VeroBlue Farms USA Inc v. Gagne
| VeroBlue Farms USA, Inc |
| Christine Gagne |
| 3:2021cv03004 |
| January 21, 2021 |
| US District Court for the Northern District of Iowa |
| Central Division Office |
| Mark A Roberts |
| Leonard T Strand |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 365
TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for 5/16/2022 09:00 AM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Pretrial Conference set for 5/16/2022 08:30 AM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Telephonic Final Pretrial Conference set for 5/4/2022 03:00 PM before Chief Judge Leonard T Strand. Proposed Pretrial Order due by 4/29/2022. Signed by Chief Judge Leonard T Strand on 3/12/2021. (jag)
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Filing 364
ORDER granting #361 UNRESISTED Motion for Extension of Time to File Responsive Pleading filed by Christine Gagne. Defendant has up to and including March 26, 2021, to file an answer to the complaint or a responsive pleading. Signed by Magistrate Judge Mark A Roberts on 3/5/2021. (skm)
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Filing 363
SCHEDULING Order and Discovery Plan: Initial Disclosures due date of 4/5/2021 but not filed with the court. Add Parties Deadline due by 5/10/2021. Amended Pleadings due by 5/10/2021. Plaintiffs Expert Witness due by 6/10/2021. Defendants Expert Witnesses due by 8/10/2021. Plaintiffs Rebuttal Experts due by 9/10/2021. Discovery due by 11/22/2021. Motions due by 12/15/2021. Trial Ready Deadline 5/16/2022. Signed by Magistrate Judge Mark A Roberts on 3/5/2021. (mmc)
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| Filing 362 MINUTE Entry for proceedings held before Magistrate Judge Mark A Roberts: Telephonic Rule 16(b) and 26(f) Scheduling Conference held on 3/4/2021. Official Court Record: FTR Gold (mmc) |
| Filing 361 UNRESISTED Motion for Extension of Time to File Responsive Pleading by Defendant Christine Gagne (Lillwitz, Timothy) |
| Filing 360 NOTICE of Appearance by Timothy N Lillwitz on behalf of Christine Gagne. (Lillwitz, Timothy) |
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Filing 359
ORDER Setting Hearing. Telephonic Rule 16(b) and 26(f) Scheduling Conference set for 3/4/2021 10:00 AM before Magistrate Judge Mark A Roberts (See order text for instructions to participate). Signed by Magistrate Judge Mark A Roberts on 2/22/2021. (eAtty Drez, eAtty Heringer, eAtty Nadler) (des)
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| Filing 358 PROPOSED Scheduling Order and Discovery Plan by Plaintiff VeroBlue Farms USA, Inc (Pritikin, Caroline) |
| Filing 357 NOTICE of Appearance by Caroline Pritikin on behalf of VeroBlue Farms USA, Inc. (Pritikin, Caroline) |
| Filing 356 NOTICE of Appearance by Robert H Lang on behalf of VeroBlue Farms USA, Inc. (Lang, Robert) |
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Filing 355
ORDER: Scheduling Report due by 2/17/2021. Signed by Magistrate Judge Mark A Roberts on 1/25/2021. (eAttys Decker, Drez, Heringer, Morales-Doyle, Nadler, Williams and Wynton) (des)
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| Filing 354 NOTICE to Attorneys Adam Casey Decker, Jasmine Selis Wynton, Nicole Leigh Williams, Patrick Morales-Doyle, David J Drez III, Daniella Grace Heringer, and Noah Nadler Not Admitted to Practice in the Northern District of Iowa (eAttys Decker, Wynton, Williams, Morales-Doyle, Drez, Heringer, Nadler) (sgw) (Additional attachment(s) added on 2/8/2021: #1 Receipt Confirmations) (des). |
| Chief Judge Leonard T Strand and Magistrate Judge Mark A Roberts added. No Conflicts Identified. Attorney admission verified for Katelynn McColough, Matthew E Laughlin, Holly M Logan. Pro Hac Vice status verified for attorneys Caroline Pritikin, Eileen Boyle Perich, Renato Mariotti, Robert H Lang. (sgw) |
| Filing 353 Case transferred in from District of Texas Northern; Case Number 3:21-cv-00139. Original file certified copy of transfer order and docket sheet received. NORTHERN DISTRICT OF IOWA DOCKET BEGINS HERE Modified on 1/21/2021 (sgw) |
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Filing 352
MEMORANDUM OPINION AND ORDER granting #313 Motion to Transfer Venue. All claims in this case against Gagne are hereby SEVERED and TRANSFERRED to the United States District Court for the Northern District of Iowa. Gagne's #306 motion to dismiss is DENIED WITHOUT PREJUDICE. (Civil case 3:21-cv-139-X opened) (Ordered by Judge Brantley Starr on 1/21/2021) (axm) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 351 Return of Service for Subpoena served on ING Capital LLC on 1/15/2021. (jmg) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 350 REPLY filed by VeroBlue Farms USA Inc re: #337 MOTION Leave to Take Additional Depositions (Attachments: #1 Exhibit(s) Ex. A - Def. Wulf's Amended Response to Pltf's Request for Admission) (Anwar, Kamran) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 349 Unopposed MOTION to Continue Trial Date and Discovery and Pre-Trial Deadlines filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Nadler, Noah) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 348 RESPONSE filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf re: #337 MOTION Leave to Take Additional Depositions (Nadler, Noah) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 347
ELECTRONIC ORDER granting in part #338 Plaintiff VeroBlue Farms USA, Inc.'s Expedited Motion To Allocate Deposition Time.Federal Rule of Civil Procedure 30(d)(1) governs the duration of depositions by oral examination. "Unless otherwise stipulated or ordered by the court, a deposition is limited to one day of 7 hours. The court must allow additional time consistent with [Federal Rule of Civil Procedure] 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination." Fed. R. Civ. P. 30(d)(1). VeroBlue seeks an order allocating to it 6 hours of deposition time for its questioning at the deposition of each of the five Defendants in this case and each representative or employee of Canaccord Genuity, LLC that Plaintiff notices for deposition. After carefully considering the parties' arguments, the Court is persuaded that VeroBlue has shown good cause for granting its request in part. The depositions at issue are noticed by VeroBlue of its party opponents or their representatives in this or the related New York case. The Court finds it reasonable that VeroBlue, as the noticing party, should be afforded the majority of the 7 hours to question these witnesses, particularly in light of the breadth of the allegations and claims and apparent volume of discovery and evidence in this case.The Court is not persuaded by Defendants' reliance on the parties' stipulation to argue for equal division between the parties of deposition questioning time of the individual defendants or party representatives. For purposes of these depositions that VeroBlue notices and seeks, Defendants' and Canaccord's fully participating under the circumstances does not mean a guarantee of an equal amount of time to question these defense witnesses. And, as all of the briefing acknowledges, any party may later seek more time if necessary -- all consistent with Federal Rule of Civil Procedure 30(d)'s Advisory Committee Notes. See Fed. R. Civ. P. 30(d) Advisory Committee Notes to the 2000 Amendment ("In multi-party cases, the need for each party to examine the witness may warrant additional time, although duplicative questioning should be avoided and parties with similar interests should strive to designate one lawyer to question about areas of common interest. Similarly, should the lawyer for the witness want to examine the witness, that may require additional time."). Yet, no party is currently asking for any deposition's 7-hour limit to be extended in advance.But, based on both Defendants' and Canaccord's involvement in these depositions, the Court is persuaded that it is not reasonable to allocate a single hour to Defendants and Canaccord collectively for the reasons that Defendants explain. See Dkt. No. 343 at 3-4.Accordingly, Plaintiff VeroBlue Farms USA, Inc. will be allowed 5 hours of deposition time for its questioning at the deposition of each of the five Defendants in this case and each representative or employee of Canaccord Genuity, LLC that Plaintiff notices for deposition.(Ordered by Magistrate Judge David L. Horan on 12/31/2020) (Magistrate Judge David L. Horan) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 346 REPLY filed by VeroBlue Farms USA Inc re: #338 MOTION Expedited Motion to Allocate Deposition Time (Anwar, Kamran) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 345
ELECTRONIC ORDER amending the Court's December 16, 2020 Electronic Order [Dkt. No. 339] to extend the January 15, 2021 deadline for Keith Driver to appear for deposition to January 22, 2021. See Dkt. No. 344. (Ordered by Magistrate Judge David L. Horan on 12/29/2020.) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 344 Agreed STIPULATION Regarding Keith Driver Deposition by VeroBlue Farms USA Inc. (Anwar, Kamran) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 343 RESPONSE filed by Bruce A Hall, James Rea, John E Rea, Ted Rea, Leslie A Wulf re: #338 MOTION Expedited Motion to Allocate Deposition Time (Nadler, Noah) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 342
AMENDED ELECTRONIC ORDER: Any response to Plaintiffs Motion for Leave to Take Additional Depositions #337 must be filed by Monday, January 4, 2021, and any reply must be filed by Tuesday, January 19, 2021. Any response to Plaintiff VeroBlue Farms USA, Inc.s Expedited Motion To Allocate Deposition Time #338 must be filed by Monday, December 28, 2020, and any replies must be filed within two (2) days after any response is filed. (Ordered by Magistrate Judge David L. Horan on 12/18/2020.) [Transferred from Texas Northern on 1/21/2021.]
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Filing 341
ELECTRONIC ORDER: Any response to Plaintiff's Motion for Leave to Take Additional Depositions #337 must be filed by Monday, January 4, 2021, and any reply must be filed by Monday, January 18, 2021. Any response to Plaintiff VeroBlue Farms USA, Inc.'s Expedited Motion To Allocate Deposition Time #338 must be filed by Monday, December 28, 2020, and any replies be filed within two (2) days after any response is filed. (Ordered by Magistrate Judge David L. Horan on 12/18/2020.) [Transferred from Texas Northern on 1/21/2021.]
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Filing 340
ORDER OF REFERENCE re: #337 MOTION Leave to Take Additional Depositions, #338 MOTION Expedited Motion to Allocate Deposition Time. Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Judge Brantley Starr on 12/17/2020) (mjr) [Transferred from Texas Northern on 1/21/2021.]
