Calyxt Incorporated v. Morris Ag Air & Sons Incorporated et al
| Calyxt Incorporated |
| Morris Ag Air Southwest LLC, Jeffrey Nigh, Tri-Rotor Ag Services Incorporated, Amigo Farms Incorporated, Morris Ag Air & Sons Incorporated, Jonhenry Luke, Tri-Roto LLC, D'Arrigo Brothers Company, D'Arrigo Brothers Company of California and D |
| 2:2020cv01221 |
| June 18, 2020 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 44 *D'Arrigo Brothers Company of California ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Morris Ag Air & Sons Incorporated, Morris Ag Air Southwest LLC, Tri-Roto LLC, Tri-Rotor AG Services Incorporated by D'Arrigo Brothers Company of California.(Martha, Richard) *Modified party names per party name standards on 8/10/2020 (EJA). |
Filing 43
ORDER granting #36 Motion to Set Aside Default. Defendant D'Arrigo Bros. Co., of California Shall file its answer within 7 days of the date of this order. Signed by Judge Douglas L Rayes on 8/6/2020. (MMO)
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| Filing 42 NOTICE re: Non-Opposition by Calyxt Incorporated re: #36 MOTION to Set Aside Default Rule 55 MOTION for Leave to File Answer . (Talcott, Jonathon) |
| Filing 41 Corporate Disclosure Statement by Morris Ag Air Southwest LLC. (Leath, David) |
| Filing 40 Corporate Disclosure Statement by Morris Ag Air & Sons Incorporated. (Leath, David) |
| Filing 39 *Additional Attachment to Main Document re: #38 Answer to Complaint by Morris Ag Air & Sons Incorporated, Morris Ag Air Southwest LLC.(Leath, David) *Modified event and added filer on 8/7/2020 (REK). |
| Filing 38 *ANSWER to #1 Complaint with Jury Demand by Morris Ag Air Southwest LLC, Morris Ag Air & Sons Incorporated.(Leath, David) *Modified text and added additional filer on 8/7/2020 (REK). |
| Filing 37 Corporate Disclosure Statement by D'Arrigo Brothers Company of California. (Massey, Caroline) |
| Filing 36 *MOTION to Set Aside Default Rule 55, MOTION for Leave to File Answer by D'Arrigo Brothers Company of California. (Attachments: #1 Supplement Memo ISO Mtn to Set Aside Default Rule 55, #2 Affidavit Declaration of Ben Eid Mtn to Set Aside Default Rule 55, #3 Exhibit A to Declaration of Ben Eid Mtn to Set Aside Default Rule 55, #4 Exhibit B to Declaration of Ben Eid Mtn to Set Aside Default Rule 55, #5 Exhibit C to Declaration of Ben Eid Mtn to Set Aside Default Rule 55, #6 Text of Proposed Order Proposed Order re Mtn to Set Aside Default Rule 55)(Massey, Caroline). *Added MOTION for Leave to File on 8/5/2020 (REK). |
| Filing 35 ANSWER to #1 Complaint Defendant Jonhenry Luke's Answer to Plaintiff's Complaint by Jonhenry Luke.(McElenney, Sean) |
| Filing 34 NOTICE of Appearance by Caroline G Massey on behalf of D'Arrigo Brothers Company of California. (Massey, Caroline) |
| Remark: Pro hac vice motion(s) granted for Richard H Martha on behalf of Defendant D'Arrigo Brothers Company of California. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Caroline G Massey on behalf of Defendant D'Arrigo Brothers Company of California. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 33 *Set Aside Per Order #43 *Clerk's ENTRY OF DEFAULT as to D'Arrigo Brothers Company of California - Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and upon application by the Plaintiff, default is hereby entered against Defendant D'Arrigo Brothers Company of California. (EJA) Modified on 8/7/2020 (REK). |
| Filing 32 *APPLICATION for Entry of Default Against Defendant D'Arrigo Brothers Company of California by Plaintiff Calyxt Incorporated. (Attachments: #1 Affidavit Affidavit of Jonathon A. Talcott in Support of Request for Entry of Default Against Defendant D'Arrigo Brothers Company of California)(Talcott, Jonathon) *Modified to correct event type on 7/28/2020 (EJA). |
| Remark: Pro hac vice motion(s) granted for David M Leath on behalf of Defendants Morris Ag Air & Sons Incorporated, Morris Ag Air Southwest LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 31
