ANZ USA, LLC et al v. Bush Hog, LLC et al

Alabama Southern District Court
Case #: 2:09-cv-00228
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Contract Dispute
Case Filed:Apr 23, 2009
Terminated:Jul 27, 2012
Counter Claimant
Bush Hog, LLC
Counter Claimant
Henry Crown & Company
Counter Defendant
ANZ International Manufacturing Private Limited
Counter Defendant
ANZ USA, LLC
Defendant
Bush Hog, LLC
Defendant
CC Industries, Inc.
Defendant
Henry Crown & Company
Non-Party
Ali Zakaria
Non-Party
Hill, Hill, Carter, Franco, Cole & Black, PC
Non-Party
Jenner & Block, LLP
Plaintiff
ANZ International Manufacturing Private Limited
Plaintiff
ANZ USA, LLC
Respondent
Scott M. Speagle

GPO Sep 29 2009
REPORT AND RECOMMENDATIONS re 34 MOTION for More Definite Statement and/or to Dismiss Second Amended Complaint filed by Henry Crown & Company, Bush Hog, LLC, recommending that the motion for a more definite statement be denied and that Defendants' alternative motion to dismiss the Second Amended Complaint be Granted as to Counts Six and Seven and denied as to all other counts. In light of this recommendation, Plaintiffs' motion for leave to file a sur-reply in opposition to defendants' motion to dismiss (doc. 55) is denied as moot. Objections to R&R due by 10/14/2009. Signed by Magistrate Judge Katherine P. Nelson on 9/29/09. (cmj)
GPO Oct 20 2009
ORDER ADOPTING 56 REPORT AND RECOMMENDATIONS re 34 MOTION for More Definite Statement and/or to Dismiss Second Amended Complaint filed by Henry Crown & Company, Bush Hog, LLC, recommending that the motion for a more definite statement be denied and that Defendants' alternative motion to dismiss the Second Amended Complaint be Granted as to Counts Six and Seven and denied as to all other counts. In light of this recommendation, Plaintiffs' motion for leave to file a sur-reply in opposition to defendants' motion to dismiss (doc. 55) is denied as moot. Signed by Judge Kristi K. DuBose on 10/20/09. (cmj)
GPO Sep 09 2010
ORDER denying 119 Motion to Clarify - FURTHER ORDERED that ANZ shall, no later than September 30, 2010, make the Responsive Media available to Stroz Friedberg as set out; STAYING 122 Motion for Issuance of a Rule to Show Cause; GRANTING 137 Motion to Vacate to the extent that all remaining deadlines presently set forth in the Rule 16(b) Scheduling Order entered on September 29, 2009 (doc. 58) are hereby VACATED.; finding as moot 153 Motion for Limited Protective Order. Signed by Magistrate Judge Katherine P. Nelson on 9/9/10. Copies to parties. (mpp)
GPO Jan 26 2011
REPORT AND RECOMMENDATION entered for the reasons stated and articulated in the undersigned's Orders entered on May 4, 2010 (doc. 113) and September 9, 2010 (doc. 154), it is recommended that the claims asserted in this case by both ANZ International and ANZ USA be DISMISSED with prejudice pursuant to Fed.R.Civ.P. 37(b)(2)(A). Objections to R&R due by 2/9/2011. Signed by Magistrate Judge Katherine P. Nelson on 1/26/2011. (mca)
GPO Mar 03 2011
ORDER ADOPTING 176 REPORT AND RECOMMENDATION that the claims asserted in this case by both ANZ International and ANZ USA be DISMISSED with prejudice pursuant to Fed.R.Civ.P. 37(b)(2)(A). The counterclaim filed by defendants shall remain pending. If it is defendants' intent not to proceed on the counterclaim, they should file the appropriate pleading by 3/14/2011 to dismiss the counterclaim. Signed by Judge Kristi K. DuBose on 3/3/2011. (cmj)
GPO May 06 2011
ORDER denying 194 Motion/Notice of Withdrawal of Attorney Speagle, at this time; denying 195 Motion to Strike; denying 196 Motion to Strike; granting 192 Motion for Leave to File Excess Pages, as set out and to be filed by 5/17/11; the request of Mr. Speagle and Mr. Zakaria for oral arguments will be address when the issues have been fully briefed by the parties. Signed by Magistrate Judge Katherine P. Nelson. on 5/6/2011. (cmj)
GPO Feb 07 2012
