Gardner Denver Inc v. Air Pacific Compressors Inc
| Gardner Denver Inc |
| John Lague, Accurate Air Engineering Inc, Air Pacific Compressors Inc and Air Pacific Compressors Inc doing business as Compressed Air of California |
| 2:2020cv00895 |
| June 15, 2020 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| William E Duffin |
| J P Stadtmueller |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Docket Annotation: Acknowledgement of receipt of case by Central District of California: Case transferred from Wisconsin Eastern has been opened in CENTRAL DISTRICT OF CALIFORNIA as case 2:22-cv-07665, filed 10/20/2022. (lz) |
| Case Electronically Transmitted to the Central District of California on 10/18/2022. (mlm) |
Filing 120
ORDER signed by Magistrate Judge William E Duffin on 10/18/2022. The defendant Air Pacific Compressors, Inc.'s renewed motion for transfer of venue to U.S. District Court, Central District of California pursuant to 28 U.S.C. 1404(a) (ECF No. #104 ) is granted. (cc: all counsel)(mlm)
|
| Filing 119 DECLARATION of Nathan D. Imfeld in Support of Brief in Opposition to Third Party Motion for Protective Order and Motion to Quash (Attachments: #1 Exhibit A - Atlas Copco Subpoenas dated 01-03-22, #2 Exhibit B - Email chain attaching Subpoenas (01-19-22), #3 Exhibit C - Email chain attaching search terms (01-14-22), #4 Exhibit D - Email chain (02-04-22), #5 Exhibit E - Email chain attaching search terms (02-15-22), #6 Exhibit F - Atlas Copco Responses (02-28-22), #7 Exhibit G - Email Chain (03-02-22), #8 Exhibit H - Email attaching production (03-04-22), #9 Exhibit I - Email Chain (03-15-22), #10 Exhibit J - Email Chain attaching search terms hit report (04-11-22), #11 Exhibit K - Email Chain attaching Exhibit 4 to Am. Compl. (04-18-22), #12 Exhibit L - Email Chain (04-22-22), #13 Exhibit M - Email Chain (04-26-22), #14 Exhibit N - Email attaching production (04-28-22), #15 Exhibit O - Email Chain (05-31-22), #16 Exhibit P - Complaint, Case No. 22cv4408 (CACD) (06-28-22), #17 Exhibit Q - Email Chain (09-14-22), #18 Exhibit R - Email Chain (09-22-22), #19 Exhibit S - Answer, Case No. 22cv4408 (CACD) (08-11-22))(Imfeld, Nathan) |
| Filing 118 BRIEF in Opposition filed by Gardner Denver Inc re #114 Third Party MOTION for Protective Order MOTION to Quash . (Imfeld, Nathan) |
| Filing 117 REPLY BRIEF in Support filed by Air Pacific Compressors Inc re #104 MOTION to Transfer Case to Central District of California . (Mulcahy, James) |
| Filing 116 DECLARATION of Joseph S. Goode (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Subpoena, #3 Exhibit C - Subpoena, #4 Exhibit D - Email from May 31, 2022, #5 Exhibit E - Email from September 6, 2022, #6 Exhibit F - Email from September 14, 2022, #7 Exhibit G - Joint Rule 26(f) Report)(Goode, Joseph) |
| Filing 115 BRIEF in Support filed by Atlas Copco Compressors LLC, Atlas Copco North America LLC re #114 Third Party MOTION for Protective Order . (Goode, Joseph) |
| Filing 114 Third Party MOTION for Protective Order and MOTION to Quash Subpoenas by Atlas Copco Compressors LLC, Atlas Copco North America LLC. (Goode, Joseph). Added MOTION to Quash on 10/5/2022 (lz). |
| Filing 113 DECLARATION of Nathan D. Imfeld in Support of Plaintiff's Response to Defendant's Motion for Pre-Motion Discovery Conference (Attachments: #1 Exhibit A - Email Chain (09-26-22), #2 Exhibit B - Email Chain (09-29-22))(Imfeld, Nathan) |
| Filing 112 RESPONSE to Motion filed by Gardner Denver Inc re #111 MOTION for Hearing Motion for a Pre-Motion Discovery Conference . (Imfeld, Nathan) |
| Filing 111 MOTION for Hearing Motion for a Pre-Motion Discovery Conference by Air Pacific Compressors Inc. (Attachments: #1 Ex 1 - 2022.09.14 - EM between Halpin and Imfeld, #2 Ex 2 - Revised Joint Report and Attachments 1-4, #3 Ex 3 - 2022.09.26 - EM w Imfeld and Carrillo)(Mulcahy, James) |
| Filing 110 BRIEF in Opposition filed by Gardner Denver Inc re #104 MOTION to Transfer Case to Central District of California . (Imfeld, Nathan) |
| Filing 109 TRANSCRIPT of Telephone Motion Hearing held on 9/6/2022 before Judge William Duffin Court Reporter/Transcriber Thomas Malkiewicz, Contact at 414-290-2642. Transcripts may be purchased using the Transcript Order Form found #on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website # www.wied.uscourts.gov Redaction Statement due 10/3/2022. Redacted Transcript Deadline set for 10/14/2022. Release of Transcript Restriction set for 12/12/2022. (Malkiewicz, Thomas) |
|
Filing 108
