Eau Claire Mack Sales, Inc. v. GATR of Sauk Rapids, Inc. et al.
Plaintiff: Eau Claire Mack Sales, Inc.
Defendant: Volvo Trucks North America and GATR of Sauk Rapids, Inc.
Case Number: 0:2015cv03167
Filed: July 29, 2015
Court: US District Court for the District of Minnesota
Office: DMN Office
County: XX US, Outside State
Presiding Judge: Leo I Brisbois
Referring Judge: Richard H Kyle
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 28, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2016 Filing 35 STIPULATION of Dismissal With Prejudice by Eau Claire Mack Sales, Inc.. Jointly Signed by GATR of Sauk Rapids, Inc., GATR Truck Center, and Volvo Trucks of North America, a division of Volvo Group North America, LLC. (Korzenowski, Scott)
April 20, 2016 Filing 34 JUDGMENT (Attachments: #1 Civil Notice - appeal)(AKL)
April 19, 2016 Opinion or Order Filing 33 ORDER dismissing this action with prejudice, with the Courtretaining jurisdiction for 60 days to permit any party to move to reopen for good cause shown or to seek enforcement of the settlement terms re: #32 Letter. Signed by Judge Richard H. Kyle on 4/19/16. (KLL)
April 15, 2016 Filing 32 Letter re: withdrawal of motion re #27 First MOTION to Dismiss/General , #31 Amended Notice of Hearing on Motion. (Korzenowski, Scott)
January 29, 2016 Filing 31 AMENDED NOTICE of Hearing on Motion: #27 First MOTION to Dismiss/General : Motion Hearing set for 5/10/2016 08:30 AM in Courtroom 1 (DUL) before Judge Richard H. Kyle. (Elsass, Douglas)
December 18, 2015 Filing 30 ANSWER to Amended Complaint by GATR of Sauk Rapids, Inc.. (Justin, Roger)
December 18, 2015 Filing 29 MEMORANDUM in Support re #27 First MOTION to Dismiss/General filed by Volvo Trucks North America. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Lori)
December 18, 2015 Filing 28 NOTICE OF HEARING ON MOTION #27 First MOTION to Dismiss/General : Motion Hearing set for 3/22/2016 08:30 AM in Courtroom 1 (DUL) before Judge Richard H. Kyle. (Johnson, Lori)
December 18, 2015 Filing 27 First MOTION to Dismiss/General by Volvo Trucks North America. (Johnson, Lori)
December 18, 2015 Filing 26 DOCUMENT FILED IN ERROR-WILL REFILE AS SEPARATE EVENTS. First MOTION to Dismiss/General by Volvo Trucks North America. (Attachments: #1 Supplement Memo in Support, #2 LR7.1/LR72.2 Word Count Compliance Certificate). (Johnson, Lori) Modified text on 12/18/2015 (lmb).
December 17, 2015 Filing 25 NOTICE OF HEARING ON MOTION TO DISMISS Motion Hearing set for 3/22/2016 08:30 AM in Courtroom 1 (DUL) before Judge Richard H. Kyle. (Elsass, Douglas)
December 8, 2015 Opinion or Order Filing 24 TEXT ONLY ENTRY: ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney Billy M. Donley for Volvo Trucks North America. Approved by Magistrate Judge Leo I. Brisbois on 12/8/2015. (JLW)
December 7, 2015 Filing 23 MOTION for Admission Pro Hac Vice for Attorney Billy M. Donley. Filing fee $ 100, receipt number AMNDC-4681966 by Volvo Trucks North America. (Elsass, Douglas)
December 7, 2015 Opinion or Order Filing 22 TEXT ONLY ENTRY: ORDER granting #20 Motion for Admission Pro Hac Vice of Attorney Cory M. Curtis for Volvo Trucks North America. Approved by Magistrate Judge Leo I. Brisbois on 12/7/2015. (JLW)
December 4, 2015 Opinion or Order Filing 21 TEXT ONLY ENTRY: ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney James Keith Russell for Volvo Trucks North America. Approved by Magistrate Judge Leo I. Brisbois on 12/4/2015. (JLW)
December 3, 2015 Filing 20 MOTION for Admission Pro Hac Vice for Attorney Cory M. Curtis. Filing fee $ 100, receipt number AMNDC-4678686 by Volvo Trucks North America. (Elsass, Douglas)
December 3, 2015 Filing 19 MOTION for Admission Pro Hac Vice for Attorney James Keith Russell. Filing fee $ 100, receipt number AMNDC-4678667 by Volvo Trucks North America. (Elsass, Douglas)
December 2, 2015 Filing 18 RULE 7.1 DISCLOSURE STATEMENT. Aktiebolaget Volvo is a corporate parent of Defendant Volvo Trucks North America. (Elsass, Douglas)
December 1, 2015 Filing 17 AMENDED COMPLAINT Second Amended Complaint against All Defendants. Filed by Eau Claire Mack Sales, Inc.. No summons requested. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11) (Korzenowski, Scott)
November 30, 2015 Opinion or Order Filing 16 ORDER: IT IS HEREBY ORDERED that:Plaintiffs shall file their Second Amended Complaint no later than December 3, 2015, and Defendants shall have until December 18, 2015 to file their responsive pleadings or otherwise respond. Signed by Magistrate Judge Leo I. Brisbois on 11/30/2015. (KNK)
November 25, 2015 Filing 15 STIPULATION to file Second Amended Complaint by all parties. (Attachments: #1 Second Amended Complaint, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11)(Korzenowski, Scott) Modified on 11/25/2015 (kt).
