Commercial Resource Group, LLC v. The J.M. Smucker Company
| Commercial Resource Group, LLC |
| The J.M. Smucker Company |
| 12-3308 |
| October 1, 2012 |
| U.S. Court of Appeals, Eighth Circuit |
| Rent, Lease, Ejectment |
Docket Report
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| Document Text |
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| MANDATE ISSUED. [4175786] [12-3308] (YML) [Entered: 07/16/2014 10:57 AM] |
| JUDGE ORDER: A petition for rehearing by the panel was filed by the appellee. Upon consideration of the petition for rehearing a corrected opinion is hereby filed correcting page two of the opinion. In all other respects the petition for rehearing is denied. [ # 4164980-2 ] PUBLISHED ORDER. Hrg Oct 2013 [4168811] [12-3308] (YML) [Entered: 06/25/2014 11:17 AM] |
| CORRECTED OPINION FILED - THE COURT: WILLIAM JAY RILEY, STEVEN M. COLLOTON and JANE KELLY Original Opinion filed on: 05/30/2014 Correction to opinion: Correcting page 2, paragraph 2 of the opinion. [4168844] [12-3308] (YML) [Entered: 06/25/2014 11:43 AM] |
| PETITION for rehearing by panel filed by Appellee The J.M. Smucker Company w/service 06/13/2014 [4164980] [12-3308] (SAH) [Entered: 06/13/2014 02:35 PM] |
| OPINION FILED - THE COURT: William Jay Riley, Steven M. Colloton and Jane Kelly AUTHORING JUDGE:Jane Kelly (PUBLISHED), DISSENT BY: Steven M. Colloton [4159116] [12-3308] ***REPLACED BY CORRECTED OPINION FILED 6/25/15***--[Edited 06/25/2014 by YML] (YML) [Entered: 05/30/2014 09:09 AM] |
| JUDGMENT FILED - The judgment of the originating court is REVERSED and REMANDED in accordance with the opinion. WILLIAM JAY RILEY, STEVEN M. COLLOTON and JANE KELLY Hrg Oct 2013 [4159122] [12-3308] (YML) [Entered: 05/30/2014 09:15 AM] |
| ARGUED & SUBMITTED in St. Paul to Judges William Jay Riley, Steven M. Colloton, Jane Kelly on 10/23/2013 Mr. Ronald Harvey McLean for Appellant Commercial Resource Group, LLC and Ms. Sarah Andrews Herman for Appellee The J.M. Smucker Company. No Rebuttal. RECORDED [4088647] [12-3308] (CYZ) [Entered: 10/23/2013 12:30 PM] |
| PANEL CHANGE from JUDGES RILEY, MURPHY, COLLOTON - 10/02/2013 TO JUDGES RILEY, COLLOTON, KELLY [4081765] [12-3308] (KAS) [Entered: 10/02/2013 10:48 AM] |
| ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Ronald Harvey McLean for Commercial Resource Group, LLC for argument in October, at the U.S. Courthouse in St. Paul, Minnesota. [4079676] [12-3308] (RHM) [Entered: 09/26/2013 09:25 AM] |
| ARGUMENT RESPONSE/APPEARANCE FORM filed by Ms. Sarah Andrews Herman for The J.M. Smucker Company for argument in October, at the U.S. Courthouse in St. Paul, Minnesota. [4078764] [12-3308] (SAH) [Entered: 09/24/2013 09:44 AM] |
| SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Paul on Wednesday, October 23, 2013. To be heard before Judges William Jay Riley, Diana E. Murphy and Steven M. Colloton in Division I. The courtroom deputy will be Corrine Zilge. All attorneys presenting oral argument must complete a Response Form. The Response Form may be found at http://media.ca8.uscourts.gov/newcoa/forms/OralArgumentResponseForm.pdf. For the complete calendar go to http://media.ca8.uscourts.gov/webcal/oct13stp.pdf PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. [4077950] [12-3308] (KAS) [Entered: 09/20/2013 01:55 PM] |
| LETTER from Appellee The J.M. Smucker Company regarding availability for oral argument. w/service 03/04/2013 [4010948] [12-3308] (SAH) [Entered: 03/04/2013 02:35 PM] |
| LETTER from Appellant Commercial Resource Group, LLC regarding availability for oral argument. w/service 03/01/2013 [4010284] [12-3308] (RHM) [Entered: 03/01/2013 10:21 AM] |
| Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. The following is a link to the upcoming court sessions http://www.ca8.uscourts.gov/files/oadates.pdf Please review these dates immediately to determine if you have any conflicts. If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [4008545] [12-3308] (BWB) [Entered: 02/26/2013 01:26 PM] |
