Western Agricultural Insurance Company et al v. Deere & Company
Plaintiff: Farm Bureau Property and Casualty Insurance Company and Western Agricultural Insurance Company
Defendant: Deere & Company and Deere & Company doing business as John Deere
Case Number: 6:2019cv01143
Filed: May 30, 2019
Court: US District Court for the District of Kansas
Presiding Judge: Eric F Melgren
Referring Judge: Angel D Mitchell
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 27, 2019 Filing 33 STIPULATION OF DISMISSAL /Joint Stipulation of Dismissal with Prejudice by Deere & Company. (Ricke, Andrew)
November 27, 2019 ***Civil Case Terminated per #33 Joint Stipulation of Dismissal with Prejudice. (mam)
October 28, 2019 Opinion or Order Filing 32 ORDER: The Court has received email communication from counsel that this case has settled. The parties shall have up to and including 12/2/2019 in which to either file a Stipulation of Dismissal, referring to the appropriate section(s) of Rule 41, and signed by all parties - the signature of the Judge is not required - the filing of the Stipulation will automatically close the Court's file in this matter and nothing further is required; OR to file a Motion to Dismiss referring to the appropriate section(s) of Rule 41, signed by all parties, and a proposed Order submitted to chambers email account, in WORD format, for the Judge to review. The filing of the Order will close the Court's file in this matter. Signed by District Judge Eric F. Melgren on 10/28/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(cm)
October 15, 2019 Filing 31 NOTICE OF INTENT TO ISSUE SUBPOENA by Deere & Company Subpoena to be issued to: William Brand Rackley and Joshua Schwindt to Each to Testify and to Produce Documents (Daniel, Peter)
October 14, 2019 Filing 30 NOTICE OF INTENT TO ISSUE SUBPOENA by Deere & Company Subpoena to be issued to: William Brand Rackley and Joshua Schwindt to Each to Testify and to Produce Documents (Daniel, Peter)
October 11, 2019 Filing 29 JOINT MEDIATION NOTICE - Mediation to be held December 4, 2019 by Deere & Company (Daniel, Peter)
October 8, 2019 Opinion or Order Filing 28 FIRST AMENDED SCHEDULING ORDER: Defendant's expert disclosures due 11/29/19; Rebuttal expert disclosures due 12/31/19. All other provisions of the original scheduling order shall remain in effect. See order for details. Signed by Magistrate Judge Angel D. Mitchell on 10/8/19. (msb)
October 8, 2019 Filing 27 NOTICE OF INTENT TO ISSUE SUBPOENA by Deere & Company Subpoena to be issued to: Brand Ruckley /Subpoenas to Produce Documents and for Deposition (Attachments: #1 Exhibit Composite Exhibit A)(Ricke, Andrew)
October 8, 2019 Filing 26 MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: DISCOVERY HEARING held on 10/8/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
October 8, 2019 Filing 25 NOTICE OF INTENT TO ISSUE SUBPOENA by Deere & Company Subpoena to be issued to: Bruce Olsen, David Light and BNO Customer Harvesting, LLC for Document Productions and Depositions (Attachments: #1 Exhibit Composite Exhibit A)(Ricke, Andrew)
October 1, 2019 Filing 24 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Discovery Conference set for 10/8/2019 at 01:30 PM via Telephone (ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627) before Magistrate Judge Angel D. Mitchell. (ht)
September 27, 2019 Filing 23 NOTICE OF ENDORSEMENT by Western Agricultural Insurance Company of Plaintiffs' Expert Witnesses (Powell, Marc)
August 29, 2019 Opinion or Order Filing 22 PROTECTIVE ORDER. The parties shall abide by the terms of the attached order. Signed by Magistrate Judge Angel D. Mitchell on 8/29/19. (ks)
August 27, 2019 Filing 21 MOTION for Protective Order [Agreed] by Defendant Deere & Company (referred to Magistrate Judge Angel D. Mitchell) (Daniel, Peter)
August 27, 2019 Filing 20 DESIGNATION OF COMPARATIVE FAULT by Defendant Deere & Company. (Daniel, Peter)
August 13, 2019 Filing 19 MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: SCHEDULING CONFERENCE held on 8/13/2019. Plaintiff appeared through counsel Marc Powell. Defendant appeared through counsel Peter Daniel. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
August 13, 2019 Opinion or Order Filing 18 SCHEDULING ORDER: estimated trial time 5 days. Discovery deadline 1/17/2020. Dispositive motion deadline 2/14/2020. Mediation deadline 12/11/2019. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 10/11/2019. Proposed Pretrial Order due by 1/22/2020. Final Pretrial Conference set for 1/29/2020 at 09:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Signed by Magistrate Judge Angel D. Mitchell on 8/13/2019. (jal)
