American Trading International, Inc. v. MCF Operating, LLC
Plaintiff: American Trading International, Inc.
Defendant: MCF Operating, LLC and Does 1 through 20, inclusive
Case Number: 4:2019cv00307
Filed: September 25, 2019
Court: US District Court for the Southern District of Iowa
Presiding Judge: Celeste F Bremer
Referring Judge: John A Jarvey
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2019 Chief Judge John A. Jarvey and Magistrate Judge Celeste F. Bremer added. (slg)
September 25, 2019 Filing 36 Case transferred in from District of California Central; Case Number 2:19-cv-05851. Original file certified copy of transfer order and docket sheet received.
September 24, 2019 Opinion or Order Filing 35 MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT MCF OPERATING, LLC D/B/A MRS. CLARK'S FOODS' RULE 12(b)(2) AND 12(b)(6) MOTIONS TO DISMISS, OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) [filed 8/21/19; Docket No. #27 ] by Judge John F. Walter. Defendants Motion is GRANTED in part and DENIED in part. The Court GRANTS Defendant's Motion to the extent it seeks to transfer this action to the United States District Court for the Southern District of Iowa. This action is hereby TRANSFERRED to the United States District Court for the Southern District of Iowa. In light of the transfer of this action to the Southern District of Iowa, the Court DENIES as moot Defendant's Motion to the extent it seeks to dismiss for lack of personal jurisdiction and DENIES without prejudice Defendant's Motion to the extent it seeks to dismiss claims pursuant to Rule 12(b)(6). Case transferred electronically. (MD JS-6. Case Terminated) (iv)
September 20, 2019 Opinion or Order Filing 34 MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANT MCF OPERATING, LLC D/B/A MRS. CLARK'S FOODS' RULE 12(b)(2) AND 12(b)(6) MOTIONS TO DISMISS, OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) [filed 8/21/19; Docket No. #27 ] by Judge John F. Walter. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for September 23, 2019 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
September 11, 2019 Filing 33 NOTICE OF LODGING filed re Plaintiff's Proposed Statement of Decision re NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the alternative NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, Southern District of Iowa #27 (Attachments: #1 Statement of Decision)(Widger, Thomas)
September 11, 2019 Filing 32 NOTICE OF LODGING filed re MCF Operating LLC's Proposed Statement of Decision re NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the alternative NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, Southern District of Iowa #27 (Attachments: #1 Proposed Statement of Decision)(Davidson, Zachary)
September 9, 2019 Filing 31 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the alternative NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, Southern District of Iowa #27 filed by Defendant MCF Operating, LLC. (Davidson, Zachary)
September 3, 2019 Filing 30 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the alternative NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, Southern District of Iowa #27 filed by Plaintiff American Trading International, Inc.. (Attachments: #1 Declaration of Seth Wilen, #2 Proposed Order)(Widger, Thomas)
August 26, 2019 Filing 29 Text Entry Order: Plaintiff has been aware of the grounds for the pending Motion to Dismiss since August 7, 2019 when defendant filed the identical Motion and the additional 7-3 conference (see declaration of Thomas Widgen docket no. #25 ). Asa a result, plaintiff has had almost a month to prepare an opposition and there has been no showing of good cause for the requested continuance. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY Modified on 8/27/2019 (sr).
August 23, 2019 Filing 28 Joint STIPULATION to Continue Hearing on Defendant's Motions in Response to the Complaint from September 23, 2019 to October 21, 2019 Re: NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the alternative NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, Southern District of Iowa #27 filed by plaintiff American Trading International, Inc.. (Attachments: #1 Declaration of Thomas A. Widger, #2 Proposed Order)(Widger, Thomas)
August 21, 2019 Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Case , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the alternative, NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, Southern District of Iowa filed by defendant MCF Operating, LLC. Motion set for hearing on 9/23/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Julie Southwick, #2 Exhibit A to Declaration of Julie Southwick, #3 Proposed Order) (Davidson, Zachary)
August 19, 2019 Filing 26 DECLARATION of Nicholas A. Gowen NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , or, in the alternative, NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, Southern District of Iowa #21 filed by Defendant MCF Operating, LLC. (Davidson, Zachary)
August 19, 2019 Filing 25 DECLARATION of Thomas A. Widger Regarding Meet and Confer Re: NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , or, in the alternative, NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, Southern District of Iowa #21 filed by Plaintiff American Trading International, Inc.. (Widger, Thomas)
August 9, 2019 Filing 24 Text Entry Order: Defendant MCF Operating, LLC d/b/a Mrs. Clarks Foods Rule 12(b)(2) and 12(b)(6) Motions to Dismiss, or in the Alternative, Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a), filed on August 7, 2019 (Docket No. #21 ), are STRICKEN for failure to comply with Local Rule 7-3, which requires the conference of counsel to take place at least seven days prior to the filing of the Motion, and paragraph 5(b) of the Court's July 10, 2019 Standing Order, which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. If Defendant wishes to re-file the Motions, lead counsel shall meet and confer in person by August 16, 2019. If the parties cannot resolve the issues raised in the Motions, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion remains necessary, it shall not be filed until 2 days after each party files the declaration required by this Order.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
August 8, 2019 Filing 23 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , or, in the alternative, NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, Southern District of Iowa #21 (Attachments: #1 Proposed Order [Proposed] Order re Motion to Dismiss or Transfer)(Davidson, Zachary)
August 8, 2019 Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #21 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv)
August 7, 2019 Filing 21 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss Case , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , or, in the alternative,, NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, Southern District of Iowa filed by Defendant MCF Operating, LLC. Motion set for hearing on 9/9/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Julie Southwick, #2 Exhibit A to Declaration of Julie Southwick) (Davidson, Zachary) Modified on 8/9/2019 (sr).
