Indigo Ag, Inc. et al v. Deines-Pollan Services, LLC et al
| Indigo Ag, Inc. and Indigo Marketplace, LLC |
| Deines-Pollan Services, LLC, Michael Deines and Ag Astra, LLC |
| 1:2023cv11907 |
| August 21, 2023 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 57 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #47 Motion for Leave to Appear Pro Hac Vice Added William R. Griffin. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
| Filing 56 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #49 Motion for Leave to Appear Pro Hac Vice Added Courtney M. Stout. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
| Filing 55 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #48 Motion for Leave to Appear Pro Hac Vice Added Robert M. Thompson. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
| Filing 54 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #46 Motion for Leave to Appear Pro Hac Vice Added Samantha M. H. Woods. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
| Filing 53 MEMORANDUM in Support re #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Indigo Ag, Inc., Indigo Marketplace, LLC. (Rayburn, Olivia) |
| Filing 52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Indigo Ag, Inc., Indigo Marketplace, LLC.(Rayburn, Olivia) |
| Filing 51 Judge Denise J. Casper: ORDER entered. SCHEDULING ORDER.(Hourihan, Lisa) |
| Filing 50 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 9/25/2023 by video conference. Counsel report initial disclosures have been exchanged. Amended Pleadings due by 10/20/2023. Fact discovery to be completed by 7/26/24 and court adopts all interim dates. Plaintiff's expert disclosures due by 7/26/24. Defendant's expert disclosures due by 9/9/24. Expert discovery to be completed by 10/9/2024. Motions for Summary Judgment to be filed by 11/8/2024 with opposition due 12/9/24. Status Conference set for 9/9/2024 02:00 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Michael Cahalane, Olivia Rayburn, Robert Thompson and Courtney Stout for the plaintiffs. Samantha Woods and Marie Chafe for the defendants.) (Hourihan, Lisa) Modified on 9/26/2023 (Hourihan, Lisa). |
| Filing 49 MOTION for Leave to Appear Pro Hac Vice for admission of Courtney M. Stout Filing fee: $ 125, receipt number AMADC-10050976 by Indigo Ag, Inc., Indigo Marketplace, LLC. (Attachments: #1 Exhibit A)(Cahalane, Michael) |
| Filing 48 MOTION for Leave to Appear Pro Hac Vice for admission of Robert M. Thompson Filing fee: $ 125, receipt number AMADC-10050963 by Indigo Ag, Inc., Indigo Marketplace, LLC. (Attachments: #1 Exhibit A)(Cahalane, Michael) |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice for admission of William R. Griffin Filing fee: $ 125, receipt number AMADC-10050803 by Ag Astra, LLC, Michael Deines, Deines-Pollan Services, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Chafe, Marie) (Main Document 47 replaced on 9/25/2023 with correct document provided by counsel) (Currie, Haley). (Main Document 47 replaced on 10/18/2023) (Currie, Haley). (Attachment 1 replaced on 10/18/2023) (Currie, Haley). |
| Filing 46 MOTION for Leave to Appear Pro Hac Vice for admission of Samantha M. H. Woods Filing fee: $ 125, receipt number AMADC-10050767 by Ag Astra, LLC, Michael Deines, Deines-Pollan Services, LLC. (Attachments: #1 Errata A - Certificate of Good Standing)(Chafe, Marie) |
| Filing 45 ANSWER to #6 Amended Complaint , COUNTERCLAIM against All Plaintiffs by Michael Deines, Deines-Pollan Services, LLC, Ag Astra, LLC.(Chafe, Marie) |
| Filing 44 Withdrawal of motion: #13 Memorandum in Support of Motion filed by Deines-Pollan Services, LLC, Michael Deines, Ag Astra, LLC.. (Chafe, Marie) |
| Filing 43 CERTIFICATION pursuant to Local Rule 16.1 . (Woods, Samantha) |
| Filing 42 NOTICE of Appearance by Michael J. Cahalane, III on behalf of Indigo Ag, Inc., Indigo Marketplace, LLC (Cahalane, Michael) |
| Filing 41 NOTICE of Appearance by Olivia Rayburn on behalf of Indigo Ag, Inc., Indigo Marketplace, LLC (Rayburn, Olivia) |
| Filing 40 CERTIFICATION pursuant to Local Rule 16.1 by Indigo Ag, Inc., Indigo Marketplace, LLC.(Stout, Courtney) |
