssenKrupp Industrial Solutions (USA) Inc. (McDougal, Craig) |
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Filing 38
ORDER. The Court, having considered the parties' #37 Joint Status Report (and Request to Extend Stay), filed July 31, 2018, is of the opinion that the Motion should be GRANTED. IT IS ORDERED that the above-styled and -numbered civil action will remain ADMINISTRATIVELY CLOSED without prejudice to its being reopened to enter an order of dismissal or to continue litigation if the arbitration is not successful in resolving all outstanding issues between the parties. The parties are ordered to file a status report regarding the final arbitration decision as soon as practicable and no later than January 2, 2019. (Ordered by Senior Judge Sam R Cummings on 8/8/2018) (jmc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:38. Wed Aug 8 10:45:37 CDT 2018 (crt) |
| Filing 37 Joint STATUS REPORT filed by ThyssenKrupp Industrial Solutions (USA) Inc. (Attachments: #1 Proposed Order) (Baggett, Tamara) |
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Filing 36
ORDER. The Court, having considered the parties' #35 Joint Status Report and Motion to Extend Stay, filed March 30, 2018, is of the opinion that the Motion should be GRANTED in part as specified below. The parties are currently scheduled for arbitration on July 31, 2018. To manage the Court's docket more efficiently, IT IS ORDERED that the above-styled and -numbered civil action is ADMINISTRATIVELY CLOSED without prejudice to its being reopened to enter an order of dismissal or to continue litigation if the arbitration is not successful in resolving all outstanding issues between the parties. Counsel shall file a second joint status report immediately following the conclusion of their arbitration--and no later than 8/6/2018--advising whether the arbitration was successful in resolving all remaining issues in this case. The Court puts all parties on notice that (in the event arbitration is unsuccessful) it intends to set this case for trial on December 3, 2018, following an expedited briefing schedule. The parties are cautioned that no continuance of that trial date will be granted, nor should any be requested. SO ORDERED. (Ordered by Senior Judge Sam R Cummings on 4/3/2018) (jmc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:36. Tue Apr 3 10:13:44 CDT 2018 (crt) |
| Filing 35 Joint STATUS REPORT and MOTION TO EXTEND STAY filed by ThyssenKrupp Industrial Solutions (USA), Inc.. (Baggett, Tamara) Modified on 4/2/2018 (jmc). |
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Filing 34
ORDER granting in part #32 Motion to Stay filed by ThyssenKrupp Industrial Solutions (USA), Inc. IT IS ORDERED that the above-styled and -numbered civil action is STAYED until 4/2/2018. Counsel shall file a joint status report no later than 3:00 p.m. on 3/30/2018. (Ordered by Senior Judge Sam R Cummings on 11/30/2017) (jmc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Thu Nov 30 13:35:59 CST 2017 (crt) |
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Filing 33
ORDER. It is ORDERED that this case and the pending Joint Motion to Stay Proceedings Until the Conclusion of Arbitration #32 are TRANSFERRED to Senior United States District Judge Sam R. Cummings. Magistrate Judge E. Scott Frost no longer assigned to case. (Ordered by Senior Judge Sam R Cummings on 11/27/2017) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:33. Mon Nov 27 10:13:40 CST 2017 (crt) |
| Filing 32 Joint MOTION to Stay Proceedings Pending Arbitration filed by ThyssenKrupp Industrial Solutions (USA), Inc. (Attachments: #1 Proposed Order) (Baggett, Tamara) |
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Filing 31
SECOND REVISED PRETRIAL SCHEDULING ORDER: The Joint Motion Showing Good Cause for Modification of the Scheduling Order #30 is GRANTED and the court amends those deadlines as follows: Amended Pleadings due by 11/15/2017. Discovery due by 2/13/2018. Joinder of Parties due by 11/15/2017. Dispositive Motions due by 3/15/2018. Status Report due by 2/27/2018. (Ordered by Magistrate Judge E. Scott Frost on 8/17/2017) (mmg) Modified on 8/18/2017 to correct typographical erroer (jak).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Thu Aug 17 11:21:35 CDT 2017 (crt) |
| Filing 30 MOTION Joint Motion Showing Good Cause for Modification of the Scheduling Order filed by ThyssenKrupp Industrial Solutions (USA), Inc. (Baggett, Tamara) |
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Filing 29
ORDER. It is ORDERED the parties file a joint motion showing good cause for modification of the scheduling order of this court if the proposed extension is indeed necessary. Absent modification by a later order of this Court, the 4/18/17 Scheduling Order #27 remains in effect. (Ordered by Magistrate Judge E. Scott Frost on 8/1/2017) (mmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:29. Tue Aug 1 08:31:38 CDT 2017 (crt) |
| Filing 28 Proposal for contents of scheduling and discovery order - Second Revised Joint by ThyssenKrupp Industrial Solutions (USA), Inc.. (Attachments: #1 Proposed Order) (Baggett, Tamara) |
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Filing 27
PRE-TRIAL SCHEDULING ORDER. Amended Pleadings due by 8/17/2017. Discovery due by 11/15/2017. Joinder of Parties due by 8/17/2017. Motions due by 11/15/2017. Status Report due by 12/29/2017. See Order for further deadlines. (Ordered by Magistrate Judge E. Scott Frost on 4/18/2017) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 27. Tue Apr 18 09:22:35 CDT 2017 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Tue Apr 18 12:54:59 CDT 2017 (crt) |
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Filing 26
