Moose Agricultural, LLC et al v. Layn USA, Inc. et al
Moose Agricultural, LLC and Colorado Hemp Solutions, LLC |
Layn USA, Inc. and Hemprise, LLC |
1:2020cv02508 |
August 20, 2020 |
US District Court for the District of Colorado |
Lewis T Babcock |
R Brooke Jackson |
Contract: Other |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on July 18, 2022. A more recent docket listing may be available from PACER.
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Filing 65 ORDER finding as moot #63 Motion for Summary Judgment. An amended motion has been filed at ECF No. 64. By Judge R. Brooke Jackson on 10/18/2021. Text Only Entry(rbjsec.) |
Filing 64 Amended MOTION for Summary Judgment by Counter Claimants Hemprise, LLC, Layn USA, Inc., Defendants Hemprise, LLC, Layn USA, Inc.. (Attachments: #1 Exhibit A - Crisham Declaration, #2 Exhibit A-1 - Crisham 7.17.20 Ltr, #3 Exhibit A-2 - Clarke Dep vol. 1 excerpts, #4 Exhibit A-3 - Clarke Dep vol. 2 excerpts, #5 Exhibit A-4 - Clarke Dep Ex. 28, #6 Exhibit A-5 - Clarke Dep Ex. 34, #7 Exhibit A-6 - Clarke Dep Ex. 59, #8 Exhibit A-7 - Willis Dep excerpts, #9 Exhibit A-8 - Kinney Rebuttal Report, #10 Exhibit B - Opie Declaration, #11 Exhibit B-1 - Opie Expert Report, #12 Exhibit B-2 - Opie Rebuttal Report, #13 Exhibit C - Yu Declaration, #14 Exhibit C-1 - Yu Dep. Ex. 1, #15 Exhibit C-2 - Clarke Dep. Ex. 10, #16 Exhibit C-3 - Clarke Dep. Ex. 11, #17 Exhibit C-4 - Clarke Dep. Ex. 15, #18 Exhibit C-5 - Clarke Dep. Ex. 18, #19 Exhibit C-6 - Clarke Dep. Ex. 20, #20 Exhibit C-7 - Clarke Dep. Ex. 21, #21 Exhibit C-8 - Yu Dep. Ex. 5, #22 Exhibit C-9 - Hemprise_2007, #23 Exhibit C-10 - Pltf_216)(Crisham, John) |
Filing 63 MOTION for Summary Judgment by Counter Claimant Hemprise, LLC, Defendant Hemprise, LLC. (Attachments: #1 Exhibit A to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #2 Exhibit A-1 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #3 Exhibit A-2 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #4 Exhibit A-3 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #5 Exhibit A-4 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #6 Exhibit A-5 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #7 Exhibit A-6 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #8 Exhibit A-7 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #9 Exhibit A-8 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #10 Exhibit B to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #11 Exhibit B-1 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #12 Exhibit B-2 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #13 Exhibit C to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #14 Exhibit C-1 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #15 Exhibit C-2 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #16 Exhibit C-3 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #17 Exhibit C-4 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #18 Exhibit C-5 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #19 Exhibit C-6 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #20 Exhibit C-7 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #21 Exhibit C-8 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #22 Exhibit C-9 to Defendants/Counter-Plaintiffs Motion for Summary Judgment, #23 Exhibit C-10 to Defendants/Counter-Plaintiffs Motion for Summary Judgment)(Crisham, John) |
