PEMMCO MANUFACTURING, INC. v. APPALACHIAN CAST PRODUCTS, INC.
| PEMMCO MANUFACTURING, INC. |
| APPALACHIAN CAST PRODUCTS, INC. and Appalachian Cast Products, Inc. d/b/a Appalachian Cast Products |
| ACP, LLC d/b/a Appalachian Cast Products |
| 1:2023cv00056 |
| December 13, 2023 |
| US District Court for the Western District of Virginia |
| James P Jones |
| Pamela Meade Sargent |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 45 ANSWER to #37 Amended Complaint , COUNTERCLAIM against PEMMCO MANUFACTURING, INC. by Appalachian Cast Products, Inc. d/b/a Appalachian Cast Products, ACP, LLC d/b/a Appalachian Cast Products.(Rauh-Bieri, Amanda) |
Filing 44
ORDER granting #42 Motion for Extension of Time to Answer Plaintiff's First Amended Complaint. Defendants' response to Plaintiff's Amended Complaint due 2/5/2024. Signed by US Magistrate Judge Pamela Meade Sargent on 1/16/2024. (rb)
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| Filing 43 NOTICE of Appearance by Sarah Fulton Hutchins on behalf of All Defendants (Hutchins, Sarah) |
| Filing 42 MOTION for Extension of Time to File Answer by ACP, LLC d/b/a Appalachian Cast Products, APPALACHIAN CAST PRODUCTS, INC., Appalachian Cast Products, Inc. d/b/a Appalachian Cast Products. Motions referred to Judge Pamela Meade Sargent. (Rauh-Bieri, Amanda) |
| Filing 41 NOTICE of Appearance by Christopher J. Schneider on behalf of All Defendants (Schneider, Christopher) |
| Filing 40 NOTICE of Appearance by Amanda Rauh-Bieri on behalf of All Defendants (Rauh-Bieri, Amanda) |
| Filing 39 WAIVER OF SERVICE Returned Executed by PEMMCO MANUFACTURING, INC.. ACP, LLC d/b/a Appalachian Cast Products waiver sent on 1/5/2024, answer due 3/5/2024.(Hubbard, William) |
| Filing 38 WAIVER OF SERVICE Returned Executed by PEMMCO MANUFACTURING, INC.. Appalachian Cast Products, Inc. d/b/a Appalachian Cast Products waiver sent on 1/5/2024, answer due 3/5/2024.(Hubbard, William) |
| Filing 37 AMENDED COMPLAINT against ACP, LLC d/b/a Appalachian Cast Products, Appalachian Cast Products, Inc. d/b/a Appalachian Cast Products, filed by PEMMCO MANUFACTURING, INC..(Hubbard, William) |
| Filing 36 NOTICE of Appearance by Amanda Rauh-Bieri on behalf of APPALACHIAN CAST PRODUCTS, INC. (Rauh-Bieri, Amanda) |
| Filing 35 NOTICE of Appearance of Counsel by John T Benjamin, Jr on behalf of PEMMCO MANUFACTURING, INC. (Benjamin, John) |
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Filing 34
ORDER granting #32 Joint MOTION for Extension of Time to File Answer and denying as moot #10 Motion to Dismiss for Lack of Jurisdiction. Signed by US Magistrate Judge Pamela Meade Sargent on 12/27/2023. (flc)
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| Filing 33 NOTICE of Appearance of Counsel by William E. Hubbard on behalf of PEMMCO MANUFACTURING, INC. (Hubbard, William) |
| Filing 32 Joint MOTION for Extension of Time to File Answer and to Dismiss Defendant's Motion to Dismiss for Lack of Jurisdiction as Moot by APPALACHIAN CAST PRODUCTS, INC.. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order Proposed Order)(Hutchins, Sarah) |
| Filing 31 NOTICE of Appearance by Christopher J. Schneider on behalf of APPALACHIAN CAST PRODUCTS, INC. (Schneider, Christopher) |
| Filing 30 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (ham) |
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Filing 29
ORDER granting #24 MOTION to Appear Pro Hac Vice as to John T. Benjamin, Jr.. Signed by US Magistrate Judge Pamela Meade Sargent on 12/20/2023. (flc)
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Filing 28
ORDER granting #23 MOTION to Appear Pro Hac Vice as to William E. Hubbard. Signed by US Magistrate Judge Pamela Meade Sargent on 12/20/2023. (flc)
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Filing 27
ORDER granting #19 MOTION to Appear Pro Hac Vice as to Christopher J. Schneider. Signed by US Magistrate Judge Pamela Meade Sargent on 12/20/2023. (flc)
