Fifteen Twenty-One Second Avenue Condominium Association v. Viracon LLC et al
| Fifteen Twenty-One Second Avenue Condominium Association |
| Viracon, LLC, Apogee Enterprises, Inc., Quanex IG Systems, Inc., Insulating Glass Certification Council, Inc., Viracon LLC, Apogee Enterprises Inc, Quanex IG Systems Inc, Insulating Glass Certification Council and Does 1-20 |
| 2:2023cv01999 |
| December 28, 2023 |
| US District Court for the Western District of Washington |
| Barbara J Rothstein |
| Contract Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Account Receivable |
| None |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 47
ORDER re #44 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Natalie I Uhlemann for DEFENDANTS Apogee Enterprises Inc and Viracon LLC, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG)
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Filing 46
MINUTE ORDER: the Court STRIKES the parties' #38 & #39 Status Reports and sets a new deadline to file a Joint Status Report seven (7) days after the #30 Motion to Remand is ruled on if necessary. Authorized by Judge Barbara J. Rothstein. (NAW)
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| Filing 45 NOTICE of Joinder JOINING #43 Response to Motion, by Defendant Insulating Glass Certification Council. (Copenhaver, Stephen) |
| Filing 44 APPLICATION OF ATTORNEY Natalie I. Uhlemann FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Viracon LLC (Fee Paid) Receipt No. AWAWDC-8357460 (Cressman, Paul) |
| Filing 43 RESPONSE, by Defendant Quanex IG Systems Inc, to #30 MOTION to Remand . (Fisher, Eric) |
| Filing 42 NOTICE of Joinder JOINING #40 Response to Motion, by Defendant Insulating Glass Certification Council. (Copenhaver, Stephen) |
| Filing 41 MOTION to Dismiss Plaintiff's 1st Amended Complaint, filed by Defendant Quanex IG Systems Inc. (Fisher, Eric) |
| Filing 40 RESPONSE, by Defendants Apogee Enterprises Inc, Viracon LLC, to #30 MOTION to Remand . (Nystrom, Eric) |
| Filing 39 STATUS REPORT by Defendants Apogee Enterprises Inc, Insulating Glass Certification Council, Quanex IG Systems Inc, Viracon LLC (Cressman, Paul) |
| Filing 38 STATUS REPORT by Plaintiff Fifteen Twenty-One Second Avenue Condominium Association (Gonzalez, Erik) |
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Filing 37
ORDER granting Parties' #36 Stipulated MOTION for Extension of Time for Defendants to File Responses to First Amended Complaint Until Motion to Remand is Resolved. Defendants' deadline to file their respective responses to Plaintiffs' First Amended Complaint under Fed. R. Civ. P. Rule 15(a)(3) is extended until twenty-one (21) days after the Court's notice of entry of order on Plaintiff's Motion to Remand. The Motions to Dismiss, Dkt. Nos. #11 , #13 , #14 , and #19 , are hereby stricken as moot with leave to refile. Signed by Judge Barbara J. Rothstein. (SB)
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| Filing 36 Stipulated MOTION for Extension of Time, filed by Plaintiff Fifteen Twenty-One Second Avenue Condominium Association. (Attachments: #1 Proposed Order)(Gonzalez, Erik) |
| Filing 35 DECLARATION of Bruce Schultz filed by Plaintiff Fifteen Twenty-One Second Avenue Condominium Association re #30 MOTION to Remand (Gonzalez, Erik) |
| Filing 34 DECLARATION of Robert Shaw filed by Plaintiff Fifteen Twenty-One Second Avenue Condominium Association re #30 MOTION to Remand (Gonzalez, Erik) |
| Filing 33 DECLARATION of Amanda Templeman filed by Plaintiff Fifteen Twenty-One Second Avenue Condominium Association re #30 MOTION to Remand (Gonzalez, Erik) |
| Filing 32 DECLARATION of Stephan O. Fjelstad filed by Plaintiff Fifteen Twenty-One Second Avenue Condominium Association re #30 MOTION to Remand (Gonzalez, Erik) |
