Belden-Hutter, Inc. v. RB International, Inc.
Ohio Northern District Court | |
Judge: | Sara Lioi |
Referred: | Carmen E Henderson |
Case #: | 5:23-cv-02209 |
Nature of Suit | 190 Contract - Other Contract |
Cause | 28:1330 Breach of Contract |
Case Filed: | Nov 14, 2023 |
Last checked: Sunday May 12, 2024 4:44 AM EDT |
Defendant
R.B. International, Inc.
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Represented By
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Plaintiff
Belden-Hutter, Inc.
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Represented By
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Docket last updated: 3 hours ago |
Thursday, May 08, 2025 | ||
47 | 47
![]() Amended Case Management Plan and Trial Order. Case is assigned to the standard track. Deadline for filing dispositive motions 6/18/2025; Deadline for filing oppositions to motions 7/16/2025; Deadline for filing replies to responses 7/30/2025; Final Pretrial Conference set for 10/22/2025 at 1:00 p.m. in Courtroom 530; Jury Trial set on two week standby period beginning 11/17/2025. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Chief District Judge Sara Lioi on 5/8/2025. (V,A) |
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minutes
Status Conference
Thu 05/08 1:02 PM
Minutes of proceedings [non-document] before Chief District Judge Sara Lioi. A telephonic status conference was conducted on May 8, 2025. Attorneys Barbara Kramer and Douglas Andrews participated on behalf of plaintiff. Attorneys Elisabeth Ross and Frank Falcone participated on behalf of defendant. The status of discovery was discussed. The parties agreed that expert discovery is not necessary. The Court set remaining deadlines for dispositive motions and trial accordingly, which will be published in a separate Amended Case Management Plan and Trial Order. Additionally, the parties agreed that mediation is desirable. The Court will contact the Honorable James S. Gwin to determine if he is available to mediate the case. If so, the Court will make the appropriate referral. (Court Reporter: None.) Time: 15 minutes. (V,A) |
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Friday, May 02, 2025 | ||
order
Order
Fri 05/02 11:03 AM
Order [non-document]. The Court agrees with the recommendations of the Magistrate Judge ( see Minutes of Proceedings, filed 5/1/2025), and both parties have indicated to the Court that they do not intend to file objections. Accordingly, the fact discovery deadline is extended until May 22, 2025, for the limited purpose of conducting Mr. Grubbs's deposition. The parties should also continue to coordinate Ms. Liang's deposition and be prepared to update the Court on their progress at the May 8 status conference. Chief District Judge Sara Lioi on 5/2/2025. (V,A) |
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Thursday, May 01, 2025 | ||
minutes
Discovery Hearing
Thu 05/01 3:19 PM
Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. This matter was referred to this Court for resolution of the discovery dispute outlined in defendant's Notice of Discovery Dispute and Request for Rule 37.1 Telephone Conference (Doc. No.45 ) and resolution of such other discovery-related issues that may develop in this case. (ECF No.46 ). On April 30, 2025, this Court held a telephone conference with the parties' representatives regarding Defendant's Notice of Discovery Dispute. Attorneys Barbara Kramer and Douglas Andrews appeared on behalf of Plaintiff; Attorney Elisabeth Ross appeared on behalf of Defendant. After hearing argument from both parties, the Court Ordered as follows: 1) Plaintiff shall provide Defendant with the unredacted emails referenced in the discovery dispute no later than May 7, 2025. 2) Plaintiff shall make its employee Scott Grubbs available for deposition. This Court recommends that the discovery deadline be extended until May 22, 2025 for the limited purpose of conducting Mr. Grubbs's deposition. 3) Defendant shall produce its president Strawberry Liang for deposition in a location outside of China. Plaintiff represented that Ms. Liang's deposition is not needed prior to filing dispositive motions. Therefore, defense counsel shall work with plaintiff's counsel to arrange a mutually agreeable date and location for Ms. Liang's deposition and inform the Court during or before the next status conference, which is currently scheduled for May 8, 2025 at 11:00 a.m., of the agreed upon date and location for Ms. Liang's deposition. This Court recommends that that the fact discovery deadline be extended until such time that does not interfere with the trial of this matter for the limited purpose of conducting Ms. Liang's deposition. 4) Defendant shall pay the costs of an interpreter for Ms. Liang's deposition if an interpreter is preferred. Ms. Liang reads and understands English and regularly communicates and conducts business fluently in English. The presence of an interpreter would be for her comfort, not a necessity. It is so ordered. (Court Reporter: None.)Time: 56 Minutes. (M,Do) |
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Wednesday, April 30, 2025 | ||
46 | 46
