Coulter et al v. Deere & Company et al
Plaintiff: Marquis Edwin Coulter, Trish Yvonne Snyder, M.C., K.C. and J.C.
Defendant: Cardinal Heavy Equipment Holdings, LLC, Tellus Equipment Solutions, LLC, Deere & Company, Ag-Pro Texas, LLC and Ag-Pro, LLC
Case Number: 4:2021cv02105
Filed: June 28, 2021
Court: US District Court for the Southern District of Texas
Presiding Judge: Lee H Rosenthal
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2022 Opinion or Order Filing 71 ANSWER to #46 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by Deere & Company, filed.(Zinnecker, Ben)
August 19, 2022 Opinion or Order Filing 70 SCHEDULING AND DOCKET CONTROL ORDER. Pltf Experts due by 3/24/2023. Deft Experts due by 5/5/2023. Discovery due by 7/24/2023. Mediation due by 8/25/2023. Dispositive Motion Filing due by 9/8/2023. Joint Pretrial Order due by 12/8/2023. Docket Call set for 12/15/2023 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(hcarr, 4)
August 19, 2022 Opinion or Order Filing 69 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on August 19, 2022. The court will separately enter a scheduling and docket control order, as stated in detail on the record. Appearances: Christopher Pinedo for Pltf. and Ben Zinnecker/Chris Blackerby/Niels Murphy for Defts.(Court Reporter: L. Smith), filed.(leddins, 4)
August 17, 2022 Opinion or Order Filing 68 PROPOSED ORDER Amended Scheduling and Docket Control Order, filed.(Zinnecker, Ben)
August 9, 2022 Opinion or Order Filing 67 ORDER entered: The court will hold a status conference on August 19, 2022, at 12:00 p.m., by video. A Zoom link will be sent in advance. The parties must submit a revised joint proposed scheduling order and docket control order by August 17, 2022. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
August 9, 2022 Opinion or Order Filing 66 MEMORANDUM AND OPINION entered: GRANTING IN PART AND DENYING IN PART #47 MOTION to Dismiss Plaintiffs' Claims against Cardinal, Tellus and Ag-Pro, (2) Motion to Dismiss Certain Claims Against Deere, and (3) Motion to Strike Certain Portions of Plaintiffs' Second Amended Complaint, GRANTING #59 MOTION to Dismiss Claims in Plaintiffs' Second Amended Complaint, GRANTING #58 MOTION to Dismiss Claims in Plaintiffs' Second Amended Complaint. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
August 4, 2022 Opinion or Order Filing 65 REPLY in Support of #59 MOTION to Dismiss Claims in Plaintiffs' Second Amended Complaint, filed by Ag-Pro, LLC. (Attachments: #1 Exhibit A)(Blackerby, Chris)
August 2, 2022 Opinion or Order Filing 64 REPLY in Support of #47 MOTION to Dismiss Plaintiffs' Claims against Cardinal, Tellus and Ag-Pro, (2) Motion to Dismiss Certain Claims Against Deere, and (3) Motion to Strike Certain Portions of Plaintiffs' Second Amended Complaint, filed by Ag-Pro Texas, LLC. (Blackerby, Chris)
July 28, 2022 Opinion or Order Filing 63 RESPONSE in Opposition to #59 MOTION to Dismiss Claims in Plaintiffs' Second Amended Complaint, filed by Marquis Edwin Coulter, J.C., K.C., M.C., Trish Yvonne Snyder. (Attachments: #1 Proposed Order ORDER DENYING AG-PRO MOTION TO DISMISS)(Pinedo, Thomas)
July 26, 2022 Opinion or Order Filing 62 RESPONSE to #58 MOTION to Dismiss Claims in Plaintiffs' Second Amended Complaint filed by Marquis Edwin Coulter, J.C., K.C., M.C.. (Attachments: #1 Proposed Order ORDER DENYING AG-PRO TEXAS, LLCS MOTION TO DISMISS CLAIMS IN PLAINTIFFS SECOND AMENDED COMPLAINT)(Reilly, Marion)
July 19, 2022 Opinion or Order Filing 61 Stipulated Protective Order re: #60 Proposed Order (Signed by Chief Judge Lee H Rosenthal) Parties notified.(kpicota, 4)
July 19, 2022 Opinion or Order Filing 60 Agreed PROPOSED ORDER (Stipulated Protective Order), filed.(Blackerby, Chris)
July 7, 2022 Opinion or Order Filing 59 MOTION to Dismiss Claims in Plaintiffs' Second Amended Complaint by Ag-Pro, LLC, filed. Motion Docket Date 7/28/2022. (Attachments: #1 Exhibit A, #2 Proposed Order)(Zinnecker, Ben)
July 5, 2022 Opinion or Order Filing 58 MOTION to Dismiss Claims in Plaintiffs' Second Amended Complaint by Ag-Pro Texas, LLC, filed. Motion Docket Date 7/26/2022. (Attachments: #1 Proposed Order)(Zinnecker, Ben)
June 20, 2022 Opinion or Order Filing 57 RETURN of Service, filed.(Pinedo, Thomas) Modified on 6/27/2022 . Service executed on 6/14/22. Answer is due 7/5/22. (leddins, 4).