| Filing 39 Proposed Document(s) submitted by Indigo Ag, Inc., Indigo Marketplace, LLC. Document received: Proposed Scheduling Order. (Stout, Courtney) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice for admission of Robert M. Thompson Filing fee: $ 125, receipt number AMADC-10029273 by Indigo Ag, Inc., Indigo Marketplace, LLC.(Thompson, Robert) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice for admission of Courtney M. Stout Filing fee: $ 125, receipt number AMADC-10029244 by Indigo Ag, Inc., Indigo Marketplace, LLC.(Stout, Courtney) |
| Filing 36 NOTICE of Appearance by Marie E. Chafe on behalf of Ag Astra, LLC, Michael Deines, Deines-Pollan Services, LLC (Chafe, Marie) |
| Filing 35 Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Video Conference(Hourihan, Lisa) |
| Filing 34 Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) |
| Filing 33 NOTICE of Scheduling Conference. Scheduling Conference set for 9/25/2023 02:30 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Hourihan, Lisa) |
| Filing 32 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (Danieli, Chris) |
| Filing 31 Case transferred in from District of Kansas; Case Number 2:23-cv-02034. |
| Filing 30 MEMORANDUM AND ORDER transferring this case to the United States District Court for the District of Massachusetts and denying as moot #12 Motion to Dismiss for Failure to State a Claim. Signed by Chief District Judge Eric F. Melgren on 8/17/2023. (ca) |
| Filing 29 RESPONSE re #27 Order to Show Cause, by Defendants Michael Deines, Deines-Pollan Services, LLC, Ag Astra, LLC(Woods, Samantha) |
| Filing 28 RESPONSE re #27 Order to Show Cause, by Plaintiffs Indigo Ag, Inc., Indigo Marketplace, LLC(Thompson, Robert) |
Filing 27
ORDER TO SHOW CAUSE. The Court orders the Plaintiffs to show cause in writing within 10 days of this Order why this case should not be transferred to the District of Massachusetts. Defendants shall have 10 days from the date of Plaintiffs' show cause in writing to respond. Plaintiffs may have 5 days from the date of Defendants' response to file a reply, if any. Signed by Chief District Judge Eric F. Melgren on 7/20/2023. (kas)
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Filing 26
ORDER granting (ECF No. 25) Motion to Defer Scheduling. The Court reviewed the official docket and the parties' joint request to defer scheduling, and finds good cause to defer scheduling until the court enters an order on Defendants' Motion to Dismiss. (ECF No. 12). The Court will convene the parties for scheduling, if necessary, after a decision is entered on the Defendants' motion to dismiss. Signed by Magistrate Judge Gwynne E. Birzer on 5/10/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (spa)
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| Filing 25 Joint, informal MOTION to defer scheduling due to Defendants' pending motion to dismiss. (ECF No. #12 ) (referred to Magistrate Judge Gwynne E. Birzer) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (spa) |
| Filing 24 REPLY TO RESPONSE TO MOTION by Defendants Ag Astra, LLC, Michael Deines, Deines-Pollan Services, LLC re #12 Motion to Dismiss for Failure to State a Claim. (Woods, Samantha) |
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Filing 23
ORDER granting #22 Unopposed MOTION for Extension of Time to File Reply as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reply deadline 4/20/2023. Counsel is directed to review Local Rule 6.1(a) where the parties are instructed to file for extensions of time no later than 3 days prior to the due date. The Court will grant this request but no further requests will be granted if this rule is not followed. Signed by Chief District Judge Eric F. Melgren on 4/12/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
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| Filing 22 UNOPPOSED MOTION for Extension of Time to File Reply as to #12 Motion to Dismiss by Defendants Ag Astra, LLC, Michael Deines, Deines-Pollan Services, LLC. (Woods, Samantha) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #22 Unopposed MOTION for Extension of Time to File Reply as to #20 Response to Motion. The motion will be resolved by the District Judge.(spa) |