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 9/6/2022. The "Motion for a Pre-Motion Discovery Conference" (ECF No. #99 ) is granted. The conference was held on September 6, 2022. For the reasons more fully stated on the record at the conference, the motion to stay discovery (ECF No. #103 ) is denied. Briefing on the motion for judgment on the pleadings (ECF No. #101 ) is stayed pending resolution of the motion to transfer (ECF No. #104 ). (cc: all counsel)(mlm)
|
| Filing 107 Minute Entry for Hearing on Motions held on 9/6/2022 before Magistrate Judge William E Duffin. Court has listened to oral argument by counsel and will issue an order. (Tape #1:00-1:47) (mlm) |
| Filing 106 BRIEF in Opposition filed by Gardner Denver Inc re #103 Expedited MOTION to Stay Discovery. (Imfeld, Nathan) |
| Filing 105 BRIEF in Support filed by Air Pacific Compressors Inc re #104 MOTION to Transfer Case to Central District of California . (Attachments: #1 Ex 1- CA Complaint and Exhibits, #2 Ex 2 - Gardner Denver Rule 26(a)(1) Amended Initial Disclosures, #3 Ex 3 - APC Initial Disclosures - First Amended)(Mulcahy, James) |
| Filing 104 MOTION to Transfer Case to Central District of California by Air Pacific Compressors Inc. (Mulcahy, James) |
| Filing 103 CIVIL L.R. 7(h) EXPEDITED NON-DISPOSITIVE MOTION to Stay by Air Pacific Compressors Inc. (Mulcahy, James) Modified on 9/2/2022 (bx). |
| NOTICE of Hearing: Telephonic Hearing on Motion for Pre-Motion Discovery Conference set for 9/6/2022 01:00 PM before Magistrate Judge William E Duffin. Participants shall call the court conference line at 888-278-0296 and enter access code 8322317# to join the call. (cc: all counsel)(mlm) |
| Filing 102 BRIEF in Support filed by Gardner Denver Inc re #101 MOTION for Judgment on the Pleadings - Motion for Partial Judgment on the Pleadings . (Imfeld, Nathan) |
| Filing 101 MOTION for Judgment on the Pleadings - Motion for Partial Judgment on the Pleadings by Gardner Denver Inc. (Imfeld, Nathan) |
| Filing 100 DECLARATION of Nathan D. Imfeld in Support of Motion for Pre-Motion Discovery Conference (Attachments: #1 Exhibit A - 8.1.22 Email Chain between GD and APC, #2 Exhibit B - 8.12.22 Email Chain Attaching Subpoenas, #3 Exhibit C - 8.16.22 Email from APC with Attachments, #4 Exhibit D - 8.17.22 Email from GD Attaching Letter, #5 Exhibit E - 8.24.22 Email Chain between ACP and GD, #6 Exhibit F - 4.15.22 Email Chain between APC and GD, #7 Exhibit G - 4.22.22 Email Chain between Atlas Copco, APC and GD, #8 Exhibit H - 4.25.22 Email from GD to APC, copying Atlas Copco, #9 Exhibit I - 5.3.22 Email Chain between GD and APC, #10 Exhibit J - 6.10.22 Email Chain between APC and GD, #11 Exhibit K - 6.17.22 Email Chain Attaching Subpoenas and Amended Responses, #12 Exhibit L - 7.8.22 Email Chain between APC and GD)(Imfeld, Nathan) |
| Filing 99 MOTION for Hearing - Motion for a Pre-Motion Discovery Conference by Gardner Denver Inc. (Imfeld, Nathan) |
|
Filing 98
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 5/9/2022. The court finding good cause, the plaintiff's unopposed motion to modify the scheduling order (ECF No. #97 ) is GRANTED. The new schedule is as follows: The plaintiff shall disclose its expert witnesses by December 1, 2022. The defendant shall disclose its expert witnesses by March 1, 2023. All discovery shall be completed by April 1, 2023. Motions for summary judgment, Daubert motions, and motions otherwise challenging a party's expert shall be filed no later than April 15, 2023. (cc: all counsel)(mlm)
|
| Filing 97 Unopposed MOTION to Modify Scheduling Order by Gardner Denver Inc. (Imfeld, Nathan) |
|
Filing 96
ORDER signed by Magistrate Judge William E Duffin on 5/2/2022 DENYING #78 Defendant's Motion for Sanctions and DENYING #81 Defendant's request for judicial notice. (cc: all counsel)(lz)
|
| Filing 95 ANSWER to #84 Amended Complaint,,, by Air Pacific Compressors Inc. (Attachments: #1 Exhibit A - 2019.10.17 Email from Rick Sawaya to Gary Gillespie)(Carrillo, Filemon) |
| Filing 94 REPLY BRIEF in Support filed by Air Pacific Compressors Inc re #78 MOTION for Sanctions For Failure to Comply with Court Order Under FRCP 37 . (Carrillo, Filemon) |
| Filing 93 NOTICE by Air Pacific Compressors Inc of Withdrawal of Confidential Designation RE ECF No. 88 (Carrillo, Filemon) |
| Filing 92 NOTICE by Air Pacific Compressors Inc of Withdrawal of Confidential Designation RE ECF No. 84 (Carrillo, Filemon) |
|
Filing 91
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 4/14/2022. The court finding good cause, the defendant's unopposed motion to extend the deadline to respond to the plaintiff's amended complaint (ECF No. #89 ) is GRANTED. The defendant shall respond to the plaintiffs amended complaint no later than April 28, 2022. (cc: all counsel)(mlm)
