Member Select Insurance Company v. Cub Cadet LLC et al
| Member Select Insurance Company |
| Cub Cadet LLC, Kohler, Co., Don Bales, Inc., MTD Consumer Group Inc., Farm & Fleet of Janesville Inc and Penninga Sales and Service Inc |
| 2:2016cv00436 |
| October 7, 2016 |
| U.S. District Court for the Northern District of Indiana |
| Hammond Office |
| XX US, Outside State |
| Paul R Cherry |
| Jon E DeGuilio |
| James T Moody |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on December 11, 2017. A more recent docket listing may be available from PACER.
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Filing 86
CLERK'S ENTRY OF JUDGMENT. (jss)
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Filing 85
OPINION AND ORDER: The #65 Motion for Summary Judgment is GRANTED. The Clerk is to ENTER FINAL JUDGMENT stating: Judgment is entered in favor of defendant Penninga Sales and Service, Inc., and against plaintiff Member Select Insurance Company, which shall take nothing by way of its complaint. Signed by Senior Judge James T Moody on 12/11/2017. (jss)
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Filing 84
CERTIFICATE OF SERVICE. (Brody, Stuart)
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Filing 83
Defendant Penninga Sales and Services, Inc.'s Second Amended Answer to First Amended Complaint and Affirmative Defenses ANSWER to #43 Amended Complaint by Penninga Sales and Service Inc.(Waggoner, Thomas)
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Filing 82
MINTUE ORDER granting #81 Dft Penninga Sales and Service, Inc.'s Second Motion for Leave to File Amended Answer, finding good cause shown for requesting amendment after the deadline, finding that justice requires that the amendment be allowed, and noting the lack of objection. Defendant Penninga Sales and Service Inc. is ordered to FILE the Second Amended Answer and Affirmative Defenses on or before 9/20/2017. Text entry order. By Magistrate Judge Paul R Cherry on 9/15/2017. (mr)
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Filing 81
Second MOTION to Amend/Correct Defendant Penninga Sales and Service, Inc.'s Second Motion for Leave to File Amended Answer Revising its Non-Party Affirmative Defenses by Defendant Penninga Sales and Service Inc. (Waggoner, Thomas)
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Filing 80
Defendant Penninga Sales and Service Inc.'s Amended Answer and Affirmative Defenses to #43 First Amended Complaint. (Waggoner, Thomas) Modified dkt text and link to Amd Cmplt created on 8/30/2017 (kjp).
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Filing 79
MINUTE ORDER GRANTING #75 Motion for Leave to File Amended Answer Revising its Non Party Affirmative Defenses filed by Penninga Sales and Service Inc, finding good cause shown for requesting amendment after the deadline, finding that justice requires that the amendment be allowed, and noting the lack of objection. Defendant Penninga Sales and Service Inc is ordered to FILE the Amended Answer and Affirmative Defenses on or before 8/31/2017. Text entry order by Magistrate Judge Paul R Cherry on 8/28/2017. (lns)
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Filing 78
Amended STIPULATION to Dismiss by Defendant Don Bales, Inc.. (Wetzstein, Tracey)
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Filing 77
MINUTE ORDER (text entry only): Rule 41(a) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss actions. According to the language of the stipulation to dismiss (DE # 76), defendant Don Bales, Inc. has stipulated to dismiss itself from the action. Given the wording of the stipulation, the court cannot enter a dismissal of the action. The stipulation is denied and the parties are granted leave to refile a stipulation to dismiss. Approved by Senior Judge James T Moody on 8/23/17. (efc)
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Filing 76
STIPULATION to Dismiss by Defendant Don Bales, Inc.. (Wetzstein, Tracey)
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CASE DISMISSED pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure as to Don Bales, Inc. only; case remains pending against Penninga Sales and Service Inc. (efc)
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Filing 75
MOTION to Amend/Correct Motion for Leave to File Amended Answer Revising its Non Party Affirmative Defenses by Defendant Penninga Sales and Service Inc. (Waggoner, Thomas)
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Filing 74
MINUTE ORDER DENYING WITHOUT PREJUDICE #73 Motion for Leave to File Nonparty Affirmative Defense by Defendant Don Bales Inc. Pursuant to N.D. Ind. L.R. 15-1, motions to amend a pleading must include the original signed proposed amendment as an attachment. Defendant Don Bales, Inc. may refile its motion with the proposed amended answer attached. Text entry order by Magistrate Judge Paul R Cherry on 8/9/2017. (lns)