![]() Order referring case to Magistrate Judge Carmen E. Henderson for resolution of the discovery dispute. Chief District Judge Sara Lioi on 4/30/2025. (V,A) |
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Notice of Hearing or Conference
Wed 04/30 9:16 AM
IMPORTANT: Notice [non-document] of Discovery Hearing set for 4/30/2025 at 02:00 PM in to be held telephonically before Magistrate Judge Carmen E. Henderson. (M,Do) |
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Tuesday, April 29, 2025 | ||
45 | 45
![]() Notice of Discovery Dispute and LR 37.1 Request for Telephone Conference filed by R.B. International, Inc.. (Ross, Elisabeth) |
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Monday, April 07, 2025 | ||
44 | 44
![]() Joint Status Report filed by R.B. International, Inc.. (Ross, Elisabeth) |
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Thursday, March 27, 2025 | ||
43 | 43
![]() Joint Motion for extension of time until April 7, 2025 to file Joint Status Report filed by Plaintiff Belden-Hutter, Inc.. (Kramer, Barbara) |
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order
Order on Motion for extension of time (other)
Thu 03/27 3:05 PM
Order [non-document] granting joint motion (Doc. No.43 ) for extension of time until April 7, 2025, to file Joint Status Report. Chief District Judge Sara Lioi on 3/27/2025. (V,A) |
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Wednesday, March 26, 2025 | ||
minutes
Telephone Conference
Wed 03/26 12:26 PM
Minutes of proceedings [non-document] before Chief District Judge Sara Lioi. On March 26, 2025, the Court conducted a telephonic conference at the parties' request, to discuss a time-sensitive discovery dispute. Attorney Elisabeth Ross participated on behalf of defendant, and attorney Barbara Kramer participated on behalf of plaintiff. Plaintiff designated two persons to testify on its behalf under Federal Rule of Civil Procedure 30(b)(6). At issue was whether plaintiff's second Rule 30(b)(6) witness could be present during the deposition of its first Rule 30(b)(6) witness. The Court advised that only plaintiff's designated party representative has a right to be present. Because plaintiff's second 30(b)(6) witness is not plaintiff's designated party representative, the parties agreed that she is not entitled to be present during the deposition of plaintiff's first 30(b)(6) witness. Additionally, the parties were advised that, should they desire a referral to mediation, they may so indicate in a status report or by contacting chambers directly. (Court Reporter: None.) Time: 30 minutes. (V,A) |
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Wednesday, February 19, 2025 | ||
42 | 42
![]() Order. The41 joint motion for leave to file under seal is Denied Without Prejudice. Chief District Judge Sara Lioi on 2/19/2025. (B,DL) |
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Wednesday, February 12, 2025 | ||
41 | 41
![]() Joint Motion to seal document filed by Plaintiff Belden-Hutter, Inc., Defendant R.B. International, Inc.. (Kramer, Barbara) |
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Tuesday, February 11, 2025 | ||
40 | 40
![]() Joint SEALED Motion TO FILE STIPULATION EXHIBIT UNDER SEAL PURSUANT TO PROTECTIVE ORDER 26 filed by Plaintiff Belden-Hutter, Inc., Defendant R.B. International, Inc.. Related document(s)26 . (Kramer, Barbara) |
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39 | 39
![]() Memorandum Opinion and Order denying without prejudice defendant's34 motion for leave to file a counterclaim. In the event defendant prevails, it may timely file a motion for attorney's fees. Chief District Judge Sara Lioi on 2/11/2025. (V,A) |
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38 | 38
![]() Joint Status Report filed by All Parties. (Kramer, Barbara) |
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Friday, January 17, 2025 | ||
37 | 37
![]() Notice of Intent to Serve Subpoena filed by R.B. International, Inc.. (Ross, Elisabeth) |
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Friday, December 27, 2024 | ||
36 | 36
![]() Joint Status Report filed by All Parties. (Ross, Elisabeth) |
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Thursday, December 26, 2024 | ||
35 | 35
![]() Opposition to34 Motion for leave to File a Counterclaim filed by Belden-Hutter, Inc..(Kramer, Barbara) |
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Monday, December 16, 2024 | ||
34 | 34
![]() Motion for leave to File a Counterclaim filed by Defendant R.B. International, Inc..(Falcone, Frank) |
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Tuesday, November 12, 2024 | ||
33 | 33
![]() Case Management Plan and Trial Order. Case is assigned to the standard track. Deadline to add parties or amend pleadings 1/31/2025; Deadline for completing fact discovery 4/30/2025; The parties have agreed to follow the default standard for discovery of electronically-stored information; Telephonic Status Conference set for 5/8/2025 at 11:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Chief District Judge Sara Lioi on 11/12/2024. (V,A) |
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32 | 32