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Filing 26
ORDER granting #18 MOTION to Appear Pro Hac Vice as to Amanda L. Rauh-Bieri. Signed by US Magistrate Judge Pamela Meade Sargent on 12/20/2023. (flc)
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| Filing 25 Positive Corporate Disclosure Statement by APPALACHIAN CAST PRODUCTS, INC. identifying Corporate Parent Premier Engineered Products, LLC for APPALACHIAN CAST PRODUCTS, INC.. (Hutchins, Sarah) (Main Document 25 replaced on 12/20/2023) (ham). Modified on 12/20/2023 - Replaced deficient PDF with flattened PDF (ham). |
| Filing 24 MOTION for John T. Benjamin, Jr. to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4325773. by PEMMCO MANUFACTURING, INC.. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Text of Proposed Order)(Bell, Cameron) |
| Filing 23 MOTION for William E. Hubbard to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4325763. by PEMMCO MANUFACTURING, INC.. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Text of Proposed Order)(Bell, Cameron) |
| Filing 22 Positive Corporate Disclosure Statement by PEMMCO MANUFACTURING, INC. identifying Corporate Parent PEM Holdings, Inc. for PEMMCO MANUFACTURING, INC.. (Bell, Cameron) |
| Filing 21 NOTICE of Appearance by Cameron Scott Bell on behalf of PEMMCO MANUFACTURING, INC. (Bell, Cameron) |
| Filing 20 Notice of Filing Requirement to APPALACHIAN CAST PRODUCTS, INC. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (ham) |
| Filing 19 MOTION for Christopher J. Schneider to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4325188. by APPALACHIAN CAST PRODUCTS, INC.. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Hutchins, Sarah) |
| Filing 18 MOTION for Amanda L. Rauh-Bieri to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4325179. by APPALACHIAN CAST PRODUCTS, INC.. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Hutchins, Sarah) |
| Filing 17 NOTICE of Appearance by Sarah Fulton Hutchins on behalf of APPALACHIAN CAST PRODUCTS, INC. (Hutchins, Sarah) |
| Filing 16 Case transferred in from District of North Carolina Middle; Case Number 1:23-cv-00831. Original file certified copy of transfer order and docket sheet received. Modified on 12/15/2023 to correct filing date(flc). |
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Filing 15
ORDER signed by JUDGE THOMAS D. SCHROEDER on 12/12/2023; that the joint motion to transfer venue is GRANTED and that this case be TRANSFERRED to the United States District Court for the Western District of Virginia. (sh) [Transferred from North Carolina Middle on 12/15/2023.]
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| Motion Submitted to JUDGE THOMAS D. SCHROEDER: #14 Joint MOTION to Transfer Case to Western District of Virginia. (ae) [Transferred from North Carolina Middle on 12/15/2023.] |
| Case Reassigned to JUDGE THOMAS D. SCHROEDER. UNASSIGNED no longer assigned to the case. (km) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 14 Joint MOTION to Transfer Case to Western District of Virginia by APPALACHIAN CAST PRODUCTS, INC. Response to Motion due by 12/22/2023. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Transfer Venue)(SCHNEIDER, CHRISTOPHER) [Transferred from North Carolina Middle on 12/15/2023.] |
| TEXT ORDER granting #12 Consent Motion for Extension of Time to Respond to Defendant's Motion to Dismiss for Lack of Personal Jurisdiction. For good cause shown, Plaintiff shall have up to and including December 11, 2023, within which to file a Response to Defendant's Motion to Dismiss for Lack of Personal Jurisdiction. Issued by MAG/JUDGE JOE L. WEBSTER on 11/15/2023.(pl) [Transferred from North Carolina Middle on 12/15/2023.] |
| Reset Response Deadline re #10 MOTION to Dismiss for Lack of Jurisdiction. Response to Motion due by 12/11/2023. (sh) [Transferred from North Carolina Middle on 12/15/2023.] |