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Filing 73
First MOTION for Leave to File Nonparty Affirmative Defense by Defendant Don Bales, Inc.. (Wetzstein, Tracey)
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Filing 72
Joint STIPULATION to Dismiss MTD Consumer Group, Inc., Kohler Company and Woodstock Farm & Fleet, Inc. by Plaintiff Member Select Insurance Company. (Brody, Stuart)
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CASE DISMISSED pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure as to MTD Consumer Group Inc., Kohler, Co., and Woodstock Farm Fleet, improperly named Farm & Fleet of Janesville Inc., only. (efc)
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Filing 71
BRIEF Reply Brief in Support of Defendant's Penninga Sales and Service, Inc's Motion for Summary Judgment. (Waggoner, Thomas)
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Filing 70
RESPONSE to Motion re #65 MOTION for Summary Judgment filed by Member Select Insurance Company. (Brody, Stuart)
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Filing 69
ORDER striking #19 Motion to Remand; denying as moot #21 Motion to Remand. Signed by Senior Judge James T Moody on 5/10/17. (ksp)
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Filing 68
ORDER REASSIGNING CASE. Case reassigned to Senior Judge James T Moody for all further proceedings. Judge Jon E DeGuilio no longer assigned to case. Magistrate Consent forms due by 5/22/2017. Signed by Chief Judge Theresa L Springmann on 5/1/2017. (rmc)
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Filing 67
Corporate Disclosure Statement by Farm & Fleet of Janesville Inc. (Gilbert, Heather)
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Filing 66
BRIEF in Support of #65 MOTION for Summary Judgment filed by Penninga Sales and Service Inc. (Waggoner, Thomas)
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Filing 65
MOTION for Summary Judgment by Defendant Penninga Sales and Service Inc. (Waggoner, Thomas)
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Filing 64
ORDER striking 63 Disclosure filed by Penninga Sales and Service Inc. Pursuant to N.D. Ind. L.R. 26-2 and subject to exceptions that do not apply here, disclosures under Fed. R. Civ. P. 26(a) should not be filed. Text entry order. By Magistrate Judge Paul R Cherry on 4/14/2017. (smb)
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Filing 62
ANSWER to #43 Amended Complaint by Farm & Fleet of Janesville Inc.(Gilbert, Heather)
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Filing 61
NOTICE of Appearance by Heather T Gilbert on behalf of Farm & Fleet of Janesville Inc (Gilbert, Heather)
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Filing 60
NOTICE of Appearance by Stuart M Brody on behalf of All Plaintiffs (Brody, Stuart)
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Filing 59
DEMAND for Trial by Jury by Penninga Sales and Service Inc. (Waggoner, Thomas)
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Filing 58
ANSWER to #43 Amended Complaint and Affirmative Defenses by Penninga Sales and Service Inc. (Attachments: #1 Exhibit A)(Waggoner, Thomas)
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Filing 57
Corporate Disclosure Statement by Penninga Sales and Service Inc. (Waggoner, Thomas)
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Filing 56
NOTICE of Appearance by Thomas F Waggoner on behalf of Penninga Sales and Service Inc (Waggoner, Thomas)
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Filing 55
NOTICE of Appearance by Heather T Gilbert on behalf of Farm & Fleet of Janesville Inc (Gilbert, Heather)
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Filing 54
NOTICE of Appearance by Peter A Holdsworth on behalf of MTD Consumer Group Inc. (Holdsworth, Peter)
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Filing 53
NOTICE of Appearance by Brandon J Kroft on behalf of MTD Consumer Group Inc. (Kroft, Brandon)
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Filing 52
ANSWER to #43 Amended Complaint by MTD Consumer Group Inc..(Gilbert, Heather)
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Filing 51
NOTICE of Appearance by Heather T Gilbert on behalf of MTD Consumer Group Inc. (Gilbert, Heather)
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Filing 50
FILING ERROR - ATTORNEY RE-FILED DOCUMENT (SEE DE#51 ). NOTICE of Appearance by Heather T Gilbert on behalf of MTD Consumer Group Inc. (Gilbert, Heather) Modified on 3/14/2017 (mtr).