![]() Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Belden-Hutter, Inc.. Related document(s)28 .(Kramer, Barbara) |
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minutes
Case Management Conference
Tue 11/12 4:18 PM
Minutes of proceedings [non-document] before Chief District Judge Sara Lioi. A telephonic case management conference was conducted on November 12, 2024. Attorneys Barbara Kramer and Douglas Andrews participated on behalf of plaintiff. Attorneys Elisabeth Ross and Patrick Kabasinski participated on behalf of defendant. The scope of discovery was discussed. Both parties seek discovery as to damages, but defendant also seeks discovery on whether the parties' course of conduct modified the terms of the contract. The Court declined to resolve the anticipated discovery disputes at this juncture but expects the parties to make good faith efforts to resolve any such disputes and to follow the procedures set forth in Local Rule 37.1. The Court also set certain deadlines, which will be published in the separate Case Management Plan and Trial Order. The Court set a status conference to occur after the close of fact discovery, to determine whether expert discovery will be needed and to set the remaining deadlines accordingly. The parties were also reminded of their obligation to file 45-day joint status reports. (Court Reporter: None.) Time: 1 hour. (V,A) |
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Friday, November 08, 2024 | ||
31 | 31
![]() Attorney Appearance by Patrick M. Kabasinski filed by on behalf of R.B. International, Inc.. (Kabasinski, Patrick) |
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Thursday, November 07, 2024 | ||
30 | 30
![]() Amended Joint Report of Parties' Planning Meeting, parties do not consent to this case being assigned to the magistrate judge - filed by Belden-Hutter, Inc. Related document(s)29 . (Kramer, Barbara) Modified text on 11/7/2024 (E,CK) |
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29 | 29
![]() Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Belden-Hutter, Inc. Related document(s)28 . (Kramer, Barbara) Modified text on 11/7/2024 (E,CK) |
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Wednesday, October 16, 2024 | ||
28 | 28
![]() Case Management Conference Scheduling Order : Telephone case management conference, with counsel only, to be held on 11/12/2024 at 1:00 p.m. before Judge Sara Lioi. Directions for joining the call will be emailed to counsel of record no later than the day before the CMC. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. A report of the planning meeting shall be jointly signed and filed with the Court not less than three business days before the CMC. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Chief District Judge Sara Lioi on 10/16/2024. (V,A) |
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27 | 27
![]() Joint Status Report filed by Belden-Hutter, Inc.. (Kramer, Barbara) |
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Thursday, August 29, 2024 | ||
26 | 26
![]() Protective Order regarding confidential documents. Chief District Judge Sara Lioi on 8/29/2024. (V,A) |
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Wednesday, August 28, 2024 | ||
25 | 25
![]() Proposed Order , Stipulated Protective Order, filed by R.B. International, Inc.. (Pietrowski, Moira) |
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Wednesday, July 24, 2024 | ||
minutes
Status Conference
Wed 07/24 4:47 PM
Minutes of proceedings [non-document] before Chief District Judge Sara Lioi. On July 24, 2024, the Court conducted a telephonic status conference. Attorneys Barbara Kramer and Douglas Andrews participated on behalf of the plaintiff. Attorneys Elisabeth Ross and Moira Pietrowski participated on behalf of the defendant. The parties agreed to a schedule for mediation and an informal exchange of information necessary to facilitate settlement. The parties will enter a protective order consistent with that found in Appendix L of the Local Civil Rules. By August 31, 2024, defendant will produce information on all orders received and accepted by it from June 4, 2019, through May 10, 2022, including information pertaining to the commission rate for each sale. The parties will then conduct a mediation before a private mediator in September 2024. Formal discovery is otherwise stayed until mediation is completed. The parties will notify the Court of the case status upon completing mediation. If the case does not resolve during mediation, the Court will set a case management conference to determine dates and deadlines for the remainder of the case, including formal discovery. (Court Reporter: None.) Time: 30 minutes. (V,A) |
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Friday, July 19, 2024 | ||
24 | 24
![]() Report of Parties' Planning Meeting Pursuant to the Court's June 24, 2024 Order - filed by Belden-Hutter, Inc.. Related document(s)23 .(Kramer, Barbara) |
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Monday, June 24, 2024 | ||
23 | 23