Filing 62 MINUTE ORDER: The Court has reviewed portions of the parties' letters. ECF Nos. #60 and #61 . Neither party complied with the Court's page limit for such letters, plaintiffs in particular. There might be a genuine dispute of material fact concerning whether the product met contractual requirements, but the Court cannot be sure based on these letters. Therefore, a summary judgment motion could be viable. by Judge R. Brooke Jackson on 10/8/21. Text Only Entry (jdyne, ) |
Filing 61 RESPONSE to #60 Notice (Other) Defendants' Notice of Intent to File a Motion for Summary Judgment by Counter Defendants Colorado Hemp Solutions, LLC, Moose Agricultural, LLC, Plaintiffs Colorado Hemp Solutions, LLC, Moose Agricultural, LLC. (Wegener, Benjamin) |
Filing 60 NOTICE of Intent to File Summary Judgment Motion by Counter Claimants Hemprise, LLC, Layn USA, Inc., Defendants Hemprise, LLC, Layn USA, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Crisham, John) |
Filing 59 Expert Witness Designation Supplemental by Counter Claimants Hemprise, LLC, Layn USA, Inc., Defendants Hemprise, LLC, Layn USA, Inc.. (Crisham, John) |
Filing 58 Expert Witness Designation by Counter Claimants Hemprise, LLC, Layn USA, Inc., Defendants Hemprise, LLC, Layn USA, Inc.. (Crisham, John) |
Filing 57 ORDER granting #56 Joint MOTION to Amend/Correct/Modify 36 Scheduling Order. Case deadlines are extended as follows: initial expert designations are now due on July 15, 2021 and rebuttal expert reports are due August 30, 2021. By Judge R. Brooke Jackson on 6/24/2021. Text Only Entry(rbjsec. ) |
Filing 56 Joint MOTION to Amend/Correct/Modify #36 Scheduling Order by Counter Defendants Colorado Hemp Solutions, LLC, Moose Agricultural, LLC, Plaintiffs Colorado Hemp Solutions, LLC, Moose Agricultural, LLC. (Wegener, Benjamin) |
Filing 55 NOTICE of Entry of Appearance of Harry Scarborough by Harry Lloyd Scarborough on behalf of Colorado Hemp Solutions, LLC, Moose Agricultural, LLCAttorney Harry Lloyd Scarborough added to party Colorado Hemp Solutions, LLC(pty:cd), Attorney Harry Lloyd Scarborough added to party Colorado Hemp Solutions, LLC(pty:pla), Attorney Harry Lloyd Scarborough added to party Moose Agricultural, LLC(pty:cd), Attorney Harry Lloyd Scarborough added to party Moose Agricultural, LLC(pty:pla) (Scarborough, Harry) |
Filing 54 REPLY to Response to #49 MOTION for Partial Summary Judgment as to Defendant Layn USA, Inc. filed by Counter Claimants Hemprise, LLC, Layn USA, Inc., Defendants Hemprise, LLC, Layn USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit A-1)(Crisham, John) |
Filing 53 ORDER granting #50 MOTION to Compel Regarding Defendants/Counter-Plaintiffs' Interrogatory Number 11. On review of the motion, response and reply (ECF Nos. 50, 51, and 52), the motion to compel is granted. The Court orders plaintiffs/counter defendants (Moose) to provide a specific and complete response to Hemprise's Interrogatory No. 11 no later than May 17, 2021. Reference to information previously provided is not sufficient. By Judge R. Brooke Jackson on 5/10/2021. Text Only Entry(rbjsec.) |
Filing 52 RESPONSE to #49 MOTION for Partial Summary Judgment as to Defendant Layn USA, Inc. filed by Counter Defendants Colorado Hemp Solutions, LLC, Moose Agricultural, LLC, Plaintiffs Colorado Hemp Solutions, LLC, Moose Agricultural, LLC. (Wegener, Benjamin) |
Filing 51 RESPONSE to #50 MOTION to Compel Regarding Defendants/Counter-Plaintiffs' Interrogatory Number 11 filed by Counter Defendants Colorado Hemp Solutions, LLC, Moose Agricultural, LLC, Plaintiffs Colorado Hemp Solutions, LLC, Moose Agricultural, LLC. (Wegener, Benjamin) |