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Filing 21
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 5/17/2023 at 11:00 AM via Telephone (GEB - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 9686294) before Magistrate Judge Gwynne E. Birzer. Rule 26 Planning Conference Deadline 4/26/2023. Rule 26 Initial Disclosures Deadline set for 5/10/2023. Proposed Scheduling Order Deadline 5/10/2023. Signed by Magistrate Judge Gwynne E. Birzer on 4/5/2023. (jal)
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| Filing 20 SUGGESTIONS IN OPPOSITION by Plaintiffs Indigo Ag, Inc., Indigo Marketplace, LLC re #12 Defendants' Motion to Dismiss. (Thompson, Robert) Modified on 3/30/2023 to update docket text to match document. (kas) |
| Filing 19 AMENDED DOCUMENT by Ag Astra, LLC. Amendment to #14 Corporate Disclosure Statement . (Woods, Samantha) |
| Filing 18 AMENDED DOCUMENT by Deines-Pollan Services, LLC. Amendment to #15 Corporate Disclosure Statement . (Woods, Samantha) |
| Filing 17 AMENDED CORPORATE DISCLOSURE STATEMENT by Indigo Ag, Inc., Indigo Marketplace, LLC identifying Indigo Ag, Inc. as corporate parent. (Thompson, Robert) |
| Filing 16 DESIGNATION OF PLACE OF TRIAL filed by Defendants Ag Astra, LLC, Michael Deines, Deines-Pollan Services, LLC - trial to be held in Wichita. (Woods, Samantha) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by Deines-Pollan Services, LLC identifying None as corporate parent . (Woods, Samantha) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Ag Astra, LLC identifying None as corporate parent . (Woods, Samantha) |
| Filing 13 MEMORANDUM IN SUPPORT of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Ag Astra, LLC, Michael Deines, Deines-Pollan Services, LLC. (Woods, Samantha) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Ag Astra, LLC, Michael Deines, Deines-Pollan Services, LLC. (Woods, Samantha) |
| Filing 11 CLERKS ORDER EXTENDING TIME until 3/13/2023 for Defendant Ag Astra, LLC to answer or otherwise plead. Signed by deputy clerk on 2/23/2023. (jsh) |
| Filing 10 CLERKS ORDER EXTENDING TIME until 3/9/2023 for Defendants Michael Deines, Deines-Pollan Services, LLC to answer or otherwise plead. Signed by deputy clerk on 2/23/2023. (jsh) |
| Filing 9 ENTRY OF APPEARANCE by William Rick Griffin on behalf of All Defendants. (Griffin, William) |
| Filing 8 ENTRY OF APPEARANCE by Samantha M. H. Woods on behalf of All Defendants. (Woods, Samantha) |
| Filing 7 EXHIBITS IN SUPPORT of #6 First Amended Complaint by Plaintiffs Indigo Ag, Inc., Indigo Marketplace, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Stout, Courtney) |
| Filing 6 FIRST AMENDED COMPLAINT against Ag Astra, LLC, Michael Deines, Deines-Pollan Services, LLC, filed by Indigo Ag, Inc., Indigo Marketplace, LLC. (Stout, Courtney) |
| Filing 5 SUMMONS RETURNED EXECUTED -- Personal Service by Indigo Ag, Inc., Indigo Marketplace, LLC upon Deines-Pollan Services, LLC served on 2/2/2023, answer due 2/23/2023 (Stout, Courtney) |
| Filing 4 SUMMONS RETURNED EXECUTED -- Personal Service by Indigo Ag, Inc., Indigo Marketplace, LLC upon Michael Deines served on 2/2/2023, answer due 2/23/2023 (Stout, Courtney) |
| Filing 3 SUMMONS RETURNED EXECUTED -- Personal Service by Indigo Ag, Inc., Indigo Marketplace, LLC upon Ag Astra, LLC served on 2/6/2023, answer due 2/27/2023 (Stout, Courtney) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Eric F. Melgren and Magistrate Judge Gwynne E. Birzer 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 (jk) |
| SUMMONS ISSUED as to Ag Astra, LLC, Michael Deines, Deines-Pollan Services, LLC (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Indigo Ag, Inc., Indigo Marketplace, LLC identifying Indigo Agriculture, Inc. and Indigo Ag, Inc. as corporate parent. (Thompson, Robert) |
| Filing 1 COMPLAINT with trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-5971180.), filed by Indigo Ag, Inc., Indigo Marketplace, LLC. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit Designation of Place of Trial, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7)(Thompson, Robert) |
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