|
|
Filing 90
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 4/14/2022. The plaintiff's motion to seal (ECF No. #86 ) is denied. Should the defendant want ECF No. 88-14 and the related paragraphs of the plaintiff's brief in opposition to the defendant's motion for sanctions (ECF No. #87 ) to remain restricted, the defendant must file a renewed motion to restrict the documents pursuant to General Local Rule 79(d) by April 22, 2022. Failure to do so will result in the documents being made public. (cc: all counsel)(mlm)
|
| Filing 89 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint by Air Pacific Compressors Inc. (Carrillo, Filemon) |
| Filing 88 DECLARATION of Nathan D. Imfeld in Support of Opposition to Defendant's Motion for Sanctions (Attachments: #1 Exhibit A - Transcript of Telephonic Status Conferenced held on 12/16/21, #2 Exhibit B - Email thread from 12/20/21-03/16/22, #3 Exhibit C - Letter from Gardner Denver dated 04/04/22, #4 Exhibit D - Gardner Denver's Third Amended Responses to First Interrogatories dated 01/31/22, #5 Exhibit E - Subpoena to Atlas Copco North America dated 01/03/22, #6 Exhibit F - Subpoena to Atlas Copco Compressors dated 01/03/22, #7 Exhibit G - Subpoena to Atlas Copco North America dated 01/19/22, #8 Exhibit H - Subpoena to Atlas Copco Compressors dated 01/19/22, #9 Exhibit I - Email dated 03/04/22, #10 Exhibit J - Email thread from 12/20/21-01/17/22, #11 Exhibit K - Redline of Gardner Denver's Second and Third Amended Responses, #12 Exhibit L - Email dated 01/31/22, #13 Exhibit M - Email and Spreadsheet Attachments - Redacted, #14 Exhibit M - Restricted Copy of Email and Spreadsheet Attachments, #15 Exhibit N - Email dated 01/20/22, #16 Exhibit O - Email dated 02/28/22, #17 Exhibit P - Email dated 03/09/22, #18 Exhibit Q - Letter dated 01/21/22, #19 Exhibit R - Letter dated 02/21/22, #20 Exhibit S - Dkt. 105 - Zenith v. WH-TV, #21 Exhibit T - Dkt. 146 - Zenith v. WH-TV, #22 Exhibit U - Dkt. 569 - Zenith v. WH-TV, #23 Exhibit V - Dkt. 718 - Zenith v. WH-TV)Pursuant to #93 restrictions have been withdrarwn This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Imfeld, Nathan) |
| Filing 87 BRIEF in Opposition filed by Gardner Denver Inc re #78 MOTION for Sanctions For Failure to Comply with Court Order Under FRCP 37 . (Attachments: #1 Restricted Version of Memorandum in Opposition to Defendant's Motion for Sanctions)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Imfeld, Nathan) |
| Filing 86 MOTION to Restrict Document Motion to Seal Certain Paragraphs of its Memorandum in Opposition to Air Pacific's Motion for Sanctions and Exhibit M to the Declaration of Nathan Imfeld by Gardner Denver Inc. (Attachments: #1 Text of Proposed Order)(Imfeld, Nathan) |
|
Filing 85
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 4/7/2022. The plaintiff's motion to seal (ECF No. #83 ) is denied. Should the defendant want ECF Nos. 84-4, 84-5, 84-6, 84-7, and the related paragraphs of the Amended Complaint to remain restricted, it must file a renewed motion to restrict the documents pursuant to General Local Rule 79(d) by April 15, 2022. Failure to do so will result in the documents being made public. (cc: all counsel)(mlm)
|
| Filing 84 AMENDED COMPLAINT against Air Pacific Compressors Inc filed by Gardner Denver Inc. (Attachments: #1 Complaint Restricted Amended Complaint, #2 Exhibit 1 - Distributor Agreement dated 4/18/16, #3 Exhibit 2 - Connected Customer Terms of Use, #4 Exhibit 3 - Letter of Intent dated 6/11/19, #5 Exhibit 4 - Gueikian Email with List of GD Quotes - REDACTED, #6 Exhibit 4 - Gueikian Email with List of GD Quotes, #7 Exhibit 5 - Consulting Agreements, #8 Exhibit 6 - Asset Purchase Agreement dated 10/17/19, #9 Exhibit 7 - October 17, 2019 Letters, #10 Exhibit 8 - Gueikian Email Attaching Letters to Customers dated 10/18/19, #11 Exhibit 9 - Sawaya Letter to Customers, #12 Exhibit 10 - Gueikian Email dated 4/15/20) Pursuant to #92 restrictions have been withdrawn. This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Imfeld, Nathan) |
| Filing 83 MOTION to Restrict Document - Certain Paragraphs of and Exhibits to Amended Complaint by Gardner Denver Inc. (Attachments: #1 Text of Proposed Order - Order Granting Motion to Seal Certain Paragraphs of and Exhibits to the Amended Complaint)(Imfeld, Nathan) |