Filing 50 MOTION to Compel Regarding Defendants/Counter-Plaintiffs' Interrogatory Number 11 by Counter Claimants Hemprise, LLC, Layn USA, Inc., Defendants Hemprise, LLC, Layn USA, Inc.. (Attachments: #1 Exhibit 1 - Hemprise Discovery Requests, #2 Exhibit 2 - Moose's Responses and Objections, #3 Exhibit 3 - 3.16.21 Email from Crisham to Wegener, #4 Exhibit 4 - 4.9.21 Email from Wegener to Crisham, #5 Exhibit 5 - Pltf _ 000274-460 Testing Results)(Crisham, John) |
Filing 49 MOTION for Partial Summary Judgment as to Defendant Layn USA, Inc. by Defendants Hemprise, LLC, Layn USA, Inc.. (Attachments: #1 Exhibit A - Yu Declaration, #2 Exhibit A-1 - Contract, #3 Exhibit A-2 - Assignment)(Crisham, John) |
Filing 48 MINUTE ORDER: The Discovery Conference set 5/5/2021 is VACATED. By Judge R. Brooke Jackson on 4/16/2021. Text Only Entry (rbjsec. ) |
Filing 47 MINUTE ORDER: A Telephonic Discovery Conference is set for 5/5/2021 at 8:30 AM in Courtroom A 902 before Judge R. Brooke Jackson. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 4/14/2021. Text Only Entry (rbjsec. ) |
Filing 46 MINUTE ORDER re: #44 Notice (Other) filed by Layn USA, Inc., Hemprise, LLC, and #45 Response, filed by Colorado Hemp Solutions, LLC, Moose Agricultural, LLC. The Court has reviewed the parties letters, ECF Nos. 44 and 45. It appears from the letters that the issue is whether when a party to a contract assigns its rights and obligations under the contract to a third party with the other contracting party's knowledge and consent, does the assignment relieve the assignor of his obligations to the other contracting party? It is not clear that the authorities cited in plaintiff's letter address that situation. Without prejudging the issue, the Court finds that it is a reasonably straightforward legal issue that potentially could be decided on a motion for summary judgment. By Judge R. Brooke Jackson on 4/8/2021. Text Only Entry (rbjsec.) |
Filing 45 RESPONSE to #44 Notice (Other) of Intent to File a Motion for Partial Summary Judgment by Counter Defendants Colorado Hemp Solutions, LLC, Moose Agricultural, LLC, Plaintiffs Colorado Hemp Solutions, LLC, Moose Agricultural, LLC. (Wegener, Benjamin) |
Filing 44 NOTICE of Intent to File Motion for Partial Summary Judgment as to Layn USA, Inc. by Defendants Hemprise, LLC, Layn USA, Inc. (Attachments: #1 Exhibit Tab A - Contract, #2 Exhibit Tab B - Assignment)(Crisham, John) |
Filing 43 NOTICE of Change of Address/Contact Information by John K. Crisham (Crisham, John) |
Filing 42 ORDER granting #41 Motion to Withdraw as Attorney. Attorney Josiah Edward Beamish is withdrawn. By Judge R. Brooke Jackson on 1/4/2021. Text Only Entry(rbjsec. ) |
Filing 41 MOTION to Withdraw as Attorney by Defendants Hemprise, LLC, Layn USA, Inc.. (Beamish, Josiah) |
Filing 40 ORDER granting #39 Stipulated MOTION for Extension of Time to Provide Responses to Defendants/Counter-Plaintiffs' First Set of Discovery Requests. By Judge R. Brooke Jackson on 12/21/2020. Text Only Entry(rbjsec. ) |
Filing 39 Stipulated MOTION for Extension of Time to Provide Responses to Defendants/Counter-Plaintiffs' First Set of Discovery Requests by Counter Defendants Colorado Hemp Solutions, LLC, Moose Agricultural, LLC, Plaintiffs Colorado Hemp Solutions, LLC, Moose Agricultural, LLC. (Wegener, Benjamin) |
Filing 38 ORDER SETTING TRIAL: Five day Jury Trial set to commence 3/7/2022 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 2/3/2022 at 1:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. by Judge R. Brooke Jackson on 10/13/20. (jdyne, ) |