| Motions Referred: RE: #12 Consent MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss for Lack of Jurisdiction , to MAG/JUDGE JOE L. WEBSTER (kg) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 13 Corporate Disclosure Statement identifying Corporate Parent PEM Holdings, Inc. for PEMMCO MANUFACTURING, INC. (HUBBARD, WILLIAM) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 12 Consent MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss for Lack of Jurisdiction by PEMMCO MANUFACTURING, INC.. (Attachments: #1 Text of Proposed Order)(HUBBARD, WILLIAM) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 11 BRIEF re #10 MOTION to Dismiss for Lack of Jurisdiction by Defendant APPALACHIAN CAST PRODUCTS, INC. filed by APPALACHIAN CAST PRODUCTS, INC.. (Attachments: #1 Exhibit One, #2 Exhibit Two, #3 Exhibit Three)(SCHNEIDER, CHRISTOPHER) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by APPALACHIAN CAST PRODUCTS, INC.. Response to Motion due by 11/20/2023 (SCHNEIDER, CHRISTOPHER) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 9 NOTICE of Special Appearance by attorney CHRISTOPHER J. SCHNEIDER on behalf of Defendant APPALACHIAN CAST PRODUCTS, INC. ( Filing fee $ 25 receipt number ANCMDC-3679419.) (SCHNEIDER, CHRISTOPHER) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 8 NOTICE of Special Appearance by attorney ROBERT HARDING on behalf of Defendant APPALACHIAN CAST PRODUCTS, INC. ( Filing fee $ 25 receipt number ANCMDC-3678925.) (HARDING, ROBERT) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 7 Consent MOTION for Extension of Time to File Answer re #5 Complaint, by APPALACHIAN CAST PRODUCTS, INC.. (Attachments: #1 Text of Proposed Order)(GOLDSTICKER, MICHAEL) [Transferred from North Carolina Middle on 12/15/2023.] |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Bowers, Alexis) [Transferred from North Carolina Middle on 12/15/2023.] |
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ORDER granting #7 Motion for Extension of Time to Answer for APPALACHIAN CAST PRODUCTS, INC. Answer due by 10/30/2023. Signed by John Brubaker, Clerk of Court, on 10/2/2023. (Brubaker, John) [Transferred from North Carolina Middle on 12/15/2023.]
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| Filing 6 Summons Issued as to APPALACHIAN CAST PRODUCTS, INC. (State Court document originally filed in Randolph County Superior Court, case number: 23CVS1743, issued August 25, 2023, docketed as Exhibit 1 to #1 Petition for Removal) (Garland, Leah) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 5 COMPLAINT against APPALACHIAN CAST PRODUCTS, INC., filed by PEMMCO MANUFACTURING, INC. (State Court document originally filed in Randolph County Superior Court, case number 23CVS1743, docketed at Exhibit 2 to #1 Petition for Removal) (Garland, Leah) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 4 NOTICE of Attorney Appearance by attorney CHARLES E. RAYNAL, IV on behalf of Defendant Appalachian Cast Products, Inc. (RAYNAL, CHARLES) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 3 NOTICE of Attorney Appearance by attorney MICHAEL GOLDSTICKER on behalf of Defendant Appalachian Cast Products, Inc. (GOLDSTICKER, MICHAEL) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 2 Corporate Disclosure Statement. (GOLDSTICKER, MICHAEL) [Transferred from North Carolina Middle on 12/15/2023.] |
| Filing 1 PETITION FOR REMOVAL against PEMMCO Manufacturing, Inc. ( Filing fee $ 402 receipt number ANCMDC-3662819.), filed by Appalachian Cast Products, Inc.. (Attachments: #1 Exhibit 1 - State Court Summons, #2 Exhibit 2 - State Court Complaint, #3 Civil Cover Sheet)(GOLDSTICKER, MICHAEL) [Transferred from North Carolina Middle on 12/15/2023.] |
| CASE REFERRED to Standing Order 30. (Garland, Leah) [Transferred from North Carolina Middle on 12/15/2023.] |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOE L. WEBSTER. (Garland, Leah) [Transferred from North Carolina Middle on 12/15/2023.] |
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