Niekamp et al. v. Watts Guerra LLP et al.
| Christopher J niekamp, Randall D. Hebrink and Christopher J. Niekamp |
| Watts Guerra, LLP, Bassford Remele, PA, Gustafson Gluek, PLLC, Schwebel Goetz & Sieben PA, Stueve Siegel Hanson LLP, Hare Wynn Newell & Newton LLP, Gray, Ritter & Graham PC, Gray Reed & McGraw PC, Lockridge Grindal Nauen PLLP, Paul McInnes LLP, Mikal C. Watts and Francisco Guerra |
| 2:2024cv02146 |
| April 15, 2024 |
| US District Court for the District of Kansas |
| John W Lungstrum |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| ***Civil Case Terminated Pursuant to DE#48 prior to transfer. (gw) |
| Filing 50 CASE TRANSFERRED IN from District of Ohio Northern; Case Number 3:23-cv-02289. Electronic file certified copy of transfer order and docket sheet received. (sz) |
| Filing 49 Transfer Order by the Judicial Panel on Multidistrict Litigation. In re: MDL No. 2591 In re: Syngenta AG MIR162 Corn Litigation. Case transferred to District of Kansas and assigned to the Honorable John W. Lungstrum. (M,CE) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 48 Notice of Dismissal Under FRCP 41(a)(1) filed by All Plaintiffs. (Weisensell, John) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 47 Return of Service by certified mail executed upon Paul McInnes LLP on 2/21/2024, filed on behalf of All Plaintiffs Related document(s) #19 , #15 , #4 , #1 . (Weisensell, John) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 46 Affidavit of Service by personal service executed upon Schwebel Goetz & Sieben PA on 2/20/2024, filed on behalf of Christopher J. Niekamp Related document(s) #19 , #15 , #4 , #1 . (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 45 Affidavit of Service by personal service executed upon Lockridge Grindal Nauen PLLP on 2/20/2024, filed on behalf of Christopher J. Niekamp Related document(s) #19 , #15 , #4 , #1 . (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 44 FILING ERROR - Wrong Event/Document. Attorney to refile. Subpoena Returned Executed; served upon Schwebel Goetz & Sieben PA by Minnesota Secretary of State on February 20, 2024 filed on behalf of Christopher J. Niekamp Related document(s) #4 , #19 , #15 , #1 . (Nill, Douglas) Modified on 2/26/2024 (S,DM). [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 43 FILING ERROR - Wrong Event/Document. Attorney to refile. Subpoena Returned Executed; served upon Lockridge Grinal Nauen PLLP by Minnesota Secretary of State on February 20, 2024 filed on behalf of Christopher J. Niekamp Related document(s) #4 , #19 , #15 , #1 . (Nill, Douglas) Modified on 2/26/2024 (S,DM). [Transferred from Ohio Northern on 4/15/2024.] |
Filing 42
ORDER. Initial Zoom Conference held on January 30, 2024. Plaintiff's Motion for Leave to File a Motion for Declaratory and Summary Judgment #39 is denied without prejudice. All legal filings are stayed until the Multidistrict Litigation (MDL) Panel returns a ruling on the pending Motions. Counsel shall file a Joint Status Report proposing next steps and scheduling a Status Conference with this Court following the MDL Panel's ruling. Counsel shall also notify this Court of any MDL decisions in the interim. See Order for additional details. Judge Jack Zouhary on 2/5/2024. (30 mins) (V,S) [Transferred from Ohio Northern on 4/15/2024.]
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| Filing 41 Marginal Entry Order granting #37 Motion for appearance pro hac vice by attorney John W. Ursu for Gray Reed & McGraw PC,John W. Ursu for Hare Wynn Newell & Newton LLP. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 1/29/2024. (Attachments: #1 ACTL Code of Conduct) (V,S) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 40 Notice of Filing Motion to Enforce Final Order and Judgment and Brief in Support Thereof filed by Gray Reed & McGraw PC, Gray, Ritter & Graham PC, Hare Wynn Newell & Newton LLP, Stueve Siegel Hanson LLP. (Attachments: #1 Exhibit MDL Motion to Enforce)(Kowalski, Gerald) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 39 Motion for leave to file a motion for declaratory and summary judgment and request for a hearing filed by Plaintiff Christopher J. Niekamp. Related document(s) #15 , #5 . (Attachments: #1 Affidavit Declaration of Douglas J. Nill, #2 Exhibit 1 Email dated 1/16/24, #3 Exhibit 2 Motion for Declaratory and Summary Judgment, #4 Exhibit 3 Letter One, #5 Exhibit 4 Letter dated 1/26/24 from Stinson LLP, #6 Exhibit 5 Pacer Transaction Receipt)(Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 38 Notice of Tag-Along Motion to Transfer filed by Bassford Remele PA, Francisco Guerra, Gustafson Gluek PLLC, Mikal C. Watts, Watts Guerra LLP. (Attachments: #1 Motion to Transfer, #2 Memorandum of Law In Support of Defendants' Motion to Transfer, #3 Schedule of Actions, #4 Certificate of Service and Service List, #5 Docket Sheet and Amended Class Action Complaint, #6 Amended Certificate of Service and Service List)(Goodman, Christopher) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 37 Motion for attorney John W. Ursu to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12377159, filed by Gray Reed & McGraw PC, Hare Wynn Newell & Newton LLP. (Attachments: #1 Affidavit Declaration in Support of Motion for Pro Hac Vice Admission of John W. Ursu)(Skow, Sarah) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 36 Marginal Entry Order granting #32 Motion for appearance pro hac vice by attorney Douglas R. Dalgleish for Gray, Ritter & Graham PC and Stueve Siegel Hanson LLP. