Polaris Engineering, Inc. v. Texas International Terminals, Ltd.
| Polaris Engineering, Inc. |
| Texas International Terminals, Ltd. |
| Westchester Fire Insurance Company and Westchester Specialty Insurance Services, Inc. d/b/a Westchester Fire Insurance Company |
| 4:2020cv03389 |
| October 1, 2020 |
| US District Court for the Southern District of Texas |
| Gray H Miller |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Intradistrict Transfer to Galveston Division, filed. (rguerrero, 4) |
Filing 66
Memorandum Opinion and ORDER TO TRANSFER CASE to Southern District of Texas, Galveston Division.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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| Filing 65 ANSWER to #57 Amended Answer,, Third Party Complaint,, Counterclaim, by Westchester Fire Insurance Company, filed.(Pemberton, Phillip) |
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Filing 64
MEMORANDUM AND ORDER DENYING #43 MOTION for Preliminary Injunction (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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| Filing 63 REPLY to Response to #46 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION TO DISMISS FOR FAILURE TO PLEAD FRAUD WITH PARTICULARITY, AND MOTION FOR MORE DEFINITE STATEMENT, filed by Polaris Engineering, Inc.. (Klingensmith, Elizabeth) |
| Filing 62 OBJECTIONS to #52 Affidavit in Support of Application for Preliminary Injunction, filed by Polaris Engineering, Inc.. (Attachments: #1 Proposed Order)(Klingensmith, Elizabeth) |
| Filing 61 REPLY to #43 MOTION for Preliminary Injunction , filed by Polaris Engineering, Inc.. (Attachments: #1 Exhibit 1_Second Declaration of Nodier, #2 Exhibit A to Second Declaration of Nodier)(Klingensmith, Elizabeth) |
| Filing 60 RESPONSE to #46 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION TO DISMISS FOR FAILURE TO PLEAD FRAUD WITH PARTICULARITY, AND MOTION FOR MORE DEFINITE STATEMENT filed by Texas International Terminals, Ltd.. (Ross, Timothy) |
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Filing 59
ORDER DENYING #47 MOTION to Strike, GRANTING IN PART MOTION to Continue Related Deadlines. Plaintiff shall have up to and including March 2, 2021 to file any supplemental briefing in response to the application for preliminary injunction. No further briefing shall be submitted by either party unless specifically requested by this court.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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| Filing 58 REPLY to Response to #47 MOTION to Strike #43 MOTION for Preliminary Injunction or, In the Alternative, to Stay or Continue Related Deadlines, #43 MOTION for Preliminary Injunction, filed by Texas International Terminals, Ltd.. (Attachments: #1 Proposed Order)(Ross, Timothy) |
| Filing 57 Third AMENDED ANSWER to #44 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand, THIRD PARTY COMPLAINT against Westchester Fire Insurance Company, COUNTERCLAIM against Polaris Engineering, Inc. by Texas International Terminals, Ltd., filed. (Attachments: #1 Exhibit A)(Ross, Timothy) |
| ***Due to the current weather and power outages, defendant's response to plaintiff's second amended complaint is due close of business 2/22/2021. (rkonieczny, 4) |
| Filing 56 SEALED RESPONSE re: #43 MOTION for Preliminary Injunction by Polaris Engineering, Inc., filed. (Attachments: #1 Exhibit 1_Nodier Decl) (Klingensmith, Elizabeth) |
| Filing 55 RESPONSE to #43 MOTION for Preliminary Injunction , filed by Polaris Engineering, Inc.. (Attachments: #1 Exhibit 1_Nodier Decl)(Klingensmith, Elizabeth) |
| ***Due to the current weather and power outages, plaintiff's request to extend response to motion to transfer and for preliminary injunction is extended to close of business 2/17/2021. (rkonieczny, 4) |
| Filing 54 RESPONSE to #48 Brief re Public and Private Interest Venue Factors, filed by Westchester Fire Insurance Company. (Pemberton, Phillip) |
| Filing 53 SEALED EXHIBITS Exhibit 1 re: #52 Affidavit by Texas International Terminals, Ltd., filed. (Ross, Timothy) |
| Filing 52 AFFIDAVIT of Todd Sullivan re: #43 MOTION for Preliminary Injunction, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Ross, Timothy) |
| Filing 51 SEALED EXHIBITS re: #50 Response, by Polaris Engineering, Inc., filed. (Attachments: #1 Exhibit A to Zimmermann Declaration, #2 Exhibit B to Zimmermann Declaration, #3 Exhibit C to Zimmermann Declaration) (Klingensmith, Elizabeth) |
| Filing 50 RESPONSE to #48 Brief re Public and Private Interest Venue Factors, filed by Polaris Engineering, Inc.. (Attachments: #1 Affidavit of Lee Zimmerman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Klingensmith, Elizabeth) |
| Filing 49 ANSWER to #42 Amended Answer, Third Party Complaint, Counterclaim by Westchester Fire Insurance Company, filed.(Pemberton, Phillip) |
| Filing 48 BRIEF Regarding Public and Private Interest Venue Factors by Texas International Terminals, Ltd., filed. (Attachments: #1 Verification)(Ross, Timothy) |
