| Court: | mied |
| Docket #: | 2:08-cv-14816 |
| Case Name: | Delphi Automotive Systems Services, LLC v. Access Electronics, Incorporated |
| PACER case #: | 235004 |
| Date filed: | 2008-11-17 |
| Date terminated: | 2009-10-26 |
| Assigned to: | District Judge Stephen J Murphy, III |
| Referred to: | Magistrate Judge Virginia M Morgan |
| Case Cause: | No cause code entered |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Delphi Automotive Systems Services, LLC Plaintiff |
James E. Wynne Daniel R.W. Rustmann |
| Access Electronics, Incorporated Defendant |
Dennis J. Levasseur Jason R. Gourley |
| Citizens Bank Intervenor Defendant TERMINATED: 07/01/2009 |
Daniel W. Linna , Jr. |
| Access Electronics, Incorporated Counter Claimant |
Dennis J. Levasseur Jason R. Gourley |
| Delphi Automotive Systems Services, LLC Counter Defendant |
James E. Wynne Daniel R.W. Rustmann |
| Citizens Bank Counter Claimant TERMINATED: 07/01/2009 |
Daniel W. Linna , Jr. |
| Citizens Bank Counter Defendant TERMINATED: 07/01/2009 |
Daniel W. Linna , Jr. |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2008-11-17 | 1 | 0 | NOTICE OF REMOVAL by Access Electronics, Inc. from Wayne County Circuit Court, case number 08-15353-CZ. Receipt No: 06450000000001769289 - Fee: $ 350 [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - part 1 - Summons and Verified Complaint, # 3 Exhibit A - part 2, # 4 Exhibit A - part 3, # 5 Exhibit A - part 4, # 6 Exhibit A - part 5, # 7 Exhibit B-1 Plaintiff's Motion for Ex Parte TRO, # 8 Exhibit B-2 Plaintiff's Brief in Support of Motion for Ex Parte TRO, # 9 Exhibit B-3 Initial TRO, # 10 Exhibit B - 4 Defendant's Motion to Dissolve Ex Parte TRO and Brief in Support, # 11 Exhibit B-5 Plaintiff's Response to Motion to Dismiss Ex Parte TRO, # 12 Exhibit B-6 Order Dissolving Ex Parte TRO) (Levasseur, Dennis) (Entered: 11/17/2008) | |||
| 2008-11-20 | 2 | 0 | NOTICE by Access Electronics, Incorporated re 1 Notice of Removal,,, Filing Addendum to Exhibit B to Defendant's Notice of Removal (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Delphi's Emergency Motion for Modification of TRO Rulings (Addendum to Exhibit B to Defendant's Notice of Removal)) (Levasseur, Dennis) (Entered: 11/20/2008) | |||
| 2008-11-20 | 3 | 0 | MOTION for Temporary Restraining Order and Preliminary Injunction by Delphi Automotive Systems Services, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit) (Rustmann, Daniel) (Entered: 11/20/2008) | |||
| 2008-11-22 | 4 | 0 | ORDER for Submission of Evidence on 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Delphi Automotive Systems Services, LLC. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 11/22/2008) | |||
| 2008-11-25 | 5 | 0 | AFFIDAVIT of Michael Olson re 4 Order by Delphi Automotive Systems Services, LLC (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2) (Rustmann, Daniel) (Entered: 11/25/2008) | |||
| 2008-11-25 | 6 | 0 | AFFIDAVIT re 4 Order by Delphi Automotive Systems Services, LLC (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7) (Rustmann, Daniel) (Entered: 11/25/2008) | |||