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Filing 339
ELECTRONIC ORDER granting in part and denying in part Plaintiff VeroBlue Farms USA, Inc.'s Opposed Motion to Compel The Deposition of Keith Driver #319 and Defendant Keith Driver's Motion for Protective Order #328 . As the Court has explained, the only recourse expressly provided under the Federal Rules of Civil Procedure for a party seeking another party's deposition is to properly notice the deposition and file a motion under Federal Rule of Civil Procedure 37(d)(1)(A) if and when the deponent fails to appear. See generally Robinson v. Dallas Cty. Cmty. Coll. Dist., No. 3:14-cv-4187-D, 2016 WL 1273900, at *2 (N.D. Tex. Feb. 18, 2016). But Mr. Driver has moved under Federal Rule of Civil Procedure 26(c)(1) for a protective order from taking his deposition in the time frame that VeroBlue seeks to take it, and the issues have been fully argued to the Court, and so "the Court elects to follow [other] courts' lead and address the merits of the dispute as to whether [Mr. Driver] should be ordered to [appear] for a deposition." Id. at *5.The Court has previously laid out standards that govern a Federal Rule of Civil Procedure 26(c)(1) motion for protective order in this context, and those standards are incorporated, but will not be repeated, here. See Meisenheimer v. DAC Vision Inc., No. 3:19-cv-1422-M, 2019 WL 6619198, at *2-*3 (N.D. Tex. Dec. 4, 2019); Harris v. Copart, Inc., No. 3:16-cv-2980-D, 2017 WL 6527320, *2-*3 (N.D. Tex. Dec. 21, 2017).The Court is persuaded that Mr. Driver has not shown good cause to prohibit Plaintiff's taking his deposition -- by remote means -- until after the Court decides his pending motion to dismiss. As VeroBlue notes, Mr. Driver is presently a party to this case and will be unless and until the Court grants his motion to dismiss in full. Mr. Driver does not ask to stay all discovery pending a ruling on his motion to dismiss, but, just as with a proposed stay of all discovery, no federal rule, statute, or binding case law applies to automatically stay a party's deposition pending a ruling on a motion to dismiss. See Escareno ex rel. A.E. v. Lundbeck, LLC, No. 3:14-cv-257-B, 2014 WL 1976867, at *2 (N.D. Tex. May 15, 2014). Mr. Driver does acknowledge that he will be deposed regardless of the ruling on his motion to dismiss, but he seeks to avoid an allegedly broader scope of questioning as a party under the latest amended complaint than he believes that he would face as a third-party fact witness. But, as a general matter, a party cannot refuse to answer discovery simply because it is relevant to a claim or defense on which the producing party believes that it will prevail. See Heller v. City of Dallas, 303 F.R.D. 466, 489 (N.D. Tex. 2014). Mr. Driver's belief that the claims against him should be dismissed does not, under the circumstances here, establish good cause to put off his deposition on the basis that he might (or might not) bear a lesser burden to prepare to be deposed as a non-party.Mr. Driver also asserts that he should be able to avoid being deposed now by VeroBlue and later by Canaccord Genuity LLC, the latter of which Mr. Driver believes will not be prepared to fully participate in deposition discovery until some time early next year. But Canaccord has not weighed in to ask for Mr. Driver's deposition to be delayed until it is ready although it would, under Federal Rule of Civil Procedure 30(a)(2)(A)(ii), require the parties' consent or the Courts leave to have Mr. Driver sit for a second deposition. Mr. Driver's concerns about another party's preparedness for a deposition in the near future likewise do not meet the good cause standard to warrant the protective order that he seeks.Under the circumstances, the Court determines that VeroBlue should be permitted to depose Mr. Driver before any ruling on the motion to dismiss but that,, under the circumstances presented, the deposition need not occur by December 31, 2020. The Court ORDERS Mr. Driver's counsel to, by December 23, 2020, provide VeroBlue's counsel with dates and times to depose Mr. Driver on or before January 15, 2021. Finally, the Court determines that, under Federal Rules of Civil Procedure 26(c)(3) and 37(a)(5), the parties will bear their own expenses, including attorneys' fees, in connection with these motions.(Ordered by Magistrate Judge David L. Horan on 12/16/2020.) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 338 Expedited Motion to Allocate Deposition Time filed by VeroBlue Farms USA Inc (Attachments: #1 Exhibit(s) A, #2 Proposed Order, #3 Proposed Order) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 337 MOTION Leave to Take Additional Depositions filed by VeroBlue Farms USA Inc (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 336 ***DISREGARD PER ATTORNEY/MOTION WILL BE REFILED*** EXPEDITED Motion to Allocate Deposition Time filed by VeroBlue Farms USA Inc (Attachments: #1 Exhibit(s) A, #2 Proposed Order, #3 Proposed Order) (Williams, Nicole) Modified on 12/14/2020 (ykp). Modified on 12/14/2020 (ykp). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 335 REPLY filed by Keith Driver re: #323 MOTION for Leave to File First Amended Conditional Answer to Third Amended Complaint and First Amended Counterclaim (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 334 REPLY filed by VeroBlue Farms USA Inc re: #319 MOTION to Compel Deposition of Keith Driver (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 333 RESPONSE filed by VeroBlue Farms USA Inc re: #323 MOTION for Leave to File First Amended Conditional Answer to Third Amended Complaint and First Amended Counterclaim (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3) (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 332 REPLY filed by VeroBlue Farms USA Inc re: #312 MOTION to Dismiss and Rule 12(f) Motion to Strike Original Counterclaims of the Founder Defendants & Brief in Support (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 331 REPLY filed by VeroBlue Farms USA Inc re: #311 MOTION to Dismiss (Attachments: #1 Exhibit(s)) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 330 Joint STATUS REPORT Regarding Mediator filed by VeroBlue Farms USA Inc. (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 329 REPLY filed by VeroBlue Farms USA Inc re: #313 MOTION to Transfer Case out of District/Division Pursuant to 28 U.S.C. 1631 and/or 28 U.S.C. 1404(a) as to Defendant Christine Gagne, or, Alternatively, to Voluntarily Dismiss as to Defendant Christine Gagne & Brief in Support (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 328 RESPONSE filed by Keith Driver re: #319 MOTION to Compel Deposition of Keith Driver (Attachments: #1 Proposed Order) (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 327 NOTICE of Change of Address for Attorney Nicole Leigh Williams on behalf of VeroBlue Farms USA Inc. (Filer confirms contact info in ECF is current.) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 326 RESPONSE filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf re: #312 MOTION to Dismiss and Rule 12(f) Motion to Strike Original Counterclaims of the Founder Defendants & Brief in Support (Nadler, Noah) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 325 RESPONSE filed by Keith Driver re: #304 Answer to Amended Complaint, #323 MOTION for Leave to File First Amended Conditional Answer to Third Amended Complaint and First Amended Counterclaim, #295 Scheduling Order, #311 MOTION to Dismiss, #296 Amended Complaint. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 324 ***PLEASE DISREGARD PER ATTORNEY, FILED PREMATURELY*** ANSWER to #296 Amended Complaint filed by Keith Driver. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Proposed Amendment, #2 Exhibit(s)) (Beaird, Katherine) Modified on 11/2/2020 (axm). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 323 MOTION for Leave to File First Amended Conditional Answer to Third Amended Complaint and First Amended Counterclaim filed by Keith Driver (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Proposed Order) (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 322
ORDER OF REFERENCE re: #319 MOTION to Compel Deposition of Keith Driver. Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Judge Brantley Starr on 10/26/2020) (mjr) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 321 RESPONSE filed by Christine Gagne re: #313 MOTION to Transfer Case out of District/Division Pursuant to 28 U.S.C. 1631 and/or 28 U.S.C. 1404(a) as to Defendant Christine Gagne, or, Alternatively, to Voluntarily Dismiss as to Defendant Christine Gagne & Brief in Support (Nadler, Noah) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 320 REPLY filed by Keith Driver re: #301 MOTION to Dismiss Plaintiff VeroBlue's Third Amended Complaint (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 319 MOTION to Compel Deposition of Keith Driver filed by VeroBlue Farms USA Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Proposed Order) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 318 RESPONSE filed by VeroBlue Farms USA Inc re: #301 MOTION to Dismiss Plaintiff VeroBlue's Third Amended Complaint (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 317 ANSWER to Counterclaim filed by VeroBlue Farms USA Inc re: #304 Answer to Amended Complaint, Counterclaim. (Lang, Robert) Modified text and linkage on 10/14/2020 (axm). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 316 ANSWER to Counterclaim filed by VeroBlue Farms USA Inc. Related document: #305 Answer to Amended Complaint, Counterclaim. (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 315 RESPONSE filed by VeroBlue Farms USA Inc re: #306 MOTION to Dismiss for Lack of Jurisdiction Third Amended Complaint (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 314 Appendix in Support filed by VeroBlue Farms USA Inc re #313 MOTION to Transfer Case out of District/Division Pursuant to 28 U.S.C. 1631 and/or 28 U.S.C. 1404(a) as to Defendant Christine Gagne, or, Alternatively, to Voluntarily Dismiss as to Defendant Christine Gagne & Brief in Support (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 313 MOTION to Transfer Case out of District/Division Pursuant to 28 U.S.C. 1631 and/or 28 U.S.C. 1404(a) as to Defendant Christine Gagne, or, Alternatively, to Voluntarily Dismiss as to Defendant Christine Gagne & Brief in Support filed by VeroBlue Farms USA Inc (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 312 MOTION to Dismiss and Rule 12(f) Motion to Strike Original Counterclaims of the Founder Defendants & Brief in Support filed by VeroBlue Farms USA Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 311 MOTION to Dismiss filed by VeroBlue Farms USA Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 310
ELECTRONIC ORDER: Having reviewed the plaintiff VeroBlue Farms USA Inc.s Unopposed Motion to Extend Time [Doc. 309], the Court GRANTS the motion. VeroBlue must file any and all responses to the defendants respective answers to and/or motions to dismiss the Third Amended Complaint on or before October 12, 2020. (Ordered by Judge Brantley Starr on 9/28/2020) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 309 Unopposed MOTION for Extension of Time to File Responses to Wulf, Hall, James Rea, and John E. Reas Answer, Affirmative Defenses, and Original Counterclaims to Plaintiffs Third Amended Complaint, Gagnes Rule 12(b)(2) Motion to Dismiss Third Amended Complaint, and Drivers 12(b)(6) Motion to Dismiss VeroBlues Third Amended Complaint filed by VeroBlue Farms USA Inc (Pritikin, Caroline) [Transferred from Texas Northern on 1/21/2021.] |
| COUNTERCLAIM against VeroBlue Farms USA Inc filed by Keith Driver (See document #304 for image). (axm) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 308 Appendix in Support filed by Christine Gagne re #306 MOTION to Dismiss for Lack of Jurisdiction Third Amended Complaint (Nadler, Noah) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 307 Brief/Memorandum in Support filed by Christine Gagne re #306 MOTION to Dismiss for Lack of Jurisdiction Third Amended Complaint (Nadler, Noah) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 306 MOTION to Dismiss for Lack of Jurisdiction Third Amended Complaint filed by Christine Gagne (Nadler, Noah) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 305 ANSWER to #296 Amended Complaint filed by John E Rea, Bruce A Hall, James Rea, Leslie A Wulf. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against VeroBlue Farms USA Inc filed by John E Rea, Bruce A Hall, James Rea, Leslie A Wulf (Nadler, Noah) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 304 ANSWER to #296 Amended Complaint,,, filed by Keith Driver. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 303 Appendix in Support filed by Keith Driver re #301 MOTION to Dismiss Plaintiff VeroBlue's Third Amended Complaint, #302 Brief/Memorandum in Support of Motion (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 302 Brief/Memorandum in Support filed by Keith Driver re #301 MOTION to Dismiss Plaintiff VeroBlue's Third Amended Complaint (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 301 MOTION to Dismiss Plaintiff VeroBlue's Third Amended Complaint filed by Keith Driver (Attachments: #1 Proposed Order) (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 300
ELECTRONIC ORDER granting #299 Motion to Extend Time to File Response/Reply. Founder Defendants and Gagnes deadline to respond to Plaintiffs Third Amended Complaint is September 14, 2020. (Ordered by Judge Brantley Starr on 8/14/2020) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Answer to #296 Amended Cmplaint due from Keith Driver on 9/14/2020; Christine Gagne on 9/14/2020; Bruce A Hall on 9/14/2020; James Rea on 9/14/2020; John E Rea on 9/14/2020; Leslie A Wulf on 9/14/2020 per 300 Order. (ykp) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 299 MOTION for Extension of Time to File Response/Reply to #296 Amended Complaint,,, filed by Keith Driver, Christine Gagne, Bruce A Hall, James Rea, John E Rea, Leslie A Wulf (Attachments: #1 Proposed Order Granting Unopposed Motion to Extend DL to Respond to Third Amended Complaint)Attorney Noah Nadler added to party Keith Driver(pty:dft), Attorney Noah Nadler added to party Christine Gagne(pty:dft) (Nadler, Noah) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 298
ELECTRONIC ORDER granting #297 Motion to Substitute Attorney. Kimberly DeShano Annello, David L. Campbell, Elisha Davis Pierce, and the law firm of Underwood Perkins PC are discharged as counsel of record for the Founder Defendants. David Drez, Noah Nadler, and Daniella Heringer and the law firm of Wick Phillips Gould & Martin, LLP are substituted in their place. (Ordered by Judge Brantley Starr on 7/31/2020) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 297 Unopposed MOTION to Substitute Attorney, added attorney Daniella Grace Heringer,Daniella Grace Heringer,David J Drez, III,Noah Nadler for John E Rea,Daniella Grace Heringer,David J Drez, III,Noah Nadler for Bruce A Hall,Daniella Grace Heringer,David J Drez, III,Noah Nadler for James Rea,Daniella Grace Heringer,David J Drez, III,Noah Nadler for Leslie A Wulf. Motion filed by John E Rea, Bruce A Hall, James Rea, Leslie A Wulf (Attachments: #1 Proposed Order To Grant Motion to Substitute Counsel)Attorney Daniella Grace Heringer added to party Bruce A Hall(pty:dft), Attorney Daniella Grace Heringer added to party James Rea(pty:dft), Attorney Daniella Grace Heringer added to party John E Rea(pty:dft), Attorney Daniella Grace Heringer added to party Leslie A Wulf(pty:dft) (Heringer, Daniella) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 296 AMENDED COMPLAINT WITH JURY DEMAND against Keith Driver, Christine Gagne, Bruce A Hall, James Rea, John E Rea, Leslie A Wulf filed by VeroBlue Farms USA Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s)) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 295
SCHEDULING ORDER granting in part #292 Motion for Proposed Scheduling Order. Jury Trial set for two-week docket beginning 10/25/2021 10:00 AM before Judge Brantley Starr. Pretrial Conference set for 10/18/2021 10:00 AM before Judge Brantley Starr. Joinder of Parties due by 11/9/2020. Amended Pleadings due by 11/9/2020. Deadline for mediation is on or before 3/26/2021. Discovery due by 5/17/2021. Motions due by 6/14/2021. Pretrial Order due by 10/11/2021., Pretrial Materials due by 10/11/2021. (Ordered by Judge Brantley Starr on 6/22/2020) (axm) [Transferred from Texas Northern on 1/21/2021.]
