J.D. Evans, Inc. v. Volvo Group North America, Inc. et al
| J.D. Evans, Inc. |
| Volvo Road Machinery, Inc., Volvo Group North America, Inc., Ingersoll-Rand Company and Volvo Construction Equipment North America, Inc. |
| 4:2008cv04059 |
| April 25, 2008 |
| US District Court for the District of South Dakota |
| Contract: Franchise Office |
| Minnehaha |
| Lawrence L Piersol |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 7, 2009. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 86 JUDGMENT OF DISMISSAL granting #85 Motion to Dismiss. Signed by U. S. District Judge Lawrence L. Piersol on 12/7/09. (DJP) |
| Filing 85 MOTION to Dismiss : PLAINTIFF'S REQUEST FOR STIPULATED DISMISSAL WITH PREJUDICE by J.D. Evans, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Signed Stipulation)(Healy, Michael) |
| Filing 84 NOTICE to Take Deposition of Chris Clements (Healy, Michael) |
| Filing 83 AMENDED RULE 16 SCHEDULING ORDER granting #82 Motion to Extend Deadlines. Motions due by 12/10/2009. Motion Hearing set for 4/19/2010 09:00 AM in Sioux Falls Courtroom 1 - Room 203A before U. S. District Judge Lawrence L. Piersol. Final Pretrial Conference set for 4/19/2010 09:00 AM in Sioux Falls Courtroom 1 - Room 203A before U. S. District Judge Lawrence L. Piersol. Jury Trial set for 6/1/2010 09:00 AM before U. S. District Judge Lawrence L. Piersol. Signed by U. S. District Judge Lawrence L. Piersol on 10/01/09. (CMS) |
| Filing 82 First MOTION to Extend Deadlines for Plaintiff to File Dispositive Motions by J.D. Evans, Inc.. (Healy, Michael) |
| Filing 81 AFFIDAVIT of Eric R. Johnson re #74 MOTION for Summary Judgment, #76 MOTION for Summary Judgment, #78 MOTION for Summary Judgment. (Attachments: #1 Exhibit 1. Asset Purchase Agreement, #2 Exhibit 2. Bill of Sale, #3 Exhibit 3. Corporate Disclosure, #4 Exhibit 4. Deposition Transcript of Jack Babb, #5 Exhibit 5. Volvo Constructions Responses to Plaintiffs First Request for Admissions, #6 Exhibit 6. Letters, #7 Exhibit 7. Deposition Transcript of Russell Kielman, #8 Exhibit 8. Road Machinery Products Dealer Agreement, #9 Exhibit 9. Distributor Agreement, #10 Exhibit 10. Volvo Groups Answers to Plaintiffs First Interrogatories, #11 Exhibit 11. Volvo Constructions Answers to Plaintiffs First Interrogatories, #12 Exhibit 12. Volvo Roads Answers to Plaintiffs First Interrogatories, #13 Exhibit 13. Volvo Group North Americas Responses to Plaintiffs First Request for Admissions)(Johnson, Eric) |
| Filing 80 STATEMENT OF MATERIAL FACTS re #78 Motion for Summary Judgment, #74 Motion for Summary Judgment, #76 Motion for Summary Judgment by Defendants Volvo Group North America, Inc., Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc., Ingersoll-Rand Company. (Johnson, Eric) |
| Filing 79 MEMORANDUM in Support re #78 MOTION for Summary Judgment filed by Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc.. (Johnson, Eric) |
| Filing 78 MOTION for Summary Judgment by Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc. (Johnson, Eric) Modified on 9/30/2009 to correct filer (SLW). |
| Filing 77 MEMORANDUM in Support re #76 MOTION for Summary Judgment filed by Volvo Group North America, Inc.. (Johnson, Eric) |
| Filing 76 MOTION for Summary Judgment by Volvo Group North America, Inc.. (Johnson, Eric) |
| Filing 75 MEMORANDUM in Support re #74 MOTION for Summary Judgment filed by Ingersoll-Rand Company. (Johnson, Eric) |
| Filing 74 MOTION for Summary Judgment by Ingersoll-Rand Company. (Johnson, Eric) |
| Filing 73 REPLY to Motion Response re [69} Motion in Limine filed by J.D. Evans, Inc.. (Attachments: #1 Exhibit A Jarrett E-Mail - July 24, 2009)(Healy, Michael) Modified on 9/21/2009 to correct link and text(SLW). |
