GEORGES RIVER ENERGY LLC v. KMW ENERGY INC
Filing
63
PROCEDURAL ORDER Reserving Ruling re 62 MOTION for Default Judgment as to Buffalo Turbines Inc and Chola Turbo Machinery International PVT. LTD filed by KMW ENERGY INC. Documents specified in this order shall be filed by 6/3/2022.) By JUDGE GEORGE Z. SINGAL. (lrt)
Case 1:20-cv-00293-GZS Document 63 Filed 05/06/22 Page 1 of 3
PageID #: 250
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
KMW ENERGY, INC.,
Third-Party Plaintiff,
v.
CHOLA TURBO MACHINERY
INTERNATIONAL PRIVATE LIMITED
& BUFFALO TURBINES, Inc.,
Third-Party Defendants.
)
)
)
)
) Docket no. 1:20-cv-00293-GZS
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)
PROCEDURAL ORDER
Before the Court is Third-Party Plaintiff KMW Energy, Inc.’s Motion for Default
Judgment (ECF No. 62). In order to evaluate whether to retain subject matter jurisdiction under
28 U.S.C. § 1367(c)(3), 1 and, in the event it does so, to determine whether to conduct a hearing in
accordance with Federal Rule of Civil Procedure 55(b)(2), the Court hereby requests that KMW
Energy submit copies of the following documents:
•
The Contract between KMW Energy and Plaintiff Georges River Energy, LLC, pursuant
to which KMW Energy agreed to construct the turbine project at issue (see Third-Party
Complaint (ECF No. 24), PageID # 102);
•
The Proposal and Purchase Order numbered 603349 that together formed a contractual
relationship between KMW Energy and Third-Party Defendant Buffalo Turbines, Inc. for
the provision of a turbine (see id., PageID #s 102–03);
See Allstate Interiors & Exteriors, Inc. v. Stonestreet Constr., Inc., 730 F.3d 67, 70–71 & 72–74 (1st Cir. 2013)
(addressing a district court’s discretion to retain supplemental subject matter jurisdiction after the claims on which
supplemental jurisdiction was originally based are no longer live).
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Case 1:20-cv-00293-GZS Document 63 Filed 05/06/22 Page 2 of 3
•
PageID #: 251
The Performance Bond numbered BDTO-150002-016, issued by Defendant Liberty
Mutual Insurance Company (see Leveille Affidavit (ECF No. 62-1), PageID # 248);
•
The Indemnity Agreements between KMW Energy and Nor-Arc Steel Fabricators (see id.);
•
The 2016 Corporate Guarantee and 2018 Performance Guarantee provided by Third-Party
Defendant Chola Turbo Machinery International Private Limited to KMW Energy (see
Third-Party Complaint, PageID # 103);
•
The 06/22/2020 Order of the Ontario Superior Court of Justice in Bankruptcy Action No.
35-2638322, pursuant to which Georges River Energy was granted leave to commence an
action against KMW Energy (see Amended Complaint (ECF No. 8), PageID # 38; Leveille
Affidavit, PageID # 248);
•
Any other filings and/or orders in the aforementioned Bankruptcy Action No. 35-2638322
that show how Nor-Arc Steel Fabricators and 2751602 Ontario, Inc. acquired any assets
and interests of KMW Energy (see Leveille Affidavit, PageID # 248);
•
The Settlement Agreement between Georges River Energy and KMW Energy, pursuant to
which those parties stipulated to dismissal of Georges River from this action (see
Stipulation of Dismissal (ECF No. 54); Leveille Affidavit, PageID # 248);
•
Proof of payment for the $2.5 million tendered to Georges River Energy under the
Settlement Agreement (see Leveille Affidavit, PageID # 248);
•
Any other document that counsel considers relevant to the Court’s decision to exercise
supplemental jurisdiction or to award damages in accordance with Rule 55(b)(2).
The Court hereby RESERVES RULING on the Motion for Default Judgment (ECF
No. 62) pending its receipt and review of the above-listed documents. Absent a request for
extension, these documents shall be provided to the Court no later than June 3, 2022.
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Case 1:20-cv-00293-GZS Document 63 Filed 05/06/22 Page 3 of 3
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 6th day of May, 2022.
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PageID #: 252
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