| Filing 82 DECLARATION of James Mulcahy (Attachments: #1 2016 Distributor Agreement, #2 Initial Disclosure, #3 GDN Amended Initial Disclosures, #4 APC First Set of Rogs and RPD, #5 GDN Responses to APCs First Set of Rogs and RPD, #6 APC July 23, 2021 letter, #7 August 9, 2021 letter from DGN, #8 August 16, 2021 Email Exchange, #9 GDN Amended Responses to APC Rogs, #10 August 20, 2021 GDN Letter with Production of Documents, #11 Setptember 3, 2021 GDN Document Production Cover Letter, #12 October 11, 2021 Email Exchange, #13 GDN Second Amended Responses, #14 December 16, 2021 Transcript of Telephonic Status Conference, #15 January 17, 2022 Email Exchange, #16 GDN Third Amended Responses & Objections to APC's First Set of Discovery)(Carrillo, Filemon) |
| Filing 81 REQUEST by Air Pacific Compressors Inc for Judicial Notice. (Attachments: #1 Exhibit A - July 23, 2003 Order, #2 Exhibit B - September 17, 2003 Order)(Carrillo, Filemon) |
| Filing 80 SUPPLEMENT by Air Pacific Compressors Inc Separate Statement In Support Of Defendant's Motion for Sanctions ECF 78. (Carrillo, Filemon) |
| Filing 79 BRIEF in Support filed by Air Pacific Compressors Inc re #78 MOTION for Sanctions For Failure to Comply with Court Order Under FRCP 37 . (Carrillo, Filemon) |
| Filing 78 MOTION for Sanctions For Failure to Comply with Court Order Under FRCP 37 by Air Pacific Compressors Inc. (Carrillo, Filemon) |
|
Filing 77
ORDER signed by Magistrate Judge William E Duffin on 3/15/2022. The defendant's motion for judgment on the pleadings is GRANTED. The fourth"fraud intentional misrepresentation"and fifth "fraud concealment"claims of the plaintiff's complaint are dismissed. (cc: all counsel)(mlm)
|
| Filing 76 NOTICE of Appearance by Paul R Piaskoski on behalf of Gardner Denver Inc. (Piaskoski, Paul) |
|
Filing 75
ORDER signed by Magistrate Judge William E Duffin on 3/9/2022. Gardner Denver may file an amended complaint by no later than March 31, 2022. If Gardner Denver does not file an amended complaint by that day, Air Pacific may file an amended answer. (cc: all counsel)(mlm)
|
|
Filing 74
ORDER signed by Magistrate Judge William E Duffin on 3/9/2022. Air Pacific's motion to strike Gardner Denver's request for a jury trial is granted. (ECF No. #55 ). The plaintiff Gardner Denver's request for a jury trial against Air Pacific is stricken. (cc: all counsel)(mlm)
|
|
Filing 73
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 3/4/2022. Pursuant to this court's February 17, 2022 order, defendant Air Pacific was to file a renewed motion to restrict the documents by February 25, 2022 or else those documents would become public. (See ECF No. #72 at 4.) Air Pacific has not filed such a motion. Therefore, it is ordered that the following documents be unsealed: ECF Nos. 67-1, 67-2, 67-3, 67-5, 67-6, 67-7, 67-8, 67-9. (cc: all counsel)(mlm)
|
|
Filing 72
ORDER signed by Magistrate Judge William E Duffin on 2/17/2022, DENYING #65 Motion to Restrict Certain Exhibits to Declaration of Nathan D. Imfeld. The documents will become public unless Air Pacific files a renewed motion to restrict the documents pursuant to General Local Rule 79(d) by February 25, 2022. The motion must include two versions of each document that it wants to have sealed: one that will be restricted to the parties, and a public version that redacts only the narrow details that are properly private. (cc: all counsel)(mlm)
|
|
Filing 71
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 2/1/2022. The court finding good cause, the parties' joint motion to extend case deadlines (ECF No. #70 ) is GRANTED. The plaintiff shall disclose expert witnesses no later than June 1, 2022. The defendant shall disclose expert witnesses no later than September 1, 2022. All is discovery is to be completed by October 1, 2022. All dispositive/Daubert motions shall be filed no later than October 15, 2022. (cc: all counsel)(mlm)
|
| Filing 70 Joint MOTION for Extension of Time by Gardner Denver Inc. (Attachments: #1 Text of Proposed Order)(Johnson, Trent) |
| Filing 69 REPLY BRIEF in Support filed by Air Pacific Compressors Inc re #56 MOTION for Leave to File Amended Answer, #57 MOTION for Judgment on the Pleadings . (Carrillo, Filemon) |
|
Filing 68
ORDER signed by Magistrate Judge William E Duffin on 12/29/2021 GRANTING IN PART and DENYING IN PART #49 Defendant's Motion to Compel. (cc: all counsel)(lz)
|
| Filing 67 Declaration of Nathan Imfeld in Support of Plaintiff's Response to Defendant's Motion #55 to Strike Plaintiff's Request for a Jury Trial, Motion #56 for Leave to File Amended Answer, and Motion #57 for Judgment on the Pleadings . (Attachments: #1 Exhibit A - Schedule 4.22, #2 Exhibit B - Email dated 9.27.2019, #3 Exhibit C - Email dated 7.29.2019, #4 Exhibit D - 4.8.2016 Distributor Agreement, #5 Exhibit E - Email dated 8.27.2019, #6 Exhibit F - Email dated 9.25.2019, #7 Exhibit G - Email dated 10.7.2019, #8 Exhibit H - Email dated 10.8.2019, #9 Exhibit I - Email dated 10.16.2019)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Imfeld, Nathan) |