| Filing 72 RESPONSE to Motion re #69 MOTION IN LIMINE: Part 1: Motion in Limine to Exclue Testimony by Volvo's In-House Lawyers; Part 2: or, Alternatively, to Enforce Discovery;, MOTION for Discovery filed by Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc.. (Johnson, Eric) |
Filing 71
ORDER re: deposition of Mr. Slagle. Signed by U. S. District Judge Lawrence L. Piersol on 9/11/09. (SLW)
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| Alternatively #69 MOTION to Enforce Discovery by J.D. Evans, Inc. (SLW) |
| Filing 70 RESPONSE to Motion re #68 MOTION to Extend Deadlines to Conduct Additional Discovery or Alternatively to Amend the Scheduling Order filed by all defendants. (Attachments: #1 Exhibit A-Deposition of Christopher Young, #2 Exhibit B-Deposition of Tim Frank, #3 Exhibit C-Complication of Correspondance)(Johnson, Eric) Modified on 9/8/2009 to add exhibit descriptions(SLW). |
| Filing 69 MOTION IN LIMINE: Part 1: Motion in Limine to Exclue Testimony by Volvo's In-House Lawyers; Part 2: or, Alternatively, to Enforce Discovery; by J.D. Evans, Inc.. (Attachments: #1 Exhibit 1-Volvo Road Machinery's Response to Plaintiff's Request for Production of Documents, #2 Exhibit 2-Volvo Corporate Representative Deposition Notice, #3 Exhibit 3-Christopher Young Deposition, #4 Exhibit 4-Tim Frank Deposition, #5 Exhibit 5-Attorney Jarrett letter to Attorney Healy dated 7-23-09, #6 Exhibit 6-Volvo Road Machinery's Response to Plaintiff's Request for Admissions, #7 Exhibit 7-Volvo's "Triage" Matrix, #8 Exhibit 8-Young's letter to Jack Babb dated 11-26-07)(Healy, Michael) Modified on 9/8/2009 to add exhibit descriptions(SLW). |
| Filing 68 MOTION to Extend Deadlines to Conduct Additional Discovery or Alternatively to Amend the Scheduling Order by J.D. Evans, Inc.. (Healy, Michael) |
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Filing 67
ORDER-parties must show good cause for the entry of a Protective Order. Signed by U. S. District Judge Lawrence L. Piersol on 7/27/09. (SLW)
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| Filing 66 PROPOSED Protective ORDER. (Attachments: #1 Proposed Acknowledgment)(SLW) |
| Filing 65 RESPONSE to Motion re #59 MOTION for Protective Order as to the Deposition of Dennis Slagle Sur-Reply filed by J.D. Evans, Inc.. (Attachments: #1 Exhibit VOLVO Answers to Request for Production)(Healy, Michael) |
| Filing 64 REPLY to Motion Reponse re #59 MOTION for Protective Order as to the Deposition of Dennis Slagle filed by Volvo Construction Equipment North America, Inc.. (Attachments: #1 Exhibit A - news release )(Johnson, Eric) |
| Filing 63 RESPONSE to Motion re #59 MOTION for Protective Order as to the Deposition of Dennis Slagle PLAINTIFFS RESPONSE OPPOSING DEFENDANTS MOTION FOR A PROTECTIVE ORDER QUASHING THE DEPOSITION OF DENNIS SLAGLE filed by J.D. Evans, Inc.. (Attachments: #1 Exhibit A - Road Development Advisory Council Meeting Minutes, #2 Exhibit B - Independent Distributor Volvo Update )(Healy, Michael) Modified on 7/17/2009 to add exhibit text(JMM). |
| Filing 62 MEMORANDUM in Support re #59 MOTION for Protective Order as to the Deposition of Dennis Slagle filed by Volvo Construction Equipment North America, Inc.. (Attachments: #1 Exhibit A-Notice to Take Deposition; #2 Exhibit B-e-mails; #3 Exhibit C-Deposition of Jack Babb)(Johnson, Eric) Modified on 7/8/2009 to add text (JMM). |
| Filing 61 CERTIFICATE OF SERVICE by Volvo Construction Equipment North America, Inc. re #60 Declaration (Johnson, Eric) |
| Filing 60 DECLARATION of Tim Frank re #59 MOTION for Protective Order as to the Deposition of Dennis Slagle. (Johnson, Eric) |
