Biomin America, Inc. v. Lesaffre Yeast Corporation et al
| Biomin America, Inc. |
| Anna Crockett, Lesaffre Yeast Corporation and Brett Bell |
| 2:2020cv02109 |
| March 6, 2020 |
| US District Court for the District of Kansas |
| Sam A Crow |
| James P O'Hara |
| Holly L Teeter |
| Contract: Other |
| Both |
Docket Report
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This docket was last retrieved on May 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 48 MEMORANDUM IN SUPPORT of #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint MOTION to Dismiss for Lack of Jurisdiction Amended Complaint by Defendants Brett Bell, Anna Crockett, Lesaffre Yeast Corporation(Holzhueter, Kersten) |
| Filing 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint, MOTION to Dismiss for Lack of Jurisdiction Amended Complaint ( Response deadline 5/19/2020) by Defendants Brett Bell, Anna Crockett, Lesaffre Yeast Corporation (Holzhueter, Kersten) |
| Filing 46 CERTIFICATE OF SERVICE of First Set of Interrogatories and First Requests for Production to Plaintiff by Lesaffre Yeast Corporation. (Holzhueter, Kersten) |
| Filing 45 CERTIFICATE OF SERVICE of First Interrogatories and First Requests for Production to Defendant Crockett by Biomin America, Inc.. (Wissel, Scott) |
| Filing 44 CERTIFICATE OF SERVICE of First Interrogatories and First Requests for Production to Defendant Bell by Biomin America, Inc.. (Wissel, Scott) |
| Filing 43 CERTIFICATE OF SERVICE of First Interrogatories and First Request for Production to Defendant Lesaffre by Biomin America, Inc.. (Wissel, Scott) |
Filing 42
SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 8/17/2020. Discovery deadline 8/14/2020. Proposed Pretrial Order due by 8/21/2020. Final Pretrial Conference set for 9/10/2020 at 9:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Dispositive motion deadline 10/1/2020. Jury Trial set for 6/14/2021 at 9:00 AM in KC Courtroom (Unknown) before District Judge Holly L. Teeter. Signed by Magistrate Judge James P. O'Hara on 4/24/2020. (ss)
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| Filing 41 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SCHEDULING CONFERENCE held on 4/24/2020. (AT&T conference line.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss) |
| Filing 40 CERTIFICATE OF SERVICE of Rule 26(a)(1) Initial Disclosures by Biomin America, Inc.. (Wissel, Scott) |
| Filing 39 CERTIFICATE OF SERVICE of Initial Disclosures by Brett Bell, Anna Crockett, Lesaffre Yeast Corporation. (Holzhueter, Kersten) |
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Filing 38
AGREED PROTECTIVE ORDER. The court finds good cause to enter the order submitted by the parties. The court has added the form Acknowledgment and Agreement to be Bound as Attachment A of the protective order. Signed by Magistrate Judge James P. O'Hara on 4/24/20. (jc)
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Filing 37
ORDER denying as moot and without prejudice Defendants' Motion to Dismiss #32 . Defendants move to dismiss Plaintiff's complaint, arguing that Plaintiff fails to state a plausible claim because the complaint relies on conclusions and allegations made "upon information and belief." Plaintiff recently filed an amended complaint that adds new allegations. Because the motion to dismiss is no longer directed to the operative complaint, the Court denies the motion to dismiss as moot and without prejudice. Defendants may answer or otherwise respond to the amended complaint in accordance with the federal rules. Signed by District Judge Holly L. Teeter on 4/23/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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| Filing 36 AMENDED COMPLAINT against All Defendants, filed by Biomin America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Wissel, Scott) |
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Filing 35
INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/24/2020 at 09:00 AM by Telephone before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 4/20/2020. Rule 26 Initial Disclosures Deadline set for 4/20/2020. All parties and counsel participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference. Signed by Magistrate Judge James P. O'Hara on 4/3/2020. (ss)
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Filing 34