ORDER granting #24 Motion to Withdraw as Attorney. Attorney Eliot T Burriss terminated. (Ordered by Magistrate Judge E. Scott Frost on 4/17/2017) (mmg)
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| Filing 25 Proposal for contents of scheduling and discovery order Revised Joint Proposal by Grand Isle Shipyard, Inc.. (Attachments: #1 Proposed Amendment) (Miller, Allen) |
| Filing 24 Unopposed MOTION to Withdraw as Attorney of Eliot Burriss filed by Lone Star Industries, Inc (Attachments: #1 Proposed Order) (Blanco, Ileana) |
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Filing 23
Order For Admission Pro Hac Vice granting #22 Application for Admission Pro Hac Vice of Elizabeth Akins. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Magistrate Judge E. Scott Frost on 4/11/2017) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:23. Tue Apr 11 10:00:42 CDT 2017 (crt) |
| Filing 22 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8333181) filed by Lone Star Industries, Inc (Attachments: #1 Additional Page(s) Cert of Good Standing) (Akins, Elizabeth) |
| Filing 21 NOTICE of Intent to Serve Subpoenas filed by Grand Isle Shipyard, Inc. (Attachments: #1 Exhibit(s)) (Miller, Allen) |
| Filing 20 NOTICE of Attorney Appearance by Dawn M Jenkins on behalf of Lone Star Industries, Inc. (Filer confirms contact info in ECF is current.) (Jenkins, Dawn) |
| Filing 19 NOTICE of Attorney Appearance by Ileana M Blanco on behalf of Lone Star Industries, Inc. (Filer confirms contact info in ECF is current.) (Blanco, Ileana) |
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Filing 18
ORDER granting #17 Motion to Withdraw as Attorney. Attorney Bradley Michael Smyer terminated. (Ordered by Magistrate Judge E. Scott Frost on 3/16/2017) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Thu Mar 16 09:49:39 CDT 2017 (crt) |
| Filing 17 MOTION to Withdraw as Attorney filed by Lone Star Industries, Inc (Attachments: #1 Proposed Order) (Smyer, Bradley) |
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Filing 16
AGREED PROTECTIVE ORDER: granting #14 Motion for Protective Order. See Order for instructions. (Ordered by Magistrate Judge E. Scott Frost on 1/23/2017) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Mon Jan 23 13:15:25 CST 2017 (crt) |
| Filing 15 NOTICE of Attorney Appearance by Tamara D Baggett on behalf of ThyssenKrupp Industrial Solutions (USA), Inc.. (Filer confirms contact info in ECF is current.) (Baggett, Tamara) |
| Filing 14 Agreed MOTION for Protective Order filed by Grand Isle Shipyard, Inc. (Attachments: #1 Exhibit(s)) (Miller, Allen) |
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Filing 13
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 5/19/2017. Discovery due by 8/17/2017. Joinder of Parties due by 12/1/2016. Dispositive Motions due by 9/19/2017. Status Report due by 8/31/2017. See Order for additional deadlines. (Ordered by Magistrate Judge E. Scott Frost on 7/14/2016) (mmg)
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| Filing 12 Proposal for contents of scheduling and discovery order by all parties by ThyssenKrupp Industrial Solutions (USA), Inc.. (Baggett, Tamara) |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Grand Isle Shipyard, Inc.. (Miller, Allen) |
| Filing 10 ANSWER to Counterclaim filed by Grand Isle Shipyard, Inc.. Related document: #5 Counterclaim (Miller, Allen) |
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Filing 9
ORDER granting #8 Application for Admission Pro Hac Vice of Allen C. Miller. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Magistrate Judge E. Scott Frost on 7/6/2016) (jgf)
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| Filing 8 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7693167) filed by Grand Isle Shipyard, Inc. (Miller, Allen) |
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Filing 7
Order Requiring Attorney Conference and Proposal for Contents of Scheduling and Discovery Order: Joint Proposal due by 7/11/2016. (Ordered by Magistrate Judge E. Scott Frost on 6/10/2016) (mmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Jun 10 10:08:51 CDT 2016 (crt) |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lone Star Industries, Inc. (Burriss, Eliot) |
| Filing 5 COUNTERCLAIM against Grand Isle Shipyard, Inc. filed by ThyssenKrupp Industrial Solutions (USA), Inc. (McDougal, Craig) |
| Filing 4 NOTICE of Consent to Removal re: #1 Notice of Removal,,,,, filed by Lone Star Industries, Inc (Burriss, Eliot) |
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Filing 3
Order and Notice of Option to Consent to Proceed Before United States Magistrate Judge. (Ordered by Magistrate Judge E. Scott Frost on 4/25/2016) (mmg)
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by ThyssenKrupp Industrial Solutions (USA), Inc. identifying Corporate Parent/Other Affiliate ThyssenKrupp North America, Inc. for ThyssenKrupp Industrial Solutions (USA), Inc.. (McDougal, Craig) |
| Filing 1 NOTICE OF REMOVAL from 32nd Judicial District, Nolan County, case number 19687 filed by ThyssenKrupp Industrial Solutions (USA), Inc.. (Filing fee $400; receipt number 0539-7534973) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A - Index of State Court Documents, #2 Exhibit(s) A-1 - Original Petition, #3 Exhibit(s) A-2 - Citation served on ThyssenKrupp, #4 Exhibit(s) A-3 - Citation served on Lone Star, #5 Exhibit(s) A-4 - Original Answer of ThyssenKrupp, #6 Exhibit(s) A-5 - Original Answer of Lone Star, #7 Exhibit(s) B - Consent to Removal, #8 Cover Sheet, #9 Cover Sheet Supplement) (McDougal, Craig) |
| New Case Notes: A filing fee has been paid. (mmg) |
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