| Filing 59 MOTION for Protective Order as to the Deposition of Dennis Slagle by Volvo Construction Equipment North America, Inc.. (Johnson, Eric) |
| Filing 58 CERTIFICATE Certificate of Service of Plaintiff's First Discovery Requests to Defendants by J.D. Evans, Inc.. (Healy, Michael) |
| Filing 57 NOTICE to Take Deposition of Chip Young, Tim Frank and Dennis Slagle (Healy, Michael) |
| Filing 56 NOTICE to Take Deposition of Volvo defendants Corporate Representative (Healy, Michael) |
| Filing 55 NOTICE to Take Deposition of Ingersoll-Rand Company Corporate Representative (Healy, Michael) |
| Filing 54 First Amended ANSWER to #1 Complaint by Volvo Construction Equipment North America, Inc..(Johnson, Eric) |
| Filing 53 First Amended ANSWER to #1 Complaint by Volvo Road Machinery, Inc..(Johnson, Eric) |
| Filing 52 NOTICE by Volvo Group North America, Inc., Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc., Ingersoll-Rand Company of Issuance of Third-Party Subpoenas (Attachments: #1 Allied Construction Products, #2 Atlas Copco Construction Mining Technique, #3 Doosan Infracore Internat'l, #4 Kawasaki Construction Machinery, #5 Kobelco Construction Machinery, #6 CNH America, #7 VT Leeboy, #8 Terex, #9 Trail King Industries)(Johnson, Eric) |
| Filing 51 NOTICE of Appearance by Eric R. Johnson and Thomas Frankman on behalf of all defendants (Johnson, Eric) Modified on 3/13/2009 to include co-counsel (NAK). |
| Filing 50 CERTIFICATE of Service for Responses to Request for Production by J.D. Evans, Inc.. (Healy, Michael) |
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Filing 49
SCHEDULING ORDER: Discovery due by 7/31/2009 Motions due by 9/30/2009. Motion Hearing set for 12/14/2009 09:00 AM in Sioux Falls Courtroom 1 - Room 203A before U. S. District Judge Lawrence L. Piersol Pretrial Conference set for 12/14/2009 09:00 AM in Sioux Falls Courtroom 1 - Room 203A before U. S. District Judge Lawrence L. Piersol. Jury Trial set for 2/23/2010 09:30 AM in Sioux Falls Courtroom 1 - Room 203A before U. S. District Judge Lawrence L. Piersol. Signed by U. S. District Judge Lawrence L. Piersol on 2/13/09. (SLW)
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| Filing 48 REPORT of Rule 26(f) Planning Meeting. (Healy, Michael) |
| Remark: Called Attorney Healy to refile #47 Parties Joint Report on Planning Meeting because of improper signatures. (CMS) |
| NOTICE of Filing Error: Report of Rule 26(f) Planning Meeting #47 FILED IN ERROR (Healy, Michael) |
| Filing 47 REPORT of Rule 26(f) Planning Meeting. (Healy, Michael) |
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Filing 46
ORDER For Form 52 Report and Scheduling Information. Signed by U. S. District Judge Lawrence L. Piersol on 11/14/08. (CMS)
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| Filing 45 Letter from Court to counsel re: Order for Form 52 Report and Scheduling Information (CMS) |
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Filing 44
ORDER granting #43 Motion to Withdraw motion to transfer; withdrawing #9 Motion to transfer venue. Signed by U. S. District Judge Lawrence L. Piersol on 11/14/08. (DJP)
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| Filing 43 MOTION to Withdraw #9 MOTION to Transfer Venue by Volvo Group North America, Inc., Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc., Ingersoll-Rand Company. (Marshall, Mark) |
| Motions Taken Under Advisement: #9 MOTION to Transfer Venue (JMM) |
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Filing 42
ORDER holding in abeyance #9 Motion to Transfer Venue to the Western District of North Carolina for ninety (90) days. Signed by U. S. District Judge Lawrence L. Piersol on 07/15/08. (CMS)