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Filing 49
ANSWER to #43 Amended Complaint by Kohler, Co..(Haller, Meaghan)
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Filing 48
Defendant Don Bales, Inc.'s ANSWER to #43 Amended Complaint by Don Bales, Inc..(Wetzstein, Tracey)
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Filing 47
Summons Issued as to Farm & Fleet of Janesville Inc, Penninga Sales and Service Inc. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jss)
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Filing 46
Proposed Summons filed by Member Select Insurance Company. (Nettles, Nelson)
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Filing 45
Proposed Summons filed by Member Select Insurance Company. (Nettles, Nelson)
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Filing 44
Proposed summons or Waivers of Service not attached to Amended Complaint for newly named defendants MTD Consumer Group Inc., Farm & Fleet of Janesville Inc, Penninga Sales and Service Inc,. (jld)
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Filing 43
AMENDED COMPLAINT against All Defendants, filed by Member Select Insurance Company.(Nettles, Nelson)
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Filing 42
OPINION AND ORDER: For the reasons stated in this Opinion and Order, the Court hereby GRANTS in part and DENIES in part the #20 Motion for Leave to File First Amended Complaint at Law. The motion is DENIED as to all proposed claims brought by Michael Boomsma and Judy Boomsma. The motion is GRANTED as to all other proposed amendments. The Court ORDERS Plaintiff Member Select Insurance Company (AAA) to FILE the First Amended Complaint, with the changes made to remove all claims brought by the Boomsmas and all references to them as plaintiffs in accordance with this Opinion and Order, on or before 2/24/2017. Signed by Magistrate Judge Paul R Cherry on 2/13/2017. (jss)
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Filing 41
NOTICE of Appearance by Peter A Holdsworth on behalf of Cub Cadet LLC (Holdsworth, Peter)
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Filing 40
REPLY to Response to Motion re #20 MOTION for Leave to File First Amended Complaint Reply in Support filed by Member Select Insurance Company. (Nettles, Nelson). Modified text on 12/13/2016 to indicate filing is a Reply and not a Response. (cer)
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Filing 39
REPLY to Response to Motion re #21 MOTION to Remand Corrected Reply in Support filed by Member Select Insurance Company. (Nettles, Nelson). Modified text on 12/13/2016 to indicate filing is a Reply and not a Response. (cer).
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Filing 38
MINUTE ORDER finding moot #37 Motion for Extension of Time. Under the previous version of Fed. R. Civ. P. 6(d), which is the controlling version for the deadline at issue, Plaintiffs received an additional three days to file replies to the motions indicated. Consequently, the deadline sought to be extended is currently set for 12/5/2016, which is after the requested deadline. Going forward, however, the version of Fed. R. Civ. P. 6(d) now in effect does not provide for an additional three days after electronic service.Text entry order. By Magistrate Judge Paul R Cherry on 12/1/2016. (smb)
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Filing 37
First MOTION for Extension of Time to File Response/Reply as to #20 MOTION for Leave to File First Amended Complaint, #21 MOTION to Remand Corrected Unopposed by Plaintiff Member Select Insurance Company. (Nettles, Nelson)
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Filing 36
NOTICE OF JOINDER by Kohler, Co. regarding #26 Response to Motion for Leave to File First Amended Complaint (Haller, Meaghan)
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Filing 35
NOTICE OF JOINDER by Kohler, Co. regarding #27 Response to Motion to Remand (Haller, Meaghan)
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Filing 34
MINUTE ORDER re 9 Order VACATING Telephonic R16B Conference on 12/1/2016 @10:00 AM Central before Magistrate Judge Paul R Cherry pending ruling on motions. Text entry order. By Magistrate Judge Paul R Cherry on 11/30/2016. (smb)
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Filing 33
MINUTE ORDER striking 29 Motion for Protective Order. Parties should file a motion for a protective order with the proposed stipulated protective order filed as an attachment and a copy emailed in.rtf or.doc format to Cherry_Chambers@innd.uscourts.gov. Text entry order. By Magistrate Judge Paul R Cherry on 11/28/2016. (smb)
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Filing 32
NOTICE OF JOINDER by Don Bales, Inc. regarding #27 Response to Motion to Remand (Wetzstein, Tracey)
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Filing 31
NOTICE OF JOINDER by Don Bales, Inc. regarding #26 Response to Motion for Leave to File First Amended Complaint (Wetzstein, Tracey)
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Filing 30
REPORT of Rule 26(f) Planning Meeting. (Gilbert, Heather)
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Filing 28
SUPPLEMENT to #26 Response to Motion for Leave to File Amended Complaint filed by Cub Cadet LLC. (Gilbert, Heather)
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Filing 27
RESPONSE to Motion re #21 MOTION to Remand Corrected filed by Cub Cadet LLC. (Gilbert, Heather)
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Filing 26
RESPONSE to Motion re #20 MOTION for Leave to File First Amended Complaint filed by Cub Cadet LLC. (Gilbert, Heather)
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Filing 25
NOTICE OF CERTIFICATE OF SERVICE as to #21 MOTION to Remand Corrected by Plaintiff Member Select Insurance Company. (Nettles, Nelson) Modified on 11/16/2016 to correct title of document and term motion as it was filed using motion event (smb).