June 20, 2022 Opinion or Order Filing 56 RETURN of Service of SUMMONS Executed as to Ag-Pro, LLC served on 6/16/2022, answer due 7/7/2022, filed.(Pinedo, Thomas)
June 7, 2022 Opinion or Order Filing 55 REPLY in Support of #47 MOTION to Dismiss Plaintiffs' Claims against Cardinal, Tellus and Ag-Pro, (2) Motion to Dismiss Certain Claims Against Deere, and (3) Motion to Strike Certain Portions of Plaintiffs' Second Amended Complaint, filed by Deere & Company. (Zinnecker, Ben)
May 31, 2022 Opinion or Order Filing 54 PROPOSED ORDER DENY DEFENDANTS' MOTION TO DISMISS AND STRIKE PLAINTIFFS' SECOND AMENDED COMPLAINT, filed.(Pinedo, Thomas)
May 31, 2022 Opinion or Order Filing 53 RESPONSE in Opposition to #47 MOTION to Dismiss Plaintiffs' Claims against Cardinal, Tellus and Ag-Pro, (2) Motion to Dismiss Certain Claims Against Deere, and (3) Motion to Strike Certain Portions of Plaintiffs' Second Amended Complaint, filed by Marquis Edwin Coulter, J.C., K.C., M.C., Trish Yvonne Snyder. (Pinedo, Thomas)
May 31, 2022 Opinion or Order Filing 52 Summons Issued as to Ag-Pro, LLC, Ag-Pro Texas, LLC. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons)(JacquelineMata, 4)
May 27, 2022 Opinion or Order Filing 51 Request for Issuance of Summons as to Marquis Edwin Coulter, filed.(Pinedo, Thomas)
May 27, 2022 Opinion or Order Filing 50 Request for Issuance of Summons as to Marquis Edwin Coulter, filed.(Pinedo, Thomas)
May 10, 2022 Opinion or Order Filing 49 ORDER granting #48 Motion for Extension of Time. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4)
May 9, 2022 Opinion or Order Filing 48 Unopposed MOTION for Extension of Time to Answer and/or otherwise respond to the claims in Plaintiffs' Second Amended Complaint Not Challenged by Rule 12(b)(6) Motion by Deere & Company, filed. Motion Docket Date 5/31/2022. (Attachments: #1 Proposed Order)(Zinnecker, Ben)
May 9, 2022 Opinion or Order Filing 47 MOTION to Dismiss Plaintiffs' Claims against Cardinal, Tellus and Ag-Pro, (2) Motion to Dismiss Certain Claims Against Deere, and (3) Motion to Strike Certain Portions of Plaintiffs' Second Amended Complaint by Deere & Company, filed. Motion Docket Date 5/31/2022. (Attachments: #1 Proposed Order)(Zinnecker, Ben)
April 25, 2022 Opinion or Order Filing 46 Second AMENDED COMPLAINT with Jury Demand against All Defendants filed by M.C., Marquis Edwin Coulter, K.C., Trish Yvonne Snyder, J.C..(Pinedo, Thomas)
April 14, 2022 Opinion or Order Filing 45 RESPONSE to #41 MOTION for Leave to File Plaintiffs' Second Amended Complaint filed by Deere & Company. (Attachments: #1 Proposed Order)(Zinnecker, Ben)
March 29, 2022 Opinion or Order Filing 44 MEMORANDUM AND OPINION entered: Coulter's motion to remand, (Docket Entry No. 33), is denied. Cardinal and Tellus's motions to dismiss, (Docket Entry No. 20), are moot. Deere's motion to dismiss, (Docket Entry No. 19), is granted, without prejudice and with leave to amend. The amended complaint must be filed no later than April 24, 2022.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
March 25, 2022 Opinion or Order Filing 42 PROPOSED ORDER re: #41 MOTION for Leave to File Plaintiffs' Second Amended Complaint, filed.(Pinedo, Thomas)
March 25, 2022 Opinion or Order Filing 41 MOTION for Leave to File Plaintiffs' Second Amended Complaint by Marquis Edwin Coulter, J.C., K.C., M.C., Trish Yvonne Snyder, filed. Motion Docket Date 4/15/2022. (Attachments: #1 Exhibit Second Amended Complaint)(Pinedo, Thomas)
March 24, 2022 Opinion or Order Filing 43 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Motion hearing held on March 24, 2022. The court heard oral argument on the motion to remand. The court will separately issue an opinion on the motion. Appearances: Chris Blackerby, Niels Murphy, Christopher Pinedo and Marion Reilly.(Court Reporter: K. Metzger), filed.(leddins, 4)
February 22, 2022 Opinion or Order Filing 40 ORDER granting #39 Motion for Leave to File Sur-Reply to Plaintiffs Motion to Remand.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(JosephWells, 4)