![]() Memorandum Opinion and Order granting plaintiff Belden-Hutter, Inc.'s19 motion for order and denying defendant R.B. International, Inc.'s20 motion for judgment on the pleadings. The Court concludes that, under the terms of the Agreement, construed under Ohio law, plaintiff Belden-Hutter earned commission on all orders received and accepted by R.B. International from Belden-Hutter's exclusive territory excluding cam followers and track rollers. The parties shall now confer and, by July 19, 2024, submit a joint report as to what issues remain for resolution and how they propose these issues be addressed. In addition, now that this threshold issue of contract interpretation is resolved, the parties shall indicate in the joint report whether they are amendable to mediation before a magistrate judge, member of the Court's ADR panel, or a private mediator. The Court will conduct a telephone conference with counsel on July 24, 2024, at 1:00 p.m. to discuss a plan for going forward; directions for joining the call will be sent prior to the conference by email. Chief District Judge Sara Lioi on 6/24/2024. (B,DL) |
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Friday, May 03, 2024 | ||
22 | 22
![]() Response to19 Motion pursuant to the Court's March 12, 2024 Order for entry of an Order determining that the parties unambiguous contract required RBI to pay commissions on all paid orders in Belden-Hutters exclusive territory,20 Motion for judgment on the pleadings filed by R.B. International, Inc.. (Falcone, Frank) |
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21 | 21
![]() Response to20 Motion for judgment on the pleadings filed by Belden-Hutter, Inc.. (Kramer, Barbara) |
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Friday, April 12, 2024 | ||
20 | 20
![]() Motion for judgment on the pleadings filed by Defendant R.B. International, Inc.. (Falcone, Frank) |
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19 | 19
![]() Motion pursuant to the Court's March 12, 2024 Order for entry of an Order determining that the parties unambiguous contract required RBI to pay commissions on all paid orders in Belden-Hutters exclusive territory filed by Plaintiff Belden-Hutter, Inc..(Kramer, Barbara) |
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Tuesday, March 12, 2024 | ||
18 | 18
![]() Order regarding simultaneous motions. Motions due 4/12/2024. Response briefs, if any, due 5/3/2024. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 3/12/2024. (V,A) |
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minutes
Case Management Conference
Tue 03/12 4:28 PM
Minutes of proceedings [non-document] before Judge Sara Lioi. On March 12, 2024, the Court conducted a telephonic case management conference. Attorneys Barbara Kramer and Douglas Andrews participated on behalf of the plaintiffs. Attorneys Elisabeth Cross, Frank Falcone, and Moira Pietrowski participated on behalf of the defendant. The Court discussed the possibility of referring this case for mediation and the parties agreed that mediation would not be possible without the Court first ruling on the scope and meaning of the parties' governing contract. In their report of parties' planning (Doc. No.17 , at 4), and during the case management conference, both parties insisted that the governing contract is unambiguous, but the parties have dueling interpretations of the allegedly unambiguous contract. To settle this part of the dispute, plaintiff requested that the parties immediately brief the Court on the meaning of the contract. Plaintiff argues that if the contract is clear and unambiguous, as both parties contend, external evidence could not properly be considered by the Court, so briefing the issue before discovery would be the most efficient and expeditious way to resolve the issue. Defendant suggested a different plan. Defendant requested bifurcating liability and damages. In the first stage, the parties would conduct "limited" discovery for communications related to how the parties interpreted the contract and their course of conduct following the contract's execution. But like the plaintiff, defendant repeatedly maintained that the contract is clear and unambiguous. Nonetheless they submitted that this "limited" discovery for extrinsic evidence should be allowed in the event that the Court disagreed with the parties' position that that the pertinent terms of the contract are clear and unambiguous. Once the scope and meaning of contract is decided, defendant continued, the parties would conduct discovery for damages. Defendant contends that this plan would be more efficient than the one proposed by plaintiff. Given the parties' joint agreement concerning the contract's clarity and the centrality of the contract's meaning for this dispute, the parties shall file simultaneous motions regarding the contract's meaning as it they pertains to the disputed issues in this case. The deadlines and requirements of this briefing will be addressed by a separate order issued by the Court. To the extent that it is required, all other dates and deadlines will be set by the Court after it issues a ruling on this issue. (Court Reporter: None.) Time: 45 minutes. (V,A) |
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Thursday, March 07, 2024 | ||