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Filing 24
NOTICE OF CERTIFICATE OF SERVICE as to #20 MOTION for Leave to File First Amended Complaint by Plaintiff Member Select Insurance Company. (Nettles, Nelson) Modified on 11/16/2016 to correct title of document and term motion as it was filed using motion event (smb).
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Filing 23
NOTICE OF CERTIFICATE OF SERVICE as to #19 MOTION to Remand by Plaintiff Member Select Insurance Company. (Nettles, Nelson) Modified on 11/16/2016 to correct title of document and term as motion. (smb).
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Filing 22
MINUTE ORDER re #20 MOTION for Leave to File First Amended Complaint filed by Member Select Insurance Company, #21 MOTION to Remand Corrected filed by Member Select Insurance Company, #19 MOTION to Remand filed by Member Select Insurance Company. Plaintiff is ORDERED to file a separate certificate as to each #19 #20 and #21 . The Court WARNS Plaintiff that any future failure to include a certificate of service as required by Fed. R. Civ. P. 5 will likely result in the deficient document being stricken. Text entry order. By Magistrate Judge Paul R Cherry on 11/14/2016. (smb)
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Filing 21
MOTION to Remand Corrected by Plaintiff Member Select Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nettles, Nelson)
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Filing 20
MOTION for Leave to File First Amended Complaint by Plaintiff Member Select Insurance Company. (Attachments: #1 Proposed amended complaint)(Nettles, Nelson)
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Filing 19
*** STRICKEN PER DE #69 *** MOTION to Remand by Plaintiff Member Select Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nettles, Nelson) Modified on 5/10/2017 to add text (ksp).
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Filing 18
NOTICE of Appearance by Phil L Isenbarger on behalf of Kohler, Co. (Isenbarger, Phil)
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Filing 17
Corporate Disclosure Statement by Kohler, Co. identifying Corporate Parent Kohler, Co. for Kohler, Co... (Haller, Meaghan)
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Filing 16
ANSWER to Complaint by Kohler, Co..(Haller, Meaghan)
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Filing 15
NOTICE of Appearance by Meaghan Klem Haller on behalf of Kohler, Co. (Haller, Meaghan)
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Filing 14
Corporate Disclosure Statement by Don Bales, Inc.. (Wetzstein, Tracey)
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Filing 13
Defendant's ANSWER to Complaint by Don Bales, Inc..(Wetzstein, Tracey)
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Filing 12
STATE COURT RECORD RECEIVED. State Court Case No. 45D02-1608-CT-00091. This record is maintained on paper in the court's files and is not available in electronic format. (nal)
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Filing 11
Corporate Disclosure Statement by Cub Cadet LLC identifying Corporate Parent MTD Consumer Group Inc. for Cub Cadet LLC.. (Gilbert, Heather)
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Filing 10
MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). Magistrate Consent forms due by 11/8/2016. (smb)
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Filing 9
ORDER & NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 12/1/2016 10:00 AM Central before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Proposed joint discovery plan in accordance with FRCP 26(f) due by 11/25/2016. Signed by Magistrate Judge Paul R Cherry on 10/18/2016. (smb)
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Filing 8
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Paul R Cherry on 10/18/2016. (smb)
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Filing 7
NOTICE of Appearance by Brandon J Kroft on behalf of Cub Cadet LLC (Kroft, Brandon)
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Filing 6
ANSWER to Complaint by Cub Cadet LLC.(Gilbert, Heather)
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Filing 5
NOTICE of Appearance by Thomas S Ehrhardt on behalf of Don Bales, Inc. (Ehrhardt, Thomas)
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Filing 4
NOTICE of Appearance by Tracey S Wetzstein on behalf of Don Bales, Inc. (Wetzstein, Tracey)
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Filing 2
NOTICE of Appearance by Heather T Gilbert on behalf of Cub Cadet LLC (Gilbert, Heather)
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Filing 1
NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-3066319.), filed by Cub Cadet LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Gilbert, Heather)
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Judge Jon E DeGuilio and Magistrate Judge Paul R Cherry added. NEW CASE (tc)
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Filing 3
STATE COURT COMPLAINT AT LAW against Cub Cadet LLC, Don Bales, Inc., Kohler, Co., filed by Member Select Insurance Company. (tc)
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