| Filing 47 MOTION to Strike #43 MOTION for Preliminary Injunction or, In the Alternative, to Stay or Continue Related Deadlines by Polaris Engineering, Inc., filed. Motion Docket Date 2/26/2021. (Attachments: #1 Proposed Order)(Klingensmith, Elizabeth) |
| Filing 46 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION TO DISMISS FOR FAILURE TO PLEAD FRAUD WITH PARTICULARITY, AND MOTION FOR MORE DEFINITE STATEMENT by Polaris Engineering, Inc., filed. Motion Docket Date 2/26/2021. (Attachments: #1 Proposed Order)(Klingensmith, Elizabeth) |
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Filing 45
ORDER - Plaintiff is ORDERED to file its response to defendant's motion for preliminary injunction no later than close of business Tuesday, February 16, 2021. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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| Filing 44 SECOND AMENDED COMPLAINT with Jury Demand against Texas International Terminals, Ltd. filed by Polaris Engineering, Inc.. Related document: #7 First Amended Complaint. (ltien, 4) |
| Filing 43 Application/MOTION for Preliminary Injunction by Texas International Terminals, Ltd., filed. Motion Docket Date 2/16/2021. This document is a duplicate of #42 ; this entry was made for case management purposes. (ltien, 4) |
| Filing 42 SECOND AMENDED ANSWER to #7 First Amended Complaint, THIRD PARTY COMPLAINT against Westchester Fire Insurance Company, COUNTERCLAIM against Polaris Engineering, Inc. by Texas International Terminals, Ltd., filed. (ltien, 4) |
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Filing 41
ORDER GRANTAING #34 MOTION for Leave to File Amended Pleading, GRANTING #37 MOTION for Leave to File Second Amended Complaint, DENYING #35 MOTION to Supplement Motion to Transfer Venue. TXIT isORDERED to submit its briefing no later than fourteen (14) days from the date of this order. Polaris and third-party defendant Westchester Fire Insurance Company (WFIC) are ORDEREDto submit their responses no later than twenty-one (21) days from the date of this order. Eachparty's submission must not exceed ten (10) pages, and no replies will be accepted. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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| Filing 40 REPLY to #35 MOTION to Supplement Motion to Transfer Venue as to #25 Reply, #9 MOTION to Transfer Case to United States District Court for the Southern District of Texas, Galveston Division , filed by Texas International Terminals, Ltd.. (Ross, Timothy) |
| Filing 39 RESPONSE in Opposition to #35 MOTION to Supplement Motion to Transfer Venue as to #25 Reply, #9 MOTION to Transfer Case to United States District Court for the Southern District of Texas, Galveston Division, filed by Polaris Engineering, Inc.. (Klingensmith, Elizabeth) |
| Filing 38 RESPONSE to #34 MOTION for Leave to File Amended Pleading filed by Polaris Engineering, Inc.. (Klingensmith, Elizabeth) |
| Filing 37 MOTION for Leave to File Second Amended Complaint by Polaris Engineering, Inc., filed. Motion Docket Date 2/16/2021. (Attachments: #1 Exhibit Second Amended Complaint, #2 Proposed Order)(Klingensmith, Elizabeth) |
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Filing 36
ORDER - Plaintiff is ORDERED to file its response to defendant's #34 motion for leave to amend and #35 motion to supplement no later than close of business Monday, January 25, 2021.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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| Filing 35 MOTION to Supplement Motion to Transfer Venue as to #25 Reply, #9 MOTION to Transfer Case to United States District Court for the Southern District of Texas, Galveston Division by Texas International Terminals, Ltd., filed. Motion Docket Date 2/5/2021. (Ross, Timothy) |
| Filing 34 MOTION for Leave to File Amended Pleading by Texas International Terminals, Ltd., filed. Motion Docket Date 2/5/2021. (Attachments: #1 Exhibit, #2 Proposed Order)(Ross, Timothy) |
| Filing 33 NOTICE of Appearance by Jonathan T. Sink on behalf of Polaris Engineering, Inc., filed. (Sink, Jonathan) |
| Filing 32 SURREPLY to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Texas International Terminals, Ltd.. (Ross, Timothy) |
| Filing 31 RESPONSE to #9 MOTION to Transfer Case to United States District Court for the Southern District of Texas, Galveston Division , filed by Westchester Fire Insurance Company. (Pemberton, Phillip) |
| Filing 30 REPLY to Response to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Polaris Engineering, Inc.. (Klingensmith, Elizabeth) |
| Filing 29 RESPONSE to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Texas International Terminals, Ltd.. (Ross, Timothy) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT by Westchester Fire Insurance Company identifying Chubb Limited as Corporate Parent, filed.(Pemberton, Phillip) |
| Filing 27 ANSWER to #16 Amended Answer,, Third Party Complaint,, Counterclaim, by Westchester Fire Insurance Company, filed.(Pemberton, Phillip) |