| 2008-11-25 | 7 | 0 | NOTICE by Access Electronics, Incorporated re 3 MOTION for Temporary Restraining Order and Preliminary Injunction Submitting Evidence (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Affidavit of T.J. Teck, # 3 Exhibit A - Accommodation Agreement, # 4 Exhibit B - Access and Security Agreement, # 5 Exhibit C - September 19, 2008, Delphi Letter of Termination, # 6 Exhibit D - Delphi Sample Forecasts vs. Releases 2008, # 7 Exhibit E - Access Material Leadtimes, # 8 Exhibit F - October 24, 2008 Notice to Delphi Regarding Deadline for Releases, # 9 Exhibit G - Comparison of Delphi Requirements, # 10 Exhibit H - Post October 24, 2008 Sample Forecast/Release, # 11 Exhibit I - Cumulative Domestic Automobile Production Incorporating Access' Products July 2008 through November 2008, # 12 Exhibit J - November 4, 2008 Email form Access Regarding Payment Block, # 13 Exhibit K - November 5, 2008 Email Confirming Delphi's Refusal to Issue Payment, # 14 Exhibit L - Transcript of Hearing on Delphi's Emergency Motion for TRO, # 15 Exhibit M - Delphi Wire Transfer History, # 16 Exhibit N - November 5, 2008 Access Notice of Default to Delphi, # 17 Exhibit O - November 5, 2008 Delphi Notice of Default to Access, # 18 Exhibit P - Comparison of Delphi Daily Demand with Four-Month Average, # 19 Exhibit Q - Critical Part Analysis and Delphi Inventory) (Levasseur, Dennis) (Entered: 11/25/2008) | |||
| 2008-11-26 | 8 | 0 | RESPONSE to 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Access Electronics, Incorporated. (Levasseur, Dennis) (Entered: 11/26/2008) | |||
| 2008-12-01 | 9 | 0 | ORDER granting in part and denying in part 3 Motion for TRO and Setting Evidentiary Hearing for December 8, 2008 at 2:00 PM. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 12/01/2008) | |||
| 2008-12-01 | 10 | 0 | ANSWER to Complaint with Affirmative Defenses, COUNTERCLAIM filed by Access Electronics, Incorporated against Delphi Automotive Systems Services, LLC by Access Electronics, Incorporated. (Levasseur, Dennis) (Entered: 12/01/2008) | |||
| 2008-12-08 | 11 | 0 | Injunction BOND in the amount of $ $250,000.00 posted by Delphi Automotive Systems Services, LLC (Rustmann, Daniel) (Entered: 12/08/2008) | |||
| 2008-12-08 | 12 | 0 | DECLARATION by Carmen Vargas re 8 Response to Motion for TRO and Preliminary Injunction filed by Delphi Automotive Systems Services, LLC (Rustmann, Daniel) Modified on 12/8/2008 (NHol). [DOCUMENT IS IN REFERENCE TO 3 ONLY, MOTION FOR TRO AND PRELIMINARY INJUNCTION] (Entered: 12/08/2008) | |||
| 2008-12-08 | 13 | 0 | DECLARATION by Ernesto Brambila 3 Motion for TRO filed by Delphi Automotive Systems Services, LLC (Rustmann, Daniel) (Entered: 12/08/2008) | |||
| 2008-12-08 | 14 | 0 | DECLARATION by Humberto Cossio Borboa 3 Motion for TRO filed by Delphi Automotive Systems Services, LLC (Rustmann, Daniel) (Entered: 12/08/2008) | |||
| 2008-12-09 | 15 | 0 | ORDER Extending and Modifying Preliminary Injunction. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 12/09/2008) | |||
| 2008-12-11 | 16 | 0 | NOTICE by Access Electronics, Incorporated re 15 Order Submitting Factual Affidavits Per Conference Call Instruction (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1) Affidavit of T.J. Teck, # 3 Exhibit A. Email re Production of Parts, # 4 Exhibit B. Emails Evidencing Communication between Access and Delphi, # 5 Exhibit C. Chart Showing Access Production for Delphi, # 6 Exhibit D. Summary of Parts with Market Demand, # 7 Exhibit E. Chart Showing Shipment of Critical Parts, # 8 Exhibit F. Delphi Email re Shipment of Critical Parts, # 9 Exhibit 2. Affidavit of Diane Sala, # 10 Exhibit A. Email Regarding Production, # 11 Exhibit B. Emails Evidencing Communications Between Access and Delphi, # 12 Exhibit C. Birch Email) (Levasseur, Dennis) (Entered: 12/11/2008) | |||
| 2008-12-11 | 17 | 0 | AFFIDAVIT re 3 MOTION for Temporary Restraining Order and Preliminary Injunction by Delphi Automotive Systems Services, LLC (Rustmann, Daniel) (Entered: 12/12/2008) | |||