November 25, 2015 Filing 14 NOTICE of Appearance by Douglas L Elsass on behalf of Volvo Trucks North America. (Elsass, Douglas)
November 25, 2015 Filing 13 WAIVER OF SERVICE Returned Executed filed by Volvo Trucks North America. (Elsass, Douglas)
November 24, 2015 Filing 12 DOCUMENT FILED IN ERROR-WILL REFILE. WAIVER OF SERVICE Returned Executed filed by Volvo Trucks North America. (Elsass, Douglas) Modified text on 11/25/2015 (lmb).
November 18, 2015 Filing 11 Return of Service Executed for Summons and Amended Complaint served by Secretary of State of North Carolina served on Volvo Trucks North America on 11-10-2015, filed by Eau Claire Mack Sales, Inc.. (Korzenowski, Scott)
November 17, 2015 Filing 10 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant GATR of Sauk Rapids, Inc.. (Justin, Roger)
November 17, 2015 Filing 9 ANSWER to Amended Complaint by GATR of Sauk Rapids, Inc.. (Justin, Roger)
October 30, 2015 Filing 8 SUMMONS Returned Executed by Eau Claire Mack Sales, Inc.. Volvo Trucks North America served on 10/28/2015, answer due 11/18/2015. (Korzenowski, Scott)
October 28, 2015 Filing 7 SUMMONS Returned Executed by Eau Claire Mack Sales, Inc.. GATR of Sauk Rapids, Inc. served on 10/27/2015, answer due 11/17/2015. (Korzenowski, Scott)
October 27, 2015 Filing 6 AMENDED COMPLAINT against All Defendants. Filed by Eau Claire Mack Sales, Inc.. No summons requested. (Attachments: #1 Exhibit(s) 1 - Dealer Agreement, #2 Exhibit(s) 2 - Photographs, #3 Exhibit(s) 3 - Email, #4 Exhibit(s) 4 - Email, #5 Exhibit(s) 5 - Email, #6 Exhibit(s) 6 - Email, #7 Exhibit(s) 7 - Aff of T Mattson, #8 Exhibit(s) 8 - Aff of D Scapanski, #9 Exhibit(s) 9 - May 20 2015 letter, #10 Exhibit(s) 10 - Email from T Dolan, #11 Exhibit(s) 11 - Cease and Desist letter to GATR) (Korzenowski, Scott)
July 30, 2015 Opinion or Order Filing 5 ORDER that all proceedings before Judge Richard H. Kyle (motions, trial, etc.) will be held in the U.S. Courthouse in Duluth, Minnesota. Signed by Judge Richard H. Kyle on 7/30/15. (KAT)
July 30, 2015 Opinion or Order Filing 4 ORDER REGARDING DISPOSITIVE MOTION PROCEDURE. Signed by Judge Richard H. Kyle on 7/30/15. (KAT)
July 30, 2015 Filing 3 Summons Issued as to GATR of Sauk Rapids, Inc., Volvo Trucks North America. (AKL)
July 30, 2015 Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Richard H. Kyle per 5th Division Master List and referred to Magistrate Judge Leo I. Brisbois. Please use case number 15cv3167 RHK/LIB. (AKL)
July 29, 2015 Filing 1 COMPLAINT against GATR of Sauk Rapids, Inc., Volvo Trucks North America, Inc. ( Filing fee $ 400 receipt number 0864-4507907.) Filed by Eau Claire Mack Sales, Inc.. Filer requests summons issued. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Civil Cover Sheet) (Korzenowski, Scott)

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Defendant: Volvo Trucks North America
Represented By: James Keith Russell
Represented By: Billy M. Donley
Represented By: Douglas L Elsass
Represented By: Cory M. Curtis
Represented By: Lori A Johnson
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Defendant: GATR of Sauk Rapids, Inc.
Represented By: Roger C Justin
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Plaintiff: Eau Claire Mack Sales, Inc.
Represented By: J Mark Dady
Represented By: Scott E Korzenowski
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