ORDER granting in part and denying in part #10 motion for discovery. See order for details. Signed by Magistrate Judge James P. O'Hara on 4/3/20. (jc)
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| Filing 33 MEMORANDUM IN SUPPORT of #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Brett Bell, Anna Crockett, Lesaffre Yeast Corporation(Holzhueter, Kersten) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Brett Bell, Anna Crockett, Lesaffre Yeast Corporation (Holzhueter, Kersten) |
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Filing 31
MEMORANDUM AND ORDER denying Plaintiff's #8 Motion for Temporary Restraining Order. Signed by District Judge Holly L. Teeter on 3/30/2020. (md)
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| Filing 30 SURREPLY by Defendants Brett Bell, Anna Crockett, Lesaffre Yeast Corporation re: #10 MOTION for Discovery , #8 MOTION for Temporary Restraining Order (Holzhueter, Kersten) |
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Filing 29
Order granting motion for leave #28 . Defendants move for leave to file a surreply to address two areas of new argument and evidence advanced by Plaintiff in the reply. Plaintiff does not oppose this motion so long as Defendants file on or before March 27, 2020. When new evidence or argument is included in a reply, a court may either disregard the new information or give the non-moving party an opportunity to respond. Plaintiff moved for a TRO, and the Court, with agreement from the parties, set an aggressive briefing schedule. The schedule did not include a surreply. To keep this case moving and, if necessary, facilitate the Court's ultimate review, the Court grants the motion. The Court will decide when it rules on the TRO motion whether to disregard any new information in the reply or whether to consider it and the surreply. Signed by District Judge Holly L. Teeter on 3/26/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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| Filing 28 Unopposed MOTION for Leave to file file sur-reply and Memorandum in Support by Defendants Brett Bell, Anna Crockett, Lesaffre Yeast Corporation (Holzhueter, Kersten). |
| Filing 27 SUMMONS RETURNED EXECUTED -- Personal Service by Biomin America, Inc. upon Anna Crockett served on 3/11/2020, answer due 4/1/2020 (Wissel, Scott) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #28 Unopposed MOTION for Leave to file file sur-reply and Memorandum in Support. The motion will be resolved by the District Judge.(md) |
| Filing 26 REPLY TO RESPONSE TO MOTION by Plaintiff Biomin America, Inc. re: #10 MOTION for Discovery , #8 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit List, #2 Exhibit 1 - Declaration of Katelynn Robbins, #3 Exhibit 2 - Declaration of Samuel Clark, #4 Exhibit 3 - Declaration of Susan Dunham, #5 Exhibit 4 - Declaration of Deborah O'Brien, #6 Exhibit 5 - Declaration of Simon Walley)(Wissel, Scott) |
| Filing 25 MEMORANDUM IN OPPOSITION by Defendants Brett Bell, Anna Crockett, Lesaffre Yeast Corporation re #10 MOTION for Discovery , #8 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit List, #2 Affidavit of Brett Bell, #3 Affidavit of Anna Crockett)(Holzhueter, Kersten) |
| Filing 24 MINUTE ENTRY for proceedings held before District Judge Holly L. Teeter: STATUS CONFERENCE held on 3/18/2020. The Court sets the following dates for Plaintiff's #8 MOTION for Temporary Restraining Order: Response deadline is 3/23/2020. Reply deadline is 3/25/2020. The Court will reach out to the parties on or before 3/27/2020 to set an oral argument, if necessary.The Court orders the parties to meet and confer on or before 3/20/2020. The parties are to email chambers with a report on the meet and confer by that same date. (Court Reporter Sherry Harris.) (md) |
| Filing 23 NOTICE of Telephonic Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Status Conference is set for 3/18/2020 at 11:00 AM via CONFERENCE LINE 1-877-411-9748 ACCESS CODE 6895973 before District Judge Holly L. Teeter. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md) |
| Filing 22 SUMMONS RETURNED EXECUTED -- Personal Service by Biomin America, Inc. upon Brett Bell served on 3/12/2020, answer due 4/2/2020 (Wissel, Scott) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by Lesaffre Yeast Corporation identifying None as corporate parent . (Holzhueter, Kersten) |
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Filing 20