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 1/25/2024. (Attachments: #1 ACTL Code of Conduct) (V,S) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 35 Marginal Entry Order granting #31 Motion for appearance pro hac vice by attorney Courtney J. Harrison for Gray, Ritter & Graham PC and Stueve Siegel Hanson LLP. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 1/25/2024. (Attachments: #1 ACTL Code of Conduct) (V,S) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 34 Supplement Declaration to Motion for attorney Douglas R. Dalgleish to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12373505 filed by Gray, Ritter & Graham PC, Stueve Siegel Hanson LLP. Related document(s) #32 . (Skow, Sarah) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 33 Supplemental Declaration in support of #31 Motion for attorney Courtney J. Harrison to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12373493, filed by Gray, Ritter & Graham PC, Stueve Siegel Hanson LLP. (Skow, Sarah) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 32 Motion for attorney Douglas R. Dalgleish to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12373505, filed by Gray, Ritter & Graham PC, Stueve Siegel Hanson LLP. (Attachments: #1 Declaration of Douglas R. Dalgleish)(Skow, Sarah) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 31 Motion for attorney Courtney J. Harrison to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12373493, filed by Gray, Ritter & Graham PC, Stueve Siegel Hanson LLP. (Attachments: #1 Declaration of Courtney Harrison)(Skow, Sarah) [Transferred from Ohio Northern on 4/15/2024.] |
| NOTICE [non-document] of Initial Zoom Conference set for Tuesday, January 30, 2024 at 1 PM (EST) before Judge Jack Zouhary. A Zoom invitation will be sent to counsel by email. No dispositive motions shall be filed prior to the Initial Telephone Conference. (V,S) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 30 Affidavit/Declaration of Service filed by Christopher J. Niekamp. Related document(s) #28 . (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 29 Marginal Entry Order granting #27 Motion for appearance pro hac vice by attorney Christopher L. Goodman for Francisco Guerra, Mikal C. Watts, and Watts Guerra LLP. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 1/8/2024. (Attachments: #1 ACTL Code of Conduct) (V,S) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 28 Application to Clerk for entry of default against Defendants Watts Guerra LLP, Bassford Remele PA, Gustafson Gluek PLLC, Stueve Siegel Hanson LLP, Mikal C. Watts, and Francisco Guerra filed by Christopher J. Niekamp. (Attachments: #1 Affidavit Declaration of Douglas J Nill, #2 Exhibit 1, #3 Proposed Order)(Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
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ORDER [non-document] denying #28 Plaintiffs' Application for Clerk's Entry of Default. See Civil Case Management Procedures, Doc. #5 at 1. Judge Jack Zouhary on 1/8/2024. (V,S) [Transferred from Ohio Northern on 4/15/2024.]
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| Filing 27 Motion for attorney Christopher L. Goodman to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12340675, filed by Francisco Guerra, Mikal C. Watts, Watts Guerra LLP. (Attachments: #1 Exhibit A - Declaration of Christopher L. Goodman)(Hudson, David) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 26 Waiver of Service Returned Executed by Christopher J. Niekamp. Hare Wynn Newell & Newton LLP waiver sent on 12/5/2023, answer due 2/5/2024 filed on behalf of Christopher J. Niekamp (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 25 Notice Of Filing Opposition To Notice Of Potential Tag-Along filed by Christopher J. Niekamp. (Attachments: #1 Exhibit Opposition To Notice Of Potential Tag-Along)Related document(s) #20 .(Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 24 Marginal Entry Order granting #17 Motion for appearance pro hac vice by attorney Michael M. Lafeber for Gustafson Gluek PLLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 12/27/2023. (Attachments: #1 ACTL Code of Conduct) (V,S) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 23 Attorney Appearance by Holly M. Wilson filed by on behalf of Bassford Remele PA. (Wilson, Holly) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 22 Attorney Appearance as Co-Counsel by David R. Hudson filed by on behalf of Francisco Guerra, Mikal C. Watts, Watts Guerra LLP. (Hudson, David) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 21 Affidavit/Declaration of Service filed by Christopher J. Niekamp. Related document(s) #19 , #15 . (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 20 Notice of Tag-Along Action filed by Gray, Ritter & Graham PC, Hare Wynn Newell & Newton LLP, Reed & McGraw PC, Stueve Siegel Hanson LLP. (Attachments: #1 Exhibit Notice of Tag-Along Action)(Kowalski, Gerald) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 