| 2008-12-17 | 18 | 0 | Emergency MOTION for Preliminary Injunction (to Modify Prior Prelimninary Injunction) by Delphi Automotive Systems Services, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Rustmann, Daniel) (Entered: 12/17/2008) | |||
| 2008-12-18 | 19 | 0 | RESPONSE to 18 Emergency MOTION for Preliminary Injunction (to Modify Prior Prelimninary Injunction) filed by Access Electronics, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Quality Scorecard November 2008, # 3 Exhibit B - Production for Delphi Chart, # 4 Exhibit C - December 12, 2008 E-Mail, # 5 Exhibit D - Final Build Out Quantities Chart, # 6 Exhibit E - Production for Delphi Chart - Select Parts, # 7 Exhibit F - Production for Delphi Chart - Actual Shipments, # 8 Exhibit G - Indented Parts List, # 9 Exhibit H - November 10, 2008 Hearing Transcript Excerpts, # 10 Exhibit I - Accomodation Agreement) (Levasseur, Dennis) (Entered: 12/18/2008) | |||
| 2008-12-19 | 20 | 0 | ATTORNEY APPEARANCE: Jason R. Gourley appearing on behalf of Access Electronics, Incorporated (Gourley, Jason) (Entered: 12/19/2008) | |||
| 2008-12-19 | 21 | 0 | ORDER granting in part 18 Motion to Extend Preliminary Injunction. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 12/19/2008) | |||
| 2008-12-23 | 22 | 0 | ANSWER to Complaint with Affirmative Defenses by Delphi Automotive Systems Services, LLC. (Rustmann, Daniel) (Entered: 12/23/2008) | |||
| 2008-12-29 | 23 | 0 | MOTION Clarification re 21 Order on Motion for Preliminary Injunction by Access Electronics, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A) (Gourley, Jason) (Entered: 12/29/2008) | |||
| 2009-01-05 | 24 | 0 | MOTION to Expedite Hearing on Motion for Clarification by Access Electronics, Incorporated. (Gourley, Jason) (Entered: 01/05/2009) | |||
| 2009-01-06 | 25 | 0 | RESPONSE to 23 MOTION Clarification re 21 Order on Motion for Preliminary Injunction and Cross Motion for Clarification and/or Modification filed by Delphi Automotive Systems Services, LLC. (Attachments: # 1 Exhibit Spreadsheet Showing Parts Shortfalls and Requirements) (Rustmann, Daniel) (Entered: 01/06/2009) | |||
| 2009-01-06 | 26 | 0 | MOTION to Compel Payment for Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing by Access Electronics, Incorporated. (Attachments: # 1 Exhibit A. Letter From Mr. Bakst to Mr. Rustmann) (Gourley, Jason) (Entered: 01/06/2009) | |||
| 2009-01-09 | 27 | 0 | ORDER Referring Pretrial Matters to Magistrate Judge Steven D Pepe re 26 Motion to Compel, 23 Motion for Miscellaneous Relief, 24 Motion to Expedite. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 01/09/2009) | |||
| 2009-01-09 | 28 | 0 | RESPONSE to 26 MOTION to Compel Payment for Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing filed by Delphi Automotive Systems Services, LLC. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit January 5 & ^ Rustmann e-mails confirming Delphi will pay AEI invoice amounts on due date, January 7, 2009, # 3 Exhibit January 7, 2009 Wire Transfer Receipts Showing Payment of $816,833.87) (Rustmann, Daniel) (Entered: 01/09/2009) | |||
| 2009-01-09 | 29 | 0 | REPLY to Response re 26 MOTION to Compel Payment for Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing and Notice of Withdrawal of Motion filed by Access Electronics, Incorporated. (Levasseur, Dennis) (Entered: 01/09/2009) | |||
