AGROLIPETSK, LLC v. MYCOGEN SEEDS et al
| AGROLIPETSK, LLC |
| AGRIGENETICS, INC., DOW AGROSCIENCES LLC and MYCOGEN SEEDS |
| 1:2016cv03414 |
| December 19, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Matthew P. Brookman |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
53
ORDER - granting 47 Appeal of Magistrate Judge Decision to District Court; Agrolipetsk's objections to Judge Brookman's ruling are OVERRULED as to Counts III, IV, and V, excepting the "quiet recall" theory of Counts III and IV .Agrolipetsk's objections to Judge Brookman's ruling are SUSTAINED as to Counts I, II, and the "quiet recall" theory of Counts III and IV.Leave is hereby GRANTED to Agrolipetsk to file its Proposed Complaint as to Counts I, II, an d the "quiet recall" theory of Counts III and IV.Defendants will not be heard to relitigate issues raised, fully briefed, and decided in this order (but only those issues) on a future Rule 12(b)(6) or 12(c) motion directed to the Proposed Complaint. They may seek reconsideration of our rulings here, if they wish, in the ordinary course. Signed by Judge Sarah Evans Barker on 9/25/2018. (CKM)
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