Kentucky Peerless Distilling Co., LLC v. Fetzer Vineyards Corporation
| Kentucky Peerless Distilling Co., LLC |
| Fetzer Vineyards Corporation |
| 3:2022cv00037 |
| January 26, 2022 |
| US District Court for the Western District of Kentucky |
| Claria Horn Boom |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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Filing 43
Objection to #42 Notice (Other) filed by Fetzer Vineyards Corporation. (VanVactor, Zachary)
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Filing 42
NOTICE of Supplemental Evidence Supporting Opposition to Motion to Dismiss by Kentucky Peerless Distilling Co., LLC (Attachments: #1 Exhibit Invoice) (Williams, Patrick)
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Filing 41
BRIEF Sur-Reply pursuant to the Court's Order of Feb. 24, 2022 [DN 29] re #10 MOTION for Temporary Restraining Order filed by Kentucky Peerless Distilling Co., LLC (Attachments: #1 Exhibit 1 - Mar. 12, 2022 email from M. Hurst to T. Michaud, #2 Exhibit 2 - Ryan Decl., #3 Exhibit 3 - Walz Decl., #4 Exhibit 4 - Dorn Decl.) by Fetzer Vineyards Corporation. (VanVactor, Zachary)
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Filing 40
REPLY to Response to Motion re #30 MOTION to Dismiss or, in the Alternative, to Stay Pending Arbitration MOTION to Stay filed by Fetzer Vineyards Corporation. (VanVactor, Zachary)
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Filing 39
Corporate Disclosure Statement identifying Corporate Parent VCT USA, Inc., not a publicly held entity, wholly owns Fetzer Vineyard Corporation, Other Affiliate Vina Concha y Toro S.A., a publicly traded entity in Chile, wholly owns VCT USA, Inc. for Fetzer Vineyards Corporation. by Fetzer Vineyards Corporation. (Michaud, Teresa)
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Filing 38
NOTICE of Unavailability of Counsel by Fetzer Vineyards Corporation (VanVactor, Zachary)
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Filing 37
NOTICE of Correction by Kentucky Peerless Distilling Co., LLC re #34 Reply to Response to Motion (Attachments: #1 Affidavit of Cordell Lawrence with Exhibit) (Hagerman, Andrew)
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Filing 35
RESPONSE to Motion re #30 MOTION to Dismiss or, in the Alternative, to Stay Pending Arbitration MOTION to Stay filed by Kentucky Peerless Distilling Co., LLC. (Attachments: #1 Exhibit 1: Distribution Agreement, #2 Exhibit 2: Cease and Desist Letter, #3 Exhibit 3: Jan. 25, 2022 Email, #4 Exhibit 4: Michaud Emails) (Hagerman, Andrew)
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Filing 34
REPLY to Response to Motion re #10 MOTION for Temporary Restraining Order filed by Kentucky Peerless Distilling Co., LLC. (Attachments: #1 Affidavit of Cordell Lawrence) (Hagerman, Andrew) (Attachment 1 replaced on 3/18/2022) (MNM).
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Filing 33
STATUS REPORT Pursuant to Arbitrator's Emergency March 15, 2022 Order (Attachments: #1 Exhibit 1 - Mar. 15, 2022 Order Granting Fetzer's Request for Emergency Relief and Temporary Restraining Order) by Fetzer Vineyards Corporation. (VanVactor, Zachary)
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Filing 32
ORDER DIRECTING CORPORATE PARTY TO FILE CORPORATE DISCLOSURE STATEMENT by Judge Claria Horn Boom on 3/14/22: IT IS HEREBY ORDERED that Defendant Fetzer Vineyards Corporation shall FILE a Corporate Disclosure Statement that complies with Fed. R. Civ. P. 7.1 NO LATER THAN SEVEN (7) DAYS FROM THE DATE OF ENTRY OF THIS ORDER. cc:counsel (DJT)
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Filing 36
Return of Service Executed as to Chun Lung Steven Chen RA Fetzer Vineyards Corporation. (DJT)
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Filing 31
RESPONSE to Motion re #10 MOTION for Temporary Restraining Order filed by Fetzer Vineyards Corporation. (Attachments: #1 Exhibit 1 - Ryan Decl., #2 Exhibit 2 - Peerless's Oct. 18, 2022 letter to Fetzer, #3 Exhibit 3 - Fetzer's Oct. 25, 2021 response to Peerless, #4 Exhibit 4 - Peerless's Nov. 12, 2021 letter to Fetzer, #5 Exhibit 5 - T. Michaud's Dec. 21, 2021 letter to S. Lyverse, #6 Exhibit 6 - M. Hurst's Jan. 19, 2022 email to T. Michaud, #7 Exhibit 7 - McFerran Decl., #8 Exhibit 8 - Fetzer's Jan. 20, 2022 cease & desist letter, #9 Exhibit 9 - Peerless's Jan. 24, 2022 cease & desist letter, #10 Exhibit 10 - T. Michaud's Jan. 27, 2022 email to M. Hurst, #11 Exhibit 11 - T. Michaud's Feb. 11, 2022 email to M. Hurst, #12 Exhibit 12 - C. Wong's Feb. 23, 2022 email to M. Hurst, #13 Exhibit 13 - T. Michaud's Feb. 23, 2022 email to M. Hurst, #14 Exhibit 14 - T. Michaud's Mar. 1, 2022 email to M. Hurst) (VanVactor, Zachary)
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Filing 30
MOTION to Dismiss or, in the Alternative, MOTION to Stay Pending Arbitration by Defendant Fetzer Vineyards Corporation (Attachments: #1 Exhibit 1 - Fetzer's Oct. 25, 2021 response to Peerless, #2 Exhibit 2 - Peerless's Nov. 12, 2021 letter to Fetzer, #3 Exhibit 3 - T. Michaud's Dec. 21, 2021 letter to S. Lyverse, #4 Exhibit 4 - M. Hurst's Jan. 19, 2022 email to T. Michaud, #5 Proposed Order) (VanVactor, Zachary). Added MOTION to Stay on 3/10/2022 (DJT).
