Sogefi USA, Inc. v. Interplex Sunbelt, Inc. et al
| Sogefi USA, Inc. |
| Interplexico Manufacturing Company, S.A. de C.V. and Interplex Sunbelt, Inc. |
| 3:2021cv00262 |
| April 22, 2021 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Robert C Chambers |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.
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| Filing 51 ANSWER AND AFFIRMATIVE DEFENSES to #39 First Amended Complaint by Interplex Sunbelt, Inc. (Whitlatch, Randal) |
| Filing 50 PROOF OF SERVICE for Interplexico Manufacturing Company, S.A. de C.V., Interplexico Manufacturing Company, S.A. de C.V. served on 6/11/2021, answer due 7/2/2021. (Woodyard, Megan) |
Filing 49
ORDER granting Defendant Interplexico Manufacturing Company, S.A. de C.V.'s #48 CONSENT MOTION Regarding Service of Original Process; directing that Interplexico Manufacturing Company ("IMX") has consented to the service of original process in this case, which shall be accomplished via email delivery to all counsel of record upon entry of this Order; further directing that IMX's response to Plaintiff's #39 First Amended Complaint is due forty-five (45) days from the date of this Order; denying as moot Plaintiff's #42 MOTION for Alternate Service on Defendant Interplex Mexico. Signed by Judge Robert C. Chambers on 6/11/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 48 CONSENT MOTION by Interplexico Manufacturing Company, S.A. de C.V. Regarding Service of Original Process. (Attachment: #1 Proposed Order)(Whitlatch, Randal) |
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Filing 47
ORDER denying Defendant Interplex Mexico's #33 EMERGENCY MOTION to Dissolve Preliminary Injunction; denying as moot Defendant Interplex Mexico's #35 MOTION for Oral Argument and #36 EMERGENCY MOTION to Stay Preliminary Injunction Order. Signed by Judge Robert C. Chambers on 6/8/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 46
ORDER denying as moot #28 MOTION by Interplex Sunbelt, Inc. to Dismiss for Failure to State a Claim. Signed by Judge Robert C. Chambers on 6/7/2021. (cc: attys; any unrepresented parties) (mkw)
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Filing 45
ORDER regarding the #42 MOTION by Sogefi USA, Inc. for Alternate Service on Defendant Interplex Mexico; directing Interplexico Manufacturing Company, S.A. de C.V. to file any response to the motion by 6/10/2021; Sogefi shall have until 6/14/2021 to file a reply memorandum. Signed by Judge Robert C. Chambers on 6/7/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 44 AFFIDAVIT of Juan de Dios Zuniga Lara, dated June 4, 2021, filed on behalf of Interplexico Manufacturing Company, S.A. de C.V. re: #41 Reply to Response. (Arceneaux, Webster) |
| Filing 43 MEMORANDUM by Sogefi USA, Inc. in support of #42 MOTION by Sogefi USA, Inc. for Alternate Service on Defendant Interplex Mexico. (Brady, Michael) |
| Filing 42 MOTION by Sogefi USA, Inc. for Alternate Service on Defendant Interplex Mexico. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brady, Michael) |
| Filing 41 REPLY by Interplexico Manufacturing Company, S.A. de C.V. to #40 Response In Opposition. (Whitlatch, Randal) |
| Filing 40 RESPONSE by Sogefi USA, Inc. in opposition to #36 EMERGENCY MOTION by Interplexico Manufacturing Company, S.A. de C.V. to Stay Preliminary Injunction Order and #33 EMERGENCY MOTION by Interplexico Manufacturing Company, S.A. de C.V. to Dissolve Preliminary Injunction. (Attachment: #1 Exhibit 1- Gregory Declaration)(Brady, Michael) |
| Filing 39 FIRST AMENDED COMPLAINT by Sogefi USA, Inc. against Interplex Sunbelt, Inc., Interplexico Manufacturing Company, S.A. de C.V. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (jsa) |