| Filing 66 RESPONSE to Motion filed by Gardner Denver Inc re #55 MOTION to Strike Plaintiff's Request for a Jury Trial, #56 MOTION for Leave to File Amended Answer, #57 MOTION for Judgment on the Pleadings . (Imfeld, Nathan) |
| Filing 65 MOTION to Restrict Document Motion to Restrict Certain Exhibits to Declaration of Nathan D. Imfeld in Support of Plaintiff's Response to Defendant's Motion for Judgment on the Pleadings, Motion for Leave to File an Amended Answer and Motion to Strike by Gardner Denver Inc. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Seal)(Imfeld, Nathan) |
| Filing 64 TRANSCRIPT of Status Conference held on 12/16/2021 before Judge William E. Duffin Court Reporter/Transcriber Thomas Malkiewicz, Contact at 14142902642. Transcripts may be purchased using the Transcript Order Form found #on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website # www.wied.uscourts.gov Redaction Statement due 1/13/2022. Redacted Transcript Deadline set for 1/21/2022. Release of Transcript Restriction set for 3/21/2022. (Malkiewicz, Thomas) |
| Filing 63 Minute Entry for Telephonic Pre-Motion Discovery Conference held on 12/16/2021 before Magistrate Judge William E Duffin. Court discusses with counsel discovery issues and the pending motions. (Tape #4:00-4:52) (mlm) |
| Filing 62 NOTICE of Appearance by Kristin M McGaver on behalf of Gardner Denver Inc. Attorney(s) appearing: Kristin M. McGaver (McGaver, Kristin) |
| NOTICE of Hearing: Telephonic Pre-Motion Discovery Conference set for 12/16/2021 04:00 PM in by Telephone before Magistrate Judge William E Duffin. Participants shall call the court conference line at 888-278-0296 and enter access code 8322317# to join the call. (cc: all counsel)(mlm) |
| Filing 61 RESPONSE to Motion filed by Air Pacific Compressors Inc re #58 MOTION for Hearing - Motion for Pre-Motion Discovery Conference . (Attachments: #1 Declaration of Sandra Gibbs, #2 Exhibit A - 11 20 2021 email exchange, #3 Exhibit B - 12 2 2021 email exchange, #4 Exhibit C - 12 10 2021 email exchange)(Carrillo, Filemon) |
|
Filing 60
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 12/10/2021. The court finding good cause, plaintiff's motion for a pre-motion discovery conference (ECF No. #58 ) is GRANTED. The clerk will contact the parties to schedule the conference. (cc: all counsel)(lz)
|
| Filing 59 DECLARATION of Nathan D. Imfeld in Support of Motion for Pre-Motion Discovery Conference (Attachments: #1 Exhibit A - Email chain dated 12-8-21, #2 Exhibit B - Notice of 30(b)(6) Deposition dated 11-23-21)(Johnson, Trent) |
| Filing 58 MOTION for Hearing - Motion for Pre-Motion Discovery Conference by Gardner Denver Inc. (Johnson, Trent) |
| NOTICE of Electronic Filing Error re #55 MOTION to Strike Plaintiff's Request for a Jury Trial, #56 MOTION for Leave to File Amended Answer, and #57 MOTION for Judgment on the Pleadings filed by defendant. The Memorandum in Support of each motion and Declarations should have been filed as separate entries. These documents do not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (mlm) |
| Filing 57 MOTION for Judgment on the Pleadings by Air Pacific Compressors Inc. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion for Judgment on the Pleadings)(Carrillo, Filemon) |
| Filing 56 MOTION for Leave to File Amended Answer by Air Pacific Compressors Inc. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion for Leave to File Amended Answer, #2 Exhibit A to Memorandum of Points and Authorities, #3 Exhibit B to Memorandum of Points and Authorities, #4 Declaration of Filemon Carrillo In Support of Motion for Leave to File Amended Answer, #5 Exhibit A to Declaration of Filemon Carrillo)(Carrillo, Filemon) |
| Filing 55 MOTION to Strike Plaintiff's Request for a Jury Trial by All Defendants. (Attachments: #1 Memorandum or Points and Authorities In Support of Motion to Strike Plaintiff's Request for a Jury Trial, #2 Exhibit A to Memorandum of Points and Authorities)(Mulcahy, James) |
| Filing 54 REPLY BRIEF in Support filed by Air Pacific Compressors Inc re #49 MOTION for Discovery Order Compelling Responses and Staying Discovery Pending Compliance MOTION to Stay . (Attachments: #1 Declaration of Filemon Carrillo, #2 Exhibit A - APC's Amended and Supplemental Responses to GDN's Interrogatories, #3 Exhibit B - APC's Amended and Supplemental Responses to GDN's Requests for Production of Documents, #4 Exhibit C - October 17, 2019 email to GDN, #5 Exhibit D - GDN's Notice of 30(b)(6) Depositions)(Carrillo, Filemon) |
