Dickinson Frozen Foods, Inc. v Food Process Solutions Corporation
| Dickinson Frozen Foods, Inc. |
| Food Process Solutions Corporation |
| 1:2017cv00519 |
| December 21, 2017 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| Candy W. Dale |
| Other Contract |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
157
OPINION AND ORDER RESPECTING SUMMARY JUDGMENT MOTIONS. GRANTS IN PART and DENIES IN PART FPSs motion for summary judgment (ECF 137 )as to Dickinsons complaint, the motion is GRANTED; as to FPSs counterclaim, the motion is DENIED; and GRANTS Dickinsons motion for summary judgment (ECF 138 ) asto Counts One and Three of FPSs counterclaim. Signed by Judge M Miller Baker. (alw)
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Filing
152
ORDER RESPECTING MOTIONS TO STRIKE AND SUMMARY JUDGMENT FILINGS. Both parties reply briefs in support of their motions for summaryjudgment (ECF 146 and ECF 147 ) are STRICKEN due to the inclusion of newevidence, and the parties have 14 days from t he date of this order to re-filecorrected reply briefs omitting new evidence and any arguments based on suchevidence. Two of the documents Dickinson characterizes as Rule 56(c)(2) appendices (ECF 143 -5 and ECF 146 -1) are STRICKEN because they are not inconformity with Rule 56(c)(2). The court grants Dickinson 14 days to file corrected Rule 56(c)(2) objections limited to arguing why evidence in FPSs summary judgment motion and FPSs response to Dickinsons summary judgmentmotion is inadmissible . The parties shall not file any further motions to strike or any other document not expressly authorized by the local rules or the Federal Rules of Civil Procedure without first seeking, and obtaining, leave of court. Signed by Judge M Miller Baker. (alw)
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Filing
128
OPINION AND ORDER DENYING MOTIONS TO AMEND. The court DENIES Dickinsons motionfor leave to amend its complaint and its motion to supplement that motion forleave. Signed by Judge M Miller Baker. (alw)
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Filing
123
MEMORANDUM DECISION AND ORDER. FPSs Motion for Attorney Fees and Costs (Dkt. 97 ) is GRANTED in PART and DENIED in PART. FPS is awarded a total of $29,126.05 in fees and $2,152.18 in costs. Dickinsons Motion to Take Trial Preservation Depositions of Colmac Coil Employees (Dkt. 100 ) is GRANTED; FPSs Motion to Strike or Disregard Reply Brief Arguments (Dkt. 108 ) is MOOT and is therefore DENIED. Signed by Judge David C. Nye. ((alw)
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Filing
93
MEMORANDUM DECISION AND ORDER - FPSs Third Motion for a Protective Order (Dkt. 73 ) is GRANTED IN PART and DENIED IN PART. The Third Motion for a Protective Order is GRANTED pursuant to Rule 32(5)(A) to the extent FPS seeks exclusion of the late-not iced depositions of Nelson, Pope, and Fazzari. Pursuant to Rule37(a)(5)(A), FPS may also pursue fees associated with obtaining the aforementioned relief. See, supra, Section III.B.3. The Third Motion for aProtective Order is DENIED in all other respe cts; Dickinsons Motion for Leave to Take Additional Deposition Beyond the Presumptive Limit of Rule 30(a)(2) is MOOT and therefore DENIED; Dickinsons Motion for Reconsideration (Dkt. 81 ) is DENIED; The parties shall confer and submit proposed dat es for the remaining deadlines in this case, including for discovery and dispositive motions, within two weeks of the date of this Order. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing
77
ORDER GRANTING JOINT MOTION AND STIPULATION TO EXTEND, re 76 Stipulation, filed by Dickinson Frozen Foods, Inc. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing
69
MEMORANDUM DECISION AND ORDER FPS's Motion for Sanctions (Dkt. 39 ) is GRANTED. The Court will instruct the jury as outlined. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing
29
MEMORANDUM DECISION AND ORDER - The Court HEREBY ORDERS: 1. Defendant/Counterclaimant FPSs Motion for Protective Order (Dkt. 22 ) isGRANTED. The parties shall submit a signed protective order conforming with the Courts decision within 7 days of the date of this order which shall govern thecase moving forward. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
25
MEMORANDUM DECISION AND ORDER. The Court HEREBY ORDERS: Plaintiff/Counterdefendant Dickinson's Motion to Dismiss Count Four (Dkt. 17 ) is GRANTED. Defendant/Counterclaimant FPS is GRANTED LEAVE to file a second amended counterclaim to cure defi ciencies identified in this decision. FPS's second amended counterclaim shall be due within 30 days of this decision. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
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| Plaintiff: Dickinson Frozen Foods, Inc. | |
| Represented By: | Dane Andrew Bolinger |
| Represented By: | John F. Kurtz |
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| Defendant: Food Process Solutions Corporation | |
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