Western Export Services, Inc. v. Ghirardelli Chocolate Company
| Western Export Services, Inc. |
| Ghirardelli Chocolate Company |
| 1:2020cv01980 |
| July 7, 2020 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 16 Civil Case Dismissed without prejudice pursuant to the MINUTE ORDER filed in this case on 9/3/20. Text Only Entry (jdyne, ) |
Filing 15
MINUTE ORDER re: #14 Joint Status Report. In light of the parties' agreement to go to arbitration, the Court directs that this case be dismissed without prejudice. By Judge R. Brooke Jackson on 9/3/2020. (rbjsec. )
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| Filing 14 Joint STATUS REPORT and Request for Guidance by Plaintiff Western Export Services, Inc.. (Stich, Max) |
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Filing 13
ORDER granting #10 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint. Ghirardelli Chocolate Company's answer is due 9/14/2020. While the Court is not sure that defendant and its counsel need 45 more days to respond, this kind of request is ordinarily stipulated to by opposing counsel, and in the absence of that, will be granted by the Court. More importantly, however, the parties should immediately confer about what appears to be a valid dispute resolution clause in a contract between two sophisticated businesses. See ECF No. 1-1 at paragraph 5. The questions I pose are (1) have the parties followed 5(a) and (b). If not, what is the remedy. If so, then unless there is a good reasons why 5(c) is unconscionable, why are they not proceeding in arbitration as agreed? If the problem is that they cannot agree on an arbitrator or a jurisdiction, they should be prepared to explain how that disagreement should be resolved. This does not appear to be a case that will be resolved on its merits in the Court. By Judge R. Brooke Jackson on 7/27/2020. Text Only Entry(rbjsec. )
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| Filing 12 NOTICE of Entry of Appearance by Anya Amalia Havriliak on behalf of Ghirardelli Chocolate CompanyAttorney Anya Amalia Havriliak added to party Ghirardelli Chocolate Company(pty:dft) (Havriliak, Anya) |
| Filing 11 NOTICE of Entry of Appearance by Eliseo R. Puig, Jr on behalf of Ghirardelli Chocolate CompanyAttorney Eliseo R. Puig, Jr added to party Ghirardelli Chocolate Company(pty:dft) (Puig, Eliseo) |
| Filing 10 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Ghirardelli Chocolate Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order (PDF Only))(Rothstein, Evan) |
| Filing 9 NOTICE of Entry of Appearance Amended by Lawrence A. VandenBout on behalf of Western Export Services, Inc. (VandenBout, Lawrence) |
| Filing 8 NOTICE of Entry of Appearance by Lawrence A. VandenBout on behalf of Western Export Services, Inc.Attorney Lawrence A. VandenBout added to party Western Export Services, Inc.(pty:pla) (VandenBout, Lawrence) |
| Filing 7 NOTICE of Entry of Appearance by Max S. Stich on behalf of Western Export Services, Inc.Attorney Max S. Stich added to party Western Export Services, Inc.(pty:pla) (Stich, Max) |
| Filing 6 SUMMONS Returned Executed by Western Export Services, Inc.. Ghirardelli Chocolate Company served on 7/8/2020, answer due 7/29/2020. (Koclanes, Peter) |
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Filing 5
MINUTE ORDER: Due to the COVID-19 pandemic the Court will not hold a Scheduling Conference. The Court requests that counsel confer and attempt to agree on a schedule and submit a proposed scheduling order with in 45 days of a response to the complaint pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. By Judge R. Brooke Jackson on 7/8/2020. Text Only Entry (rbjsec. )
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| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (agarc, ) |
| Filing 3 Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (agarc, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Koclanes, Peter) |
| Filing 1 COMPLAINT and Jury Demand against Ghirardelli Chocolate Company (Filing fee $ 400,Receipt Number 1082-7374332)Attorney Peter G. Koclanes added to party Western Export Services, Inc.(pty:pla), filed by Western Export Services, Inc.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Summons)(Koclanes, Peter) |
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