|
Filing 53
TEXT ONLY ORDER: The court finding good cause, the plaintiff's motion for an extension of time (ECF No. #52 ) is granted. The plaintiff shall disclose expert witnesses no later than April 1, 2022. The defendant shall disclose expert witnesses no later than May 15, 2022. Signed by Magistrate Judge William E Duffin on 12/3/2021. (cc: all counsel)(mlm)
|
| Filing 52 Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time for Expert Disclosure Deadlines by Gardner Denver Inc. (Johnson, Trent) |
| Filing 51 DECLARATION of Nathan D. Imfeld in Support of Plaintiff's Memorandum in Opposition to Defendant's Motion to Compel Discovery and Stay Discovery (Attachments: #1 Exhibit A - Letter dated 10/29/21, #2 Exhibit B - Email dated 11/5/21, #3 Exhibit C - Gardner Denver's First Requests, #4 Exhibit D - Air Pacific's First Requests, #5 Exhibit E - Gardner Denver Responses to First Requests, #6 Exhibit F - Letter dated 7/23/21, #7 Exhibit G - Letter dated 8/9/21, #8 Exhibit H - Email dated 8/16/21, #9 Exhibit I - Letter dated 8/20/21, #10 Exhibit J - Gardner Denver's First Amended Responses, #11 Exhibit K - Letter dated 9/3/21, #12 Exhibit L - Emails dated 9/22/21 and 9/28/21, #13 Exhibit M - Letter dated 9/24/21, #14 Exhibit N - Email dated 10/12/21, #15 Exhibit O - Gardner Denver's Second Amended Responses, #16 Exhibit P - Email dated 11/15/21, #17 Exhibit Q - Air Pacific's Responses to Requests for Admission)(Imfeld, Nathan) |
| Filing 50 BRIEF in Opposition filed by Gardner Denver Inc re #49 MOTION for Discovery Order Compelling Responses and Staying Discovery Pending Compliance MOTION to Stay . (Imfeld, Nathan) |
| Filing 49 MOTION for Discovery Order Compelling Responses and MOTION to Stay Discovery Pending Compliance by All Defendants. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Compel Discovery and Stay Discovery Pending Gardner Denver's Compliance, #2 Separate Statement, #3 Declaration of James M. Mulcahy In Support of Motion to Compel, #4 Ex A - Distributor Agreement, #5 Ex B - Plaintiff Initial Disclosures, #6 Ex C - Plaintiff Amended Initial Disclosures, #7 Ex D - Defendant First Set of Interrogatories and Requests for Production of Documents, #8 Ex E - Plaintiff Responses to First Set of Interrogatories and Requests for Production of Documents, #9 Ex F - July 23, 2021 letter to Johnson, #10 Ex G - August 9, 2021 letter from Johnson, #11 Ex H - August 16, 2021 email from Imfeld, #12 Ex I - Plaintiff Amended Responses to First Set of Interrogatories and Requests for Production of Documents, #13 Ex J - August 20, 2021 letter from Imfeld, #14 Ex K - September 3, 2021 letter from Imfeld, #15 Ex L - October 12, 2021 email from Imfeld, #16 Ex M - Plaintiff Second Amended Responses to First Set of Interrogatories and Requests for Production of Documents)(Carrillo, Filemon). Added MOTION to Stay Discovery on 11/4/2021 (lz). |
|
Filing 48
ORDER signed by Magistrate Judge William E Duffin on 9/21/2021 GRANTING IN PART #41 Plaintiff's Motion to Compel and #42 Plaintiff's Motion to Amend Scheduling Order. Discovery is extended to June 15,2022. Motions for summary judgment and Daubert Motions are extended to July 1, 2022. All other dates and provisions of the Court's March 22, 2021, Scheduling Order remain in effect. See Order for additional details and deadlines. (cc: all counsel)(lz)
|
| Reset Deadlines: Discovery due by 6/15/2022. Summary Judgment Motions due by 7/1/2022. (lz) |
| DISREGARD ENTRY - FILED IN ERROR NOTICE of Electronic Filing Error re #47 Declaration of Nathan D. Imfeld Supporting Reply Memorandum in Support of Motion to Compel Discovery. Pursuant to General Local Rule 79, the Court will consider all documents to publicly filed unless a separate motion to seal or restrict is filed. You should file your motion to seal or restrict document immediately; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (mlm) |
| Filing 47 DECLARATION of Nathan D. Imfeld Supporting Reply Memorandum in Support of Motion to Compel Discovery (Attachments: #1 Cover Letter, #2 Exhibit A - Asset Purchase Agreement, #3 Exhibit B - APA Litigation Disclosure Schedule 4.22, #4 Exhibit C - Pena Email dated 6/5/19, #5 Exhibit D - APC Initial Disclosures)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Johnson, Trent) |
| Filing 46 REPLY BRIEF in Support filed by Gardner Denver Inc re #41 MOTION to Compel Discovery . (Johnson, Trent) |
| Filing 45 BRIEF in Opposition filed by Accurate Air Engineering Inc, Air Pacific Compressors Inc, John Lague re #41 MOTION to Compel Discovery . (Mulcahy, James) |