REPORT AND RECOMMENDATIONS re 182 MOTION for Sanctions. It is recommended that Bush Hog's motion for sanctions be GRANTED, in part and DENIED, in part. It is specifically recommended that the motion be GRANTED to the extent that sanctions, which are not inconsistent with this Report and Recommendation and are subsequently proven by Bush Hog within 14 days of the adoption of this Report and Recommendation by the District Court, be imposed against ANZ and its principals, Irfan Sheriff and Rakesh Vashee, jointly and severally. It is further recommended that the motion for sanctions be DENIED to the extent Bush Hog seeks sanctions against Scott Speagle and M. Ali Zakaria. Objections to R&R due by 2/22/2012. Signed by Magistrate Judge Katherine P. Nelson on 2/7/12. copies to parties. (sdb)
GPO Mar 05 2012
Order adopting 217 REPORT AND RECOMMENDATIONS re 182 MOTION for Sanctions. The motion for sanctions is granted in part and denied in part as set out. Attorneys Speagle and Zakaria are to provide the court with proof of receipt as set out. Defendants request to prove expenses is granted and such proof is to be filed by 3/19/12. ANZ USA, et al. are to show cause by 4/2/12 why defendants' claim does not constitute a reasonable amount, as set out. The Court will TUS 4/3/12. Defendants' motion to voluntarily dismiss the counterclaim without prejudice is granted. Final judgment will be entered after determination of sanctions. Signed by Judge Kristi K. DuBose on 3/5/2012. (cmj)
GPO Jun 29 2012
REPORT AND RECOMMENDATIONS re 182 MOTION for Sanctions. It is recommended that sanctions be awarded to Bush Hog's in the amount of $335,241.50, representing attys' fees in the amount of $233,903.75 plus reimbursement for the fees and expenses paid to Bush Hog's expert, Professor Marc Galanter, in the amount of $101,337.75. Judgment should be entered in favor of the dfts, Bush Hog, LLC and Henry Crown & Company, and against the plfs, ANZ International Manufacturing Private Limited and ANZ Advanced Technologies, LLC d/b/a ANZ USA, and plfs' principals, Irfan Sheriff and Rakesh Vashee, jointly and severally, in the amount of $335,241.50. It is further recommended that, inasmuch as the Court has not yet permitted ANZ's counsel, Scott M. Speagle and Mr. M. Ali Zakaria, to withdraw (docs. 213 and 215) and neither Speagle nor Zakaria has provided this Court with the Indian address of ANZ6 that Counsel, jointly or severally, shall serve a copy of this Report and Recommendation on their clients and advise this Court in writing of the method they utilized to effectuate service. Objections to R&R due by 7/13/2012. Signed by Magistrate Judge Katherine P. Nelson on 6/29/2012. (sdb)
GPO Jun 29 2012
Order re: 213 MOTION to Withdraw filed by ANZ USA, LLC, and ANZ International Manufacturing Private Limited. Upon receipt of the proof by Mr. Speagle and Mr. Zakaria, jointly or severally, that service of this Order and the 223 Report and Recommendation has been perfected on their clients, the Court will grant counsel's motion to withdraw. Signed by Magistrate Judge Katherine P. Nelson on 6/29/2012. (sdb)
GPO Jul 27 2012
ORDER ADOPTING 223 REPORT AND RECOMMENDATIONS re 182 MOTION for Sanctions. Granting 213 and 215 MOTIONS to Withdraw. Signed by Judge Kristi K. DuBose on 7/27/2012. (sdb)
GPO Jul 27 2012
JUDGMENT that all claims asserted by the plfs are dismissed with prejudice; that dfts' counterclaim is dismissed without prejudice; and that JUDGMENT be entered in favor of dfts, Bush Hog, LLC and Henry Crown & Company, and against the plfs, ANZ International Manufacturing Private Limited and ANZ Advanced Technologies, LLC d/b/a ANZ USA, and plfs' principals, Irfan Sheriff and Rakesh Vashee, jointly and severally, in the amount of $335,241.50, representing attorneys' fees in the amount of $233,903.75 plus reimbursement for the fees and expenses paid to Bush Hog's expert, Professor Marc Galanter, in the amount of $101,337.75. Signed by Judge Kristi K. DuBose on 7/27/2012. copies to parties. (sdb)


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