| Filing 38 RESPONSE by Sogefi USA, Inc. in opposition to #28 MOTION by Interplex Sunbelt, Inc. to Dismiss for Failure to State a Claim. (Attachment: #1 Exhibit 1 - First Amended Complaint)(Brady, Michael) |
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Filing 37
ORDER directing Plaintiff to file any responses to Defendant Interplexico Manufacturing Company, S.A. de C.V.'s #33 EMERGENCY MOTION to Dissolve Preliminary Injunction and #36 EMERGENCY MOTION to Stay Preliminary Injunction Order by Thursday, 6/3/2021, at 12:00 PM; Defendant Interplexico Manufacturing Company, S.A. de C.V. shall have until Friday, 6/4/2021, at 12:00 PM to file any replies. Signed by Judge Robert C. Chambers on 6/1/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 36 EMERGENCY MOTION by Interplexico Manufacturing Company, S.A. de C.V. to Stay Preliminary Injunction Order. (Attachment: #1 Proposed Order)(Whitlatch, Randal) |
| Filing 35 REQUEST/MOTION by Interplexico Manufacturing Company, S.A. de C.V. for Oral Argument, re: #33 EMERGENCY MOTION to Dissolve Preliminary Injunction and #36 EMERGENCY MOTION to Stay. (Attachment: #1 Proposed Order)(Whitlatch, Randal) (Modified on 6/1/2021 to add link to #33 motion and #36 motion) (mkw) |
| Filing 34 MEMORANDUM OF LAW by Interplexico Manufacturing Company, S.A. de C.V. in support of #33 EMERGENCY MOTION by Interplexico Manufacturing Company, S.A. de C.V. to Dissolve Preliminary Injunction. (Attachment: #1 Affidavit of Juan De Dios Zuniga Lara)(Whitlatch, Randal) |
| Filing 33 EMERGENCY MOTION by Interplexico Manufacturing Company, S.A. de C.V. to Dissolve Preliminary Injunction. (Attachment: #1 Proposed Order)(Whitlatch, Randal) |
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Filing 32
ORDER AND NOTICE: Rule 12(b) Motions - 6/8/2021. Rule 26(f) Meeting - 6/21/2021. Last day to file report of Rule 26(f) Meeting - 6/28/2021. Scheduling/status conference at 11:30 AM on 7/12/2021 in Huntington. Entry of Scheduling Order - 7/19/2021. Last Day to make Rule 26(a)(1) disclosures - 7/26/2021. Signed by Judge Robert C. Chambers on 5/19/2021. (cc: counsel of record; any unrepresented parties) (mkw)
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| Filing 31 NOTICE OF ATTORNEY APPEARANCE by Randal M. Whitlatch on behalf of Interplex Sunbelt, Inc., Interplexico Manufacturing Company, S.A. de C.V. (Whitlatch, Randal) |
| Filing 30 PROPOSED ORDER Granting Motion to Dismiss by Interplex Sunbelt, Inc. (Arceneaux, Webster) |
| Filing 29 MEMORANDUM OF LAW by Interplex Sunbelt, Inc. in support of #28 MOTION by Interplex Sunbelt, Inc. to Dismiss for Failure to State a Claim. (Arceneaux, Webster) |
| Filing 28 MOTION by Interplex Sunbelt, Inc. to Dismiss for Failure to State a Claim. (Arceneaux, Webster) |
| Filing 27 TRANSCRIPT OF PROCEEDINGS of Motion Hearing held on May 4, 2021, before Judge Robert C. Chambers. Court Reporter Kathy Swinhart, Telephone number 304-528-7583. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 5/20/2021. Redaction Request due 6/1/2021. Redacted Transcript Deadline set for 6/10/2021. Release of Transcript Restriction set for 8/9/2021. (kls) |
| Filing 26 RECEIPT NO. HUNT004804 in the amount of $100.00 by Steptoe and Johnson on behalf of Plaintiff Sogefi; for security as directed in the #25 Memorandum Opinion and Order. (jsa) |
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Filing 25
