Kennecott UT v. Nucor Corp, et al
Plaintiff: Kennecott Utah Copper
Defendant: Nucor Corporation, GS Industries a Delaware corporation doing business as GST Steel and Moly-Cop Chile S.A.
Consolidated Plaintiff: State of Utah
Case Number: 2:2001cv00062
Filed: January 25, 2001
Court: US District Court for the District of Utah
Presiding Judge: Tena Campbell
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 0025 Clayton Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 15, 2002. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 15, 2002 Filing 45 Notice of voluntary dismissal of dft Nucor Corp without prejudice. (tsh)
February 6, 2002 Opinion or Order Filing 44 STIPULATED Order dismissing action under Rule 41(a)(1): Actions against Moly-Cop Chile dism w/prej; actions against GS dfts dism w/out prej conditioned on Gs dfts giving at least 30 days ntc to plas before selling or disposing of grinding media mfg equip at issue in case. Signed by Judge Tena Campbell, 2/5/02 cc:atty (alt)
February 6, 2002 CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (alt)
February 6, 2002 Case closed per order no. 44 (alt)
October 9, 2001 Filing 43 Minute entry:Counsel present. Status of case given. Mr. Klein states that the sale of the equipment is being hindered by the economic recession. Further status set for 02/06/02 at 4:00 p.m. If the case is not settled by then, the Court will either send the case to the Magistrate for scheduling, or administratively close. further status conference set for 4:00 2/6/02 ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Trisha Little (tl)
August 9, 2001 Filing 42 Minute entry: This case has been stayed while the equipment is for sale. The case should settle in full within a few weeks. The court sets status conference for 10/9/01 @ 2:30 p.m. terminated deadlines , status conference set for 2:30 10/9/01 ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb)
June 13, 2001 Filing 41 Notice of Hearing filed : status conference set for 3:00 8/9/01 To be held before Judge Tena Campbell cc:atty ( Ntc generated by: TB, courtroom deputy) (ksp)
May 3, 2001 Opinion or Order Filing 40 Protective Order, Stipulated to by Kennecott UT Copper and Moly-Cop Chile. Signed by Judge Ronald N. Boyce 5/2/01 cc: atty (alt)
April 30, 2001 Filing 39 Certificate of service by Moly Cop Chile re: Rule 26(a)(1) dcls (alt)
April 27, 2001 Filing 38 Certificate of service by Kennecott UT re: plas' rule 26(A)(1) initial dcls to dft (alt)
April 24, 2001 Filing 37 REPORT of Attorney Planning Meeting (alt)
April 12, 2001 Filing 36 Notice of filing by Kennecott UT: notice of svc of subp served on GS Ind c/o CT Corp, 4/12/01 (ce)
April 6, 2001 Filing 35 Motion by UT to stay any action on its mot/dflt jgm during the pendancy of its 40-day standstill agreement w/dfts GS Ind and Moly-Cop Chile (alt)
April 5, 2001 Filing 34 Certificate of service by Kennecott UT re: pa's 1st set of doc reqs to Moly-Cop Chile (alt)
April 5, 2001 Filing 33 Certificate of service by Kennecott UT re: pla's 1st set of doc reqs to Moly-Cop Chile (alt)
April 4, 2001 Filing 32 Answer by Moly Cop Chile to amended complaint (alt)
March 29, 2001 Opinion or Order Filing 31 Order denying [17-1] motion to quash svc of process, answer due set for 4/4/01 for Moly Cop Chile; ptys to complete Rule 26(f) cnf by 4/5/01 signed by Judge Ronald N. Boyce, 3/28/01 cc:atty (alt)
March 27, 2001 Original Summons from St of UT to GS Ind and GST Steel, stamped w/case no. 2:01cv106G, w/out attached returns: LODGED in file (alt) Modified on 03/28/2001
March 27, 2001 Filing 30 Memorandum by UT in support of [29-1] motion for entry of default as to GS Ind/GST Steel Co (alt)
March 27, 2001 Filing 29 Motion by UT for entry of default as to GS Ind/GST Steel Co (alt)
March 23, 2001 Filing 28 Affidavit of Wayne Klein Re: [28-1] executed summons returned (entitled: St of UT's proof of svc on GS Ind and GST Steel) (alt)
March 21, 2001 Filing 27 Return of summons executed as to Nucor Corp c/o Loreto Jimenez 2/2/01. Summons issued by Kennecott in case where Kennecott dismissed this dft. (alt)
March 21, 2001 Filing 26 Minute entry: denying [17-1] motion to quash svc of process. Matter comes before the Court on Moly Cop's Motion to Quash Service of Process. The Court finds that unless there is specific disadvantage to the dft, the motion as to due process is without merit and denied. With regard to service relevant to the treaty with Chile, Mr. James addresses the Court. Mr. Etcheverry addresses the Court. The Court finds that service under the treaty as mandatory is inaccurate and applicable to Letters Rogatory and does not involve service in this incident. The Court orders that service is appropriate as to giving dft notice. The motion is denied. Mr. James is to prepare the order. Cnsl are ordered to prepare an agreed upon planning report and submit it to the Court no later than 4/5/01. If ptys cannot agree on a schedule, they are to contact Judge Alba's secretary to set up a hearing for further orders of the Court. Judge: Ronald N. Boyce Court Reporter: Electronic Tape No.: 2039 Log No.: 5426-6761 Court Deputy: Kathi Murray
March 15, 2001 Filing 25 Reply by Moly Cop Chile to response to [17-1] motion to quash svc of process (ce)
