Bev-Hub, LLC v. Black Rifle Coffee Company, LLC
Plaintiff: Bev-Hub, LLC
Defendant: Black Rifle Coffee Company, LLC
Case Number: 5:2024cv04057
Filed: June 26, 2024
Court: U.S. District Court for the District of Kansas
Presiding Judge: Angel D Mitchell
Referring Judge: Holly L Teeter
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition For Removal--Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2024 Filing 26 CERTIFIED MAIL RECEIPT returned: Re #25 Letter addressed to Riley County District Court (msb)
July 24, 2024 Filing 25 Letter from USDC to Riley County District Court regarding the remand of case number RL-2024-cv-000119. Mailed via certified mail (certified tracking #9589 0710 5270 0905 6192 50). (mls)
July 24, 2024 Opinion or Order Filing 24 ORDER ADOPTING REPORT AND RECOMMENDATION regarding #21 Report and Recommendation. This case is REMANDED to the District Court of Riley County, Kansas. Signed by District Judge Holly L. Teeter on July 24, 2024. (mls)
July 23, 2024 Filing 23 REDACTION ECF 12 - Defendant's Response to Show Cause Order and ECF 12-1 Defendant's Amended Notice of Removal by Black Rifle Coffee Company, LLC. (Attachments: #1 Exhibit 1)(Herzog, Peter)
July 23, 2024 Opinion or Order Filing 22 ORDER granting #17 defendant Black Rifle Coffee Company's ("BRCC") motion to seal response (ECF #12 , [12-1]) to show-cause order; granting #14 motion to withhold service of unredacted response. BRCC's stated interests in redacting the identities of certain of its LLC sub-members (individuals) might not be very compelling if the issue of complete diversity of citizenship was disputed, but the parties have already agreed, based on unredacted information concerning the parties' citizenship, that they are not diverse and the case must be remanded to state court. See ECF 21. Thus, minutiae about those individuals' identities is immaterial to any substantive issue before the court. This information does not inform the court's decision-making process, so the public interest in the documents is low. Bev-Hub's arguments to the contrary are too conclusory to persuade the court otherwise. Accordingly, the court finds the demonstrated interests of these individuals overcomes the public's qualified right of access to court records. See Helm v. Kansas, 656 F.3d 1277, 1292 (10th Cir. 2011) (recognizing the public's qualified right of access to "the records that inform our decision-making process"); Riker v. Bureau of Prisons, 315 F. App'x 752, 755 (10th Cir. 2009) ("where the documents play only a negligible role in the performance of Article III duties, the weight of the presumption is low and amounts to little more than a prediction of public access absent a countervailing reason"); Sports Rehab Consulting LLC v. Vail Clinic, Inc., No. 1:19-CV-02075-WJM-SBP, 2024 WL 2864169, at *2 (D. Colo. May 9, 2024) ("Because the public interest in access to documents filed with the court is premised upon the public's right to review documents considered by the court in reaching its decisions, there is little public interest in documents that were filed with the court unnecessarily and prove immaterial to the court's decision making process."). The clerk is directed to retain BRCC's response to the show-cause order (ECF 12, 12-1) under seal and remove the provisional designation. BRCC is ordered to file a redacted copy of its response in the public record using the Redacted Document event. Signed by Magistrate Judge Angel D. Mitchell on 7/23/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
July 23, 2024 Filing 21 REPORT AND RECOMMENDATION re #17 CONSENT to Remand by Defendant Black Rifle Coffee Company, LLC. Because the parties agree that the court lacks diversity jurisdiction, the undersigned recommends that the district judge remand this case to Riley County District Court. Objections to R&R due by 8/6/2024. Signed by Magistrate Judge Angel D. Mitchell on July 23, 2024. (mls)
July 22, 2024 Filing 20 RESPONSE by Plaintiff Bev-Hub, LLC re #14 Motion for Order, #17 Motion to Seal or Redact Documents(s), Plaintiff's Response to Defendant's Motion to Serve Redacted Copy of Response to Show Cause Order and Motion to Permanently Seal (Bartels, Todd)
July 18, 2024 Filing 19 CORPORATE DISCLOSURE STATEMENT by Black Rifle Coffee Company, LLC . (Herzog, Peter)
July 18, 2024 Filing 18 MOTION to Dismiss Defendant's Partial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 9(b) by Defendant Black Rifle Coffee Company, LLC (Attachments: #1 Defendant's Memorandum in Support of Partial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 9(b), #2 Declaration of Peter W. Herzog III, #3 Exhibit 1 to Declaration of Peter W. Herzog III, #4 Exhibit 2 to Declaration of Peter W. Herzog III, #5 Exhibit 3 to Declaration of Peter W. Herzog III)(Herzog, Peter)
July 17, 2024 Filing 17 MOTION to Seal or Redact Document(s) #12 PROVISIONALLY SEALED Document, AND CONSENT to Remand by Defendant Black Rifle Coffee Company, LLC (referred to Magistrate Judge Angel D. Mitchell) (Herzog, Peter) Modified title on 7/18/2024 (ca).