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Filing 294
ELECTRONIC ORDER granting #293 Motion to Extend Time. The plaintiff's amended complaint is due on July 27, 2020. The defendants' deadline to answer, or otherwise respond to, the amended complaint is August 24, 2020. (Ordered by Judge Brantley Starr on 6/22/2020) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 293 Agreed MOTION to Extend Time to File Third Amended Complaint and Defendants' Answer thereto filed by Bruce A Hall, James Rea, John E Rea, VeroBlue Farms USA Inc, Leslie A Wulf (Attachments: #1 Proposed Order) (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 292 MOTION Entry of Proposed Scheduling Order filed by Bruce A Hall, James Rea, John E Rea, VeroBlue Farms USA Inc, Leslie A Wulf (Attachments: #1 Proposed Order) (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 291
MEMORANDUM OPINION AND ORDER granting #215 Motion to Strike; granting in part #180 , #184 , #211 , #219 Motions to Dismiss; granting #207 , #227 Motions to Dismiss; granting #233 , #228 Motions to Strike Third-Party Complaint. The Court GRANTS LEAVE to VeroBlue to correct the deficiencies (within 28 days of this Order) as to the new fraud claims against the Founders. The Court severs and transfers the claims against Canaccord to the United States District Court for the Southern District of New York under section 1404 pursuant to the forum-selection clause (Civil case 3:20-cv-1452-X opened). (Ordered by Judge Brantley Starr on 6/5/2020) (axm) Modified on 6/5/2020 (axm). [Transferred from Texas Northern on 1/21/2021.]
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| Filing 290 RESPONSE re: #287 Supplemental Authority filed by Canaccord Genuity LLC. (Fiotto, Anthony) Enhanced text on 5/26/2020 (dsr). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 289 Notice of Filing of Official Electronic Transcript of Motions Proceedings held on 05/13/2020 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (68 pages) Redaction Request due 6/10/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/18/2020. (kaw) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 288 Notice of Filing of Official Electronic Transcript of Status Conference and Motions Hearing Proceedings held on 05/06/2020 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (51 pages) Redaction Request due 6/10/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/18/2020. (kaw) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 287 Supplemental Document by VeroBlue Farms USA Inc as to #217 Response/Objection . (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 286 Brief/Memorandum in Support filed by Alder Aqua Ltd re #223 MOTION to Strike #186 Amended Complaint, #220 Brief/Memorandum in Support of Motion, #224 Brief/Memorandum in Support of Motion, #219 MOTION to Dismiss Amended Third Party Complaint Under Rule 12(b) Post-Hearing Brief. (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 285 NOTICE of Filing of Proof of Service on Christine Gagne as Set Forth in The Court's May 5, 2020 Order (Dkt. 277) filed by VeroBlue Farms USA Inc (Decker, Adam) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 284 ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: Telephonic Motion Hearing held on 5/13/2020. Attorney Appearances: Plaintiff - Robert Lang, Jasmine Wynton, Nicole Williams; Defense - Kimberely Annello, David Campbell, Elisha Pierce, Michael Schwartz, Brandon Schwartz, Heath Cheek, Elliot Clark, Katherine Beaird, Peter D'Apice, Anthony Fiotto, Eric Lawson, Jesse Clouse, Keith Clouse, John Kincade, Elliot Clark, Kevin Keen. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - 1:15. (chmb) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 283 RESPONSE filed by VeroBlue Farms USA Inc re: #241 Reply (Attachments: #1 Exhibit(s) A-E) (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 282 NOTICE of Filing of Proof of Service Per Court's May 5, 2020 Order on Christine Gagne Via Email filed by VeroBlue Farms USA Inc (Attachments: #1 Service of Process) (Decker, Adam) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 281
ELECTRONIC ORDER granting #280 Motion to Withdraw as Attorney. Attorneys William L. Banowsky and Nicholas Shea Davis are withdrawn from representation in this case. (Ordered by Judge Brantley Starr on 5/8/2020) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 280 Joint MOTION to Withdraw as Attorney for Veroblue Farms USA, Inc., Normal McCowan, and Bjorn Thelander filed by VeroBlue Farms USA Inc (Davis, Nicholas) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 279
ELECTRONIC Notice of Telephonic hearing on all pending motions set for Wednesday, May 13, 2020 at 1:00 p.m.(CST) before Judge Brantley Starr. Anyone other than the parties and counsel wishing to observe the hearing may contact Judge Starr's chambers for access to the conference call line. (Ordered by Judge Brantley Starr on 5/6/2020) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 278 ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: Motions hearing and status conference held on 5/6/2020. Attorney Appearances: Plaintiff - Robert Lang, Jasmine Wynton, Nicole Williams; Defense - Kimberely Annello, Michael Schwartz, Brandon Schwartz, Heath Cheek, Peter D'Apice, Anthony Fiotto, Eric Lawson, Jesse Clouse, Keith Clouse, John Kincade, Elliot Clark, Kevin Keen,. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - :50. (chmb) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 277
MEMORANDUM OPINION AND ORDER: The Court GRANTS VeroBlue's #273 motion for substitute service on defendant Christine Gagne through her personal email address and through defendant Leslie Wulf. (Ordered by Judge Brantley Starr on 5/5/2020) (twd) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 276 ELECTRONIC Notice of Telephonic Stats Conference and all pending motions hearing RESET for Wednesday, May 6, 2020 at 1:00 p.m. (CST) before Judge Brantley Starr. Anyone other than the parties and counsel wishing to observe the hearing may contact Judge Starr's chambers for access to the conference call line. Participant call in instructions shall remain the same. (chmb) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 275 NOTICE of Change of Address for Attorney Nicole Leigh Williams on behalf of VeroBlue Farms USA Inc. (Filer confirms contact info in ECF is current.) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 274 ELECTRONIC Notice of Telephonic Status Conference and all pending motions set for Wednesday, May 6, 2020 at 11:00 a.m. (CDT) before Judge Brantley Starr. Anyone other than the parties and counsel wishing to observe the hearing may contact Judge Starr's chambers for access to the conference call line. (chmb) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 273 MOTION For Substituted Service on Defendant Christine Gagne filed by VeroBlue Farms USA Inc (Attachments: #1 Exhibit(s) Exhibit A Declaration of Adam Decker, #2 Exhibit(s) Exhibit B Declaration of Process Server, #3 Exhibit(s) Exhibit C Affidavit of Special Process Server, #4 Proposed Order) (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 272
ORDER: Before the Court is VeroBlue Farms USA, Inc's (VeroBlue) Motion for an Extension of Time to Serve Defendant Christine Gagne Under Fed. R. Civ. P. 4(M) [Doc. No. #237 ]. The Court GRANTS the motion. VeroBlue is permitted an additional sixty days from the date of this order (until 4/7/2020) to serve Defendant Christine Gagne with the Summons and the Second Amended Complaint. (Ordered by Judge Brantley Starr on 2/7/2020) (ctf) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 271 REPLY filed by Bjorn Thelander re: #227 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 270 REPLY filed by Norman McCowan, Bjorn Thelander re: #228 MOTION to Strike #186 Amended Complaint,, (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 269 REPLY filed by Alder Aqua Ltd re: #219 MOTION to Dismiss Amended Third Party Complaint Under Rule 12(b) (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 268 REPLY filed by Norman McCowan re: #229 Motion to Dismiss for Failure to State a Claim (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 267 REPLY filed by Alder Aqua Ltd re: #223 MOTION to Strike #186 Amended Complaint. (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 266 REPLY filed by Canaccord Genuity LLC re: #211 MOTION to Dismiss (Fiotto, Anthony) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 265 AFFIDAVIT re #206 MOTION to Dismiss for Lack of Jurisdiction , #263 Reply by Sean Maniaci. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit A1, #3 Exhibit(s) Exhibit B, #4 Exhibit(s) Exhibit C) (Schwartz, Michael) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 264 AFFIDAVIT re #206 MOTION to Dismiss for Lack of Jurisdiction , #263 Reply by Sean Maniaci. (Attachments: #1 Exhibit(s)) (Schwartz, Michael) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 263 REPLY filed by Sean Maniaci re: #206 MOTION to Dismiss for Lack of Jurisdiction (Schwartz, Michael) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 262 REPLY filed by VeroBlue Farms USA Inc re: #215 MOTION to Strike Certain Arguments and Evidence from Founder Defendants and Defendant Drivers Motions to Dismiss (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 261
ELECTRONIC ORDER granting #260 Motion for Leave to File. Defendant Sean Maniaci may file a Reply Brief in support of his #206 Motion to Dismiss that exceeds the page limit by five (5) pages, for a total of fifteen (15) pages. (Ordered by Judge Brantley Starr on 1/23/2020) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 260 MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss the Second Amended Complaint in Excess of Page Limits filed by Sean Maniaci with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Schwartz, Michael) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 259
Order Striking and Unfiling #258 MOTION for Leave to File to File Reply Memorandum in Support of Motion to Dismiss the Second Amended Complaint in Excess of Page Limits due to the following deficiency: The motion or response must include certificate of conference or inability to confer. (Ordered by Judge Brantley Starr on 1/23/2020) (rekc) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 258 ***STRICKEN PER #259 ORDER*** MOTION for Leave to File to File Reply Memorandum in Support of Motion to Dismiss the Second Amended Complaint in Excess of Page Limits filed by Sean Maniaci with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Schwartz, Michael) Modified on 1/23/2020 (rekc). [Transferred from Texas Northern on 1/21/2021.] |
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Filing 257
ELECTRONIC ORDER granting #253 Motion. All discovery in this action is stayed until 14 days following the latest of the Courts rulings on the pending dispositive Federal Rule of Civil Procedure 12(b) motions (Dkt. Nos. 180, 184, 206, 211, 219, 227, 229). The operative Scheduling Order (Dkt. No. 120) is vacated. The parties are directed to submit a new proposed scheduling order within 14 days following the latest of the Courts rulings on the pending dispositive Federal Rule of Civil Procedure 12(b) motions. The pending #238 motion to stay discovery, or in the alternative for a protective order, filed by Alder Aqua, Ltd., is dismissed as moot. (Ordered by Judge Brantley Starr on 1/20/2020) (chmb) Modified on 1/21/2020 (chmb). [Transferred from Texas Northern on 1/21/2021.]
