Factory Mutual Insurance Company v. Henning Companies, LLC
| Factory Mutual Insurance Company, a Rhode Island Company, as Subrogee of Post Holdings, Inc., a Missouri corporation, Michael Foods of Delaware, Inc., a Delaware corporation, and M.G. Waldbaum Company, a Nebraska Company |
| Henning Companies, LLC, an Iowa Limited Liability Company |
| 26-1445 |
| March 12, 2026 |
| U.S. Court of Appeals, Eighth Circuit |
| Other Contract Actions |
Docket Report
This docket was last retrieved on September 10, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| RECORD FILED - APPELLEE APPENDIX OF HENNING COMPANY, LLC, 3 volumes, 1 box, Comments: 3 sets [5682076] [26-1445] (HAG) [Entered: 09/10/2026 02:32 PM] |
| Paper copies Appellee/Respondent brief, [ # 5680117-2 ] filed by Henning Companies, LLC 10 paper copies received. [5682042] [26-1445] (HAG) [Entered: 09/10/2026 02:10 PM] |
| PUBLIC DOCKET NOTE: Appellee's brief in 26-1448 has been filed. Appellant's consolidated reply brief in 26-1445 & 26-1448 is due September 25, 2026. [5680145] [26-1445] (HAG) [Entered: 09/04/2026 10:45 AM] |
| BRIEF FILED - APPELLEE BRIEF filed by Henning Companies, LLC, w/service 09/04/2026. Length: 11,992 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Henning Companies, LLC due 09/09/2026 WITH certificate of service for paper briefs. Appellant's reply brief deadline will be set upon the filing of appellee's brief in 26-1448. [5680117] [26-1445] (HAG) [Entered: 09/04/2026 10:14 AM] |
| APPELLEE brief of Henning Companies, LLC submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5679960] [26-1445] (CT) [Entered: 09/03/2026 04:41 PM] |
| Paper copies Corrected Appellant/Petitioner brief, [ # 5674327-2 ] filed by Factory Mutual Insurance Company in 26-1445 & 26-1448 10 paper copies received, w/Addendum attached. [5676918] [26-1445, 26-1448] (HAG) [Entered: 08/27/2026 11:02 AM] |
| PUBLIC DOCKET NOTE: Appellees' deadline to resubmit their briefs correcting the deficiencies indicated in the August 12, 2026 Notice is September 3, 2026. [5675088] [26-1445, 26-1448] (HAG) [Entered: 08/21/2026 03:26 PM] |
| CORRECTED/INITIAL certificate of service for Court Record, Doc No. [5649095-2], filed by Appellant Factory Mutual Insurance Company in 26-1445 & 26-1448 [5675000] [26-1445, 26-1448]--[Edited 08/21/2026 by HAG to link to correct dkt entry] (DWB) [Entered: 08/21/2026 02:56 PM] |
| BRIEF FILED - CORRECTED Appellant/Petitioner brief, correcting doc # [ # 5647110-2 ] filed by Factory Mutual Insurance Company in 26-1445 & 26-1448, w/service 08/20/2026. Length: 8,200 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Factory Mutual Insurance Company due 08/25/2026 WITH certificate of service for paper briefs. [5674327] [26-1445, 26-1448] (HAG) [Entered: 08/20/2026 12:41 PM] |
| CORRECTED brief of Factory Mutual Insurance Company in 26-1445, 26-1448 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5673927] [26-1445, 26-1448] (DWB) [Entered: 08/19/2026 02:51 PM] |
| CORRECTED brief of Factory Mutual Insurance Company in 26-1445, 26-1448 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5674010] [26-1445, 26-1448] (DWB) [Entered: 08/19/2026 04:28 PM] |
| Brief deficiency notice sent to counsel, Attorney Daniel Wallace Berglund for Appellant Factory Mutual Insurance Company in 26-1445, 26-1448. [5673995] [26-1445, 26-1448] (HAG) [Entered: 08/19/2026 04:02 PM] |