March 15, 2001 Filing 24 Magistrate Notice of Hearing Motion hearing set for 3:00 3/21/01 for [17-1] motion to quash svc of process To be held before Judge Boyce cc:atty (Ntc generated by: RNB's secy, KS) (alt)
March 13, 2001 Filing 23 Memorandum by Kennecott UT in opposition to [17-1] motion to quash svc of process (alt)
March 13, 2001 Filing 22 Case referred to Judge Ronald N. Boyce cc: atty (alt)
March 13, 2001 Opinion or Order Filing 21 Order of Reference signed by TC 3/12/01, 636(b)(1)(A). Mag Judge RNB to hear and determine all nondispositive pretrial matters. cc: atty (alt)
March 13, 2001 Opinion or Order Filing 20 Order granting [10-1] motion to consolidate cases 2:01cv62 with 2:01cv106, involving same dfts signed by Judge Tena Campbell, 3/13/01 cc:atty (alt)
March 13, 2001 Case referred to magistrate under 28:636(b)(1)(A). (alt)
March 13, 2001 (alt)
March 12, 2001 Filing 19 Minute entry: The court grants motion to consolidate case 01-C-106B with this case. Mr. Etcheverry may need a hearing on preliminary injunction at a later date. Mr. Klein is hoping to resolve this case with a consent decree. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb)
March 7, 2001 Filing 18 Memorandum by Moly Cop Chile in support of [17-1] motion to quash svc of process (alt)
March 7, 2001 Filing 17 Motion by Moly Cop Chile to quash svc of process (alt)
February 28, 2001 Filing 16 Notice of filing of Bankruptcy/Advisory of Automatic Stay by defendant GS Ind, defendant Moly Cop Chile (alt)
February 22, 2001 Return of service of summons w/out original return of service as to GS Industries (amd cmp) (alt)
February 20, 2001 Filing 15 Minute entry: The court discusses pending motions with counsel. Counsel for associated case (01-C-102G) are present and have filed a motion to consolidate their case with this case. No ruling is made on motion to consolidate. Counsel are to respond by 3/2/01. Counsel for Moly-Cop state they will not remove equipment prior to this matter being heard by the court. Counsel are to meet and stipulate to an agreement regarding the equipment. The court sets status conference for 3/12/01 @ 2:30 p.m. status conference set for 2:30 3/12/01 ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb)
February 20, 2001 Filing 14 Return of service executed on dft and Moly-Cop Chile, S.A. in both English and Spanish (ksp)
February 20, 2001 Filing 13 Notice of Hearing filed by plaintiff Kennecott UT: Status Report and Scheduling Conference set for 2:00 2/20/01 To be held before Judge TC cc:atty (Ntc generated by: Pla's Atty) (alt)
February 20, 2001 Filing 12 Return of summons executed as to GS Ind c/o Amy Sanderford 2/5/01. Answer to amd cmp due on 2/26/01 for GS Ind (alt)
February 14, 2001 Filing 11 Memorandum by UT in support of [10-1] motion to consolidate cases 2:01cv62 with 2:01cv106, involving same dfts (alt)
February 14, 2001 Filing 10 Motion by UT to consolidate cases 2:01cv62 with 2:01cv106, involving same dfts (alt)
February 12, 2001 Filing 9 NTC of recusal of Judge Ted Stewart and reassignment to Judge Tena Campbell. cc: atty (alt) Modified on 02/13/2001
February 7, 2001 Filing 8 Return of summons executed as to GS Ind (also 2nd ret of svc made out as to -GS Industries Inc dba GST Steel Co): only GS Ind pty on case (alt)
February 6, 2001 Filing 7 Notice of voluntary dismissal w/out prej (alt)
February 2, 2001 Filing 6 Amended complaint by Kennecott UT, added party(ies): Moly Cop Chile. Amends [1-1] complaint (alt)
January 30, 2001 Case reassigned to Judge Tena Campbell (alt)
January 30, 2001 Memo of recusal signed by Judge Ted Stewart, 1/29/01 (alt)
January 25, 2001 Filing 5 Memorandum by Kennecott UT in support of [4-1] motion for expedited discovery (admin)
January 25, 2001 Filing 4 Motion by Kennecott UT for expedited discovery in connection with its motion for TRO and Preliminary Injunction (admin)
January 25, 2001 Filing 3 Memorandum by Kennecott UT in support of [2-1] motion for temporary restraining order, [2-2] motion for preliminary injunction (admin)
January 25, 2001 Filing 2 Motion by Kennecott UT for temporary restraining order , and for preliminary injunction to enjoin violation of the Clayton Act (admin)
January 25, 2001 Filing 1 Complaint filed, assigned to Judge Ted Stewart Receipt no.: 110139 (admin)

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Plaintiff: Kennecott Utah Copper
Represented By: Raymond J. Etcheverry
Represented By: Catherine Agnoli
Represented By: David G. Mangum
Represented By: Mark A. Glick
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Consolidated plaintiff: State of Utah
Represented By: Wayne Klein
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Defendant: Nucor Corporation
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Defendant: GS Industries a Delaware corporation doing business as GST Steel
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Defendant: Moly-Cop Chile S.A.
Represented By: Brent O. Hatch
Represented By: Raymond J. Etcheverry
Represented By: Catherine Agnoli
Represented By: David G. Mangum
Represented By: Mark A. Glick
Represented By: Mark F James
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