| Filing 44 DECLARATION of Nathan D. Imfeld in Support of Plaintiff's Motion to Compel Discovery (Attachments: #1 Exhibit A - First Requests for Discovery dated 3/30/21, #2 Exhibit B - Email chain 3/30-4/15/21, #3 Exhibit C - Email dated 4/19/21, #4 Exhibit D - Email dated 4/21/21, #5 Exhibit E - Proof of Service of Subpoena, #6 Exhibit F - Letter dated 4/30/21, #7 Exhibit G - Letter dated 5/3/21, #8 Exhibit H - Responses and Objections dated 5/14/21, #9 Exhibit I - Email dated 5/20/21, #10 Exhibit J - Letter dated 5/28/21, #11 Exhibit K - Email dated 6/4/21, #12 Exhibit L - Letter dated 6/9/21, #13 Exhibit M - Email dated 6/21/21, #14 Exhibit N - Email dated 6/28/21, #15 Exhibit O - Email dated 7/2/21, #16 Exhibit P - Letter concerning Confidential Purchase of Assets of AAE)(Johnson, Trent) |
| Filing 43 BRIEF in Support filed by Gardner Denver Inc re #42 MOTION to Amend/Correct Scheduling Order , #41 MOTION to Compel Discovery . (Attachments: #1 Text of Proposed Order Granting Motion to Compel and Motion to Amend)(Johnson, Trent) |
| Filing 42 MOTION to Amend/Correct Scheduling Order by Gardner Denver Inc. (Johnson, Trent) |
| Filing 41 MOTION to Compel Discovery by Gardner Denver Inc. (Johnson, Trent) |
|
Filing 40
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge William E Duffin on 6/23/2021 GRANTING #39 Motion for Protective Order. (cc: all counsel)(lz)
|
| Filing 39 Stipulated MOTION for Protective Order by Gardner Denver Inc. (Imfeld, Nathan) |
| Filing 38 NOTICE by Air Pacific Compressors Inc of Change of Firm Name (Manna, Daniel) |
|
Filing 37
SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 3/22/2021. Rule 26(a) Disclosures to be exchanged by 3/24/2021. Amended Pleadings/Join Parties due by 6/3/2021. Plaintiff's Expert Witness List due by 12/31/2021. Defendant's Expert Witness List due by 2/15/2022. Discovery due by 3/15/2022. Dispositive/Daubert Motions due by 4/1/2022. (cc: all counsel)(mlm)
|
| Filing 36 Minute Entry for Telephonic Rule 16 Scheduling Conference held on 3/19/2021 before Magistrate Judge William E Duffin. The court sets dates pursuant to the parties' Rule 26(f) Report and will issue a Scheduling Order. (Tape #10:00-10:14) (mlm) |
| Filing 35 ANSWER to #1 Complaint, by Air Pacific Compressors Inc.(Mulcahy, James) |
| Filing 34 Joint REPORT of Rule 26(f) Plan by Gardner Denver Inc. (Imfeld, Nathan) |
| Filing 33 NOTICE of Hearing: Telephonic Rule 16 Scheduling Conference set for 3/19/2021 10:00 AM in By Telephone before Magistrate Judge William E Duffin. Participants shall call the court conference line at 888-278-0296 and enter access code 8322317# to join the call. The parties' Rule 26(f) report shall be electronically filed with the court no later than 3/15/2021. (cc: all counsel)(mlm) |
|
Filing 32
DECISION AND ORDER signed by Magistrate Judge William E Duffin on 3/1/2021. The the defendants' motion to dismiss all claims against Accurate Air Engineering, Inc., and John Lague for lack of personal jurisdiction (ECF No. #7 ) is GRANTED; the defendants' motion to dismiss for failure to join an indispensable party (ECF No. #7 ) is DENIED; the defendants' motion to transfer venue (ECF No. #9 ) is DENIED; the defendants' motion to dismiss for failure to state a claim (ECF No. #7 ) is GRANTED in part and DENIED in part; and the plaintiff's motion requesting oral argument (ECF No. #18 ) is DENIED. (cc: all counsel)(mlm)
|
| Filing 31 BRIEF in Opposition filed by Gardner Denver Inc re #7 MOTION to Dismiss Complaint SUR-REPLY IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS. (Imfeld, Nathan) |
|
Filing 30
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 10/2/2020. Any sur-reply shall be filed no later than October 13, 2020. (cc: all counsel)(mlm)
|
|
Filing 29
TEXT ONLY ORDER: The court finding good cause, Plaintiff Gardner Denver, Inc.'s 7(h) Expedited Non-Dispositive Motion for Leave to File a Sur-Reply in Opposition to Defendants' Motion to Dismiss (ECF No. #27 ) is granted. Defendants did not file a response to Plaintiff's motion. At this time, the court has not determined whether it will consider the arguments that Plaintiff wishes to address in a Sur-Reply. Signed by Magistrate Judge William E Duffin on 9/30/2020. (cc: all counsel) (mlm)
|
| Filing 28 LETTER from James Mulcahy providing Notice that Defendants do not oppose Plaintiffs Motion Requesting Oral Arguement on Motion to Dismiss and Motion to Transfer. (Mulcahy, James) |
| Filing 27 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File a Sur-Reply by Gardner Denver Inc. (Imfeld, Nathan) |
| Filing 26 UNPUBLISHED Decision filed by All Defendants (Mulcahy, James) |