| CLERK ORDER: Appellees joint [ # 5672498-2 ] motion for extension of time to resubmit their briefs is granted in part. Appellees are granted 14 days from the date of service of Volume 4 of the appellants appendix. Counsel for the appellant is directed to file a Corrected Certificate of Service in CM/ECF within five days of the date of this order showing service of Volume 4 of the appendix upon opposing counsel and this court. [5673480] [5673480] [26-1445, 26-1448] (HAG) [Entered: 08/18/2026 03:45 PM] |
| JOINT MOTION for extension of time to resubmit briefs, filed by Attorney Cade C. Fries for Appellee Vencomatic, Inc. in 26-1448, and Attorney Stephen L. Ahl for Appellee Henning Companies, LLC in 26-1445 w/service 08/14/2026. [5672498] [26-1448, 26-1445]--[Edited 08/18/2026 by HAG to revise dkt txt] (CCF) [Entered: 08/14/2026 06:16 PM] |
| 2nd Brief deficiency notice sent to counsel, Attorney Cathy Trent-Vilim for Appellee Henning Companies, LLC. [5671120] [26-1445] (HAG) [Entered: 08/12/2026 09:34 AM] |
| APPELLEE brief of Henning Companies, LLC submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5670571] [26-1445] (CT) [Entered: 08/10/2026 08:15 PM] |
| Brief deficiency notice sent to counsel, Attorney Cathy Trent-Vilim for Appellee Henning Companies, LLC. [5669551] [26-1445] (NDG) [Entered: 08/06/2026 03:16 PM] |
| APPELLEE brief of Henning Companies, LLC in 26-1445 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5668053] [26-1445]--[Edited 08/11/2026 by HAG to remove from 26-1448] (CT) [Entered: 08/03/2026 10:18 PM] |
| ***LOCKED***APPELLEE brief of Vencomatic, Inc. in 26-1448 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5668049] [26-1448, 26-1445]--[Edited 08/06/2026 by NDG] This document is locked as it has been incorrectly filed. Appendices are to be filed in paper copy only. Counsel to send three copies of the appendix to the court for filing. (MDH) [Entered: 08/03/2026 08:08 PM] |
| APPELLEE brief of Vencomatic, Inc. in 26-1448 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5668048] [26-1448, 26-1445] (MDH) [Entered: 08/03/2026 07:37 PM] |
| CLERK ORDER: Granting [ # 5655771-2 ] motion for extension of time to file brief filed by Stephen L. Ahl and Matthew David Hammes. Briefs of Henning Companies, LLC and Vencomatic, Inc. due 08/03/2026. [5656023] [26-1445, 26-1448] (HAG) [Entered: 06/29/2026 04:10 PM] |
| JOINT MOTION for extension of time to file brief until 08/03/2026, filed by Attorney Matthew David Hammes for Appellee Vencomatic, Inc. in 26-1448, Attorney Stephen L. Ahl for Appellee Henning Companies, LLC in 26-1445 w/service 06/29/2026. [5655771] [26-1448, 26-1445]--[Edited 06/29/2026 by HAG to revise dkt txt] (MDH) [Entered: 06/29/2026 11:22 AM] |
| RECORD FILED - APLNT/PET APPENDIX, 4 volumes, 1 box, Comments: 3 sets **ENTRY UPDATED TO REFLECT RECEIPT OF VOL. 4** [5649095] [26-1445, 26-1448]--[Edited 08/27/2026 by HAG to update and resend NDA] (HAG) [Entered: 06/09/2026 11:20 AM] |
| Paper copies Appellant/Petitioner Brief, [ # 5647110-2 ] filed by Factory Mutual Insurance Company in 26-1445 & 26-1448 10 paper copies received, w/Addendum attached. [5649088] [26-1445, 26-1448] (HAG) [Entered: 06/09/2026 11:11 AM] |