17 | 17
![]() Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Kramer, Barbara) |
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Thursday, February 08, 2024 | ||
order
Order on Motion to appear pro hac vice
Thu 02/08 8:19 AM
Order [non-document] granting defendant's15 and16 motions for appearance pro hac vice by attorneys Elisabeth C. Ross and Frank M. Falcone for R.B. International, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Sara Lioi on 2/8/2024. (V,A) |
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Tuesday, February 06, 2024 | ||
order
Order on Motion to appear pro hac vice
Tue 02/06 9:41 AM
Order [non-document] granting defendant's14 motion for appearance pro hac vice by attorney James J. Hickey for R.B. International, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Sara Lioi on 2/6/2024. (V,A) |
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Monday, February 05, 2024 | ||
16 | 16
![]() Motion for attorney Frank M. Falcone to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12391845, filed by Defendant R.B. International, Inc..(Pietrowski, Moira) |
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15 | 15
![]() Motion for attorney Elisabeth C. Ross to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12391809, filed by Defendant R.B. International, Inc..(Pietrowski, Moira) |
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14 | 14
![]() Motion for attorney James J. Hickey to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12391757, filed by Defendant R.B. International, Inc..(Pietrowski, Moira) |
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Monday, January 29, 2024 | ||
13 | 13
![]() Case Management Conference Scheduling Order : Telephone case management conference, with counsel only, to be held on 3/12/2024 at 11:30 a.m. before Judge Sara Lioi. Directions for joining the call will be emailed to counsel of record no later than the day before the CMC. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 2/27/2024. All other parties must serve on opposing parties the initial disclosures by 3/5/2024. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 1/29/2024. (V,A) |
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Friday, January 26, 2024 | ||
12 | 12
![]() Answer to1 Complaint,, filed by RB International, Inc.. (Pietrowski, Moira) |
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Tuesday, January 23, 2024 | ||
11 | 11
![]() Corporate Disclosure Statement filed by RB International, Inc.. (Pietrowski, Moira) |
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order
Order on Motion for extension of time to answer
Tue 01/23 9:31 AM
Order [non-document] granting defendant's10 Motion for Extension of Time to Answer. Defendant RB International, Inc. shall have up to and including 1/26/2024, to answer or otherwise respond to plaintiff's complaint. Judge Sara Lioi on 1/23/2024. (V,A) |
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Monday, January 22, 2024 | ||
10 | 10
![]() Unopposed Motion for extension of time until 01/26/24 to answer Plaintiff's Complaint filed by Defendant RB International, Inc.. (Pietrowski, Moira) |
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Thursday, December 07, 2023 | ||
9 | 9
![]() Waiver of Service Returned Executed by Belden-Hutter, Inc.. RB International, Inc. waiver sent on 11/21/2023, answer due 1/22/2024 filed on behalf of Belden-Hutter, Inc. (Kramer, Barbara) |
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8 | 8
![]() Attorney Appearance by Barbara H. Kramer filed by on behalf of Belden-Hutter, Inc.. (Kramer, Barbara) |
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Wednesday, November 15, 2023 | ||
7 | 7
![]() Original Summons issued to counsel for service upon RB International, Inc.. (P,G) |
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Tuesday, November 14, 2023 | ||
6 | 6
![]() Initial Standing Order. Judge Sara Lioi on 11/14/2023. (P,G) |
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5 | 5
![]() Praecipe for issuance of Original Summons filed by Belden-Hutter, Inc.. Related document(s)1 .(Andrews, Douglas) |
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4 | 4
![]() Magistrate Consent Form issued. No summons issued, none provided. (P,G) |
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3 | 3
![]() Supplement to Complaint, - Supplement Civil Cover Sheet, filed by Belden-Hutter, Inc.. Related document(s)1 . (Andrews, Douglas) |
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2 | 2
![]() Corporate Disclosure Statement filed by Belden-Hutter, Inc.. (Andrews, Douglas) |
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1 | 1
![]() Complaint with jury demand against RB International, Inc. Filing fee paid, $402.00. Receipt number AOHNDC-12273677. Filed by Belden-Hutter, Inc. (Andrews, Douglas) |
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utility
Add and Terminate Judge
Tue 11/14 2:30 PM
Judge Sara Lioi assigned to case. (P,G) |
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oth_evt
Random Assignment of Magistrate Judge
Tue 11/14 2:32 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (P,G) |