Integrated Process Engineers & Constructors, Inc. v. Fluor Enterprises, Inc. et al
| Integrated Process Engineers & Constructors, Inc. |
| Novo Nordisk Pharmaceuticals Industries, Inc. and Fluor Enterprises, Inc. |
| 3:2020cv00435 |
| May 7, 2020 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 7, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 19
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Dispositive Motions due 5/14/2021. Settlement Letters due 9/10/2021. Motions in Limine due 9/17/2021. Response to Motion due 10/1/2021. Final Pretrial Conference set for 10/13/2021 at 04:00 PM. Jury Selection and Trial set for 10/18/2021 at 09:00 AM.. Signed by District Judge James D. Peterson on 06/22/2020. (rks)
|
| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 6/18/2020 [:10] (cak) |
| Filing 18 Affidavit of Ronald Jackson filed by Defendants Fluor Enterprises, Inc., Novo Nordisk Pharmaceuticals Industries, Inc. re: #8 Motion to Dismiss/Lack of Jurisdiction (Attachments: #1 Exhibit A - IPEC Proposal) (Rippeon, Harry) |
| Filing 17 Affidavit of Bryan Howarth filed by Defendants Fluor Enterprises, Inc., Novo Nordisk Pharmaceuticals Industries, Inc. re: #8 Motion to Dismiss/Lack of Jurisdiction (Rippeon, Harry) |
| Filing 16 Affidavit of Katherine Watkins filed by Defendants Fluor Enterprises, Inc., Novo Nordisk Pharmaceuticals Industries, Inc. re: #8 Motion to Dismiss/Lack of Jurisdiction (Attachments: #1 Exhibit A - Fluor Terms and Conditions of Purchase (U.S. Version), #2 Exhibit B - March 16, 2017 Email Correspondence between IPEC and Katherine Watkins) (Rippeon, Harry) |
| Filing 15 Brief in Reply by Defendants Fluor Enterprises, Inc., Novo Nordisk Pharmaceuticals Industries, Inc. in Support of #8 Motion to Dismiss/Lack of Jurisdiction (Attachments: #1 Exhibit 1 - Purchase Order, #2 Exhibit 2 - Executed Affidavit of Katherine Watkins, #3 Exhibit 3- Executed Affidavit of Bryan Howarth, #4 Exhibit 4 - Executed Affidavit of Ronald Jackson, #5 Exhibit 5 - Fluor Enterprises, Inc.'s Registration in the State of California) (Rippeon, Harry) |
| Filing 14 Joint Preliminary Pretrial Conference Report by Plaintiff Integrated Process Engineers & Constructors, Inc. (Van Camp, Harry) |
| Filing 13 Declaration of Elijah B. Van Camp filed by Plaintiff Integrated Process Engineers & Constructors, Inc. re: #8 Motion to Dismiss/Lack of Jurisdiction (Van Camp, Elijah) |
| Filing 12 Declaration of Mark McGlynn filed by Plaintiff Integrated Process Engineers & Constructors, Inc. re: #8 Motion to Dismiss/Lack of Jurisdiction (Van Camp, Elijah) |
| Filing 11 Brief in Opposition by Plaintiff Integrated Process Engineers & Constructors, Inc. re: #8 Motion to Dismiss/Lack of Jurisdiction filed by Fluor Enterprises, Inc., Novo Nordisk Pharmaceuticals Industries, Inc. (Van Camp, Elijah) |
| Filing 10 Notice of Appearance filed by Elijah Byrnes Van Camp for Plaintiff Integrated Process Engineers & Constructors, Inc.. (Van Camp, Elijah) |
| Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 6/18/2020 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (rks) |
| Filing 9 Brief in Support of #8 Motion to Dismiss/Lack of Jurisdiction by Defendants Fluor Enterprises, Inc., Novo Nordisk Pharmaceuticals Industries, Inc. (Attachments: #1 Exhibit 1 - Fluor Enterprises, Inc.'s Purchase Order No. A7ND-4-0705-00/A7ND100103, #2 Exhibit 2 - Change Order #14, #3 Exhibit 3 - Modifications to Terms and Conditions to Purchase) (Rippeon, Harry) |
| Filing 8 Joint MOTION TO DISMISS for Lack of Jurisdiction by Defendants Fluor Enterprises, Inc., Novo Nordisk Pharmaceuticals Industries, Inc.. Brief in Opposition due 6/5/2020. Brief in Reply due 6/15/2020. (Rippeon, Harry) |
| Filing 7 Corporate Disclosure Statement by Plaintiff Integrated Process Engineers & Constructors, Inc.. (Van Camp, Harry) |
|
Filing 6
** TEXT ONLY ORDER ** Defendant Fluor Enterprises has filed an amended notice of removal in response to this court's order asking for more information about whether the court has jurisdiction under 28 U.S.C. 1332. The court is persuaded that the amended notice adequately alleges all of the requirements for 1332 at the pleading stage. At summary judgment or trial, or if plaintiff later challenge the exercise of jurisdiction, plaintiff will have to come forward with specific evidence identifying each party's citizenship. See Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888 (1990). Signed by District Judge James D. Peterson on 5/14/2020. (rks)
|
| Filing 5 Amended Document by Defendants Fluor Enterprises, Inc., Novo Nordisk Pharmaceuticals Industries, Inc.. Amendment to #3 Notice of Removal, (Attachments: #1 Exhibit 1 - Integrated Process Engineers & Constructors, Inc.'s State Court Filings) (Rippeon, Harry) |
|
Filing 4
** TEXT ONLY ORDER **Defendant Fluor Enterprises, Inc. has removed this case from state court, relying on 28 U.S.C. 1332 as a basis for jurisdiction. But the notice of removal doesn't meet the requirements of 1332 because Fluor hasn't adequately alleged that plaintiff and defendants are citizens of different states. Specifically, Fluor alleges that defendant Novo Nordisk Pharmaceutical Industries, LP is a citizen of Delaware and North Carolina because it "is a Delaware limited partnership with its principal place of business in Clayton, North Carolina." Dkt. #3 , at 3. But the citizenship of an unincorporated business entity such as a partnership is not determined by the state where it is registered or its principal place of business; it is determined by the citizenship of its partners. See West v. Louisville Gas & Elec. Co., 951 F.3d 827, 829 (7th Cir. 2020). Fluor doesn't identify who the partners are or their state citizenship. Fluor may have until May 19, 2020, to file an amended notice of removal that provides that information. If Fluor doesn't respond by then, and no other party provides the missing information, the court will remand the case for lack of jurisdiction. Signed by District Judge James D. Peterson on 5/13/2020. (rks)
|
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (rks) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (rks) |
| Filing 3 NOTICE OF REMOVAL from Jefferson County Circuit Court, case number 2020cv000160. ( Filing fee $ 400 receipt number 0758-2674950), filed by Fluor Enterprises, Inc., (Attachments: #1 Exhibit 1 - State Court Documents, #2 JS-44 Civil Cover Sheet) (Rippeon, Harry) Modified on 5/8/2020. (lak) |
|
Filing 2
** TEXT ONLY ORDER **ORDER granting #1 Motion to Admit Harry Zachariah Rippeon, III Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 5/7/2020. (lak)
|
| Filing 1 Motion to Admit Harry Zachariah Rippeon, III Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2674191.) by Defendant Fluor Enterprises, Inc.. (Rippeon, Harry) |
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 Western 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.