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Filing 29
MEMORANDUM AND ORDER FROM TELEPHONIC CONFERENCE held before Judge Claria Horn Boom; Telephonic Conference held on 2/23/2022: Defendant shall have up to and including 3/9/2022, within which to file its Response to Plaintiffs Motion for Temporary Restraining Order [R. #10 ]. Plaintiff shall have up to and including 3/16/2022, within which to file its Reply. Should Plaintiff include new evidence in its Reply, Defendant shall have up to and including 3/19/2022, within which to file its Sur-Reply. The matter will then stand submitted to the Court. Defendant shall have up to and including 3/9/2022, within which to file its anticipated Motion to Dismiss and Motion to Compel Arbitration. Plaintiff shall have up to and including 3/16/2022, within which to file its Response. Defendant shall have up to and including 3/19/2022, within which to file its Reply. (Court Reporter April Dowell.) cc:counsel (DJT)
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Filing 28
FILING OF OFFICIAL TRANSCRIPT of Telephonic Conference held on 2/23/22, before Judge Claria Horn Boom. Court Reporter April R. Dowell, Email: april_dowell@kywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/16/2022. Redacted Transcript Deadline set for 3/28/2022. Release of Transcript Restriction set for 5/24/2022. (Dowell, April)
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Filing 27
WAIVER OF SERVICE Returned Executed by Kentucky Peerless Distilling Co., LLC. Fetzer Vineyards Corporation waiver sent on 2/21/2022, answer due 4/22/2022. (Williams, Patrick)
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Filing 25
SECOND ORDER RESCHEDULING HEARING by Judge Claria Horn Boom on 2/23/22: The Telephonic Conference set for 2/22/2022, at 1:00 p.m. ET, is RESCHEDULED to 2/23/2022, at 4:00 p.m. ET, before the Honorable Claria Horn Boom, United States District Judge. Counsel for the parties shall connect to the Telephonic Conference by dialing the toll-free number 888-363-4735 and entering access code 9522526#. Parties shall dial into the Conference five (5) minutes prior to the Conference. cc: Counsel (DJT)
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Filing 26
Summons Returned Unexecuted as to Fetzer Vineyards Corporation. (DJT)
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Filing 24
ORDER RESCHEDULING HEARING signed by Judge Claria Horn Boom on 2/22/2022. Telephonic Conference set for 1:00 p.m. ET on 2/22/2022 is RESCHEDULED for 01:45 p.m. ET on the same date. cc: Counsel (RLK)
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Filing 23
Notice of Filing Official Transcript re #22 Transcript - Court Official,,. Please review the complete Notice for instructions. (Dowell, April)
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Filing 22
FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Conference held on 2/14/22, before Judge Claria Horn Boom. Court Reporter April R. Dowell, Email: april_dowell@kywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/11/2022. Redacted Transcript Deadline set for 3/21/2022. Release of Transcript Restriction set for 5/19/2022. (Dowell, April)
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Filing 21
ORDER signed by Judge Claria Horn Boom on 2/17/2022. Granting #19 #20 Motions to Appear Pro Hac Vice as to Teresa H. Michaud and Christina M. Wong. cc: Counsel (ECF Packets mailed)(KJA)
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Filing 20
MOTION for Christina M. Wong to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3526051. by Defendant Fetzer Vineyards Corporation (Attachments: #1 Exhibit - Wong Declaration, #2 Exhibit - Wong Certificate of Good Standing, #3 Proposed Order) (VanVactor, Zachary)
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Filing 19
MOTION for Teresa H. Michaud to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3526045. by Defendant Fetzer Vineyards Corporation (Attachments: #1 Exhibit - Michaud Declaration, #2 Exhibit - Michaud Certificate of Good Standing, #3 Proposed Order) (VanVactor, Zachary)
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Filing 18
MEMORANDUM AND ORDER FROM TELEPHONIC CONFERENCE from proceedings held before Judge Claria Horn Boom; Telephonic Conference held on 2/14/2022: A further Telephonic Conference is SCHEDULED for Tuesday, 2/22/2022, at 1:00 p.m. ET. Counsel for the parties shall connect to the Telephonic Conference by dialing the toll-free number 1-888-363-4735 and entering access code 9522526#. Parties shall dial into the conference five (5) minutes prior to the Conference. Should the parties reach an agreement before the scheduled Telephonic Conference, the parties shall advise Judge Claria Horn Booms case manager, Renee Koch, at renee_koch@kywd.uscourts.gov. (Court Reporter April Dowell.) cc: Counsel, Teresa Michaud, Christina Wong (DJT)
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Filing 17