| 2009-01-12 | 30 | 0 | ORDER granting 23 Motion for Clarification; granting 24 Motion to Expedite. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 01/12/2009) | |||
| 2009-01-13 | 31 | 0 | NOTICE of hearing on 26 MOTION to Compel Payment for Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing. Resolved/Unresolved Issues due by 2/17/2009 Motion Hearing set for 2/24/2009 10:00 AM before Magistrate Judge Steven D Pepe. (VSim) (Entered: 01/13/2009) | |||
| 2009-02-20 | 32 | 0 | Second MOTION to Compel Payment For Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing by Access Electronics, Incorporated. (Attachments: # 1 Exhibit A. 2/18/09 Letter to Mr. Rustmann) (Gourley, Jason) (Entered: 02/20/2009) | |||
| 2009-03-05 | 33 | 0 | NOTICE of hearing on 32 Second MOTION to Compel Payment For Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing. Resolved/Unresolved Issues due by 3/12/2009 Motion Hearing set for 3/19/2009 10:00 AM before Magistrate Judge Steven D Pepe. (VSim) (Entered: 03/05/2009) | |||
| 2009-03-06 | 34 | 0 | AMENDED NOTICE of Telephonic hearing on 32 Second MOTION to Compel Payment For Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing. Resolved/Unresolved Issues due by 3/10/2009 Motion Hearing set for 3/12/2009 03:00 PM before Magistrate Judge Steven D Pepe. (VSim) (Entered: 03/06/2009) | |||
| 2009-03-09 | 35 | 0 | RESPONSE to 32 Second MOTION to Compel Payment For Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing filed by Delphi Automotive Systems Services, LLC. (Rustmann, Daniel) (Entered: 03/09/2009) | |||
| 2009-03-10 | 36 | 0 | STATEMENT of Resolved and Unresolved Issues by Access Electronics, Incorporated (Gourley, Jason) (Entered: 03/10/2009) | |||
| 2009-03-10 | 37 | 0 | AMENDED NOTICE of Telephonic hearing on 32 Second MOTION to Compel Payment For Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing. Resolved/Unresolved Issues due by 3/12/2009 Motion Hearing set for 3/19/2009 03:00 PM before Magistrate Judge Steven D Pepe. (VSim) (Entered: 03/10/2009) | |||
| 2009-03-10 | 38 | 0 | SECOND AMENDED NOTICE of Telephonic hearing on 32 Second MOTION to Compel Payment For Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing. Resolved/Unresolved Issues due by 3/10/2009 Motion Hearing set for 3/12/2009 03:00 PM before Magistrate Judge Steven D Pepe. (VSim) (Entered: 03/10/2009) | |||
| 2009-03-11 | 39 | 0 | RESPONSE to 32 Second MOTION to Compel Payment For Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing Supplemental filed by Delphi Automotive Systems Services, LLC. (Attachments: # 1 Exhibit Accomodation Agreement, # 2 Exhibit Guaranty Agreement, # 3 Exhibit Citizens' Demand Letter, # 4 Exhibit Delphi P.O. Terms) (Rustmann, Daniel) Modified on 3/12/2009 (DWor). [REQUESTED INDEX OF EXHIBITS] (Entered: 03/11/2009) | |||
| 2009-03-12 | 40 | 0 | MOTION to Strike 39 Response to Motion, by Access Electronics, Incorporated. (Gourley, Jason) (Entered: 03/12/2009) | |||
| 2009-03-16 | 41 | 0 | ORDER taking under advisement 32 Motion to Compel; denying 40 Motion to Strike. Signed by Magistrate Judge Steven D Pepe. (VSim) (Entered: 03/16/2009) | |||
| 2009-03-20 | 42 | 0 | NOTICE of IN-PERSON hearing on 32 Second MOTION to Compel Payment For Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing. Resolved/Unresolved Issues due by 3/23/2009 Motion Hearing set for 3/26/2009 02:00 PM before Magistrate Judge Steven D Pepe. (VSim) (Entered: 03/20/2009) | |||