ORDER that the Clerk of the Court is directed to terminate Defendant D'Arrigo Brothers Company of California, only, without further order of the Court if Plaintiff fails to file either a status report or an application for entry of default within the timeframe specified herein. Signed by Judge Douglas L Rayes on 7/21/2020. (MMO)
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Filing 30
ORDER pursuant to #29 Stipulation for Extension of Time to Respond to Complaint: Morris Ag Air & Sons Incorporated answer due 8/6/2020; Morris Ag Air Southwest LLC answer due 8/6/2020. Signed by Judge Douglas L Rayes on 7/21/2020. (MMO)
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| Remark: Pro hac vice motion(s) granted for Paul J Lopach on behalf of Defendant Jonhenry Luke. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 29 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by Calyxt Incorporated. (Attachments: #1 Text of Proposed Order)(Talcott, Jonathon) |
| Filing 28 Corporate Disclosure Statement by Amigo Farms Incorporated. (Garcia, John) |
| Filing 27 Defendant Amigo farm, Inc.'s ANSWER to #1 Complaint by Amigo Farms Incorporated.(Garcia, John) |
| Filing 26 NOTICE of Appearance by John Steven Garcia on behalf of Amigo Farms Incorporated. (Garcia, John) |
| Filing 25 Corporate Disclosure Statement by Tri-Roto LLC. (Sandstrom, Ryan) |
| Filing 24 Defendant Tri-Rotor, LLC's ANSWER to #1 Complaint with Jury Demand by Tri-Roto LLC.(Sandstrom, Ryan) |
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Filing 23
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Rule 16 Scheduling Conference set for 10/9/2020 at 04:30 PM before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 calendar days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). (See Order for details.) Signed by Judge Douglas L Rayes on 7/14/2020. (MMO)
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| Filing 22 Defendant Jeffrey Nigh's ANSWER to #1 Complaint by Jeffrey Nigh.(Horne, Thomas) |
| Filing 21 NOTICE of Party Dismissal by Calyxt Incorporated. Party Tri-Rotor Ag Services Incorporated terminated. (Talcott, Jonathon) |
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Filing 20
ORDER pursuant to #19 Stipulation Under LRCiv 7.3 for Extension of Time to Answer Complaint: Jonhenry Luke answer due 8/5/2020. Signed by Judge Douglas L Rayes on 7/13/2020. (MMO)
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| Filing 19 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint Stipulation Under LRCiv 7.3 for Extension of Time to Answer Complaint by Jonhenry Luke. (Attachments: #1 Text of Proposed Order)(McElenney, Sean) |
| Filing 18 NOTICE re: Service of Court Order by Calyxt Incorporated re: #6 Order re Rule 12(b) Motions . (Talcott, Jonathon) |
| Filing 17 SERVICE EXECUTED filed by Calyxt Incorporated: Certificate of Service re: Civil Cover Sheet, Complaint, Summons, Plaintiff's Corporate Disclosure Statement, Notice of Availability of a United States Magistrate Judge;Order Regarding LRCIV 12.1; Motion to Correct Case Caption; and Order Correcting Case Caption upon Tri-Rotor, LLC on 06/24/2020. (Talcott, Jonathon) |
| Filing 16 SERVICE EXECUTED filed by Calyxt Incorporated: Certificate of Service re: Civil Cover Sheet, Complaint, Summons, Plaintiff's Corporate Disclosure Statement, Notice of Availability of a United States Magistrate Judge;Order Regarding LRCIV 12.1; Motion to Correct Case Caption; and Order Correcting Case Caption upon Tri-Rotor Ag Services, Inc. on 06/24/2020. (Talcott, Jonathon) |
| Filing 15 SERVICE EXECUTED filed by Calyxt Incorporated: Certificate of Service re: Civil Cover Sheet, Complaint, Summons, Plaintiff's Corporate Disclosure Statement, Notice of Availability of a United States Magistrate Judge;Order Regarding LRCIV 12.1; Motion to Correct Case Caption; and Order Correcting Case Caption upon Morris Ag Air Southwest, LLC on 06/25/2020. (Talcott, Jonathon) |