August 6, 2019 Filing 17 CERTIFICATE OF SERVICE of Rule 26(a)(1) Initial Disclosures by Deere & Company. (Daniel, Peter)
August 6, 2019 Filing 16 CORPORATE DISCLOSURE STATEMENT by Deere & Company . (Daniel, Peter)
July 10, 2019 Opinion or Order Filing 15 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 8/13/2019 at 02:30 PM in Topeka Courtroom 470 (ADM) before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 7/23/2019. Rule 26 Initial Disclosures Deadline set for 8/6/2019. Proposed Scheduling Order Deadline 8/6/2019. Signed by Magistrate Judge Angel D. Mitchell on 7/10/2019. (ht)
July 10, 2019 Filing 14 REPLY TO RESPONSE TO MOTION by Defendant Deere & Company re: #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Daniel, Peter)
June 27, 2019 Filing 13 RESPONSE by Plaintiffs Farm Bureau Property and Casualty Insurance Company, Western Agricultural Insurance Company re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Powell, Marc)
June 21, 2019 Opinion or Order Filing 12 ORDER granting #10 Motion to Appear Pro Hac Vice of Niels P. Murphy for Deere & Company 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 Angel D. Mitchell on 6/20/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)
June 21, 2019 Opinion or Order Filing 11 ORDER granting #9 Motion to Appear Pro Hac Vice of Lawton R. Graves for Deere & Company 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 Angel D. Mitchell on 6/20/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)
June 20, 2019 Filing 10 MOTION for attorney Niels Patrick Murphy to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4843547.) by Defendant Deere & Company. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Ricke, Andrew)
June 20, 2019 Filing 9 MOTION for attorney Lawton Randolph Graves to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4843535.) by Defendant Deere & Company. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Ricke, Andrew)
June 7, 2019 Opinion or Order Filing 8 ORDER denying #7 Defendant Deere & Company's Motion for Enlargement of Time to File Answer to Plaintiffs' Complaint. Pursuant to Fed. R. Civ. P. 12(a)(4)(A), a party who has filed a motion under Rule 12 is automatically allowed up to 14 days after notice of the court's denial of the motion to file a responsive pleading. Therefore, no motion for extension of time to answer plaintiffs' complaint is required while defendant's motion to dismiss is pending. Signed by Magistrate Judge Angel D. Mitchell on 6/7/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ks)
June 6, 2019 Filing 7 MOTION for Extension of Time to File Answer to Plaintiffs' Petition by Defendant Deere & Company (referred to Magistrate Judge Angel D. Mitchell) (Daniel, Peter)
June 6, 2019 Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Deere & Company (Attachments: #1 Exhibit A, #2 Exhibit B)(Daniel, Peter)
May 31, 2019 Filing 5 CERTIFICATE OF SERVICE of State Court Filings Upon the Clerk of the Court of Stevens County, Kansas by Deere & Company. (Attachments: #1 Exhibit A - Notice of Filing Notice of Removal)(Ricke, Andrew)
May 31, 2019 Filing 4 RETURN OF SERVICE -- Defendant Deere & Company served on 5/6/2019 by certified mail. (Originally filed in the Stevens County, Kansas District Court on 5/23/2019.) (mam)
May 31, 2019 Filing 3 STATE COURT RECORDS from District Court of Stevens County, Kansas for the Twenty-Six Judicial District. (Ricke, Andrew)
May 31, 2019 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Eric F. Melgren and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)
May 30, 2019 Filing 2 CIVIL COVER SHEET by Defendant Deere & Company. (Ricke, Andrew)
May 30, 2019 Filing 1 NOTICE OF REMOVAL from District Court of Stevens County, Kansas for the Twenty-Six Judicial District, case number 2019-CV-000005 Trial location of Wichita ( Filing fee $400, Internet Payment Receipt Number AKSDC-4822663.), filed by Deere & Company. (Attachments: #1 Exhibit A - State Court Filings)(Ricke, Andrew)

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Plaintiff: Farm Bureau Property and Casualty Insurance Company
Represented By: Marc A. Powell
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Plaintiff: Western Agricultural Insurance Company
Represented By: Marc A. Powell
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Defendant: Deere & Company
Represented By: Andrew Jason Ricke
Represented By: Lawton R. Graves
Represented By: Peter F. Daniel
Represented By: Niels P. Murphy
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Defendant: Deere & Company doing business as John Deere
Represented By: Lawton R. Graves
Represented By: Peter F. Daniel
Represented By: Andrew Jason Ricke
Represented By: Niels P. Murphy
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