19 Affidavit/Declaration of Expert Review -- Minn. Stat. 544.42 filed by Christopher J. Niekamp. Related document(s) #15 , #4 , #1 . (Attachments: #1 Exhibit Expert Letter Opinion, #2 Exhibit Expert Report, #3 Exhibit Affidavit Identifying Expert, #4 Exhibit Supplemental Expert Report, #5 Exhibit Joint Prosecution Agreement, #6 Exhibit Minnesota Participation Agreemente)(Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 18 Attorney Appearance by Gerald R. Kowalski and Sarah K. Skow filed by on behalf of Gray, Ritter & Graham PC, Hare Wynn Newell & Newton LLP, Reed & McGraw PC, Stueve Siegel Hanson LLP. (Kowalski, Gerald) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 17 Motion for attorney Michael M. Lafeber to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12328421, filed by Defendant Gustafson Gluek PLLC. (Attachments: #1 Exhibit A - Declaration of Michael M. Lafeber)(Gebolys, Jozeff) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 16 Attorney Appearance by John C. Weisensell filed by on behalf of All Plaintiffs. (Weisensell, John) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 15 Amended complaint against All Defendants. Filed by Christopher J. Niekamp. (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 14 Waiver of Service Returned Executed by Christopher J. Niekamp. Gray, Ritter & Graham PC waiver sent on 12/5/2023, answer due 2/5/2024 filed on behalf of Christopher J. Niekamp (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 13 Waiver of Service Returned Executed by Christopher J. Niekamp. Reed & McGraw PC waiver sent on 12/5/2023, answer due 2/5/2024 filed on behalf of Christopher J. Niekamp (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 12 Affidavit of Service by personal service executed upon Watts Guerra LLP on 12/7/2023, filed on behalf of Christopher J. Niekamp Related document(s) #4 , #1 . (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 11 Affidavit of Service by personal service executed upon Stueve Siegel Hanson LLP on 12/6/2023, filed on behalf of Christopher J. Niekamp Related document(s) #4 , #1 . (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 10 Affidavit of Service by personal service executed upon Mikal C. Watts on 12/15/2023, filed on behalf of Christopher J. Niekamp Related document(s) #4 , #1 . (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 9 Affidavit of Service by personal service executed upon Gustafson Gluek PLLC on 12/5/2023, filed on behalf of Christopher J. Niekamp Related document(s) #4 , #1 . (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 8 Affidavit of Service by personal service executed upon Francisco Guerra on 12/7/2023, filed on behalf of Christopher J. Niekamp Related document(s) #4 , #1 . (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 7 Affidavit of Service by personal service executed upon Bassford Remele PA on 12/5/2023, filed on behalf of Christopher J. Niekamp Related document(s) #4 , #1 . (Nill, Douglas) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 6 Marginal Entry Order granting #3 Motion for appearance pro hac vice by attorney Douglas J. Nill for Randall D. Hebrink and Christopher J. Niekamp. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 12/11/2023. (Attachments: #1 ACTL Code of Conduct)(D,L) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 5 Civil Case Management Procedures Order. Judge Jack Zouhary on 11/30/2023. (R,EM) [Transferred from Ohio Northern on 4/15/2024.] |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a).After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (R,EM) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 4 Affidavit of Expert Review filed by Randall D. Hebrink, Christopher J. Niekamp. (Attachments: #1 Cover Letter from Expert, #2 Expert Report, #3 Affidavit Identifying Expert, #4 Supplemental Report, #5 Amended and Restated Joint Prosecution Agreement, #6 E-mail re: Litigation Joint Prosecution Agreement, #7 E-mail re: MDL filed cases)(R,EM) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 3 Motion for attorney Douglas J. Nill to Appear Pro Hac Vice. Filing fee $120, receipt number 14070, filed by Randall D. Hebrink, Christopher J. Niekamp. Related document(s) #1 . (Attachments: #1 Affidavit of Douglas J. Nill, #2 Certificate of Good Standing)(R,EM) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Watts Guerra LLP, Bassford Remele PA, Gustafson Gluek PLLC, Schwebel Goetz & Sieben PA, Stueve Siegel Hanson LLP, Hare Wynn Newell & Newton LLP, Gray, Ritter & Graham PC, Reed & McGraw PC, Lockridge Grindal Nauen PLLP, Paul McInnes LLP, Mikal C. Watts, and Francisco Guerra. (Attachments: #1 Magistrate Consent Form) (R,EM) [Transferred from Ohio Northern on 4/15/2024.] |
| Filing 1 Class Action Complaint for Declaratory and Injunctive Relief and Damages with Table of Contents and Jury Demand against All Defendants. Filing fee paid. $402.00. Receipt #14069. Filed by Randall D. Hebrink, Christopher J. Niekamp. (Attachments: #1 Civil Cover Sheet, #2 Summons) (R,EM) [Transferred from Ohio Northern on 4/15/2024.] |
| Judge Jack Zouhary assigned to case. (R,EM) [Transferred from Ohio Northern on 4/15/2024.] |
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