Notice of Filing Official Transcript re #16 Transcript - Court Official,,. Please review the complete Notice for instructions. (DL)
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Filing 16
FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 02/04/22 before Judge Claria Horn Boom. Court Reporter Dena Legg, Telephone number 502-625-3778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/12/2022. (DL)
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Filing 15
WAIVER OF SERVICE Returned Executed by Kentucky Peerless Distilling Co., LLC. Fetzer Vineyards Corporation waiver sent on 2/2/2022, answer due 4/4/2022. (Williams, Patrick)
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Filing 14
MEMORANDUM AND ORDER FROM TELEPHONIC CONFERENCE from proceedings held before Judge Claria Horn Boom; Telephonic Status Conference held on 2/4/2022: Telephonic Conference set for 2/14/2022 at 4:00 PM before Judge Claria Horn Boom. Counsel for the parties shall connect to the Telephonic Conference by dialing the toll-free number 1-888-363-4735 and entering access code 9522526#. Parties shall dial into the conference five (5) minutes prior to the Conference. cc: Counsel, teresa.michaud@bakermckenzie.com, christina.wong@bakermckenzie.com (DJT)
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Filing 13
NOTICE of Appearance by Zachary M. VanVactor on behalf of Fetzer Vineyards Corporation (VanVactor, Zachary)
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Filing 12
ORDER SCHEDULING TELEPHONIC CONFERENCE by Judge Claria Horn Boom on 2/4/22: Telephonic Conference set for 2/4/2022 at 3:30 PM before Judge Claria Horn Boom. Counsel for the parties shall connect to the Telephonic Conference by dialing the toll-free number 1-888-363-4735 and entering access code 9522526#. Parties shall dial into the conference five (5) minutes prior to the Conference. cc: Counsel, Teresa.michaud@bakermckenzie.com, christina.wong@bakermckenzie.com (DJT)
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Filing 11
Summons Issued as to Fetzer Vineyards Corporation. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DJT)
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Filing 10
MOTION for Temporary Restraining Order by Plaintiff Kentucky Peerless Distilling Co., LLC (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Hagerman, Andrew)
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Filing 9
AMENDED COMPLAINT against Fetzer Vineyards Corporation, filed by Kentucky Peerless Distilling Co., LLC. (Attachments: #1 Exhibit 1 - Distribution Agreement, #2 Exhibit 2 - Nov. 12, 2021 Termination Letter, #3 Exhibit 3 - Cease and Desist Letter, #4 Exhibit 4 - Jan. 25, 2022 Email, #5 Summons) (Hagerman, Andrew) Modified docket text Plaintiff selected themselves as Defendant when filing document on 2/3/2022 (DJT). Modified on 2/3/2022 (KJA).
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AMENDED COMPLAINT against Fetzer Vineyards Corporation, filed by Kentucky Peerless Distilling Co., LLC. (This entry for reporting purposes only. Counsel selected incorrect parties when originally filing DN #9 . See DN #9 for full viewing of Amended Complaint and exhibits. (DJT)
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Filing 8
NOTICE of Request for Waiver of Service by Kentucky Peerless Distilling Co., LLC (Hagerman, Andrew)
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Filing 7
ORDER DISCHARGING SHOW CAUSE ORDER by Judge Claria Horn Boom on 1/31/22: The Court's Show Cause Order [R. #5 ] is hereby DISCHARGED.cc: Counsel (DJT)
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Filing 6
RESPONSE TO ORDER TO SHOW CAUSE filed by Kentucky Peerless Distilling Co., LLC. (Hagerman, Andrew)
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Filing 5
ORDER TO SHOW CAUSE ESTABLISHING SUBJECT MATTER JURISDICTION by Judge Claria Horn Boom on 1/27/22: That within fourteen (14) days of the date of entry of this Order, the Plaintiff SHALL SHOW CAUSE why this matter should not be dismissed for lack of subject-matter jurisdiction. cc:counsel (DJT)
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Filing 4
Summons Issued as to Fetzer Vineyards Corporation. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). ATTESTED COPY EMAILED TO COUNSEL THIS DATE. (DJT)
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Filing 3
Corporate Disclosure Statement by Kentucky Peerless Distilling Co., LLC. (DJT)
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Filing 2
Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (DJT)
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Filing 1
COMPLAINT against Fetzer Vineyards Corporation Filing fee $ 402, receipt number AKYWDC-3511837, filed by Kentucky Peerless Distilling Co., LLC. (Attachments: #1 Cover Sheet, #2 Exhibit 1 - Agreement) (DJT)
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