August 5, 2019 Opinion or Order Filing 20 SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 7/2/2020 at 10:00 AM. Hearing on Motions in Limine; Hearing on Disputed Jury Instructions set for 7/10/2020 at 10:00 AM. Jury Trial set for 7/21/2020 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
August 5, 2019 Opinion or Order Filing 19 ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on August 12, 2019 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: March 2, 2020. The Joint Report re: Results of Settlement Conference due on: March 6, 2020. (iv)
August 2, 2019 Filing 18 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Defendant MCF Operating, LLC(Davidson, Zachary)
August 2, 2019 Filing 17 STATUS REPORT of Rule 26(f) filed by Defendant MCF Operating, LLC. (Attachments: #1 Exhibit Exhibit A - ESI Guidelines)(Davidson, Zachary)
August 2, 2019 Filing 16 CERTIFICATE of Interested Parties filed by Plaintiff All Plaintiffs, identifying American Trading International, Inc.; Seth M. Wilen. (Widger, Thomas)
August 2, 2019 Filing 15 AMENDED CERTIFICATION AND NOTICE of Interested Parties filed by Defendant MCF Operating, LLC, identifying MCF Acquisition, LLC, Mark Hoppe, Matthew Hoppe, Grant Hoppe, Jordan Hoppe, Jason Reynolds, and Pam Wood. (Davidson, Zachary)
July 17, 2019 Opinion or Order Filing 14 ORDER by Judge John F. Walter: granting #11 Non-Resident Attorney Eric P VanderPloeg APPLICATION to Appear Pro Hac Vice on behalf of MCF Operating, LLC, designating Jeffrey J Zuber as local counsel. (lom)
July 17, 2019 Opinion or Order Filing 13 ORDER by Judge John F. Walter: granting #12 Non-Resident Attorney Nicholas A Gowen APPLICATION to Appear Pro Hac Vice on behalf of MCF Operating, LLC, designating Jeffrey J Zuber as local counsel. (lom)
July 16, 2019 Filing 12 APPLICATION of Non-Resident Attorney Nicholas A. Gowen to Appear Pro Hac Vice on behalf of Defendant MCF Operating, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24092544) filed by Defendant MCF Operating, LLC. (Attachments: #1 Proposed Order ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE) (Zuber, Jeffrey)
July 16, 2019 Filing 11 APPLICATION of Non-Resident Attorney Eric P. VanderPloeg to Appear Pro Hac Vice on behalf of Defendant MCF Operating, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24092494) filed by Defendant MCF Operating, LLC. (Attachments: #1 Proposed Order PROPOSED ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE) (Zuber, Jeffrey)
July 10, 2019 Filing 10 STIPULATION Extending Time to Answer the complaint as to MCF Operating, LLC answer now due 8/7/2019, re Complaint - (Discovery) filed by Defendant MCF Operating, LLC.(Davidson, Zachary)
July 10, 2019 Filing 9 PROOF OF SERVICE filed by Defendant MCF Operating, LLC, on plaintiff (by mail) of Notice of Removal, Civil Cover Sheet, Certification and Notice of Interested Parties, Notice of Assignment to United States Judges, and Notice to Parties of Court-Directed ADR Program served on July 9, 2019. (Zuber, Jeffrey)
July 10, 2019 Filing 8 Certificate of Service and Filing of Notice to State Court and to Plaintiff of Removal to the United States District Court filed by Defendant MCF Operating, LLC re: Notice of Removal (Attorney Civil Case Opening), #1 (Zuber, Jeffrey)
July 10, 2019 Opinion or Order Filing 7 MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for August 12, 2019 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before August 2, 2019. (iv)
July 10, 2019 Opinion or Order Filing 6 STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
July 9, 2019 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
July 9, 2019 Filing 4 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Paul L. Abrams. (jtil)
July 8, 2019 CONFORMED COPY OF COMPLAINT filed by Plaintiff American Trading International, Inc. in Los Angeles Superior Court on 6/6/2019, attached as Exhibit A. (jtil)
July 8, 2019 Filing 3 Certification of Interested Parties (Zuber, Jeffrey)
July 8, 2019 Filing 2 CIVIL COVER SHEET filed by Defendant MCF Operating, LLC. (Zuber, Jeffrey)
July 8, 2019 Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 19STCV19757 Receipt No: 0973-24045113 - Fee: $400, filed by Defendant MCF Operating, LLC. (Attachments: #1 Exhibit A) (Attorney Jeffrey J Zuber added to party MCF Operating, LLC(pty:dft))(Zuber, Jeffrey)

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Plaintiff: American Trading International, Inc.
Represented By: Thomas A Widger
Represented By: Thomas P. Lenihan
Represented By: Thomas A. Widger
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Defendant: MCF Operating, LLC
Represented By: Zachary Stephens Davidson
Represented By: Jeffrey J Zuber
Represented By: Nicholas A Gowen
Represented By: Eric P VanderPloeg
Represented By: Nicholas A. Gowen
Represented By: James W. White
Represented By: Rebecca A. Brommel
Represented By: Eric P. VanderPloeg
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Defendant: Does 1 through 20, inclusive
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