February 18, 2022 Opinion or Order Filing 39 MOTION for Leave to File Sur-Reply by Cardinal Heavy Equipment Holdings, LLC, Deere & Company, Tellus Equipment Solutions, LLC, filed. Motion Docket Date 3/11/2022. (Attachments: #1 Proposed Order Granting Motion for Leave to File Sur-Reply Regarding Plaintiffs' Motion to Remand)(Zinnecker, Ben)
February 18, 2022 Opinion or Order Filing 38 SURREPLY to #33 MOTION to Remand, filed by Cardinal Heavy Equipment Holdings, LLC, Deere & Company, Tellus Equipment Solutions, LLC. (Attachments: #1 Exhibit 1 - Declaration of Sara-Ashley Moreno, #2 Exhibit A to Declaration of Sara-Ashley Moreno, #3 Proposed Order Denying Plaintiffs' Motion to Remand)(Zinnecker, Ben)
February 17, 2022 Opinion or Order Filing 37 NOTICE of Resetting. Parties notified. Motion Hearing reset for 3/24/2022 at 02:00 PM by video before Chief Judge Lee H Rosenthal, filed. NOTE: Reset is based on this court's trial docket. A Zoom link will be provided. (leddins, 4)
February 11, 2022 Opinion or Order Filing 36 REPLY in Support of #33 MOTION to Remand, filed by Marquis Edwin Coulter. (Reilly, Marion)
February 6, 2022 Opinion or Order Filing 35 RESPONSE to #33 MOTION to Remand filed by Deere & Company. (Blackerby, Chris)
January 28, 2022 Opinion or Order Filing 34 NOTICE of Resetting. Parties notified. Motion Hearing reset for 3/9/2022 at 02:30 PM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided for participation. (leddins, 4)
January 14, 2022 Opinion or Order Filing 33 MOTION to Remand by Marquis Edwin Coulter, J.C., K.C., M.C., Trish Yvonne Snyder, filed. Motion Docket Date 2/4/2022. (Attachments: #1 Proposed Order)(Pinedo, Thomas)
December 2, 2021 Opinion or Order Filing 32 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on December 2, 2021. The court denies the motion to stay discovery for the reasons stated in detail on the record. (Docket Entry No. 31). The plaintiff must provide medical and employment information to defendants by January 28, 2022. The independent medical exam must occur by February 28, 2022. The parties must complete mediation by March 25, 2022. The plaintiffs motion to remand must be filed by January 14, 2022. The response is due by February 4, 2022. The reply is due by February 11, 2022. The court will hear argument on the motion to remand on March 4, 2022 at 11:00 a.m., by video. A zoom link will be sent separately.Appearances: Chris Blackerby, Niels Murphy, Chris Pinedo.(Court Reporter: K. Miller), filed.(leddins, 4)
November 18, 2021 Opinion or Order Filing 31 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss First Amended Original Complaint by Cardinal Heavy Equipment Holdings, LLC, Deere & Company, Tellus Equipment Solutions, LLC, filed. Motion Docket Date 12/9/2021. (Attachments: #1 Proposed Order)(Zinnecker, Ben)
November 18, 2021 Opinion or Order Filing 30 PROPOSED ORDER Scheduling and Docket Control Order re: #4 Order for Initial Conference,, filed.(Zinnecker, Ben)
November 18, 2021 Opinion or Order Filing 29 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Cardinal Heavy Equipment Holdings, LLC, Deere & Company, Tellus Equipment Solutions, LLC, filed.(Zinnecker, Ben)
November 16, 2021 Opinion or Order Filing 28 NOTICE of Resetting. Parties notified. Initial Conference reset for 12/2/2021 at 11:30 AM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided for participation. (leddins, 4)
November 4, 2021 Opinion or Order Filing 27 Supplemental CERTIFICATE OF INTERESTED PARTIES by Marquis Edwin Coulter, J.C., K.C., M.C., Trish Yvonne Snyder, filed.(Pinedo, Thomas)
November 4, 2021 Opinion or Order Filing 26 NOTICE of Resetting. Parties notified. Initial Conference reset for 12/1/2021 at 03:00 PM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided for participation. (leddins, 4)
October 28, 2021 Opinion or Order Filing 25 CORPORATE DISCLOSURE STATEMENT by Marquis Edwin Coulter, J.C., K.C., M.C., Trish Yvonne Snyder, filed.(Pinedo, Thomas)