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Filing 256
ELECTRONIC ORDER granting #244 Motion To File Briefs in Excess of Pages Limits. The Court grants Defendants/Third-Party Plaintiffs, Leslie A. Wulf, Bruce A. Hall, James Rea, and John E.Ted Rea's request to have filed its Motion to Dismiss the Second Amended Complaint in excess of the 25-page limit, and it grants its motion to file its Reply Brief in support of its [Doc. No. 184] Motion to Dismiss in excess of the 10-page limit by 6 pages, for a total of 16 pages. (Ordered by Judge Brantley Starr on 1/20/2020) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 255
ELECTRONIC ORDER granting #254 Motion for Leave to File. Canaccord Genuity LLC may file a reply brief in support of its #211 Motion to Dismiss that exceeds the page limit by 5 pages, for a total of 15 pages. (Ordered by Judge Brantley Starr on 1/20/2020) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 254 Unopposed MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss the Second Amended Complaint in Excess of Page Limitations filed by Canaccord Genuity LLC (Attachments: #1 Proposed Order) (Fiotto, Anthony) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 253 Joint Expedited Motion by all Parties to Stay Discovery and Vacate the Scheduling Order filed by Canaccord Genuity LLC (Attachments: #1 Exhibit(s) A: Proposed Order) (Fiotto, Anthony) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 252 RESPONSE filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf re: #223 MOTION to Strike #186 Amended Complaint, #228 MOTION to Strike #186 Amended Complaint. (Pierce, Elisha) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 251 RESPONSE filed by Leslie A Wulf re: #219 MOTION to Dismiss Amended Third Party Complaint Under Rule 12(b) (Attachments: #1 Exhibit(s)) (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 250 RESPONSE filed by Leslie A Wulf re: #229 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s)) (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 249 RESPONSE filed by Leslie A Wulf re: #227 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s)) (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 248
ELECTRONIC ORDER granting #242 Motion for Leave to File. VeroBlue Farms may file a response to Canaccord's #211 motion to dismiss that does not exceed 30 pages. (Ordered by Judge Brantley Starr on 1/13/2020) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 247 RESPONSE filed by VeroBlue Farms USA Inc re: #206 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s) Appendix for Plaintiff Veroblue Farms USA, Inc.'s Response to Sean Maniaci's Motion to Dismiss (Part 1), #2 Exhibit(s) Appendix for Plaintiff Veroblue Farms USA, Inc.'s Response to Sean Maniaci's Motion to Dismiss (Part 2), #3 Exhibit(s) Appendix for Plaintiff Veroblue Farms USA, Inc.'s Response to Sean Maniaci's Motion to Dismiss (Part 3), #4 Exhibit(s) Appendix for Plaintiff Veroblue Farms USA, Inc.'s Response to Sean Maniaci's Motion to Dismiss (Part 4), #5 Exhibit(s) Appendix for Plaintiff Veroblue Farms USA, Inc.'s Response to Sean Maniaci's Motion to Dismiss (Part 5), #6 Exhibit(s) Appendix for Plaintiff Veroblue Farms USA, Inc.'s Response to Sean Maniaci's Motion to Dismiss (Part 6), #7 Exhibit(s) Appendix for Plaintiff Veroblue Farms USA, Inc.'s Response to Sean Maniaci's Motion to Dismiss (Part 7)) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 246 RESPONSE filed by VeroBlue Farms USA Inc re: #211 MOTION to Dismiss (Attachments: #1 Exhibit(s) Appendix for VeroBlue Farms USA, Inc.'s Response to Canaccord Genuity LLC's Motion to Dismiss) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 245 REPLY filed by Leslie A Wulf re: #184 Motion to Dismiss for Failure to State a Claim (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 244 MOTION to File Briefs in Excess of Page Limits filed by Leslie A Wulf (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 243 RESPONSE filed by Leslie A Wulf re: #215 MOTION to Strike Certain Arguments and Evidence from Founder Defendants and Defendant Drivers Motions to Dismiss (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 242 Unopposed MOTION for Leave to File Response to #211 Canaccord's Motion to Dismiss in Excess of Page Limitations filed by VeroBlue Farms USA Inc (Attachments: #1 Proposed Order) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 241 REPLY filed by Keith Driver re: #180 Motion to Dismiss for Failure to State a Claim (Beaird, Katherine) Modified linkage on 1/10/2020 (rekc). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 240 RESPONSE filed by Keith Driver re: #215 MOTION to Strike Certain Arguments and Evidence from Founder Defendants and Defendant Drivers Motions to Dismiss (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 239 Appendix in Support filed by Alder Aqua Ltd re #238 MOTION to Stay Discovery or Alternatively for Protective Order and Brief in Support (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 238 MOTION to Stay Discovery or Alternatively for Protective Order and Brief in Support filed by Alder Aqua Ltd with Brief/Memorandum in Support. (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 237 MOTION to Extend Time to Serve Defendant Christine Gagne filed by VeroBlue Farms USA Inc (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order) (Decker, Adam) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 236
ELECTRONIC ORDER granting #216 Motion for Leave to File. (Ordered by Judge Brantley Starr on 12/13/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 235
ELECTRONIC ORDER granting in part and denying in part #233 Motion to Extend Time. For #180 #184 Motions to Dismiss, Defendants/Third-Party Plaintiffs Wulf, Hall, James Rea, and John "Ted" Rea, and Defendant Driver's replies are due by January 10, 2020. For #215 Motion to Strike, Defendants/Third-Party Plaintiffs Wulf, Hall, James Rea, and John "Ted" Rea, and Defendant Driver's responses are due by January 10, 2020. For #219 #227 #229 Motions to Dismiss, Defendants/Third-Party Plaintiffs Wulf, Hall, James Rea, and John "Ted" Rea's responses are due by January 13, 2020. For #223 #228 Motions to Strike, Defendants/Third-Party Plaintiffs Wulf, Hall, James Rea, and John "Ted" Rea's responses are due by January 13, 2020. For #215 Motion to Strike, Plaintiff VeraBlue's reply is due by January 24, 2020. For #219 #227 #229 Motions to Dismiss and #223 #228 Motions to Strike, Third-Party Defendants Thelander, McCowan, and Alder's replies are due by January 29, 2020. (Ordered by Judge Brantley Starr on 12/13/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 234
ELECTRONIC ORDER granting #232 Motion to Extend Time to File Response/Reply. VeraBlue's response to #206 Motion to Dismiss is due by January 10, 2020. Maniaci's response is due by January 24, 2020. (Ordered by Judge Brantley Starr on 12/13/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 233 MOTION to Extend Time Filing Multiple Briefs filed by Leslie A Wulf (Attachments: #1 Exhibit(s), #2 Proposed Order) (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 232 MOTION for Extension of Time to File Response/Reply to #206 MOTION to Dismiss for Lack of Jurisdiction filed by VeroBlue Farms USA Inc (Attachments: #1 Proposed Order) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 231
ELECTRONIC ORDER granting #230 Motion to Extend Time to File Response/Reply. VeroBlue Farms' deadline to respond to the #211 Motion to Dismiss is January 10, 2020. The reply is due by January 24, 2020. (Ordered by Judge Brantley Starr on 12/10/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 230 MOTION for Extension of Time to File Response/Reply to #211 MOTION to Dismiss filed by VeroBlue Farms USA Inc (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 229 Motion to Dismiss for Failure to State a Claim filed by Norman McCowan with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 228 MOTION to Strike #186 Amended Complaint filed by Norman McCowan, Bjorn Thelander with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 227 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Bjorn Thelander with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 226 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alder Aqua Ltd. (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 225 Appendix in Support filed by Alder Aqua Ltd re #223 MOTION to Strike #186 Amended Complaint,, , #224 Brief/Memorandum in Support of Motion (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 224 Brief/Memorandum in Support filed by Alder Aqua Ltd re #223 MOTION to Strike #186 Amended Complaint,, (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 223 MOTION to Strike #186 Amended Complaint,, filed by Alder Aqua Ltd (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 222 NOTICE of Attorney Appearance by Elliot Clark on behalf of Alder Aqua Ltd. (Filer confirms contact info in ECF is current.) (Clark, Elliot) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 221 Appendix in Support filed by Alder Aqua Ltd re #220 Brief/Memorandum in Support of Motion, #219 MOTION to Dismiss Amended Third Party Complaint Under Rule 12(b) (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 220 Brief/Memorandum in Support filed by Alder Aqua Ltd re #219 MOTION to Dismiss Amended Third Party Complaint Under Rule 12(b) (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 219 MOTION to Dismiss Amended Third Party Complaint Under Rule 12(b) filed by Alder Aqua Ltd (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 218 RESPONSE AND OBJECTION filed by VeroBlue Farms USA Inc re: #180 Motion to Dismiss for Failure to State a Claim (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 217 RESPONSE AND OBJECTION filed by VeroBlue Farms USA Inc re: #184 Motion to Dismiss for Failure to State a Claim (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 216 Unopposed MOTION for Leave to File Response to #184 Founder Defendants Motion to Dismiss in Excess of Page Limitations filed by VeroBlue Farms USA Inc (Attachments: #1 Proposed Order) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 215 MOTION to Strike Certain Arguments and Evidence from Founder Defendants and Defendant Drivers Motions to Dismiss filed by VeroBlue Farms USA Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 214 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Canaccord Genuity LLC. (Fiotto, Anthony) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 213 Appendix in Support filed by Canaccord Genuity LLC re #211 MOTION to Dismiss , #212 Brief/Memorandum in Support of Motion (Fiotto, Anthony) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 212 Brief/Memorandum in Support filed by Canaccord Genuity LLC re #211 MOTION to Dismiss (Fiotto, Anthony) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 211 MOTION to Dismiss filed by Canaccord Genuity LLC (Attachments: #1 Proposed Order) (Fiotto, Anthony) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 210
ELECTRONIC ORDER granting #205 Application for Admission Pro Hac Vice of Michael D. Schwartz. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 11/26/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 209
ELECTRONIC ORDER granting #204 Application for Admission Pro Hac Vice of Brandon M. Schwartz. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 11/26/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 208 AFFIDAVIT re #206 MOTION to Dismiss for Lack of Jurisdiction , #207 Brief/Memorandum in Support of Motion by Sean Maniaci. (Schwartz, Michael) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 207 Brief/Memorandum in Support filed by Sean Maniaci re #206 MOTION to Dismiss for Lack of Jurisdiction (Schwartz, Michael) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 206 MOTION to Dismiss for Lack of Jurisdiction filed by Sean Maniaci with Brief/Memorandum in Support. Attorney Michael D Schwartz added to party Sean Maniaci(pty:dft) (Schwartz, Michael) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 205 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael D. Schwartz (Filing fee $100; Receipt number 0539-10434482) filed by Sean Maniaci (Attachments: #1 Proposed Order For Admission Pro Hac Vice, #2 Certificate of Good Standing) (Clouse, Keith) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 204 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brandon M. Schwartz (Filing fee $100; Receipt number 0539-10434271) filed by Sean Maniaci (Attachments: #1 Proposed Order For Admission Pro Hac Vice, #2 Certificate of Good Standing)Attorney Keith A Clouse added to party Sean Maniaci(pty:dft) (Clouse, Keith) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 203 Summons Issued as to Eva Ebstein, Jens Haarkoetter, Otto Happel. (ykp) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 202 Request for Clerk to issue Summons filed by Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 201 Request for Clerk to issue Summons filed by Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 200 Request for Clerk to issue Summons filed by Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 199 NOTICE of Attorney Appearance by Eric Lawson on behalf of Canaccord Genuity LLC. (Filer confirms contact info in ECF is current.) (Lawson, Eric) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 198 NOTICE of Attorney Appearance by Anthony Fiotto on behalf of Canaccord Genuity LLC. (Filer confirms contact info in ECF is current.) (Fiotto, Anthony) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 197
ELECTRONIC ORDER granting #195 Application for Admission Pro Hac Vice of Eric D. Lawson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 11/20/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 196
ELECTRONIC ORDER granting #194 Application for Admission Pro Hac Vice of Anthony S. Fiotto. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 11/20/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 195 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10420682) filed by Canaccord Genuity LLC (Attachments: #1 Proposed Order)Attorney Eric Lawson added to party Canaccord Genuity LLC(pty:dft) (Lawson, Eric) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 194 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10420638) filed by Canaccord Genuity LLC (Attachments: #1 Proposed Order)Attorney Anthony Fiotto added to party Canaccord Genuity LLC(pty:dft) (Fiotto, Anthony) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 193 NOTICE of Attorney Appearance by Peter C D'Apice on behalf of Canaccord Genuity LLC. (Filer confirms contact info in ECF is current.) (D'Apice, Peter) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 192
ELECTRONIC ORDER granting #191 Motion for Extension of Time to File Answer. Third-Party Defendants Alder Aqua Ltd, Norman McCowan, and Bjorn Thelander's response to #186 Amended Third-Party Complaint is due on December 4, 2019. (Ordered by Judge Brantley Starr on 11/13/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 191 Joint Motion for Extension of Time to File Answer to Defendants' Amended Third Party Complaint filed by Alder Aqua Ltd (Attachments: #1 Proposed Order) (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 190 NOTICE of Attorney Appearance by Kevin T Keen on behalf of Alder Aqua Ltd. (Filer confirms contact info in ECF is current.) (Keen, Kevin) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 189
ELECTRONIC ORDER dismissing as moot #145 Motion to Dismiss for Failure to State a Claim; dismissing as moot #145 Motion to Dismiss for Lack of Jurisdiction. (Ordered by Judge Brantley Starr on 11/8/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 188
ELECTRONIC ORDER dismissing as moot #114 Motion to Dismiss. (Ordered by Judge Brantley Starr on 11/8/2019) (chmb) Modified on 11/8/2019 (chmb). [Transferred from Texas Northern on 1/21/2021.]