ORDER granting #18 Motion to Appear Pro Hac Vice of John R. Remington for Brett Bell, Anna Crockett, Lesaffre Yeast Corporation pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge James P. O'Hara on 3/17/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 19
ORDER granting #17 Motion to Appear Pro Hac Vice of Adam R. Prinsen for Brett Bell, Anna Crockett, Lesaffre Yeast Corporation pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov. Signed by Magistrate Judge James P. O'Hara on 3/17/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 18 MOTION for attorney John R. Remington to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5091965.) by Defendants Brett Bell, Anna Crockett, Lesaffre Yeast Corporation (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form)(Holzhueter, Kersten) |
| Filing 17 MOTION for attorney Adam R. Prinsen to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5091937.) by Defendants Brett Bell, Anna Crockett, Lesaffre Yeast Corporation (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form)(Holzhueter, Kersten) |
| Filing 16 ENTRY OF APPEARANCE by Blake Douglas Smith on behalf of All Defendants. (Smith, Blake) |
| Filing 15 ENTRY OF APPEARANCE by Kersten L. Holzhueter on behalf of All Defendants. (Holzhueter, Kersten) |
| Filing 14 SUMMONS RETURNED EXECUTED -- Personal Service by Biomin America, Inc. upon Lesaffre Yeast Corporation served on 3/12/2020, answer due 4/2/2020 (Wissel, Scott) |
| Filing 13 ***PLEASE DISREGARD. FILED USING INCORRECT EVENT. SEE DE 22 FOR CORRECT FILING*** RETURN OF SERVICE of Summons, Complaint with Exhibits, Motion for Leave to Conduct Limited, Expedited Discovery with exhibits, Motion for Temporary Restraining Order, and Memorandum of Law filed by Plaintiff Biomin America, Inc. (Wissel, Scott) Modified on 3/18/2020 (ca). |
| Filing 12 MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge Holly L. Teeter for all further proceedings. U.S. District Senior Judge Sam A. Crow no longer assigned to case. Entered by Deputy Clerk on 3/10/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(msb) |
| SUMMONS ISSUED as to Brett Bell, Anna Crockett, Lesaffre Yeast Corporation. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca) |
| Filing 11 MEMORANDUM IN SUPPORT of #10 MOTION for Discovery by Plaintiff Biomin America, Inc.(Wissel, Scott) |
| Filing 10 MOTION for Discovery by Plaintiff Biomin America, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Wissel, Scott) |
| Filing 9 MEMORANDUM IN SUPPORT of #8 MOTION for Temporary Restraining Order by Plaintiff Biomin America, Inc.(Wissel, Scott) |
| Filing 8 MOTION for Temporary Restraining Order by Plaintiff Biomin America, Inc. (Attachments: #1 Exhibit 1)(Wissel, Scott) |
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Filing 7
ORDER granting #5 Motion to Appear Pro Hac Vice of Sarah E. Mullen for Biomin America, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov. Signed by Magistrate Judge James P. O'Hara on 3/9/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 6
ORDER granting #4 Motion to Appear Pro Hac Vice of Joy D. McMillen for Biomin America, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov. Signed by Magistrate Judge James P. O'Hara on 3/9/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 5 MOTION for attorney Sarah E. Mullen to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5082806.) by Plaintiff Biomin America, Inc. (Attachments: #1 Affidavit, #2 ECF Registration Form)(Wissel, Scott) |
| Filing 4 MOTION for attorney Joy D. McMillen to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5082796.) by Plaintiff Biomin America, Inc. (Attachments: #1 Affidavit ISO Motion for Leave to Appear Pro Hac Vice - McMillen, #2 ECF Registration Form J. McMillen)(Wissel, Scott) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Biomin America, Inc. identifying none as corporate parent . (Wissel, Scott) |
| Filing 2 CIVIL COVER SHEET by Plaintiff Biomin America, Inc.. (Wissel, Scott) |
| Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-5082716.), filed by Biomin America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wissel, Scott) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Sam A. Crow and Magistrate Judge James P. O'Hara for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) |
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