| Filing 25 DECLARATION of John Lague (Attachments: #1 Exhibit A to Supplemental Declaration of John Lague In Support of Motion to Dismiss Complaint, #2 Exhibit B to Supplemental Declaration of John Lague In Support of Motion to Dismiss)(Mulcahy, James) |
| Filing 24 DECLARATION of Thomas R. Merritt (Attachments: #1 Exhibit A to Declaration of Thomas R. Merritt In Support of Defendants Motion to Dismiss)(Mulcahy, James) |
| Filing 23 REPLY BRIEF in Support filed by All Defendants re #7 MOTION to Dismiss Complaint . (Mulcahy, James) |
| Filing 22 REPLY BRIEF in Support filed by All Defendants re #9 MOTION to Transfer Case to Central District of California . (Mulcahy, James) |
|
Filing 21
ORDER REASSIGNING CASE ON CONSENT signed by Judge J P Stadtmueller on 9/18/2020. Case reassigned to Magistrate Judge William E Duffin for all further proceedings. Judge J P Stadtmueller no longer assigned to case. (cc: all counsel)(jm)
|
| Filing 20 Magistrate Judge Jurisdiction Form filed by All Defendants. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Manna, Daniel) |
| NOTICE from the clerk to DEFENDANTS requesting that the Consent/Refusal form to Magistrate Judge William E Duffin be filed within 21 days; the form is available at the court's web site: www.wied.uscourts.gov (asc) |
| Filing 19 NOTICE of Appearance by James Mulcahy on behalf of All Defendants. Attorney(s) appearing: Filemon Carrillo (Mulcahy, James) |
| Filing 18 MOTION for Hearing - Plaintiffs Motion Requesting Oral Argument on Defendants Motion to Dismiss and Motion to Transfer by Gardner Denver Inc. (Imfeld, Nathan) |
| Filing 17 BRIEF in Opposition filed by Gardner Denver Inc re #9 MOTION to Transfer Case to Central District of California . (Imfeld, Nathan) |
| Filing 16 DECLARATION of Trent M. Johnson (Imfeld, Nathan) |
| Filing 15 BRIEF in Opposition filed by Gardner Denver Inc re #7 MOTION to Dismiss Complaint . (Imfeld, Nathan) |
|
TEXT ONLY ORDER by Judge J P Stadtmueller on 8/18/2020. Upon consideration of #14 Plaintiff's Motion for Extension of Time, the motion is GRANTED. On or before 9/4/2020, Plaintiff shall RESPOND to #7 Defendants' Motion to Dismiss and #9 Defendants' Motion to Transfer. (cc: all counsel)(jm)
|
| Filing 14 Fourth MOTION for Extension of Time to Respond to Defendants' Motions to Transfer and to Dismiss by Gardner Denver Inc. (Imfeld, Nathan) |
| Filing 13 NOTICE of Appearance by Daniel A Manna on behalf of All Defendants. Attorney(s) appearing: Daniel A. Manna (Manna, Daniel) |
| Filing 12 DECLARATION of James M. Mulcahy In Support of Motion to Dismiss and Motion to Transfer (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - 2020 04 14 meet and confer, #3 Exhibit C 2020 04 16 email from Klinsport, #4 Exhibit D Request for Dismissal)(Mulcahy, James) |
| Filing 11 DECLARATION of John Lague In Support of Motion to Dismiss and Motion to Transfer (Attachments: #1 Exhibit A 2019 10 17 email to Gillespie)(Mulcahy, James) |
| Filing 10 BRIEF in Support filed by All Defendants re #9 MOTION to Transfer Case to Central District of California . (Mulcahy, James) |
| Filing 9 MOTION to Transfer Case to Central District of California by All Defendants. (Mulcahy, James) |
| Filing 8 BRIEF in Support filed by All Defendants re #7 MOTION to Dismiss Complaint . (Mulcahy, James) |
| Filing 7 MOTION to Dismiss Complaint by All Defendants. (Mulcahy, James) |
| Filing 6 NOTICE of Appearance by James Mulcahy on behalf of All Defendants. Attorney(s) appearing: James M. Mulcahy (Mulcahy, James) |
| Filing 5 Magistrate Judge Jurisdiction Form filed by Gardner Denver Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Imfeld, Nathan) |
| Filing 4 CERTIFICATE OF SERVICE by Gardner Denver Inc; Summons Returned Executed Air Pacific Compressors Inc. on 6/18/2020 (Imfeld, Nathan) Modified on 6/25/2020 (asc). |
| Filing 3 CERTIFICATE OF SERVICE by Gardner Denver Inc ; Summons Returned Executed on Accurate Air Engineering Inc.on 6/18/2020 (Imfeld, Nathan) Modified on 6/25/2020 (asc). |
| Filing 2 DISCLOSURE Statement by Gardner Denver Inc. (Imfeld, Nathan) |
| Filing 1 COMPLAINT with Jury Demand; against Gardner Denver Inc by Gardner Denver Inc. ( Filing Fee PAID $400 receipt number AWIEDC-3478942) (Attachments: #1 Exhibit 1-5, #2 Summons, #3 Summons, #4 Summons, #5 Civil Cover Sheet)(Imfeld, Nathan) |
| NOTICE Regarding assignment of this matter to Judge J P Stadtmueller ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl) |
| Summons Issued as to All Defendants. (asc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Wisconsin Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