MEMORANDUM OPINION AND ORDER granting Plaintiff's #2 MOTION for Preliminary Injunction; Defendant Interplexico Manufacturing Company, S.A. de C.V., is preliminarily ENJOINED from violating its contractual obligations by continuing to miss delivery deadlines of automotive components to Sogefi under the Agreement and the GTC; Defendant Interplexico Manufacturing Company, S.A. de C.V., is directed to continue performance of its contractual obligations to timely deliver to Sogefi all of the automotive components ordered by Sogefi at the prices agreed upon in the parties' contract; Defendant Interplexico Manufacturing Company, S.A. de C.V.'s conduct shall be enjoined in accordance with this Order until this matter is concluded; further directing Plaintiff Sogefi to post a security of $100.00 by 5:00 PM on 5/10/2021. Signed by Judge Robert C. Chambers on 5/7/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 24 PARTIAL TRANSCRIPT OF PROCEEDINGS of Motion Hearing held on May 4, 2021, before Judge Robert C. Chambers. Court Reporter Kathy Swinhart, Telephone number 304-528-7583. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 5/17/2021. Redaction Request due 5/26/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/3/2021. (kls) |
| Filing 23 EXHIBIT LIST FROM PRELIMINARY INJUNCTION HEARING held 5/4/2021. (Attachments: #1 Plaintiff's Exhibit 1, #2 Plaintiff's Exhibit 2, #3 Plaintiff's Exhibit 3, #4 Plaintiff's Exhibit 4, #5 Plaintiff's Exhibit 5, #6 Defendant's Exhibit 1, #7 Defendant's Exhibit 2, #8 Defendant's Exhibit 3, #9 Defendant's Exhibit 4, #10 Defendant's Exhibit 5, #11 Defendant's Exhibit 6, #12 Defendant's Exhibit 7, #13 Defendant's Exhibit 8) (jsa) |
| Filing 22 WITNESS LIST for preliminary injunction hearing held 5/4/2021. (jsa) |
| Filing 21 MOTION HEARING held by Judge Robert C. Chambers on 5/4/2021. Court Reporter: Kathy Swinhart. (trj) |
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Filing 20
ORDER granting Defendant's #18 MOTION to Authorize Telephonic or Videoconference Testimony of Marco Antonio Bueno Silva; directing that Marco Antonio Bueno Silva may present testimony as a fact witness by contemporaneous transmission from a different location through a live videoconferencing stream, to the extent his testimony is needed during the Court's 5/4/2021 hearing. Signed by Judge Robert C. Chambers on 5/4/2021. (cc: counsel of record; any unrepresented parties) (hkl)
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| Filing 19 AFFIDAVIT OF MARCH ANTONIO BUENA SILVA by Interplexico Manufacturing Company, S.A. de C.V. in support of #15 Response to Court Order. (Arceneaux, Webster) |
| Filing 18 MOTION by Interplexico Manufacturing Company, S.A. de C.V. to Authorize Telephonic or Videoconference Testimony of Marco Antonio Bueno Silva. (Attachment: #1 Proposed Order Granting Motion to Authorize Telephonic or Videoconference Testimony)(Arceneaux, Webster) |
| Filing 17 REPLY MEMORANDUM by Sogefi USA, Inc. to #15 Response. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J, #5 Exhibit K)(Woodyard, Megan) |
| Filing 16 MEMORANDUM OF LAW by Interplexico Manufacturing Company, S.A. de C.V. in support of #15 Response to Court Order. (Arceneaux, Webster) |
| Filing 15 RESPONSE by Interplexico Manufacturing Company, S.A. de C.V. to the Court's #9 Temporary Restraining Order. (Attachment: #1 Exhibit A)(Arceneaux, Webster) |
| Filing 14 STATEMENT OF VISITING ATTORNEY from Michael G. Brady on behalf of Sogefi USA, Inc.. Local counsel: Megan Farrell Woodyard. Fee $50.00. Receipt # AWVSDC-7932178. (Woodyard, Megan) |
| Filing 13 STATEMENT OF VISITING ATTORNEY from Jeffrey S. Segal on behalf of Sogefi USA, Inc.. Local counsel: Megan Farrell Woodyard. Fee $50.00. Receipt # AWVSDC-7932169. (Woodyard, Megan) |