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Filing 187
ELECTRONIC ORDER dismissing as moot #113 Motion to Dismiss for Failure to State a Claim. (Ordered by Judge Brantley Starr on 11/8/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 186 ***STRICKEN PER #291 ORDER*** AMENDED THIRD-PARTY COMPLAINT against Alder Aqua Ltd, Eva Ebstein, Jens Haarkoetter, Otto Happel, Norman McCowan, Bjorn Thelander, Anders Wester filed by John E Rea, Leslie A Wulf, Bruce A Hall, James Rea. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Pierce, Elisha) Modified on 6/5/2020 (axm). [Transferred from Texas Northern on 1/21/2021.] |
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Filing 185
ORDER: The Court ORDERS the Clerk's Office to un-file the Third-Party Plaintiffs' Notice of Intent to Proceed on Third Party Complaint [Doc. No. #169 ]. The Court ORDERS that Third-Party Defendants Bjorn Thelander and Norman McCowan's motions to dismiss [Doc. Nos. #173 , #174 ] and motion to strike [Doc. No. #175 ] are DISMISSED AS MOOT. The Court also ORDERS the Third-Party Plaintiffs to file an amended third-party complaint on or before 11/8/2019. (Ordered by Judge Brantley Starr on 11/1/2019) (axm) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 184 Motion to Dismiss for Failure to State a Claim filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit A - Diagram of Parties, #2 Exhibit(s) Exhibit B - Plaintiff's Allegations of Actual Fraud, #3 Exhibit(s) Exhibit C - Plaintiff's Allegations of Misrepresentations, #4 Exhibit(s) Exhibit D - Plaintiff's Allegations of Misappropriations, #5 Exhibit(s) Exhibit E - VBF Bankruptcy Order, #6 Exhibit(s) Exhibit F - Choice of Law Provisions in Contracts between Plaintiff and Defendants, #7 Proposed Order Proposed Order Granting Motion to Dismiss) (Pierce, Elisha) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 183 ANSWER to #159 Amended Complaint, filed by Keith Driver. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 182 Appendix in Support filed by Keith Driver re #181 Brief/Memorandum in Support of Motion To Dismiss VeroBlue's Secomd Amended Complain (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 181 Brief/Memorandum in Support filed by Keith Driver re #180 Motion to Dismiss for Failure to State a Claim (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 180 Motion to Dismiss for Failure to State a Claim filed by Keith Driver with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 179
ELECTRONIC ORDER granting #178 Agreed Motion to Extend Deadline to File Response to Third Party Claims. Third-Party Defendant Alder Aqua LTD.'s answer is due on or before 11/22/2019. (Ordered by Judge Brantley Starr on 10/29/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 178 Motion for Extension of Time to File Answer Agreed Motion ot Extend Deadline to File Response to Third Party Claims filed by Alder Aqua Ltd (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 177
ELECTRONIC ORDER granting #176 Motion to Substitute Attorney. Katharine Battaia Clark of Hedrick Kring, PLLC is permitted to withdraw, and is withdrawn as attorney of record for Alder Aqua, Ltd. John P. Kincade of Winstead PC is substituted as attorney of record for Alder Aqua, Ltd., and will serve as Alder Aqua, Ltd.'s lead counsel. (Ordered by Judge Brantley Starr on 10/25/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 176 Unopposed MOTION to Substitute Attorney, added attorney John P Kincade,John P Kincade for Alder Aqua Ltd,John P Kincade for Alder Aqua Ltd. Motion filed by Alder Aqua Ltd (Attachments: #1 Proposed Order)Attorney John P Kincade added to party Alder Aqua Ltd(pty:3pd) (Kincade, John) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 175 MOTION to Strike Third-Party Claims filed by Norman McCowan, Bjorn Thelander with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 174 Motion to Dismiss for Failure to State a Claim filed by Norman McCowan with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 173 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction filed by Bjorn Thelander with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 172 NOTICE of Attorney Appearance by Nicholas Shea Davis on behalf of VeroBlue Farms USA Inc. (Filer confirms contact info in ECF is current.) (Davis, Nicholas) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 171 WAIVER OF SERVICE Returned Executed as to VeroBlue Farms USA Inc. Waiver sent on 10/4/2019. (Decker, Adam) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 170
ELECTRONIC ORDER granting #168 Motion to Extend Time to File Response/Reply. Leslie A. Wulf, Bruce A. Hall, James Rea, John E. Ted Rea and Driver's deadline to file their response(s) and/or any applicable pre-answer motions to VeraBlue Farms Second Amended Complaint is on or before October 29, 2019. VeraBlue Farms deadline to file their response(s) to any pre-answer motions filed by Leslie A. Wulf, Bruce A. Hall, James Rea, John E. Ted Rea and/or Driver is on or before December 3, 2019. Leslie A. Wulf, Bruce A. Hall, James Rea, John E. Ted Rea and Driver's deadline to file their reply(ies) to VeraBlue Farms response(s) to any pre-answer motions is on or before December 17, 2019. (Ordered by Judge Brantley Starr on 10/8/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 169 ***UNFILED PER #185 ORDER*** THIRD PARTY COMPLAINT against Alder Aqua Ltd, Eva Ebstein, Jens Haarkoetter, Otto Happel, Norman McCowan, Bjorn Thelander, Anders Wester filed by Leslie A Wulf. Plaintiff will submit third-party summons(es) for issuance. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Annello, Kimberly) Modified on 11/1/2019 (axm). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 168 MOTION for Extension of Time to File Response/Reply to #159 Amended Complaint, filed by Leslie A Wulf (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 167
Order Unfiling #166 MOTION for Extension of Time to File Response/Reply to #159 Amended Complaint filed by Leslie A Wulf due to the following deficiency: The motion or response must include - certificate of conference or inability to confer. See LR 7.1(b) or LCrR 47.1(b); proposed order. See LR 7.1(c) or LCrR 47.1(c). (Ordered by Judge Brantley Starr on 10/4/2019) (axm) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 166 ***UNFILED PER #167 ORDER*** MOTION for Extension of Time to File Response/Reply to #159 Amended Complaint, filed by Leslie A Wulf Attorney Blake William Buether added to party Leslie A Wulf(pty:3pp) (Buether, Blake) Modified on 10/4/2019 (axm). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 165 REPLY filed by Bjorn Thelander re: #145 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 164 Summons Issued as to Christine Gagne, Sean Maniaci. (ykp) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 163 Request for Clerk to issue Summons to Maniaci filed by VeroBlue Farms USA Inc. (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 162 Request for Clerk to issue Summons to Gagne filed by VeroBlue Farms USA Inc. (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 161
ELECTRONIC ORDER dismissing as moot #67 Defendant Keith Driver's 12(b)(6) Motion to Dismiss. (Ordered by Judge Brantley Starr on 9/24/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 160
ELECTRONIC ORDER dismissing as moot #157 Motion for Extension of Time to File Answer. (Ordered by Judge Brantley Starr on 9/24/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 159 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by VeroBlue Farms USA Inc. Summons(es) not requested at this time. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1-8, #2 Exhibit(s) 9-21, #3 Exhibit(s) 22-1 to 22-15, #4 Exhibit(s) 23-27, #5 Exhibit(s) 28-40, #6 Exhibit(s) 41-44) (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 158
ELECTRONIC ORDER GRANTING #102 Motion for Leave to File Amended Complaint. The requesting party must file the Second Amended Complaint on or before September 23, 2019. After the Second Amended Complaint is filed, the Court will be dismissing as moot Third-Party Defendant Alder Aqua Ltds 157 Motion for Extension of Time to File Response/Reply to 66 Answer to Amended Complaint. (Ordered by Judge Brantley Starr on 9/20/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 157 Motion for Extension of Time to File Answer filed by Alder Aqua Ltd re: #66 Answer to Amended Complaint, Third Party Complaint, (Attachments: #1 Proposed Order) Attorney Katharine Battaia Clark added to party Alder Aqua Ltd(pty:3pd) (Clark, Katharine) Modified text on 9/21/2019 (axm). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 156 AFFIDAVIT of Service Upon Third Party Defendant Alder Aqua, Ltd. by Leslie A Wulf. (Buether, Blake) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 155 RESPONSE filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf re: #145 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Pierce, Elisha) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 154 Return of Service for Subpoena served on Suzanne L Pariser, Employment Matters LLC, Flynn Investigations Group on 9/4/2019. (axm) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 153
ORDER GRANTING IN PART AND DENYING IN PART #135 PLAINTIFF'S MOTION TO COMPEL DISCOVERY FROM DEFENDANTS. (Ordered by Magistrate Judge David L. Horan on 9/10/2019) (mcrd) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 152 REPLY filed by VeroBlue Farms USA Inc re: #135 MOTION to Compel Discovery (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 151 Proof of Service for a Subpoena served on Broadmoor Financial L.P. c/o Roy Baker on 8/19/2019. (ykp) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 150
Special Order 3-333: Effective September 3, 2019, the cases listed on Exhibit A to this order are transferred to Judge Brantley Starr's docket and shall henceforth be designated by the suffix letter X. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/27/2019) (cea) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 149 RESPONSE filed by Norman McCowan re: #114 MOTION to Dismiss Third-Party Claims Pursuant to the TCPA (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 148 Appendix in Support filed by Leslie A Wulf re #147 Response/Objection (Buether, Blake) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 147 RESPONSE filed by Leslie A Wulf re: #135 MOTION to Compel Discovery (Buether, Blake) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 146 Proof of Service of Subpoena on Davis Graham & Stubbs LLP; served 8/20/2019. (ndt) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 145 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Bjorn Thelander with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4)Attorney Nicole Leigh Williams added to party Bjorn Thelander(pty:3pd) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 144 AFFIDAVIT of Service for Subpoena served on Amstar Group on 8/20/2019. (epm) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 143 RESPONSE filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf re: #114 MOTION to Dismiss Third-Party Claims Pursuant to the TCPA (Attachments: #1 Exhibit(s) Exhibit A - Klocke v. Watson Opinion) (Pierce, Elisha) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 142 Joint STATUS REPORT Regarding Settlement filed by Bruce A Hall, Norman McCowan, James Rea, John E Rea, VeroBlue Farms USA Inc, Leslie A Wulf. (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 141
ORDER granting in part and denying in part #37 Motion to Quash Subpoenas or for Protective Order. (Ordered by Magistrate Judge David L. Horan on 8/20/2019) (mcrd) [Transferred from Texas Northern on 1/21/2021.]