| 2009-03-25 | 43 | 0 | Amended Notice of Motion Hearing and Order Requiring Compliance with Local Rules 7.1 and 37.1 on 32 Second MOTION to Compel Payment For Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing. Resolved/Unresolved Issues due by 3/31/2009 Motion Hearing set for 4/2/2009 10:00 AM in Detroit Courtroom 114 before Magistrate Judge Steven D Pepe. Signed by Magistrate Judge Steven D. Pepe (JCre) (Entered: 03/25/2009) | |||
| 2009-04-01 | 44 | 0 | SECOND AMENDED NOTICE of MOTION hearing and Order Requiring Compliance with Local Rules 7.1 and 37.1 on 32 Second MOTION to Compel Payment For Goods Sold Under Preliminary Injunction Order Dated December 1, 2008 and For Expedited Hearing. Resolved/Unresolved Issues due by 4/3/2009 Motion Hearing set for 4/6/2009 01:00 PM before Magistrate Judge Steven D Pepe. (DEld) (Entered: 04/01/2009) | |||
| 2009-03-30 | 45 | 0 | STIPULATED ORDER Permitting Citizens Bank to Intervene as a Defendant Signed by Magistrate Judge Steven D Pepe. (DEld) (Entered: 04/02/2009) | |||
| 2009-04-10 | 46 | 0 | STIPULATION AND ORDER Extending Deadlines Signed by Magistrate Judge Steven D Pepe. (VSim) (Entered: 04/10/2009) | |||
| 2009-04-17 | 47 | 0 | ANSWER to Complaint with Affirmative Defenses, COUNTERCLAIM filed by Citizens Bank against Citizens Bank by Citizens Bank. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1: September 28, 2007 Accommodation Agreement, # 3 Exhibit 2: September 28, 2007 Guaranty) (Linna, Daniel) (Entered: 04/17/2009) | |||
| 2009-04-17 | 48 | 0 | CERTIFICATE OF SERVICE by Citizens Bank re 47 Answer to Complaint,, Counterclaim, (Linna, Daniel) (Entered: 04/17/2009) | |||
| 2009-04-17 | 49 | 0 | ERRATA Sheet re: 47 Answer to Complaint,, Counterclaim, filed by Citizens Bank. by Citizens Bank (Corrected Answer, Affirmative Defenses and Counterclaim to Show Electronic Signature) (Linna, Daniel) (Entered: 04/17/2009) | |||
| 2009-04-20 | 50 | 0 | STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Citizens Bank identifying Corporate Parent Citizens Republic Bancorp for Citizens Bank. (Linna, Daniel) (Entered: 04/20/2009) | |||
| 2009-05-04 | 51 | 0 | MOTION for Withdrawal of Attorney Bodman LLP by Access Electronics, Incorporated. (Gourley, Jason) (Entered: 05/04/2009) | |||
| 2009-05-05 | 52 | 0 | NOTICE by Access Electronics, Incorporated re 51 MOTION for Withdrawal of Attorney Bodman LLP of Consent by Intervenor Citizens Bank to Relief Requested (Gourley, Jason) (Entered: 05/05/2009) | |||
| 2009-05-14 | 53 | 0 | REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Delphi Automotive Systems Services, LLC by Citizens Bank. (Linna, Daniel) (Entered: 05/14/2009) | |||
| 2009-05-14 | 54 | 0 | CLERK'S ENTRY OF DEFAULT as to *Delphi Automotive Systems Services, LLC* (DWor) (Entered: 05/14/2009) | |||
| 2009-05-28 | 55 | 0 | CERTIFICATE OF SERVICE by Access Electronics, Incorporated For Proposed Order To Withdraw As Counsel For Access Electronics, Inc. (Gourley, Jason) (Entered: 05/28/2009) | |||
| 2009-06-10 | 56 | 0 | ORDER granting 51 Motion to Withdraw as Attorney - Signed by Magistrate Judge Virginia M Morgan. (JJoh) (Entered: 06/10/2009) | |||
| 2009-07-01 | 57 | 0 | STIPULATION AND ORDER Dismissing Claims against Citizens Bank and Dismissing Citizen's Counterclaims against Delphi. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 07/01/2009) | |||
| 2009-10-15 | 58 | 0 | NOTICE TO APPEAR: Status Conference set for 10/26/2009 at 02:30 PM before Magistrate Judge Virginia M Morgan in Ann Arbor. (JJoh) (Entered: 10/15/2009) | |||
| 2009-10-26 | 59 | 0 | STIPULATED ORDER DISMISSING CASE Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 10/26/2009) |