| Filing 26 SURREPLY to #9 MOTION to Transfer Case to United States District Court for the Southern District of Texas, Galveston Division, filed by Polaris Engineering, Inc.. (Klingensmith, Elizabeth) |
| Filing 25 REPLY to #9 MOTION to Transfer Case to United States District Court for the Southern District of Texas, Galveston Division , filed by Texas International Terminals, Ltd.. (Ross, Timothy) |
| Filing 24 RESPONSE in Opposition to #9 MOTION to Transfer Case to United States District Court for the Southern District of Texas, Galveston Division, filed by Polaris Engineering, Inc.. (Attachments: #1 Exhibit Chandler Declaration, #2 Proposed Order)(Klingensmith, Elizabeth) |
| Filing 23 ANSWER to #16 Amended Answer,, Third Party Complaint,, Counterclaim, by Polaris Engineering, Inc., filed.(Klingensmith, Elizabeth) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Polaris Engineering, Inc., filed. Motion Docket Date 12/21/2020. (Attachments: #1 Proposed Order)(Klingensmith, Elizabeth) |
| Filing 21 RETURN of Service of SUMMONS Executed as to Westchester Specialty Insurance Services, Inc. d/b/a Westchester Fire Insurance Company served on 11/13/2020, answer due 12/4/2020, filed.(mmapps, 4) |
| Filing 20 CERTIFICATE OF SERVICE IN A REMOVED ACTION by Polaris Engineering, Inc., filed. (Attachments: #1 Exhibit Certified Mail receipt)(Klingensmith, Elizabeth) |
| Filing 19 NOTICE of Appearance by Hunter M. Barrow on behalf of Texas International Terminals, Ltd., filed. (Barrow, Hunter) |
| Filing 18 NOTICE of Appearance by Andrew J. Clark on behalf of Texas International Terminals, Ltd., filed. (Clark, Andrew) |
| Filing 17 Amended CERTIFICATE OF INTERESTED PARTIES by Texas International Terminals, Ltd., filed.(Ross, Timothy) |
| Filing 16 First AMENDED ANSWER to #7 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand, THIRD PARTY COMPLAINT against Westchester Fire Insurance Company, COUNTERCLAIM against Polaris Engineering, Inc. by Texas International Terminals, Ltd., filed. (Attachments: #1 Exhibit A)(Ross, Timothy) |
| Filing 15 NOTICE of Dismissal as to Westchester Specialty Insurance Services, Inc. d/b/a Westchester Fire Insurance Company by Texas International Terminals, Ltd., filed. (Ross, Timothy) |
| Filing 14 CERTIFICATE OF INTERESTED PARTIES by Texas International Terminals, Ltd., filed.(Ross, Timothy) |
| Filing 13 Summons Issued as to Westchester Specialty Insurance Services, Inc. d/b/a Westchester Fire Insurance Company. Issued summons delivered to third- party plaintiff by NEF, filed.(DawnWaggoner, 4) |
| Filing 12 Request for Issuance of Summons as to Westchester Specialty Insurance Services, Inc. d/b/a Westchester Fire Insurance Company, filed.(Ross, Timothy) |
| Filing 11 ANSWER to #7 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand, THIRD PARTY COMPLAINT against Westchester Specialty Insurance Services, Inc. d/b/a Westchester Fire Insurance Company, COUNTERCLAIM against Polaris Engineering, Inc. by Texas International Terminals, Ltd., filed. (Attachments: #1 Exhibit A)(Ross, Timothy) |
| Filing 10 SEALED EXHIBITS re: #9 MOTION to Transfer Case to United States District Court for the Southern District of Texas, Galveston Division by Texas International Terminals, Ltd., filed. (Attachments: #1 Exhibit A, #2 Exhibit B) (Ross, Timothy) |
| Filing 9 MOTION to Transfer Case to United States District Court for the Southern District of Texas, Galveston Division by Texas International Terminals, Ltd., filed. Motion Docket Date 11/30/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ross, Timothy) |
| Filing 8 CERTIFICATE OF INTERESTED PARTIES by Polaris Engineering, Inc., filed.(Klingensmith, Elizabeth) |
| Filing 7 AMENDED COMPLAINT against Texas International Terminals, Ltd. filed by Polaris Engineering, Inc..(Klingensmith, Elizabeth) |
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Filing 6
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 12/11/2020(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 5
ORDER GRANTING #4 Agreed MOTION for Approval of of Stipulation to Extend Time to File Response to Plaintiff's Pleading (response due 11/9/20)(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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| Filing 4 Agreed MOTION for Approval of of Stipulation to Extend Time to File Response to Plaintiff's Pleading by Texas International Terminals, Ltd., filed. Motion Docket Date 11/5/2020. (Attachments: #1 Proposed Order)(Ross, Timothy) |
| Filing 3 STATEMENT Regarding Removal by Texas International Terminals, Ltd., filed.(Ross, Timothy) |
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Filing 2
Order in Removed Cases. Statement due within ten days. (Signed by Judge Gray H Miller) Parties notified.(JosephWellsadi, 4)
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| Filing 1 NOTICE OF REMOVAL from 281st District Court of Harris County, Texas, case number 2020-60505 (Filing fee $ 400 receipt number 0541-25286881) filed by Texas International Terminals, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Ross, Timothy) |
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