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Filing 140
ELECTRONIC ORDER: Any response to Plaintiff VeroBlue Farms USA, Inc.'s Motion to Compel Discovery #135 by August 30, 2019, and any reply must be filed by September 6, 2019. (Ordered by Magistrate Judge David L. Horan on 8/19/2019.) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 139 CERTIFICATE OF SERVICE by Bjorn Thelander (Pierce, Elisha) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 138
Order Referring #135 MOTION to Compel Discovery to Magistrate Judge David L. Horan. (Ordered by Judge Sam A. Lindsay on 8/19/2019) (rekc) [Transferred from Texas Northern on 1/21/2021.]
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Filing 137
ELECTRONIC ORDER denying #47 Plaintiff's Motion to Strike Defendant Wulf, Hall, J. Rea, and T. Rea's Reply Brief. This Court's local rules do not prohibit or discourage reply briefs, but motions to strike and unauthorized or disguised sur-replies are disfavored. And motions to strike under Federal Rule of Civil Procedure 12(f) are limited to pleadings, and a reply in support of a discovery motion is not a pleading. The Court will consider the reply #46 in resolving #37 Defendants' Motion to Quash Subpoenas or for Protective Order. (Ordered by Magistrate Judge David L. Horan on 8/17/2019.) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 136 Appendix in Support filed by VeroBlue Farms USA Inc re #135 MOTION to Compel Discovery (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 135 MOTION to Compel Discovery filed by VeroBlue Farms USA Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 134
ORDER OF REFERENCE: Pursuant to 28 U.S.C. 636(b), Defendant's Motion to Quash Subpoenas or for Protective Order (Doc. #37 ), and Plaintiff's Motion to Strike Defendant Wulf, Hall, J. Rea, and T. Reas Reply Brief (Doc. #47 ) are hereby referred to United States Magistrate Judge David L. Horan for hearing, if necessary, and determination. (Ordered by Judge Sam A. Lindsay on 8/1/2019) (ykp) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 133 REPLY filed by Norman McCowan re: #113 Motion to Dismiss for Failure to State a Claim (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 132 REPLY filed by Norman McCowan re: #114 MOTION to Dismiss Third-Party Claims Pursuant to the TCPA (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 131
ELECTRONIC ORDER granting #129 Motion to Extend Time. Accordingly, the deadline for Third-Party Defendant Norman McCowan to reply to the Responses is 7/19/2019. (Ordered by Judge Sam A. Lindsay on 7/16/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 130
ELECTRONIC ORDER granting #125 Motion. Accordingly, Plaintiff may exceed the page limit on its reply by no more than five (5) pages. (Ordered by Judge Sam A. Lindsay on 7/16/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 129 Unopposed MOTION to Extend Time two-day extension filed by Norman McCowan (Attachments: #1 Proposed Amendment) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 128 REPLY filed by VeroBlue Farms USA Inc re: #102 MOTION for Leave to File Amended Complaint (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 127 RESPONSE filed by Keith Driver, Bruce A Hall, James Rea, John E Rea, Leslie A Wulf re: #114 MOTION to Dismiss Third-Party Claims Pursuant to the TCPA (Attachments: #1 Exhibit(s) Exhibit A - Text of Revised TX HB2730) (Pierce, Elisha) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 126 RESPONSE filed by Keith Driver, Bruce A Hall, James Rea, John E Rea, Leslie A Wulf re: #113 Motion to Dismiss for Failure to State a Claim (Pierce, Elisha) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 125 MOTION for leave to exceed page limit in reply in support of #102 Motion for Leave to Amend Amended Complaint filed by VeroBlue Farms USA Inc (Attachments: #1 Proposed Order) (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 124
ELECTRONIC ORDER granting #123 Motion to Extend Time to File Reply. Accordingly, the deadline for Plaintiff to file replies to Defendants' Responses to Plaintiff's Motion to Amend the Complaint is 7/3/2019. (Ordered by Judge Sam A Lindsay on 6/25/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 123 MOTION for Extension of Time to File Response/Reply to #122 Response/Objection, #117 Response/Objection filed by VeroBlue Farms USA Inc (Attachments: #1 Proposed Order) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 122 RESPONSE filed by James Rea re: #102 MOTION for Leave to File Amended Complaint (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 121
MEDIATION ORDER. The parties are to select or designate a mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 5/1/2020. (Ordered by Judge Sam A Lindsay on 6/14/2019) (zkc) [Transferred from Texas Northern on 1/21/2021.]
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Filing 120
SCHEDULING ORDER: This case is set for trial on this court's four-week docket beginning 10/5/2020 before Judge Sam A Lindsay. Joinder of Parties due by 10/1/2019. Amended Pleadings due by 10/1/2019. Motions due by 5/15/2020. Discovery due by 5/1/2020. Pretrial Order due by 9/8/2020. Pretrial Materials due by 9/8/2020. Settlement Status Report due by 8/22/2019. Pretrial Conference set for 10/1/2020 09:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 6/14/2019) (zkc) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 119 REPLY filed by Keith Driver re: #67 Motion to Dismiss for Failure to State a Claim (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 118 Appendix in Support filed by Keith Driver re #117 Response/Objection (Response to VeroBlue Farms USA, Inc.'s Motion for Leave to Amend Its Amended Complaint and Brief in Support) (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 117 RESPONSE filed by Keith Driver re: #102 MOTION for Leave to File Amended Complaint (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 116
ELECTRONIC ORDER granting #115 Motion to Extend Time. Accordingly, the deadline for the Founder Defendants to file responses to both of Third-Party Defendant McCowan's Motions to Dismiss (Docs. 113 and 114) is 7/3/2019. (Ordered by Judge Sam A Lindsay on 6/13/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 115 MOTION for Extension of Time to File Response/Reply to #114 MOTION to Dismiss Third-Party Claims Pursuant to the TCPA, #113 Motion to Dismiss for Failure to State a Claim filed by James Rea (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 114 MOTION to Dismiss Third-Party Claims Pursuant to the TCPA filed by Norman McCowan with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4, #5 Exhibit(s) Exhibit 5)Attorney Nicole Leigh Williams added to party Norman McCowan(pty:3pd) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 113 Motion to Dismiss for Failure to State a Claim filed by Norman McCowan with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5)Attorney Jasmine Selia Wynton added to party Norman McCowan(pty:3pd) (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 112
AGREED PROTECTIVE ORDER (Ordered by Judge Sam A Lindsay on 5/31/2019) (ykp) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 111 Joint MOTION for Protective Order filed by VeroBlue Farms USA Inc (Attachments: #1 Proposed Order) (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 110
ELECTRONIC ORDER granting #109 Motion to Extend Time to File Response. Accordingly, the deadline for Defendants Leslie A. Wulf, Bruce A. Hall, James Rea, and John E. "Ted" Rea to file their response to Plaintiff's Motion for Leave to Amend its Amended Petition is 6/14/2019. (Ordered by Judge Sam A Lindsay on 5/29/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 109 MOTION for Extension of Time to File Response/Reply to #102 MOTION for Leave to File Amended Complaint filed by John E Rea (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 108 Joint STATUS REPORT filed by VeroBlue Farms USA Inc. (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 107
ELECTRONIC ORDER granting #106 Motion to Extend Time to File. Accordingly, the deadline for Defendant to file a reply in support of his Rule 12(b)(6) Motion to dismiss and Response to Plaintiff's Motion for Leave is 6/14/2019. (Ordered by Judge Sam A Lindsay on 5/22/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 106 MOTION for Extension of Time to File Response/Reply to #67 Motion to Dismiss for Failure to State a Claim, #102 MOTION for Leave to File Amended Complaint filed by Keith Driver (Attachments: #1 Proposed Order Order Grnating Agreed Motion to Extend deadline to File Response to Plaintiff's Motion for Leave and Reply in Support of Keith Driver's Rule 12(B)(6) Motion to Dismiss) (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 105 NOTICE of Attorney Appearance by Katherine Rose Beaird on behalf of Keith Driver. (Filer confirms contact info in ECF is current.) (Beaird, Katherine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 104 ADDITIONAL ATTACHMENTS, Corrected Exhibit 22 ( #102 -4), to #102 MOTION for Leave to File Amended Complaint. (Wynton, Jasmine) Modified text on 5/16/2019 (mla). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 103 RESPONSE filed by VeroBlue Farms USA Inc re: #67 Motion to Dismiss for Failure to State a Claim (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 102 MOTION for Leave to File Amended Complaint filed by VeroBlue Farms USA Inc. (Attachments: #1 Exhibit A: Proposed Second Amended Complaint, #2 Exhibits 1 to 8 to Proposed Second Amended Complaint, #3 Exhibits 9 to 21 to Proposed Second Amended Complaint, #4 Exhibits 22-1 to 22-15 to Proposed Second Amended Complaint, #5 Exhibits 23 to 27 to Proposed Second Amended Complaint, #6 Exhibits 28 to 40 to Proposed Second Amended Complaint, #7 Exhibits 41 to 44 to Proposed Second Amended Complaint, #8 Exhibit B - Redline of Proposed Second Amended Complaint Against Amended Complaint, #9 Proposed Order Granting Leave to Amend The Amended Complaint) (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 101
ELECTRONIC ORDER granting #100 Motion to Extend Time. Accordingly, the deadline for Plaintiff Veroblue Farms USA, Inc. to respond to Defendant Keith Driver's Motion to Dismiss is 5/13/2019. The court will allow no further extensions of this deadline. (Ordered by Judge Sam A Lindsay on 5/9/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 100 Unopposed MOTION to Extend Time for Plaintiff VeroBlue Farms USA, Inc.'s Deadline to Respond to #67 Defendant Keith Driver's Motion to Dismiss filed by VeroBlue Farms USA Inc (Attachments: #1 Proposed Order) (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 99 Summons Issued as to Eva Ebstein, Jens Haarkoetter, Otto Happel, Norman McCowan, Bjorn Thelander, Anders Wester. (zkc) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 98 Request for Clerk to issue Summons filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 97 Request for Clerk to issue Summons filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 96 Request for Clerk to issue Summons filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 95 Request for Clerk to issue Summons filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 94 Summons Issued as to Alder Aqua Ltd. (zkc) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 93 Request for Clerk to issue Summons filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 92 Request for Clerk to issue Summons filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 91 Request for Clerk to issue Summons filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 90
ELECTRONIC ORDER terminating as moot #75 Non-Parties SNB Farm Partnership, Grace Nelson, Jeff Nelson, Jerita Nelson, Korinne Nelson, and Mark Nelson's Motion to Sever and Transfer Their Motion to Quash Subpoenas to the United States District Court for the Southern District of Iowa in light of the Court's #89 April 29, 2019 Order. (Ordered by Magistrate Judge David L. Horan on 4/30/2019.) [Transferred from Texas Northern on 1/21/2021.]