| BRIEF FILED - **LOCKED-THIS BRIEF HAS BEEN REPLACED BY THE CORRECTED APPELLANT BRIEF FILED ON 08/20/2026** APPELLANT BRIEF filed by Factory Mutual Insurance Company in 26-1445 & 26-1448, w/service 06/03/2026. Length: 8,200 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Factory Mutual Insurance Company due 06/08/2026 WITH certificate of service for paper briefs. Briefs of Henning Companies, LLC and Vencomatic, Inc. due on 07/06/2026. [5647110] [26-1445, 26-1448] (HAG) [Entered: 06/03/2026 11:21 AM] |
| APPELLANT brief of Factory Mutual Insurance Company in 26-1445, 26-1448 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5645941] [26-1445, 26-1448] (DWB) [Entered: 06/01/2026 09:24 AM] |
| 3rd Brief deficiency notice sent to counsel, Attorney Daniel Wallace Berglund for Appellant Factory Mutual Insurance Company in 26-1445 & 26-1448. [5645281] [26-1445, 26-1448] (HAG) [Entered: 05/29/2026 08:57 AM] |
| ADDENDUM of APPELLANT FILED by Appellant Factory Mutual Insurance Company in 26-1445 & 26-1448, w/service 05/28/2026. [5644678] [26-1445, 26-1448] (HAG) [Entered: 05/28/2026 09:45 AM] |
| 2nd Brief deficiency notice sent to counsel, Attorney Daniel Wallace Berglund for Appellant Factory Mutual Insurance Company in 26-1445 & 26-1448. [5644672] [26-1445, 26-1448] (HAG) [Entered: 05/28/2026 09:39 AM] |
| APPELLANT brief of Factory Mutual Insurance Company in 26-1445, 26-1448 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5644965] [26-1445, 26-1448] (DWB) [Entered: 05/28/2026 02:50 PM] |
| Addendum of APPELLANT submitted for review by Factory Mutual Insurance Company in 26-1445, 26-1448. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5644512] [26-1445, 26-1448] (DWB) [Entered: 05/27/2026 03:35 PM] |
| APPELLANT brief of Factory Mutual Insurance Company in 26-1445, 26-1448 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5644507] [26-1445, 26-1448] (DWB) [Entered: 05/27/2026 03:32 PM] |
| Addendum deficiency notice sent to counsel, Attorney Daniel Wallace Berglund for Appellant Factory Mutual Insurance Company in 26-1445 & 26-1448. New electronic copy of addendum due on 06/01/2026. [5643819] [26-1445, 26-1448] (HAG) [Entered: 05/26/2026 11:50 AM] |
| Brief deficiency notice sent to counsel, Attorney Daniel Wallace Berglund for Appellant Factory Mutual Insurance Company in 26-1445 & 26-1448. [5643742] [26-1445, 26-1448] (HAG) [Entered: 05/26/2026 11:10 AM] |
| Addendum of APPELLANT submitted for review by Factory Mutual Insurance Company in 26-1445, 26-1448. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5643010] [26-1445, 26-1448] (DWB) [Entered: 05/21/2026 05:28 PM] |
| APPELLANT brief of Factory Mutual Insurance Company in 26-1445, 26-1448 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5643009] [26-1445, 26-1448] (DWB) [Entered: 05/21/2026 05:25 PM] |
| CLERK ORDER:Granting [ # 5626382-2 ] motion for extension of time to file brief filed by Daniel Wallace Berglund. Brief of Factory Mutual Insurance Company due 05/21/2026. Appendix due on 05/21/2026 [5626977] [26-1445, 26-1448] (GP) [Entered: 04/08/2026 02:56 PM] |
| DESIGNATION of record filed by Appellee Henning Companies, LLC. w/service 04/08/2026 [5627095] [26-1445] (CT) [Entered: 04/08/2026 04:57 PM] |
| MOTION for extension of time to file brief until 05/21/2026, filed by Attorney Daniel Wallace Berglund for Appellant Factory Mutual Insurance Company in 26-1445, 26-1448 w/service 04/07/2026. [5626382] [26-1445, 26-1448]--[Edited to reflect motion filed in both cases, 04/08/2026 by GP] (DWB) [Entered: 04/07/2026 01:26 PM] |