| Filing 31 DECLARATION of Erik Gonzalez filed by Plaintiff Fifteen Twenty-One Second Avenue Condominium Association re #30 MOTION to Remand (Gonzalez, Erik) |
| Filing 30 MOTION to Remand , filed by Plaintiff Fifteen Twenty-One Second Avenue Condominium Association. Oral Argument Requested. (Attachments: #1 Proposed Order)(Gonzalez, Erik) |
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Filing 29
ORDER granting in part Plaintiff's #24 Motion to Extend Briefing Schedule. Briefing and consideration of the Motions to Dismiss are stayed as of the date of this Order. Plaintiff shall file its Motion to Remand on or before 1/29/2024. Briefing on that motion shall follow the guidelines set out in the Court's Standing Order. The stay of the Motions to Dismiss shall expire on the date the Court rules on the Motion to Remand. Plaintiff's request that the Court stay the Motions to Dismiss pending the filing and consideration of a Motion for Jurisdictional Discovery is denied. Signed by Judge Barbara J. Rothstein. (SB)
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| Filing 28 RESPONSE, by Plaintiff Fifteen Twenty-One Second Avenue Condominium Association, to #19 MOTION to Dismiss for Lack for Personal Jurisdiction, #14 MOTION to Dismiss Pursuant to Federal Rules 12(b)(2), 12(b)(6), and 9(b), #13 MOTION to Dismiss Pursuant to Rules 12(b)(6) and 9(B), #11 MOTION to Dismiss for Failure to State a Claim . (Gonzalez, Erik) |
| Filing 27 AMENDED COMPLAINT against All Defendants filed by Fifteen Twenty-One Second Avenue Condominium Association.(Gonzalez, Erik) |
| Filing 26 NOTICE of Joinder JOINING #25 Response to Motion, by Defendant Insulating Glass Certification Council. (Copenhaver, Stephen) |
| Filing 25 RESPONSE, by Defendants Apogee Enterprises Inc, Viracon LLC, to #24 MOTION for Extension of Time to Extend the Briefing Schedule or Stay Briefing on Current Motions Until the Court Rules on Subject Matter Jurisdiction. (Ekman, John) |
| Filing 24 MOTION for Extension of Time to Extend the Briefing Schedule or Stay Briefing on Current Motions Until the Court Rules on Subject Matter Jurisdiction, filed by Plaintiff Fifteen Twenty-One Second Avenue Condominium Association. (Attachments: #1 Proposed Order)(Gonzalez, Erik) |
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Filing 23
ORDER re #21 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John C Ekman for DEFENDANTS Apogee Enterprises Inc and Viracon LLC, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG)
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Filing 22
ORDER re #20 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Eric J Nystrom for DEFENDANTS Apogee Enterprises Inc and Viracon LLC, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG)
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| Filing 21 APPLICATION OF ATTORNEY John C. Ekman FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Apogee Enterprises Inc, Viracon LLC (Fee Paid) Receipt No. AWAWDC-8303726 (Cressman, Paul) |
| Filing 20 APPLICATION OF ATTORNEY Eric J. Nystrom FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Apogee Enterprises Inc, Viracon LLC (Fee Paid) Receipt No. AWAWDC-8303707 (Cressman, Paul) |
| Filing 19 MOTION to Dismiss for Lack for Personal Jurisdiction, filed by Defendant Insulating Glass Certification Council. Oral Argument Requested. (Attachments: #1 Exhibit 1 - Decl. of John G. Kent)(Copenhaver, Stephen) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Insulating Glass Certification Council. (Copenhaver, Stephen) |
| Filing 17 NOTICE of Appearance by attorney Stephen M Copenhaver on behalf of Defendant Insulating Glass Certification Council. (Copenhaver, Stephen) |
| Filing 16 NOTICE of Appearance by attorney Paul R Cressman, Jr on behalf of Defendants Apogee Enterprises Inc, Viracon LLC. (Cressman, Paul) |