| Filing 12 STATEMENT OF VISITING ATTORNEY from Adam T. Ratliff on behalf of Sogefi USA, Inc.. Local counsel: Megan Farrell Woodyard. Fee $50.00. Receipt # AWVSDC-7932131. (Woodyard, Megan) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Interplex Sunbelt, Inc., Interplexico Manufacturing Company, S.A. de C.V., re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: #1 summons as to Interplex Sunbelt, Inc.) (jsa) |
| Filing 10 CERTIFICATE OF SERVICE by Sogefi USA, Inc. for Temporary Restraining Order. (Woodyard, Megan) |
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Filing 9
TEMPORARY RESTRAINING ORDER granting in part Plaintiff's #2 MOTION for Temporary Restraining Order and Preliminary Injunction to the extent it seeks a temporary restraining order; directing that Defendant Interplexico Manufacturing Company, S.A. de C.V., is temporarily enjoined from violating its contractual obligations by continuing to miss delivery deadlines of automotive components to Sogefi under the Agreement and the GTC; further directing that Defendant Interplexico Manufacturing Company, S.A. de C.V., is ordered to continue performance of its contractual obligations to timely deliver to Sogefi all of the automotive components ordered by Sogefi at the prices agreed upon in the parties' contract; Defendant Interplexico Manufacturing Company, S.A. de C.V.'s conduct shall be enjoined in accordance with this Order until this Court conducts a preliminary injunction hearing on 5/4/2021 at 1:30 p.m.; at such time, the Court will determine whether the temporary restraining order shall be dissolved or whether a preliminary injunction shall issue; Defendant Interplex Mexico shall have until Thursday, 4/29/2021 at 12:00 p.m. to file a Response to Plaintiff's Motion; Plaintiff shall have until Friday, 4/30/2021 at 12:00 p.m. to file a Reply; this Order shall take effect on this day at 5:00 p.m.; directing Plaintiff's counsel to immediately notify Defendant Interplex Mexico of this Order and the scheduled hearing through electronic means; Plaintiff shall file corresponding certificates of service with the Court. Signed by Judge Robert C. Chambers on 4/23/2021. (cc: counsel of record; any unrepresented parties; Defendants at the addresses herein) (jsa)
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| Filing 8 SUMMONS SUBMITTED by Sogefi USA, Inc. for Interplex Sunbelt, Inc., re: #1 Complaint. (Woodyard, Megan) |
| Filing 7 SUMMONS SUBMITTED by Sogefi USA, Inc. for Interplexico Manufacturing Company, S.A. de C.V., re: #1 Complaint. (Woodyard, Megan) |
| Filing 6 SUPPLEMENT by Sogefi USA, Inc. to #2 MOTION by Sogefi USA, Inc. for Temporary Restraining Order and MOTION for Preliminary Injunction. (Attachments: #1 Exhibit A)(Woodyard, Megan) (Modified on 4/26/2021 to add link to #2 motion) (mkw). |
| Filing 5 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Megan Farrell Woodyard updating name and/or firm information on behalf of Sogefi USA, Inc.. (Woodyard, Megan) |
| Filing 4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa) |
| Filing 3 MEMORANDUM by Sogefi USA, Inc. in support of #2 MOTION by Sogefi USA, Inc. for Temporary Restraining Order and MOTION for Preliminary Injunction. (jsa) |
| Filing 2 MOTION by Sogefi USA, Inc. for Temporary Restraining Order and MOTION for Preliminary Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order) (jsa) |
| Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-7930645. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (jsa) |
| CASE assigned to Judge Robert C. Chambers. (klc) |
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