Kresse v. Cabela's Wholesale, Inc.
| Donald Kresse |
| Cabela's Wholesale, Inc. |
| FacilitySource, LLC |
| 2:2018cv00013 |
| January 8, 2018 |
| US District Court for the District of Idaho |
| CDA - Northern Office |
| Kootenai - Northern |
| B Lynn Winmill |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 48 JUDGMENT - All claims and causes of action that were asserted or might have been asserted concerning those causes of action pleaded in this case are dismissed with prejudice. The parties shall bear their own attorney fees and costs. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) |
Filing 47
ORDER OF DISMISSAL WITH PREJUDICE - IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that the Joint Stipulation for Dismissal with Prejudice of the claims asserted by Plaintiff against Defendant Cabelas Wholesale, Inc. is APPROVED. Signed by Judge B. Lynn Winmill. (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 46 STIPULATION of Dismissal by Cabela's Wholesale, Inc.. (Simmons, Jon) |
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Filing 45
ORDER OF DISMISSAL - IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that the Stipulation for Dismissal with Prejudice of the claims asserted against third-party defendant FacilitySource, LLC is APPROVED. Accordingly, all claims and causes of action that were or might have been asserted in this case against third-party defendant FacilitySource, LLC are dismissed with prejudice, with each party to bear its own costs and attorney fees. Signed by Judge B. Lynn Winmill. (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 44 DOCKET ENTRY NOTICE OF VACATED HEARING: Due to the pending settlement in this case, the Pretrial Conference and the Jury Trial are VACATED. (jlb) |
| Filing 42 STIPULATION of Dismissal with Prejudice of Facilitysource, LLC by FacilitySource, LLC. (Anderson, Tyler) |
| Filing 41 NOTICE of Substitution - Attorney Scott Russell Rowley for Cabela's Wholesale, Inc.,Scott Russell Rowley for Cabela's Wholesale, Inc. added. Attorney Christy Ann Kaes terminated. (Rowley, Scott) |
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Filing 40
ORDER, ( 5 day Jury Trial set for 12/2/2019 01:30 PM in Coeur d Alene - District Courtroom before Judge B. Lynn Winmill. Telephonic Pretrial Conference set for 11/18/2019 10:00 AM in Telephonic Hearing - Boise Chambers before Judge B. Lynn Winmill. Settlement/Mediation Deadline 10/21/2019.) Signed by Judge B. Lynn Winmill. (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 39 DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 6/20/2019 at 11:00 AM (Mountain Time) before Judge B. Lynn Winmill, for the purpose of setting a trial date. Plaintiff is directed to initiate the conference call. The Court can be reached at 208-334-9145. (jlb) |
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Filing 38
MEMORANDUM DECISION AND ORDER - IT IS ORDERED that Plaintiffs Motion to Amend Complaint (Dkt. #31 ) is DENIED. Signed by Judge B. Lynn Winmill. (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 37 DOCKET ENTRY NOTICE OF VACATED HEARING: The Telephonic Status Conference set for April 25, 2019 is VACATED. (jlb) |
| Filing 36 DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 4/25/2019 at 11:00 AM (Mountain Time) before Judge B. Lynn Winmill, for the purpose of setting a trial date. Plaintiff is directed to initiate the conference call. The Court can be reached at 208-334-9145. (jlb) |
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Filing 35
MEMORANDUM DECISION AND ORDER It is ORDERED that:1. FacilitySource's Motion for Summary Judgment (Dkt. #21 ) is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART. 2. Cabela's Motion for Summary Judgment (Dkt. #22 ) is DENIED. Signed by Judge B. Lynn Winmill. (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 34 REPLY to Response to Motion re #31 MOTION for Leave to File Amended Complaint filed by Donald Kresse.Motion Ripe Deadline set for 3/12/2019.(McNeice, Ryan) |
| Filing 33 NOTICE by Cabela's Wholesale, Inc. re #31 MOTION for Leave to File Amended Complaint Non-Opposition (Simmons, Jon) |
| Filing 32 Response to Motion re #31 MOTION for Leave to File Amended Complaint filed by FacilitySource, LLC.(Anderson, Tyler) Modified on 2/25/2019 to correct docket text (km). Office of Tyler Anderson notified Clerk's office that wrong event was used. Clerk will correct motion deadlines. |
| Set/Reset Deadlines as to #31 MOTION for Leave to File Amended Complaint. Replies due by 3/11/2019. (km) |