| Filing 15 DECLARATION of Meghan M. Elliott filed by Defendant Apogee Enterprises Inc re #14 MOTION to Dismiss Pursuant to Federal Rules 12(b)(2), 12(b)(6), and 9(b) (Cressman, Paul) |
| Filing 14 MOTION to Dismiss Pursuant to Federal Rules 12(b)(2), 12(b)(6), and 9(b), filed by Defendant Apogee Enterprises Inc. Oral Argument Requested. (Attachments: #1 Proposed Order Granting Apogee Enterprises' Motion to Dismiss)(Cressman, Paul) |
| Filing 13 MOTION to Dismiss Pursuant to Rules 12(b)(6) and 9(B), filed by Defendant Viracon LLC. Oral Argument Requested. (Attachments: #1 Proposed Order Granting Viracon's Motion to Dismiss)(Cressman, Paul) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Quanex North American Fenestration, LLC, Corporate Parent Quanex Building Products Corporation for Quanex IG Systems Inc. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Quanex IG Systems Inc. (Fisher, Eric) |
| Filing 11 MOTION to Dismiss for Failure to State a Claim , filed by Defendant Quanex IG Systems Inc. (Fisher, Eric) |
| Filing 10 NOTICE of Appearance by attorney Eric S Fisher on behalf of Defendant Quanex IG Systems Inc. (Fisher, Eric) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Apogee Enterprises, Inc. for Viracon LLC. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Apogee Enterprises Inc, Viracon LLC. (Cressman, Paul) |
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Filing 8
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT FRCP 26(f) Conference Deadline is 1/31/2024, Initial Disclosure Deadline is 2/7/2024, Joint Status Report due by 2/14/2024. Signed by Judge Barbara J. Rothstein. (NAW)
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Filing 7
STANDING ORDER FOR ALL CIVIL CASES by Judge Barbara J. Rothstein. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. (NAW)
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| Filing 6 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Barbara J. Rothstein for all further proceedings. Magistrate Judge David W. Christel no longer assigned to case, by Clerk, Ravi Subramanian. (KEB) |
| Filing 5 NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 1/5/2024. Please Note: Forms must not be electronically filed with the Court. (KEB) |
| Filing 4 CIVIL COVER SHEET re #1 Notice of Removal,, ; filed by Defendants Apogee Enterprises Inc, Insulating Glass Certification Council, Quanex IG Systems Inc, Viracon LLC. (Cressman, Paul) |
| Filing 3 LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (RE) |
| Filing 2 Notice of Filing Deficiency ***Action Required*** Pro Hac Vice Admission, Civil Cover Sheet Omitted.See attached letter for more information and instructions. (RE) |
| NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Plaintiff(s) Fifteen Twenty-One Second Avenue Condominium Association and Defendant(s) Viracon LLC, Apogee Enterprises Inc, Quanex IG Systems Inc, and Insulating Glass Certification Council must file a Corporate Disclosure Statement by 1/5/2024. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (RE) |
| Judge David W. Christel added. (RE) |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 23-2-23997-1 SEA; (Receipt # AWAWDC-8294208) Attorney Paul R Cressman, Jr added to party Apogee Enterprises, Inc.(pty:dft), Attorney Paul R Cressman, Jr added to party Insulating Glass Certification Council, Inc. (pty:dft), Attorney Paul R Cressman, Jr added to party Quanex IG Systems, Inc.(pty:dft), Attorney Paul R Cressman, Jr added to party Viracon, LLC(pty:dft) filed by Quanex IG Systems, Inc., Apogee Enterprises, Inc., Viracon, LLC, Insulating Glass Certification Council, Inc.. (Attachments: #1 Complaint Summons, Complaint, Case Schedule, #2 Exhibit Declaration of John G. Kent, #3 Exhibit Declaration of Seth Madole)(Cressman, Paul) |
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