| Filing 14 SERVICE EXECUTED filed by Calyxt Incorporated: Certificate of Service re: Civil Cover Sheet, Complaint, Summons, Plaintiff's Corporate Disclosure Statement, Notice of Availability of a United States Magistrate Judge;Order Regarding LRCIV 12.1; Motion to Correct Case Caption; and Order Correcting Case Caption upon Morris Ag Air & Sons, Inc. on 06/25/2020. (Talcott, Jonathon) |
| Filing 13 SERVICE EXECUTED filed by Calyxt Incorporated: Certificate of Service re: Civil Cover Sheet, Complaint, Summons, Plaintiff's Corporate Disclosure Statement, Notice of Availability of a United States Magistrate Judge;Order Regarding LRCIV 12.1; Motion to Correct Case Caption; and Order Correcting Case Caption upon Jonhenry Luke on 06/24/2020. (Talcott, Jonathon) |
| Filing 12 SERVICE EXECUTED filed by Calyxt Incorporated: Certificate of Service re: Civil Cover Sheet, Complaint, Summons, Plaintiff's Corporate Disclosure Statement, Notice of Availability of a United States Magistrate Judge;Order Regarding LRCIV 12.1; Motion to Correct Case Caption; and Order Correcting Case Caption upon Jeffrey Nigh on 06/24/2020. (Talcott, Jonathon) |
| Filing 11 SERVICE EXECUTED filed by Calyxt Incorporated: Certificate of Service re: Civil Cover Sheet, Complaint, Summons, Plaintiff's Corporate Disclosure Statement, Notice of Availability of a United States Magistrate Judge;Order Regarding LRCIV 12.1; Motion to Correct Case Caption; and Order Correcting Case Caption upon D'Arrigo Bros. Co. of California on 06/24/2020. (Talcott, Jonathon) |
| Filing 10 SERVICE EXECUTED filed by Calyxt Incorporated: Certificate of Service re: Civil Cover Sheet, Complaint, Summons, Plaintiff's Corporate Disclosure Statement, Notice of Availability of a United States Magistrate Judge;Order Regarding LRCIV 12.1; Motion to Correct Case Caption; and Order Correcting Case Caption upon Amigo Farms, Inc. on 06/25/2020. (Talcott, Jonathon) |
| Filing 9 Summons Issued as to D'Arrigo Brothers Company of California. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
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Filing 8
ORDER granting Plaintiff's #7 Motion to Correct Case Caption and Issue Corrected Summons.IT IS FURTHER ORDERED correcting the caption and directing the Clerk of Court to issue a corrected Summons lodged as Doc. 7-2 to "D'Arrigo Bros. Co. of California." Signed by Judge Douglas L Rayes on 6/23/2020. (LFIG)
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| Remark: Pro hac vice motion(s) granted for Karla M Vehrs, Conor HM Smith on behalf of Plaintiff Calyxt Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 7 MOTION to Amend/Correct #1 Complaint Case Caption and Issue Corrected Summons for Defendant D'Arrigo Bros. Co. of California by Calyxt Incorporated. (Attachments: #1 Text of Proposed Order, #2 Summons D'Arrigo Bros. Co. of California)(Talcott, Jonathon) |
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Filing 6
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 6/22/2020. (MMO)
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| Filing 5 Summons Issued as to Amigo Farms Incorporated, D'Arrigo Brothers Company, Jonhenry Luke, Morris Ag Air & Sons Incorporated, Morris Ag Air Southwest LLC, Jeffrey Nigh, Tri-Roto LLC, Tri-Rotor Ag Services Incorporated. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 Filing fee paid, receipt number 0970-18397067. This case has been assigned to the Honorable Douglas L. Rayes. All future pleadings or documents should bear the correct case number: CV-20-01221-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 3 SUMMONS Submitted by Calyxt Incorporated. (submitted by Jonathon Talcott) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons) (REK) |
| Filing 2 Corporate Disclosure Statement by Calyxt Incorporated identifying Corporate Parent Cellectis SA for Calyxt Incorporated. (submitted by Jonathon Talcott) (REK) |
| Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-18397067 filed by Calyxt Incorporated. (submitted by Jonathon Talcott) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (REK) |
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