| Filing 31 MOTION for Leave to File Amended Complaint Ryan R. McNeice appearing for Plaintiff Donald Kresse. Responses due by 2/25/2019 (Attachments: #1 Exhibit A to Motion, #2 Memorandum in Support, #3 Declaration of Counsel in Support of Motion, #4 Exhibit A to Declaration of Counsel)(McNeice, Ryan) Modified on 2/5/2019 to edit text (cjs). |
| Filing 30 Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 1/23/2019 re #21 MOTION for Summary Judgment filed by FacilitySource, LLC, #22 MOTION for Summary Judgment filed by Cabela's Wholesale, Inc.. (Court Reporter/ESR Tammy Hohenleitner.) (lp) |
| Filing 29 REPLY to Response to Motion re #22 MOTION for Summary Judgment filed by Cabela's Wholesale, Inc..Motion Ripe Deadline set for 1/7/2019.(Simmons, Jon) |
| Filing 28 REPLY to Response to Motion re #21 MOTION for Summary Judgment filed by FacilitySource, LLC.Motion Ripe Deadline set for 1/7/2019.(Anderson, Tyler) |
| Filing 27 REPLY to Response to Motion re #21 MOTION for Summary Judgment filed by FacilitySource, LLC.Motion Ripe Deadline set for 1/7/2019.(Anderson, Tyler) |
| Filing 26 RESPONSE to Motion re #22 MOTION for Summary Judgment filed by Donald Kresse. Replies due by 1/4/2019. (Attachments: #1 Plaintiff's Statement of Facts, #2 Affidavit Declaration of Ryan McNeice, #3 Exhibit Exhibit A to Declaration of Ryan McNeice, #4 Exhibit Exhibit B to Declaration of Ryan McNeice, #5 Exhibit Exhibit C to Declaration of Ryan McNeice, #6 Exhibit Exhibit D to Declaration of Ryan McNeice, #7 Affidavit Declaration of Dr. Byron Humble, #8 Affidavit Declaration of Donald Kresse)(McNeice, Ryan) |
| Filing 25 MEMORANDUM in Opposition re #21 MOTION for Summary Judgment filed by Cabela's Wholesale, Inc.. Replies due by 1/4/2019. (Attachments: #1 Cabela's Statement of Disputed Material Facts, #2 Decl of Jeremiah Jess in Opposition to FacilitySource's MSJ, #3 Decl of Counsel in Opposition to FacilitySource's MSJ)(Simmons, Jon) |
| Filing 24 DOCKET ENTRY NOTICE OF HEARING regarding #21 MOTION for Summary Judgment and #22 MOTION for Summary Judgment: A Motion Hearing is set for 1/23/2019 at 1:30 PM in Coeur d Alene - District Courtroom before Judge B. Lynn Winmill. (jlb) |
| Filing 23 JOINDER by ThirdParty Defendant FacilitySource, LLC joining #22 MOTION for Summary Judgment . (Anderson, Tyler) |
| Filing 22 MOTION for Summary Judgment Jon T Simmons appearing for ThirdParty Plaintiff Cabela's Wholesale, Inc., Defendant Cabela's Wholesale, Inc.. Responses due by 12/21/2018 (Attachments: #1 Statement of Material Facts, #2 Memorandum, #3 Declaration of Counsel)(Simmons, Jon) |
| Filing 21 MOTION for Summary Judgment Tyler J Anderson appearing for ThirdParty Defendant FacilitySource, LLC. Responses due by 12/21/2018 (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration of Tyler Anderson, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Anderson, Tyler) |
| Filing 20 SUBPOENA RETURNED EXECUTED as to Jesse Sonneland served on 10/18/2018. (Simmons, Jon) |
| Filing 19 AFFIDAVIT of Service for Subpoena Duces Tecum served on J&T's Lawn Care, Inc., c/o Jesse Sonneland on 9/6/2018, filed by FacilitySource, LLC. (Anderson, Tyler) |
| CORRECTIVE ENTRY - The entry docket number #19 Affidavit of Service filed by FacilitySource, LLC was filed incorrectly in this case as the wrong event was used. In future the correct event is "Subpoena Returned Executed" located under Other Documents.No action is needed by the filing party at this time.(cjs) |
| Filing 18 ANSWER to #16 Third Party Complaint by FacilitySource, LLC.(Anderson, Tyler) |
| Filing 17 Summons Issued as to FacilitySource, LLC. (Print attached Summons for service.) (cjs) |
| Filing 16 THIRD PARTY COMPLAINT against FacilitySource, LLC, filed by Cabela's Wholesale, Inc.. (Attachments: #1 Summons)(Simmons, Jon) |
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Filing 15
DOCKET ENTRY ORDER granting #11 Motion for Leave to File Third Party Complaint. Good cause appearing, Defendant Cabela's Wholesale, Inc.'s unopposed motion for leave to file a third party complaint is GRANTED. Signed by Judge B. Lynn Winmill. (mls)
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| Filing 14 CERTIFICATE OF SERVICE by Donald Kresse re #13 Response to Motion for Leave to File Third Party Complaint (McNeice, Ryan) |
| CORRECTIVE ENTRY - The entry docket number #13 Response to Motion filed by Donald Kresse was filed incorrectly in this case as it pertains to the Certificate of Service only as it is missing. The filing party shall refer to ECF Procedure 8 and re-submit their correct certificate of service using Certificate of Service located under Service of Process and link to the docket entry.(cjs) |
| Filing 13 RESPONSE to Motion re #11 MOTION for Leave to File to File Third Party Complaint filed by Donald Kresse. Replies due by 6/1/2018.(McNeice, Ryan) |