July 12, 2024 Filing 16 CORPORATE DISCLOSURE STATEMENT by Bev-Hub, LLC identifying None as corporate parent (Bartels, Todd)
July 12, 2024 Set/Reset Deadlines as to #14 MOTION for Order . Plaintiff's Response deadline is 7/22/2024.(ca)
July 11, 2024 Opinion or Order Filing 15 ORDER re #14 motion for court order permitting defendant to serve only a redacted copy of its response to the show cause order (ECF12, 12-1) on plaintiff's counsel. Plaintiff's response to this motion will be due on July 22, 2024. Because, as a practical matter, the requested order would override the provision in D. Kan. Rule 5.4.2(a) that requires the clerk's office to "grant access to sealed documents to all attorneys who have entered an appearance in the case," the court directs the clerk's office to NOT grant sealed access to ECF 12 (including ECF 12-1) to any attorney until the court rules the motion at ECF 14. Signed by Magistrate Judge Angel D. Mitchell on 7/11/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
July 11, 2024 Filing 14 MOTION for Order by Defendant Black Rifle Coffee Company, LLC (referred to Magistrate Judge Angel D. Mitchell) (Herzog, Peter)
July 11, 2024 Filing 13 NOTICE OF PROPOSED SEALED RECORD by Black Rifle Coffee Company, LLC re #10 Order to Show Cause (Herzog, Peter)
July 11, 2024 Filing 12 PROVISIONALLY SEALED DOCUMENT titled Defendant's Provisionally Sealed Response to Order to Show Cause with Provisionally Sealed Amended Notice of Removal as Exhibit 1 re #10 Order to Show Cause by Defendant Black Rifle Coffee Company, LLC (Attachments: #1 Exhibit 1 - Amended Notice of Removal)(Herzog, Peter)
June 28, 2024 Opinion or Order Filing 10 NOTICE AND ORDER TO SHOW CAUSE. Show Cause Response due by 7/11/2024. Signed by Magistrate Judge Angel D. Mitchell on 6/27/2024. (sz)
June 27, 2024 Filing 11 SUMMONS RETURNED EXECUTED -- Personal Service upon Black Rifle Coffee Company, LLC on 5/28/2024. (ORIGINALLY FILED IN RILEY COUNTY DISTRICT COURT ON 05/29/2024; See Doc. [# 8, page 31] for pleading.) (mls)
June 27, 2024 Filing 9 CERTIFICATE OF SERVICE of Notice to State Court of Removal to Federal Court by Black Rifle Coffee Company, LLC. (Frawley, Rick)
June 27, 2024 Filing 8 STATE COURT RECORDS from District Court of Riley County. (Herzog, Peter)
June 27, 2024 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nac)
June 26, 2024 Filing 7 NOTICE of Declaration of John Miller in Support of Notice of Removal by Black Rifle Coffee Company, LLC re #1 Notice of Removal, (Herzog, Peter)
June 26, 2024 Filing 6 NOTICE of Declaration of John Miller in Support of Notice of Removal by Black Rifle Coffee Company, LLC re #1 Notice of Removal, (Herzog, Peter)
June 26, 2024 Filing 5 NOTICE of Declaration of Michele Gibbons in Support of Notice of Removal by Black Rifle Coffee Company, LLC re #1 Notice of Removal, (Herzog, Peter)
June 26, 2024 Filing 4 NOTICE of Declaration of David Craig Humphreys in Support of Notice of Removal by Black Rifle Coffee Company, LLC re #1 Notice of Removal, (Herzog, Peter)
June 26, 2024 Filing 3 NOTICE of Declaration of Douglas D. Boyette in Support of Notice of Removal by Black Rifle Coffee Company, LLC re #1 Notice of Removal, (Herzog, Peter)
June 26, 2024 Filing 2 CIVIL COVER SHEET by Defendant Black Rifle Coffee Company, LLC. (Herzog, Peter) (Additional attachment(s) added on 6/27/2024: #1 Main Document) (nac). Modified on 6/27/2024 to add correct version of civil cover sheet, incorrect version was blocked from public view. (nac)
June 26, 2024 Filing 1 NOTICE OF REMOVAL from District Court of Riley County, case number RL-2024-000119 Trial location of Topeka ( Filing fee $405, Internet Payment Receipt Number AKSDC-6396971.), filed by Black Rifle Coffee Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Herzog, Peter)

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Defendant: Black Rifle Coffee Company, LLC
Represented By: Peter W. Herzog, III
Represented By: Matthew W. Lytle
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Plaintiff: Bev-Hub, LLC
Represented By: Todd H. Bartels
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