| Paper copies Reply brief, [ # 4004898-2 ] filed by Commercial Resource Group, LLC 10 paper copies received. DEFECTS: Corrections to be submitted by 02/25/2013 [4006300] [12-3308] (YML) [Entered: 02/19/2013 04:10 PM] |
| BRIEF FILED - APPELLANT REPLY BRIEF filed by Commercial Resource Group, LLC. w/service 02/13/2013 , Length: 6 pgs 10 COPIES OF PAPER BRIEFS FROM Commercial Resource Group, LLC due 02/19/2013 WITH revised certificate of service for paper briefs [4004898] [12-3308] (YML) [Entered: 02/13/2013 04:26 PM] |
| REPLY brief of Commercial Resource Group, LLC submitted for review. The time for filing the subsequent brief does not begin to run until the brief has been approved and filed. [4004854] [12-3308] (PWZ) [Entered: 02/13/2013 03:18 PM] |
| Paper copies Appellee/Respondent brief, [ # 4000401-2 ] filed by The J.M. Smucker Company 10 paper copies received. [4002019] [12-3308] (YML) [Entered: 02/05/2013 04:58 PM] |
| BRIEF FILED - APPELLEE BRIEF filed by The J.M. Smucker Company, w/service 01/31/2013 , Length: 28 pgs 10 COPIES OF PAPER BRIEFS FROM The J.M. Smucker Company due 02/05/2013 WITH revised certificate of service for paper briefs . Reply brief of Commercial Resource Group, LLC due on 02/14/2013. [4000401] [12-3308] (YML) [Entered: 01/31/2013 04:48 PM] |
| APPELLEE brief of The J.M. Smucker Company submitted for review. The time for filing the subsequent brief does not begin to run until the brief has been approved and filed. [4000352] [12-3308] (SLB) [Entered: 01/31/2013 03:54 PM] |
| Paper copies Appellant/Petitioner Brief, [ # 3989063-2 ] filed by Commercial Resource Group, LLC 10 paper copies received. w/Addendum attached --[Edited 01/16/2013 by YML] [3991602] [12-3308] (YML) [Entered: 01/07/2013 04:57 PM] |
| Addendum deficiency notice sent to counsel, Attorney Mr. Peter William Zuger for Appellant Commercial Resource Group, LLC. New electronic copy of addendum due on 01/03/2013 [3989056] [12-3308] (YML) [Entered: 12/28/2012 10:36 AM] |
| BRIEF FILED - APPELLANT BRIEF filed by Commercial Resource Group, LLC. w/service 12/27/2012 , Length: 17 pgs 10 COPIES OF PAPER BRIEFS FROM Commercial Resource Group, LLC due 01/03/2013 WITH revised certificate of service for paper briefs . Brief of The J.M. Smucker Company due on 01/31/2013 [3989063] [12-3308] (YML) [Entered: 12/28/2012 10:46 AM] |
| Addendum of APPELLANT submitted for review by Commercial Resource Group, LLC [3989078] [12-3308] (PWZ) [Entered: 12/28/2012 10:58 AM] |
| ADDENDUM of APPELLANT FILED by Appellant Commercial Resource Group, LLC. w/service 12/28/2012 [3989198] [12-3308] (YML) [Entered: 12/28/2012 12:44 PM] |
| Addendum of APPELLANT submitted for review by Commercial Resource Group, LLC [3988843] [12-3308] (PWZ) [Entered: 12/27/2012 03:29 PM] |
| APPELLANT brief of Commercial Resource Group, LLC submitted for review. The time for filing the subsequent brief does not begin to run until the brief has been approved and filed. [3988842] [12-3308] (PWZ) [Entered: 12/27/2012 03:28 PM] |
| Brief deficiency notice sent to counsel, Attorney Mr. Peter William Zuger for Appellant Commercial Resource Group, LLC. [3988290] [12-3308] (SRD) [Entered: 12/26/2012 02:13 PM] |
| Addendum deficiency notice sent to counsel, Attorney Mr. Peter William Zuger for Appellant Commercial Resource Group, LLC. New electronic copy of addendum due on 01/02/2013 [3988293] [12-3308] (SRD) [Entered: 12/26/2012 02:16 PM] |
| RECORD FILED - APLNT/PET APPENDIX, 1 volumes, Location STL, Comments: 3 Copies [3988414] [12-3308] (YML) [Entered: 12/26/2012 05:04 PM] |
| APPELLANT brief of Commercial Resource Group, LLC submitted for review. The time for filing the subsequent brief does not begin to run until the brief has been approved and filed. [3987863] [12-3308] (PWZ) [Entered: 12/21/2012 02:48 PM] |
| Addendum of APPELLANT submitted for review by Commercial Resource Group, LLC [3987864] [12-3308] (PWZ) [Entered: 12/21/2012 02:49 PM] |
| CORRECTED certificate of service for Addendum submitted , Doc No. [ # 3987864-2 ], Submitted brief , Doc No. [ # 3987863-2 ], filed by Appellant Commercial Resource Group, LLC [3987875] [12-3308] (PWZ) [Entered: 12/21/2012 02:56 PM] |