| CORRECTIVE ENTRY - The entry docket number #11 MOTION for Leave to File to File Third Party Complaint filed by Cabela's Wholesale, Inc. was filed incorrectly in this case in regard to the proposed Third Party Complaint. In future the proposed complaint should be an attachment to the motion and not combined with the main document.No action is needed by the filing party at this time.(cjs) |
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Filing 12
CASE MANAGEMENT ORDER. ADR must be held by October 15, 2018. (Amended Pleadings due by 5/15/2018. Discovery due by 10/31/2018. Joinder of Parties due by 5/15/2018. Dispositive Motions due by 11/30/2018.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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| Filing 11 MOTION for Leave to File to File Third Party Complaint Jon T Simmons appearing for Defendant Cabela's Wholesale, Inc.. Responses due by 5/17/2018 (Attachments: #1 Memorandum in Support, #2 Declaration of Counsel in Support)(Simmons, Jon) |
| Filing 10 DOCKET ENTRY NOTICE OF HEARING: The Telephonic Scheduling Conference is reset for 4/5/2018 at 11:30 AM (Mountain time) before Judge B. Lynn Winmill. Plaintiff is directed to initiate the conference call. The Court can be reached at 208-334-9145. (jlb) |
| The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability will be sent out. Consent deadline(s) termed. (cjs) |
| Filing 9 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Cabela's Wholesale, Inc.. (Simmons, Jon) |
| Filing 8 DISCOVERY PLAN by Cabela's Wholesale, Inc. JOINT. (Simmons, Jon) |
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Filing 7
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE. IT IS HEREBY ORDERED AS FOLLOWS: Plaintiff must serve this Order on all parties who have not entered an appearance via PACER to date. Within thirty days of the filing of the Complaint, the Plaintiff(s) must file with the Court a status report regarding service of the summons and complaint pursuant to Dist. Idaho L. Rule 4.1. Unless Plaintiff contacts the Courtroom Deputy, Jamie Bracke, and requests a different date and time, the Court will conduct a telephonic scheduling conference on March 6, 2018, at 10:00 a.m. mountain time, for purpose of confirming the deadlines proposed by the parties in the joint Litigation Plan. Plaintiff must initiate the conference call and must have all appropriate parties on the line. On or before February 27, 2018, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge B. Lynn Winmill. (km)
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| Filing 6 Docket entry only - CONSENT to Magistrate Judge filed. (cjs) |
| Filing 5 CERTIFICATE OF SERVICE by Cabela's Wholesale, Inc. re Corrective Entry - Notice of Removal, #4 Answer to Complaint, #2 Notice of Availability Setting Deadline, #3 Corporate Disclosure Statement, #1 Notice of Removal,, (Simmons, Jon) |
| Filing 4 Defendant's ANSWER to Complaint and Demand for Jury Trial by Cabela's Wholesale, Inc..(Simmons, Jon) |
| Filing 3 Corporate Disclosure Statement by Cabela's Wholesale, Inc. identifying Corporate Parent Cabela's Incorporated for Cabela's Wholesale, Inc... (Simmons, Jon) |
| Filing 2 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Cabela's Wholesale, Inc., Donald Kresse re #1 Notice of Removal,, Consent/Objection to Magistrate due by 3/12/2018. (cjs) |
| RETURN OF SERVICE/PROCESS ASSUMED EXECUTED - Cabela's Wholesale, Inc. served on 1/8/2018. (no service document on file, service assumed for internal reporting purpose only) (cjs) |
| NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (cjs) |
| CORRECTIVE ENTRY - The entry docket number #1 Notice of Removal filed by Cabela's Wholesale, Inc. was filed incorrectly in this case. All state court documents shall be individual attachments to the Notice of Removal.No action is needed by the filing party at this time as the Clerk's Office will correctly re-file the state court documents.(cjs) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Kootenai County District Court, case number CV17-9308.(Filing fee $400 receipt number0976-1682166.), filed by All Defendants. (Attachments: #1 Cover Sheet)(Simmons, Jon) (Main Document 1 replaced on 1/9/2018) (cjs). (Additional attachment(s) added on 1/9/2018: #2 State Court Complaint, #3 State Court Service Documents, #4 State Court Service Documents, #5 State of Idaho Certificate of Authority & Officers and Directors Contact List, #6 Exhibit Settlement Correspondence - Offer of Settlement, #7 Register of Actions (ROA)) (cjs). |
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