October 20, 2021 Opinion or Order Filing 24 REPLY in Support of #19 MOTION to Dismiss Plaintiffs' First Amended Original Complaint and Motion to Strike Certain Portions of Plaintiffs' First Amended Original Complaint, filed by Deere & Company. (Zinnecker, Ben)
October 20, 2021 Opinion or Order Filing 23 REPLY in Support of #20 MOTION to Dismiss Plaintiffs' Claims, filed by Cardinal Heavy Equipment Holdings, LLC, Tellus Equipment Solutions, LLC. (Zinnecker, Ben)
October 6, 2021 Opinion or Order Filing 22 RESPONSE in Opposition to #20 MOTION to Dismiss Plaintiffs' Claims, filed by Marquis Edwin Coulter, J.C., K.C., M.C., Trish Yvonne Snyder. (Pinedo, Thomas)
October 6, 2021 Opinion or Order Filing 21 RESPONSE in Opposition to #19 MOTION to Dismiss Plaintiffs' First Amended Original Complaint and Motion to Strike Certain Portions of Plaintiffs' First Amended Original Complaint, filed by Marquis Edwin Coulter, J.C., K.C., M.C., Trish Yvonne Snyder. (Pinedo, Thomas)
September 7, 2021 Opinion or Order Filing 20 MOTION to Dismiss Plaintiffs' Claims by Cardinal Heavy Equipment Holdings, LLC, Tellus Equipment Solutions, LLC, filed. Motion Docket Date 9/28/2021. (Attachments: #1 Proposed Order)(Zinnecker, Ben)
September 7, 2021 Opinion or Order Filing 19 MOTION to Dismiss Plaintiffs' First Amended Original Complaint and Motion to Strike Certain Portions of Plaintiffs' First Amended Original Complaint by Deere & Company, filed. Motion Docket Date 9/28/2021. (Attachments: #1 Proposed Order)(Zinnecker, Ben)
September 3, 2021 Opinion or Order Filing 18 ORDER granting #17 Unopposed MOTION to Substitute Counsel, Attorney Amanda S Hilty terminated as counsel for Cardinal Heavy Equipment Holdings and Tellus Equipment Solutions. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4)
September 3, 2021 Opinion or Order Filing 17 Unopposed MOTION to Substitute Counsel by Deere & Company, filed. Motion Docket Date 9/24/2021. (Attachments: #1 Proposed Order)(Zinnecker, Ben)
September 1, 2021 Opinion or Order Filing 16 ORDER on #15 Unopposed MOTION for Extension of Time for Defendants to File Responsive Pleading to Plaintiffs' First Amended Original Complaint ; Answer due by 9/8/2021.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
August 27, 2021 Opinion or Order Filing 15 Unopposed MOTION for Extension of Time for Defendants to File Responsive Pleading to Plaintiffs' First Amended Original Complaint by Cardinal Heavy Equipment Holdings, LLC, Tellus Equipment Solutions, LLC, filed. Motion Docket Date 9/17/2021. (Attachments: #1 Proposed Order)(Hilty, Amanda)
August 6, 2021 Opinion or Order Filing 14 First AMENDED COMPLAINT with Jury Demand against Cardinal Heavy Equipment Holdings, LLC, Deere & Company, Tellus Equipment Solutions, LLC filed by Marquis Edwin Coulter, Trish Yvonne Snyder.(Reilly, Marion)
August 3, 2021 Opinion or Order Filing 13 CERTIFICATE OF INTERESTED PARTIES by Cardinal Heavy Equipment Holdings, LLC, Tellus Equipment Solutions, LLC, filed.(Hilty, Amanda)
July 28, 2021 Opinion or Order Filing 9 NOTICE of Resetting. Parties notified. Initial Conference reset for 11/19/2021 at 09:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. Order on new briefing schedule to follow. (leddins, 4)
July 27, 2021 Opinion or Order Filing 12 ORDER granting #7 Joint MOTION for Extension of Time For All Parties regarding the Briefing Schedule ( Amended Complaint due by 8/6/2021., Motion to Dismiss due by 9/6/2021., Responses due by 10/6/2021., Replies due by 10/20/2021)(Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
July 27, 2021 Opinion or Order Filing 11 ORDER granting #6 MOTION for Niels P. Murphy to Appear Pro Hac Vice (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
July 27, 2021 Opinion or Order Filing 10 ORDER granting #5 MOTION for Christen E. Luikart to Appear Pro Hac Vice (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
July 26, 2021 Opinion or Order Filing 8 NOTICE of Appearance by Marion M. Reilly on behalf of Marquis Edwin Coulter, Trish Yvonne Snyder, filed. (Reilly, Marion)