Filing 37 Plaintiffs' ANSWER/REPLY to #32 Answer to Amended Complaint,, Counterclaim, and Jury Demand by Colorado Hemp Solutions, LLC, Moose Agricultural, LLC.(Wegener, Benjamin) |
Filing 36 SCHEDULING ORDER: Discovery due by 6/15/2021. Dispositive Motions due by 10/15/2021. by Judge R. Brooke Jackson on 9/28/20. (Attachments: #1 redlined version) (jdyne, ) |
Filing 35 Proposed Scheduling Order CORRECTED by Counter Claimants Hemprise, LLC, Layn USA, Inc., Defendants Hemprise, LLC, Layn USA, Inc.. (Crisham, John) |
Filing 34 Proposed Scheduling Order by Counter Claimants Hemprise, LLC, Layn USA, Inc., Defendants Hemprise, LLC, Layn USA, Inc.. (Crisham, John) |
Filing 33 NOTICE of Filing Amended Pleading re #32 Answer to Amended Complaint,, Counterclaim, by Counter Claimants Hemprise, LLC, Layn USA, Inc., Defendants Hemprise, LLC, Layn USA, Inc. (Attachments: #1 Exhibit A)(Crisham, John) |
Filing 32 Amended ANSWER to #7 Amended Complaint , COUNTERCLAIM against Colorado Hemp Solutions, LLC, Moose Agricultural, LLC by Hemprise, LLC, Layn USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Crisham, John) |
Filing 31 ANSWER/REPLY to #3 Answer to Complaint,, Counterclaim, by Moose Agricultural, LLC.(Wegener, Benjamin) |
Filing 30 MINUTE ORDER: In light of the reassignment of this case to this Court the Scheduling Conference set 9/29/2020 before Magistrate Judge Hegarty is vacated. Due to the COVID-19 pandemic, this 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 by 9/22/2020 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 9/14/2020. Text Only Entry (rbjsec. ) |
Filing 29 ORDER finding as moot #27 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. By Judge R. Brooke Jackson on 9/14/2020. Text Only Entry(rbjsec.) |
Filing 28 ORDER denying #4 Motion to Dismiss. Denied without prejudice. The motion was filed before the case was reassigned to this Court. Please see this Court's Practice Standards regarding motions to dismiss. The Court directs that the parties confer, either in person or by conference call, and not only to address the issues concerning motions to dismiss but also to explore whether any type of resolution is possible. If resolution appears unlikely, then after your conferral, submit your letters, and the Court will consider them. By Judge R. Brooke Jackson on 9/14/2020. Text Only Entry(rbjsec. ) |
Filing 27 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #4 MOTION to Dismiss Party by Plaintiff Moose Agricultural, LLC. (Wegener, Benjamin) |
Filing 26 STIPULATION for Extension of Time to provide Response to Defendants Counterclaims by Plaintiff Moose Agricultural, LLC. (Wegener, Benjamin) |
Filing 25 CASE REASSIGNED pursuant to #24 . All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 20-cv-02508-RBJ. (Text Only Entry) (cmadr, ) |
Filing 24 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 9 September 2020. Pursuant to the consent form filed by the parties declining consent under the D.C. Colo. LCivR 40.1(c) (ECF #23 ), the Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C. Colo. LCivR 72.1(c). (cmadr, ) |
Filing 23 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Moose Agricultural, LLC All parties do not consent.. (Wegener, Benjamin) |
Filing 22 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 28 August 2020. Before the Court is Defendants' Response to Order to Show Cause (ECF #19 ). In light of the information provided by Defendants and the Amended Notice of Removal (ECF #20 ), this Court's Order (ECF #17 ) is discharged. The parties shall complete and file the Magistrate Judge Consent Form (ECF #11 ) on or before September 9, 2020. Proposed Scheduling Order due 9/22/2020. Scheduling Conference set for 9/29/2020 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, ) |