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| Filing 41 REPLY to #31 Response to Motion, Sur-Reply filed by J.D. Evans, Inc.. (Attachments: #1 Supplement Order)(Healy, Michael) |
| Filing 40 DECLARATION of David R. Jarrett. (Attachments: #1 Exhibit Draft Complaint)(Marshall, Mark) |
| Filing 39 DECLARATION of Christopher S. "Chip" Young. (Attachments: #1 Exhibit Volvo Road business card, #2 Exhibit IR business card, #3 Exhibit Evans' 2005 distributorship agreement with IR, #4 Exhibit Shipping document, #5 Exhibit Evans' 2006 distributorship agreement with IR, #6 Exhibit Evans' 2007 distributorship agreement with IR, #7 Exhibit 4/21/03 letter from Tim Hurst to Jack Babb, #8 Exhibit 4/23/03 letter from Jack Babb to IR, #9 Exhibit 5/30/03 letter from Tim Hurst to Jack Babb, #10 Exhibit 6/9/03 letter from Jack Babb to IR, #11 Exhibit 12/3/04 letter from IR to J.D. Evans, #12 Exhibit 12/21/04 letter from Christopher Young to Jack Babb, #13 Exhibit 1/4/07 letter from Christopher Young to Jack Babb, #14 Exhibit 2/19/07 letter from Christopher Young to Jack Babb, #15 Exhibit Volvo Construction form contract, #16 Exhibit 5/7/07 letter from Christopher Young to Jack Babb, #17 Exhibit Mr. Lockwood's one page fax, #18 Exhibit 2/4/08 letter from Chip Young to Jack Babb, #19 Exhibit 2/6/08 letter from Chip Young to Jack Babb, #20 Exhibit Printout of orders Evans place since 2007 for road machinery products, #21 Exhibit Printout of total part sales Volvo Road sold to Evans since 5/1/07)(Marshall, Mark) |
| Filing 38 REPLY to Motion Reponse re #9 MOTION to Transfer Venue filed by Volvo Group North America, Inc., Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc., Ingersoll-Rand Company. (Marshall, Mark) |
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Filing 37
ORDER granting #35 Motion to Extend. Signed by U. S. District Judge Lawrence L. Piersol on 06/18/08. (CMS)
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Filing 36
ORDER granting #32 Motion for Leave to File Excess Pages. Signed by U. S. District Judge Lawrence L. Piersol on 06/17/08. (CMS)
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| Filing 35 MOTION to Extend re #31 Response to Motion, #9 MOTION to Transfer Venue by Volvo Group North America, Inc., Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc., Ingersoll-Rand Company. (Marshall, Mark) |
| Filing 32 First MOTION for Leave to File Excess Pages by J.D. Evans, Inc.. (Healy, Michael) |
| Filing 34 PRO HAC VICE fee paid by Baker Hostetler LLP on behalf of David R. Jarrett (CMS) |
| Filing 33 PRO HAC VICE fee paid by Baker Hostetler LLP on behalf of Billy M. Donley (CMS) |
| Filing 31 RESPONSE to Motion re #9 MOTION to Transfer Venue filed by J.D. Evans, Inc.. (Attachments: #1 Affidavit Exhibit A, #2 Exhibit Exhibit B Declaratory Judgment Complaint, #3 Exhibit Exhibit C - 3/14/08 Letter, #4 Exhibit Exhibit D - 3/24/08 Letter, #5 Exhibit Exhibit E 4/10/08 Letter, #6 Exhibit Exhibit F 4/17/08 Letter, #7 Exhibit Exhibit G 4/29/08 Letter, #8 Exhibit Exhibit H 5/20/08 Letter)(Healy, Michael) |
| Filing 30 AFFIDAVIT of Service for Summons, Complaint served on Volvo Road Machinery, Inc. on April 28, 2008, filed by J.D. Evans, Inc.. (Healy, Michael) |
| Filing 29 AFFIDAVIT of Service for Summons, Complaint served on Volvo Group North America, Inc. on April 29, 2008, filed by J.D. Evans, Inc.. (Healy, Michael) |
| Filing 28 AFFIDAVIT of Service for Summons, Complaint served on Volvo Construction Equipment North America, Inc. on April 28, 2008, filed by J.D. Evans, Inc.. (Healy, Michael) |
| Filing 27 AFFIDAVIT of Service for Summons, Complaint served on Ingersoll-Rand Company on April 29, 2008, filed by J.D. Evans, Inc.. (Healy, Michael) |