July 23, 2021 Opinion or Order Filing 7 Joint MOTION for Extension of Time For All Parties regarding the Briefing Schedule by Marquis Edwin Coulter, Trish Yvonne Snyder, filed. Motion Docket Date 8/13/2021. (Attachments: #1 Proposed Order Granting Motion to Enter Joint Briefing Schedule)(Pinedo, Thomas)
July 23, 2021 Opinion or Order Filing 6 MOTION for Niels P. Murphy to Appear Pro Hac Vice by Deere & Company, filed. Motion Docket Date 8/13/2021. (Zinnecker, Ben)
July 23, 2021 Opinion or Order Filing 5 MOTION for Christen E. Luikart to Appear Pro Hac Vice by Deere & Company, filed. Motion Docket Date 8/13/2021. (Zinnecker, Ben)
July 9, 2021 Opinion or Order Filing 4 ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 8/13/2021 at 10:00 AM in by video before Chief Judge Lee H Rosenthal. A Zoom link will be provided.(Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Supplement) Parties notified.(leddins, 4)
July 6, 2021 Opinion or Order Filing 3 MOTION to Dismiss Claims Asserted in Plaintiffs' Original Petition by Deere & Company, filed. Motion Docket Date 7/27/2021. (Zinnecker, Ben)
July 6, 2021 Opinion or Order Filing 2 CORPORATE DISCLOSURE STATEMENT by Deere & Company, filed.(Blackerby, Chris)
June 28, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from 295th Judicial District, Harris County, case number 2021-32462 (Filing fee $ 402 receipt number 0541-26658429) filed by Deere & Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Zinnecker, Ben)

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Search for this case: Coulter et al v. Deere & Company et al
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Plaintiff: Marquis Edwin Coulter
Represented By: Catherine Danielle Tobin
Represented By: John Brandon Martinez
Represented By: Robert C Hilliard
Represented By: Thomas Christopher Pinedo
Represented By: Marion M Reilly
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Plaintiff: Trish Yvonne Snyder
Represented By: Catherine Danielle Tobin
Represented By: John Brandon Martinez
Represented By: Robert C Hilliard
Represented By: Thomas Christopher Pinedo
Represented By: Marion M Reilly
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Plaintiff: M.C.
Represented By: John Brandon Martinez
Represented By: Robert C Hilliard
Represented By: Thomas Christopher Pinedo
Represented By: Marion M Reilly
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Plaintiff: K.C.
Represented By: John Brandon Martinez
Represented By: Robert C Hilliard
Represented By: Thomas Christopher Pinedo
Represented By: Marion M Reilly
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Plaintiff: J.C.
Represented By: John Brandon Martinez
Represented By: Robert C Hilliard
Represented By: Thomas Christopher Pinedo
Represented By: Marion M Reilly
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Defendant: Cardinal Heavy Equipment Holdings, LLC
Represented By: Amanda S Hilty
Represented By: Chris A Blackerby
Represented By: Ben T Zinnecker
Represented By: Christen E Luikart
Represented By: Niels P Murphy
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Defendant: Tellus Equipment Solutions, LLC
Represented By: Amanda S Hilty
Represented By: Chris A Blackerby
Represented By: Ben T Zinnecker
Represented By: Christen E Luikart
Represented By: Niels P Murphy
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Defendant: Deere & Company
Represented By: Ben T Zinnecker
Represented By: Chris A Blackerby
Represented By: Christen E Luikart
Represented By: Niels P Murphy
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Defendant: Ag-Pro Texas, LLC
Represented By: Amanda S Hilty
Represented By: Chris A Blackerby
Represented By: Ben T Zinnecker
Represented By: Christen E Luikart
Represented By: Niels P Murphy
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Defendant: Ag-Pro, LLC
Represented By: Chris A Blackerby
Represented By: Ben T Zinnecker
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