Filing 21 SUPPLEMENT/AMENDMENT to #19 Response to Order to Show Cause, #17 Order to Show Cause, by Defendants Hemprise, LLC, Layn USA, Inc.. (Crisham, John) |
Filing 20 NOTICE re #1 Notice of Removal, (Amended) by Defendants Hemprise, LLC, Layn USA, Inc. (Crisham, John) |
Filing 19 RESPONSE TO ORDER TO SHOW CAUSE re #17 by Defendants Hemprise, LLC, Layn USA, Inc.. (Attachments: #1 TAB A, #2 TAB B, #3 TAB C, #4 TAB D, #5 TAB E, #6 TAB F)(Crisham, John) |
Filing 18 Administrative Notice: Duplicate document filing re #15 and #16 . No action required. (Text Only Entry) (cmadr, ) |
Filing 17 DISCHARGED ORDER TO SHOW CAUSE: returnable by Defendants why the Court should not remand this case (or recommend that it be remanded) for the Courts lack of subject matter jurisdiction. Show Cause Response due by 9/4/2020, by Magistrate Judge Michael E. Hegarty on 8/21/2020. (jgonz, ) Modified pursuant to #22 on 8/28/2020 (cmadr, ). |
Filing 16 NOTICE of Entry of Appearance by Josiah Edward Beamish on behalf of Hemprise, LLC, Layn USA, Inc.Attorney Josiah Edward Beamish added to party Hemprise, LLC(pty:dft), Attorney Josiah Edward Beamish added to party Layn USA, Inc.(pty:dft) (Beamish, Josiah) |
Filing 15 NOTICE of Change of Address/Contact Information by Josiah Edward Beamish (Beamish, Josiah) |
Filing 14 CERTIFICATE of Filing Docket Sheet re: #1 Notice of Removal, by Defendants Hemprise, LLC, Layn USA, Inc.. (Crisham, John) |
Filing 13 NOTICE of Entry of Appearance by Benjamin Michael Wegener on behalf of All Plaintiffs Attorney Benjamin Michael Wegener added to party Colorado Hemp Solutions, LLC(pty:pla), Attorney Benjamin Michael Wegener added to party Moose Agricultural, LLC(pty:pla) (Wegener, Benjamin) |
Filing 12 NOTICE of Entry of Appearance by John K. Crisham on behalf of Hemprise, LLC, Layn USA, Inc. (Crisham, John) |
Filing 11 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) |
Filing 10 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Magistrate Judge Michael E. Hegarty for all further proceedings. All future pleadings should be designated as 20-cv-2508-MEH (angar, ) |
Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, ) |
Filing 8 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (jtorr, ) |
Filing 7 First AMENDED COMPLAINT and Jury Demand against Hemprise, LLC, Layn USA, Inc., filed by Moose Agricultural, LLC, Colorado Hemp Solutions, LLC.(jtorr, ) |
Filing 6 COMPLAINT and Jury Demand against Hemprise, LLC, Layn USA, Inc., filed by Moose Agricultural, LLC, Colorado Hemp Solutions, LLC.(jtorr, ) |
Filing 5 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jtorr, ) |
Filing 4 MOTION to Dismiss Party by Defendant Layn USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Crisham, John) |
Filing 3 Defendant Hemprise LLC's ANSWER to Complaint, COUNTERCLAIM (S) against Colorado Hemp Solutions, LLC, Moose Agricultural, LLC by Hemprise, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Crisham, John) |
Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Guilin Layn Natural Ingredient Corp. for Hemprise, LLC, Layn USA, Inc.. (Crisham, John) |
Filing 1 NOTICE OF REMOVAL by Hemprise, LLC, Layn USA, Inc. from District Court, Mesa County, Colorado, Case Number 2020CV30195. (Filing fee $ 400, Receipt Number 1082-7447056), filed by Hemprise, LLC, Layn USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Crisham, John) |
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