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Filing 89
ORDER granting #86 Unopposed Motion to Withdraw Their Motion to Quash Subpoenas or, In the Alternative, Motion for Protective Order Without Prejudice. The court directs the clerk of court to withdraw the #41 Motion to Quash Subpoenas, or, In the Alternative, for Protective Order. (Ordered by Judge Sam A Lindsay on 4/29/2019) (aaa) [Transferred from Texas Northern on 1/21/2021.]
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Filing 88
ELECTRONIC ORDER granting #87 Motion to Extend Time to File Response. Accordingly, the deadline for Plaintiff to Respond to Keith Driver's Motion to Dismiss is 5/8/2019. (Ordered by Judge Sam A Lindsay on 4/29/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 87 MOTION for Extension of Time to File Response/Reply to #67 Motion to Dismiss for Failure to State a Claim filed by VeroBlue Farms USA Inc (Attachments: #1 Proposed Order) (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 86 Unopposed MOTION to Withdraw #41 filed by Grace Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, Mark Nelson, SNB Farms Partnership (Sigwarth, Karl) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 85 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by VeroBlue Farms USA Inc. (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 84
ORDERS VACATING AMENDED SCHEDULING ORDER AND ISSUING STATUS REPORT ORDER Status Report due by 5/23/2019. (Ordered by Judge Sam A Lindsay on 4/23/2019) (rekc) [Transferred from Texas Northern on 1/21/2021.]
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Filing 83
Order Referring #75 MOTION to Sever and Transfer Their Motion to Quash Subpoenas to the United States District Court for the Southern District of Iowa. Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Judge Sam A Lindsay on 4/23/2019) (rekc) [Transferred from Texas Northern on 1/21/2021.]
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Filing 82
ELECTRONIC ORDER granting #65 Application for Admission Pro Hac Vice of Patrick Morales-Doyle. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 4/22/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 81 NOTICE of Attorney Appearance by William L Banowsky on behalf of VeroBlue Farms USA Inc. (Filer confirms contact info in ECF is current.) (Banowsky, William) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 80
ELECTRONIC ORDER granting #78 Motion to Withdraw as Attorney. Accordingly, the court allows Laura Michelle Hyer, Joseph E. Schmall, and the law firm of Bradley & Riley PC to withdraw as counsel for Non-Parties SNB Farm Partnership, Grace Nelson, Jeff Nelson, Jerita Nelson, Korinne Nelson, and Mark Nelson (collectively "SNB Non-Parties"), and they are relieved of any further obligation to or representation of SNB Non-Parties in this case. (Ordered by Judge Sam A Lindsay on 4/22/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 79 EXPEDITED Joint MOTION to Amend/Correct #36 Order, Scheduling Order, Terminate Motions, filed by VeroBlue Farms USA Inc. (Attachments: #1 Proposed Order) (Wynton, Jasmine) Modified on 4/19/2019 to enhance text (dss). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 78 MOTION to Withdraw as Attorney filed by Grace Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, Mark Nelson, SNB Farms Partnership (Sigwarth, Karl) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 77 Appendix in Support filed by Grace Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, Mark Nelson, SNB Farms Partnership re #75 MOTION to Transfer Case out of District/Division (Sigwarth, Karl) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 76 Brief/Memorandum in Support filed by Grace Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, Mark Nelson, SNB Farms Partnership re #75 MOTION to Transfer Case out of District/Division (Sigwarth, Karl) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 75 MOTION to Transfer Case out of District/Division filed by Grace Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, Mark Nelson, SNB Farms Partnership (Sigwarth, Karl) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 74 NOTICE of Attorney Appearance by Karl Sigwarth on behalf of Grace Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, Mark Nelson, SNB Farms Partnership. (Filer confirms contact info in ECF is current.) (Sigwarth, Karl) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 73 RESPONSE filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf re: #47 MOTION to Strike. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 72 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 71 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Keith Driver. (Cheek, R) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 70 ANSWER to #9 Amended Complaint filed by Keith Driver. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Cheek, R) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 69 Appendix in Support filed by Keith Driver re #68 Brief/Memorandum in Support of Motion to Dismiss (Cheek, R) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 68 Brief/Memorandum in Support filed by Keith Driver re #67 Motion to Dismiss for Failure to State a Claim (Cheek, R) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 67 Motion to Dismiss for Failure to State a Claim filed by Keith Driver (Cheek, R) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 66 Defendants' ANSWER to #9 Amended Complaint filed by Bruce A Hall, John E Rea, James Rea, Leslie A Wulf. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., THIRD PARTY COMPLAINT against Eva Ebstein, Jens Haarkoetter, Bjorn Thelander, Anders Wester, Norman McCowan, Otto Happel, Alder Aqua Ltd. filed by Bruce A Hall, John E Rea, James Rea, Leslie A Wulf. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Exhibits A-E to Answer) (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 65 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9909769) filed by VeroBlue Farms USA Inc Attorney Patrick Morales-Doyle added to party VeroBlue Farms USA Inc(pty:pla) (Morales-Doyle, Patrick) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 64
ELECTRONIC ORDER granting #53 Motion to Withdraw as Attorney. Accordingly, attorneys Joseph Foster Moser; Stacie M Codr and Megan Kennedy Marty are withdrawn as counsel for Defendants and they are relieved of any further obligation to or representation of Defendants in this action. (Ordered by Judge Sam A Lindsay on 4/9/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 63 NOTICE of Attorney Appearance by Jasmine Selia Wynton on behalf of VeroBlue Farms USA Inc. (Filer confirms contact info in ECF is current.) (Wynton, Jasmine) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 62 NOTICE of Attorney Appearance by Nicole Leigh Williams on behalf of VeroBlue Farms USA Inc. (Filer confirms contact info in ECF is current.) (Williams, Nicole) [Transferred from Texas Northern on 1/21/2021.] |
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Filing 61
ELECTRONIC ORDER granting #57 Application for Admission Pro Hac Vice of Adam C. Decker. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 4/9/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 60
ELECTRONIC ORDER granting #56 Application for Admission Pro Hac Vice of Eileen Boyle Perich. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 4/9/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 59
ELECTRONIC ORDER granting #55 Application for Admission Pro Hac Vice of Caroline Pritikin. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 4/9/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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Filing 58
ELECTRONIC ORDER granting #54 Application for Admission Pro Hac Vice of Robert H. Lang. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 4/9/2019) (chmb) [Transferred from Texas Northern on 1/21/2021.]
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| Filing 57 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Adam C. Decker (Filing fee $25; Receipt number 0539-9904723) filed by VeroBlue Farms USA Inc Attorney Adam Casey Decker added to party VeroBlue Farms USA Inc(pty:pla) (Decker, Adam) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 56 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Eileen E. Boyle Perich (Filing fee $25; Receipt number 0539-9904715) filed by VeroBlue Farms USA Inc (Boyle Perich, Eileen) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 55 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Caroline Pritikin (Filing fee $25; Receipt number 0539-9904712) filed by VeroBlue Farms USA Inc (Pritikin, Caroline) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 54 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Robert H Lang (Filing fee $25; Receipt number 0539-9904704) filed by VeroBlue Farms USA Inc (Lang, Robert) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 53 MOTION to Withdraw as Attorney filed by Keith Driver, Bruce A Hall, James Rea, John E Rea, Leslie A Wulf Attorney Kimberly DeShano Annello added to party Keith Driver(pty:dft) (Annello, Kimberly) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 52 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (mla) [Transferred from Texas Northern on 1/21/2021.] |
| Filing 51 Case electronically transferred in from District of Iowa Northern; Case Number 3:18-cv-03047. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. [Transferred from Texas Northern on 1/21/2021.] |
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Filing 50
ORDER granting in part and denying in part #19 Motion to dismiss for improper venue or Motion to transfer venue. It is denied as to the motion to dismiss and is granted as to the motion to transfer venue. Granting in part and denying in part #20 Motion to dismiss for failure to state a claim and motion to transfer venue. It is granted as to the motion to transfer venue. This court takes no position on #20 motion to dismiss for failure to state a claim upon which relief may be granted, which is reserved for adjudication by the transferee court. The Clerk shall transfer this entire case to the United States District Court for the Northern District of Texas. Signed by Chief Judge Leonard T Strand on 3/27/2019. (Case electronically transferred to Northern District of Texas) (des) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.]
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| Filing 49 REPLY BRIEF re #41 MOTION to Quash Subpoenas, or, in the alternative, for Protective Order filed by Grace Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, Mark Nelson, SNB Farms Partnership. (Caves, David) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 48 BRIEF in Support re #47 MOTION to Strike #46 Response to Motion re #37 to Quash Subpoenas or for Protective Order filed by VeroBlue Farms USA, Inc. (Lang, Robert) Modified text on 3/25/2019 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 47 MOTION to Strike #46 Response to Motion re #37 Motion to Quash Subpoenas or for Protective Order by Plaintiff VeroBlue Farms USA, Inc. Responses due by 4/5/2019 (Lang, Robert) Modified text on 3/25/2019 (skm).[Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 46 REPLY to #42 Response to Motion re #37 MOTION to Quash filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. (DeShano Annello, Kimberly) Modified text on 3/18/2019 (jjh). Modified to correct link on 3/19/2019 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 45 SUPPLEMENT/ADDENDUM to #44 Resistance to #41 Motion to Quash by VeroBlue Farms USA, Inc (Lang, Robert) Modified text to add link on 3/19/2019 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 44 RESISTANCE to Motion re #41 MOTION to Quash Subpoenas, or, in the alternative, for Protective Order filed by VeroBlue Farms USA, Inc. (Attachments: #1 Exhibit A-F) (Lang, Robert) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 43 NOTICE of Change of Address by Kimberly Marie DeShano Annello (DeShano Annello, Kimberly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 42 Response to Motion re #37 MOTION to Quash Subpoenas or for Protective Order filed by VeroBlue Farms USA, Inc. (Attachments: #1 Exhibit A-F) (Lang, Robert) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Set Deadline: Interested Party SNB Farms Partnership LR 7.1 Disclosure Statement due by 3/31/2019. (skm) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 41 ***DOCUMENT WITHDRAWN PER #89 ORDER*** MOTION to Quash Subpoenas, or, in the alternative, for Protective Order by Movants Grace Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, Mark Nelson, SNB Farms Partnership (Attachments: #1 Brief in Support of Nonparties' Motion to Quash Subpoenas, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Caves, David) [Transferred from Iowa Northern on 3/28/2019.] Modified on 4/29/2019 (aaa). [Transferred from Texas Northern on 1/21/2021.] |
| Filing 40 NOTICE of Appearance by Laura Michelle Hyer on behalf of Grace Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, Mark Nelson, SNB Farms Partnership. (Hyer, Laura) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 39 NOTICE of Appearance by David Michael Caves on behalf of Grace Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, Mark Nelson, SNB Farms Partnership. (Caves, David) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 38 NOTICE of Appearance by Joseph E Schmall on behalf of Grace Nelson, Mark Nelson, Jeff Nelson, Jerita Nelson, Korrine Nelson, SNB Farms Partnership. (Schmall, Joseph) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 37 MOTION to Quash Subpoenas or for Protective Order by Defendants Bruce A Hall, James Rea, John E Rea, Leslie A Wulf (Attachments: #1 Brief in Supp of Motion to Quash, #2 Exhibit GM Subpoena, #3 Exhibit HMB Subpoena, #4 Exhibit Beecher Firm Subpoena, #5 Exhibit Fish Dish Subpoena, #6 Exhibit Turk Subpoena, #7 Exhibit Lockard Subpoena, #8 Exhibit Bank Subpoena, #9 Exhibit Creditors Challenge 12 19 18, #10 Exhibit Equity Challenge 12 20 18, #11 Exhibit Counsel Email 2 22 19, #12 Exhibit Fee Petition Excerpt) (DeShano Annello, Kimberly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
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Filing 36
***VACATED PER #84 ORDER*** ORDER granting #35 Motion to Amend Scheduling Order and Discovery Plan filed by VeroBlue Farms USA, Inc. Add Parties Deadline due by 4/23/2019. Amended Pleadings due by 4/23/2019. Plaintiff's Expert Witnesses due by 5/23/2019. Defendants' Expert Witnesses due by 6/21/2019. Plaintiff's Rebuttal Experts due by 7/22/2019. Discovery due by 10/20/2019. Motions due by 11/20/2019. Trial Ready Deadline 6/22/2020. Signed by Magistrate Judge Mark A Roberts on 12/18/2018. (skm) [Transferred from Iowa Northern on 3/28/2019.] Modified on 4/24/2019 (rekc). [Transferred from Texas Northern on 1/21/2021.]