| CLERK ORDER: [ # 3986934-2 ] Appellee's unopposed motion for an 11-day extension of time to file brief, based on the appellant's intent to file their brief on December 21, 2012, is granted. Brief of The J.M. Smucker Company is due 01/31/2013. [3987206] [12-3308] (SRD) [Entered: 12/20/2012 11:26 AM] |
| MOTION for extension of time to file brief until 01/31/2013, filed by Ms. Shannon Lynne Bjorklund for Appellee The J.M. Smucker Company and Ms. Sarah Andrews Herman for Appellee The J.M. Smucker Company w/service 12/19/2012. [3986934] [12-3308] (SAH) [Entered: 12/19/2012 03:52 PM] |
| METHOD of appendix preparation filed by Appellant Commercial Resource Group, LLC - Separate Appendix w/service 11/13/2012 [3974360] [12-3308] (RHM) [Entered: 11/13/2012 03:42 PM] |
| DESIGNATION of record filed by Appellant Commercial Resource Group, LLC. w/service 11/13/2012 [3974364] [12-3308] (RHM) [Entered: 11/13/2012 03:44 PM] |
| STATEMENT of issues filed by Appellant Commercial Resource Group, LLC w/service 11/13/2012 [3974435] [12-3308] (RHM) [Entered: 11/13/2012 05:00 PM] |
| APPEARANCE filed by Shannon Bjorklund for Appellee The J.M. Smucker Company w/service 11/07/2012 [3972432] [12-3308] (SAH) [Entered: 11/07/2012 12:27 PM] |
| CORPORATE disclosure statement filed by Appellee The J.M. Smucker Company. - FOR CAL. [3972516] [12-3308] (SAH) [Entered: 11/07/2012 02:35 PM] |
| RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Location STP, Source Location: DC, Dt. of Proceeding/Hearing: 03/22/2012, No. of Pgs.: 34, Court Reporter: Kroke, Kelly A. [3971153] [12-3308] (CYZ) [Entered: 11/02/2012 04:29 PM] |
| Originating court document filed consisting of originating court order of 10/31/2012 denying defendant's Rule 59(e) motion, [3970656] [12-3308] (CYZ) [Entered: 11/01/2012 03:59 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 12/11/2012. Appendix due 12/21/2012. BRIEF APPELLANT, Commercial Resource Group, LLC due 12/21/2012 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. Appellant reply brief is due 14 days from the date the court issues the Notice of Docket Activity filing the appellee brief. [3970659] [12-3308] (CYZ) [Entered: 11/01/2012 04:02 PM] |
| APPEARANCE filed by Sarah Andrews Herman for Appellee The J.M. Smucker Company w/service 10/04/2012 [3960393] [12-3308] (SAH) [Entered: 10/04/2012 10:27 AM] |
| CLERK LETTER sent to hold briefing schedule in abeyance pending district court's ruling on Rule 59(e) motion. [3960375] [12-3308] (CYZ) [Entered: 10/04/2012 10:07 AM] |
| APPELLANT'S FORM A FILED from Appellant Commercial Resource Group, LLC [3959607] [12-3308] (RHM) [Entered: 10/02/2012 02:59 PM] |
| CORPORATE disclosure statement filed by Appellant Commercial Resource Group, LLC. - FOR CAL. [3959643] [12-3308] (RHM) [Entered: 10/02/2012 03:17 PM] |
| APPEARANCE filed by Ronald H. McLean for Appellant Commercial Resource Group, LLC w/service 10/02/2012 [3959622] [12-3308] (RHM) [Entered: 10/02/2012 03:06 PM] |
| CORRECTED certificate of service for Corporate Disclosure , Doc No. [ # 3959643-2 ], disclosure for Calendar, Doc No. [ # 3959643-3 ], filed by Appellant Commercial Resource Group, LLC [3959649] [12-3308] (RHM) [Entered: 10/02/2012 03:18 PM] |
| Originating court document filed consisting of notice of appeal, docket entries, orders dated 4/11/12 & 9/12/12, judgment of 9/12/12 [3958846] [12-3308] (CYZ) [Entered: 10/01/2012 12:57 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 11/13/2012. Appendix due 11/20/2012. BRIEF APPELLANT, Commercial Resource Group, LLC due 11/20/2012 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. Appellant reply brief is due 14 days from the date the court issues the Notice of Docket Activity filing the appellee brief. [3958847] [12-3308] (CYZ) [Entered: 10/01/2012 12:58 PM] |
| Civil case docketed. [3958842] [12-3308] (CYZ) [Entered: 10/01/2012 12:53 PM] |
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