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Filing 26
ORDER granting #25 Motion for Extension of Time to Answer. J.D. Evans, Inc. response due 6/12/2008. Signed by U. S. District Judge Lawrence L. Piersol on 6/9/08. (SKM)
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| Filing 25 First MOTION for Extension of Time to File Answer re #10 Memorandum in Support of Motion, #9 MOTION to Transfer Venue by J.D. Evans, Inc.. (Healy, Michael) |
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Filing 23
ORDER granting #15 Motion for Bill Donley to appear pro hac vice. Signed by U. S. District Judge Lawrence L. Piersol on 5/23/08. (SKM)
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Filing 22
ORDER granting #16 Motion for David R. Jarrett to appear pro hac vice. Signed by U. S. District Judge Lawrence L. Piersol on 5/23/08. (SKM)
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| Filing 21 CERTIFICATE of Service by Volvo Group North America, Inc., Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc., Ingersoll-Rand Company. (Marshall, Mark) |
| Filing 20 CORPORATE Disclosure Statement by Defendant Volvo Road Machinery, Inc.. (Marshall, Mark) |
| Filing 19 CORPORATE Disclosure Statement by Defendant Volvo Group North America, Inc.. (Marshall, Mark) |
| Filing 18 CORPORATE Disclosure Statement by Defendant Volvo Construction Equipment North America, Inc.. (Marshall, Mark) |
| Filing 17 CORPORATE Disclosure Statement by Defendant Ingersoll-Rand Company. (Marshall, Mark) |
| Filing 16 MOTION for Admission Pro Hac Vice: David Jarrett by Volvo Group North America, Inc., Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc., Ingersoll-Rand Company. (Marshall, Mark) |
| Filing 15 MOTION for Admission Pro Hac Vice: Billy Donley by Volvo Group North America, Inc., Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc., Ingersoll-Rand Company. (Marshall, Mark) |
| Filing 14 ANSWER to #1 Complaint by Ingersoll-Rand Company.(Marshall, Mark) |
| Filing 13 ANSWER to #1 Complaint by Volvo Construction Equipment North America, Inc..(Marshall, Mark) |
| Filing 12 ANSWER to #1 Complaint by Volvo Group North America, Inc..(Marshall, Mark) |
| Filing 11 ANSWER to #1 Complaint by Volvo Road Machinery, Inc..(Marshall, Mark) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Transfer Venue filed by Volvo Group North America, Inc., Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc.. (Attachments: #1 Exhibit A: Dealer Agreement (Part 1 of 2), #2 Exhibit A: Dealer Agreement (Part 2 of 2), #3 Exhibit B: Evans's 3/14/08 demand letter, #4 Exhibit C: Volvo Road's 3/24/08 letter, #5 Exhibit D: Volvo Road Complaint)(Marshall, Mark) |
| Filing 9 MOTION to Transfer Venue by Volvo Group North America, Inc., Volvo Construction Equipment North America, Inc., Volvo Road Machinery, Inc.. (Marshall, Mark) |
| Filing 8 NOTICE of Appearance by Mark F. Marshall on behalf of all defendants (Marshall, Mark) |
| Filing 7 Summons Issued as to Volvo Road Machinery, Inc.; mailed to Michael P. Healy. (CMS) |
| Filing 6 Summons Issued as to Ingersoll-Rand Company; mailed to Michael P. Healy. (CMS) |
| Filing 5 Summons Issued as to Volvo Construction Equipment North America, Inc.; mailed to Michael P. Healy. (CMS) |
| Filing 4 Summons Issued as to Volvo Group North America, Inc.; mailed to Michael P. Healy. (CMS) |
| Filing 3 Filing fee: $ 350, receipt number SDX400010640 (CMS) |
| Filing 2 CIVIL COVER SHEET (CMS) |
| Filing 1 COMPLAINT with Jury Demand. 4 Summons(es) issued by mail. Receipt Number SDX400010640 in the amount of $ 350, filed by J.D. Evans, Inc.(CMS) |
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