| Certificate of transcript filed by Appellant Factory Mutual Insurance Company in 26-1445, 26-1448. No Transcript[5622315] [26-1445, 26-1448] (DWB) [Entered: 03/26/2026 10:52 AM] |
| STATEMENT of issues filed by Appellant Factory Mutual Insurance Company in 26-1445, 26-1448 - w/service 03/26/2026. [5622308] [26-1445, 26-1448] (DWB) [Entered: 03/26/2026 10:46 AM] |
| DESIGNATION of record filed by Appellant Factory Mutual Insurance Company in 26-1445, 26-1448. w/service 03/26/2026 [5622324] [26-1445, 26-1448] (DWB) [Entered: 03/26/2026 10:58 AM] |
| METHOD of appendix preparation filed by Appellant Factory Mutual Insurance Company in 26-1445, 26-1448 - Separate Appendix - w/service 03/26/2026 [5622320] [26-1445, 26-1448] (DWB) [Entered: 03/26/2026 10:56 AM] |
| CORPORATE disclosure statement filed by Appellee Henning Companies, LLC in 26-1445. - FOR CAL [5619516] [26-1445, 26-1448] (SLA) [Entered: 03/18/2026 07:39 AM] |
| APPEARANCE filed by Cathy S. Trent-Vilim for Appellee Henning Companies, LLC w/service 03/17/2026 [5619348] [26-1445] (CT) [Entered: 03/17/2026 02:15 PM] |
| CORPORATE disclosure statement filed by Appellant Factory Mutual Insurance Company in 26-1445, 26-1448. - FOR CAL [5619202] [26-1445, 26-1448] (DWB) [Entered: 03/17/2026 10:55 AM] |
| APPEARANCE filed by Melanie J. Whittamore-Mantzios for Appellee Henning Companies, LLC w/service 03/13/2026 [5618428] [26-1445] (MJW) [Entered: 03/13/2026 01:54 PM] |
| APPEARANCE filed by Meghan M. Rodda for Appellant Factory Mutual Insurance Company w/service 03/13/2026 [5618475] [26-1445] (MMR) [Entered: 03/13/2026 02:29 PM] |
| APPEARANCE filed by Daniel W. Berglund for Appellant Factory Mutual Insurance Company w/service 03/13/2026 [5618456] [26-1445] (DWB) [Entered: 03/13/2026 02:18 PM] |
| APPEARANCE filed by Stephen L. Ahl for Appellee Henning Companies, LLC w/service 03/13/2026 [5618430] [26-1445] (SLA) [Entered: 03/13/2026 01:58 PM] |
| Originating court document filed consisting of notice of appeal, docket entries, Memorandum & Order 02/06/2026, and Judgment 02/10/2026. [5617896] [26-1445] (CMH) [Entered: 03/12/2026 03:35 PM] |
| CONSOLIDATED BRIEFING SCHEDULE SET AS FOLLOWS: Appendix due on 04/21/2026. BRIEF OF APPELLANT Factory Mutual Insurance Company due 04/21/2026. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5617906] [26-1445, 26-1448] (CMH) [Entered: 03/12/2026 03:43 PM] |
| Civil case docketed. [5617890] [26-1445] (CMH) [Entered: 03/12/2026 03:29 PM] |
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| Plaintiff: Factory Mutual Insurance Company, a Rhode Island Company, as Subrogee of Post Holdings, Inc., a Missouri corporation, Michael Foods of Delaware, Inc., a Delaware corporation, and M.G. Waldbaum Company, a Nebraska Company | |
| Represented By: | Meghan Marie Rodda |
| Represented By: | Timothy S. Poeschl |
| Represented By: | Daniel Wallace Berglund |
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| Defendant: Henning Companies, LLC, an Iowa Limited Liability Company | |
| Represented By: | Melanie J. Whittamore-Mantzios |
| Represented By: | Christopher M. Schmidt |
| Represented By: | Stephen L. Ahl |
| Represented By: | Cathy Trent-Vilim |
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