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| Filing 35 MOTION to Amend/Correct Scheduling Order and Discovery Plan by Plaintiff VeroBlue Farms USA, Inc. (Attachments: #1 Exhibit A) (Lang, Robert) Modified text on 12/17/2018 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
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Filing 34
AMENDED TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial reset for 6/22/2020 9:00 AM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Final Pretrial Conference reset for 6/9/2020 3:00 PM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Proposed Pretrial Order due by 6/6/2020. Signed by Chief Judge Leonard T Strand on 11/26/2018. (src) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.]
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Filing 33
TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for 3/30/2020 9:00 AM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Final Pretrial Conference set for 3/17/2020 3:00 PM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Proposed Pretrial Order due by 3/14/2020. Signed by Chief Judge Leonard T Strand on 11/16/2018. (src) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.]
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Filing 32
SCHEDULING Order and Discovery Plan: Initial Disclosures due date of 11/28/2018 but not filed with the court. Add Parties Deadline due by 12/29/2018. Amended Pleadings due by 12/29/2018. Plaintiffs Expert Witnesses due by 1/29/2019. Defendants Expert Witnesses due by 3/29/2019. Plaintiffs Rebuttal Experts due by 4/29/2019. Discovery due by 6/28/2019. Motions due by 7/31/2019. Trial Ready Deadline 12/30/2019. Signed by Magistrate Judge Mark A Roberts on 11/15/2018. (skm) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.]
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| Filing 31 MINUTE Entry for proceedings held before Magistrate Judge Mark A Roberts: Telephonic Rule 16(b) and 26(f) Scheduling Conference held on 11/14/2018 (Court Reporter FTR Gold). (skm) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 30 REPLY to Response to Motion re #19 MOTION to Dismiss for Improper Venue or Motion to Transfer Venue filed by Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. (Codr, Stacie) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 29 REPLY to Response to Motion re #20 MOTION to Dismiss for Failure to State a Claim and Motion to Transfer Venue filed by Keith Driver. (Attachments: #1 Exhibit) (Codr, Stacie) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
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Filing 28
ORDER Setting Hearing: A telephonic Scheduling Conference is set for 11/14/2018 09:00 AM before Magistrate Judge Mark A Roberts (see text of Order for instructions). Signed by Magistrate Judge Mark A Roberts on 11/5/2018. (skm) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.]
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Filing 27
ORDER denying as moot #21 MOTION for Extension of Time to File Answer to Defendants' Motions to Dismiss and Motion to Stay Joint Scheduling Report. Signed by Magistrate Judge Mark A Roberts on 11/1/18. (dmc) Modified on 11/2/2018 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.]
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| Filing 26 AFFIDAVIT of Norman McCowan re #24 Resistance to #20 Motion to Dismiss by VeroBlue Farms USA, Inc. (Attachments: #1 Exhibit A-1) (Lang, Robert) Modified text to add links on 10/31/2018 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 25 RESISTANCE to Motion re #19 MOTION to Dismiss for Improper Venue or Motion to Transfer Venue and Plaintiff's Motion for Leave to Conduct Discovery filed by VeroBlue Farms USA, Inc. (Attachments: #1 Exhibit A) (Pritikin, Caroline) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 24 RESISTANCE to Motion re #20 MOTION to Dismiss for Failure to State a Claim and Motion to Transfer Venue and Alternative Motion for Leave to Conduct Discovery filed by VeroBlue Farms USA, Inc. (Attachments: #1 Exhibit A) (Lang, Robert) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Case Reassigned to Chief Judge Leonard T Strand and Magistrate Judge Mark A Roberts. No conflicts identified. (des) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
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Filing 23
ORDER granting #18 MOTION for Leave to Appear Pro Hac Vice for Attorney Kimberly Marie DeShano Annello on behalf of Bruce A Hall, James Rea, John E Rea, and Leslie A Wulf. Signed by Magistrate Judge Mark A Roberts on 10/22/2018 (conflicts checked; none found). (skm) Modified text on 10/22/2018 (des) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.]
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Filing 22
ORDER granting #17 MOTION for Leave to Appear Pro Hac Vice for Attorney R. Heath Cheek on behalf of Keith Driver. Signed by Magistrate Judge Mark A Roberts on 10/22/2018 (conflicts checked; none found). (skm) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.]
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| Filing 21 MOTION for Extension of Time to File Answer to Defendants' Motions to Dismiss and Motion to Stay Joint Scheduling Report by Plaintiff VeroBlue Farms USA, Inc (Attachments: #1 Exhibit 1) (Pritikin, Caroline) Modified text on 10/18/2018 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 20 MOTION to Dismiss for Failure to State a Claim and Motion to Transfer Venue by Defendant Keith Driver. (Attachments: #1 Brief, #2 Appendix) (Codr, Stacie) Modified text on 10/16/2018 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 19 MOTION to Dismiss for Improper Venue or Motion to Transfer Venue by Defendants Bruce A Hall, James Rea, John E Rea, Leslie A Wulf. Responses due by 10/29/2018. Check Status on MJ Consent due by 10/29/2018. (Attachments: #1 Brief, #2 Exhibits A, A1-A2, #3 Exhibits B, B-1, #4 Exhibits C, C1-C2, #5 Exhibits D, D1-D2, #6 Exhibit E, #7 Exhibits F1-F3) (Codr, Stacie) Modified text on 10/16/2018 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice for Attorney Kimberly Marie DeShano Annello ( Pro Hac Vice Fee $ 100 receipt number 0862-2793860) by Defendants Bruce A Hall, James Rea, John E Rea, Leslie A Wulf (Attachments: #1 Certificate of Good Standing) (Codr, Stacie) Modified text on 10/22/2018 (des) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice for Attorney R. Heath Cheek ( Pro Hac Vice Fee $ 100 receipt number 0862-2793835) by Defendant Keith Driver (Attachments: #1 Certificate of Good Standing) (Codr, Stacie) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 16 NOTICE of Appearance by Stacie M Codr, Megan Kennedy Marty, and Joseph F. Moser on behalf of All Defendants. (Codr, Stacie) Modified text on 10/16/2018 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Case reassigned to Magistrate Judge Mark A Roberts: Magistrate Judge CJ Williams no longer assigned to the case: No conflicts identified (kfs) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 15 WAIVER OF SERVICE Returned Executed by VeroBlue Farms USA, Inc. Keith Driver waiver sent on 8/20/2018, answer due 10/19/2018. (Logan, Holly) Modified text to correct dates on 8/22/2018 (skm). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 14 WAIVER OF SERVICE Returned Executed by VeroBlue Farms USA, Inc. Leslie A Wulf waiver sent on 8/17/2018, answer due 10/16/2018. (Logan, Holly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 13 WAIVER OF SERVICE Returned Executed by VeroBlue Farms USA, Inc. John E Rea waiver sent on 8/17/2018, answer due 10/16/2018. (Logan, Holly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 12 WAIVER OF SERVICE Returned Executed by VeroBlue Farms USA, Inc. James Rea waiver sent on 8/17/2018, answer due 10/16/2018. (Logan, Holly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 11 WAIVER OF SERVICE Returned Executed by VeroBlue Farms USA, Inc. Bruce A Hall waiver sent on 8/17/2018, answer due 10/16/2018. (Logan, Holly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 10 PURSUANT to Local Rule 7.1 Disclosure Statement by VeroBlue Farms USA, Inc (Lang, Robert) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 9 AMENDED Complaint With Jury Demand against All Defendants, filed by VeroBlue Farms USA, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Logan, Holly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
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Filing 8
ORDER granting #4 Motion for Leave to Appear Pro Hac Vice for Attorney Robert H. Lang, #5 Motion for Leave to Appear Pro Hac Vice for Attorney Caroline Pritikin, #6 Motion for Leave to Appear Pro Hac Vice for Attorney Eileen E. Boyle Perich, and #7 Motion for Leave to Appear Pro Hac Vice for Attorney Renato Mariotti on behalf of VeroBlue Farms USA, Inc. Signed by Chief Magistrate Judge CJ Williams on 8/9/2018 (conflicts checked; none found). (skm) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.]
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| Filing 7 MOTION for Leave to Appear Pro Hac Vice for Attorney Renato Mariotti ( Pro Hac Vice Fee $ 75 receipt number 0862-2750185) by Plaintiff VeroBlue Farms USA, Inc (Attachments: #1 Certificate of Good Standing) (Logan, Holly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for Attorney Eileen E. Boyle Perich ( Pro Hac Vice Fee $ 75 receipt number 0862-2750184) by Plaintiff VeroBlue Farms USA, Inc (Attachments: #1 Certificate of Good Standing) (Logan, Holly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice for Attorney Caroline Pritikin ( Pro Hac Vice Fee $ 75 receipt number 0862-2750176) by Plaintiff VeroBlue Farms USA, Inc (Attachments: #1 Certificate of Good Standing) (Logan, Holly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for Attorney Robert H. Lang ( Pro Hac Vice Fee $ 75 receipt number 0862-2750169) by Plaintiff VeroBlue Farms USA, Inc (Attachments: #1 Certificate) (Logan, Holly) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 3 Summons Issued as to Keith Driver, Bruce A. Hall, James Rea, John E. Rea, Leslie A. Wulf. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: #1 New Case Packet) (jjh) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 2 NOTICE of Assignment to U.S. Magistrate Judge. Check Status Deadline 8/31/2018. (jjh) [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
| Filing 1 COMPLAINT with Jury Demand against Keith Driver, Bruce A. Hall, James Rea, John E. Rea, Leslie A. Wulf (Filing fee $400 receipt number 0862-2744849) filed by VeroBlue Farms USA, Inc. Scheduling Report due by 10/29/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (pac) (Main Document 1 replaced on 8/1/2018 to add case#) (jjh). [Transferred from Iowa Northern on 3/28/2019.] [Transferred from Texas Northern on 1/21/2021.] |
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