Golden Polar Bear, LLC et al v. Franchoice, Inc. et al
| Thomas Callen, Courtney Callen and Golden Polar Bear, LLC |
| Franchoice, Inc. and Peter Gilfillan |
| 0:2019cv00484 |
| February 27, 2019 |
| US District Court for the District of Minnesota |
| Michael J Davis |
| David S Doty |
| Tony N Leung |
| Elizabeth Cowan Wright |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 70
TEXT ONLY ENTRY: ORDER granting #69 Motion for Admission Pro Hac Vice of Attorney John D Giampolo for Courtney Callen, Thomas Callen, and for Golden Polar Bear, LLC. Ordered by Magistrate Judge Elizabeth Cowan Wright on 3/16/2020. (NAH)
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| Filing 69 MOTION for Admission Pro Hac Vice for Attorney John D. Giampolo. Filing fee $ 100, receipt number AMNDC-7555790 filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Rice, Eric) |
| Filing 68 NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Rice, Eric) |
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Filing 67
ORDER on (52 in 0:19-cv-01417-MJD-ECW) Stipulation, (54 in 0:19-cv-01426-MJD-ECW) Stipulation, (65 in 0:19-cv-00484-MJD-ECW) Stipulation, (55 in 0:19-cv-01267-MJD-ECW) Stipulation. ( Ready for trial due by 9/15/2021.). Signed by Magistrate Judge Elizabeth Cowan Wright on 2/5/2020. Associated Cases: 0:19-cv-00484-MJD-ECW, 0:19-cv-01267-MJD-ECW, 0:19-cv-01417-MJD-ECW, 0:19-cv-01426-MJD-ECW(TMA)
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| Filing 66 PROPOSED ORDER TO JUDGE re #65 Stipulation. (Vettleson, Ryan) |
| Filing 65 STIPULATION to Amend the Scheduling Order by Franchoice, Inc., Peter Gilfillan. Jointly Signed by Golden Polar Bear, LLC, Thomas Callen, and Courtney Callen. (Vettleson, Ryan) |
| Filing 64 ANSWER to Amended Complaint filed by Franchoice, Inc., Peter Gilfillan. (Vettleson, Ryan) |
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Filing 63
ORDER. IT IS HEREBY ORDERED that 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Elizabeth Cowan Wright dated December 19, 2019 #59 . 2. Defendants' Motion for Partial Dismissal Pursuant to Rule 12(b)(6) #25 is GRANTED in part and DENIED in part as follows: a. Defendants' Motion for Partial Dismissal Pursuant to Rule 12(b)(6) is GRANTED as to Plaintiffs' claim under the Colorado Consumer Protection Act, and the claim is DISMISSED WITHOUT PREJUDICE; and b. Defendants' Motion for Partial Dismissal Pursuant to Rule 12(b)(6) is DENIED as to Plaintiffs' claim under the New York Franchise Sales Act. (Written Opinion). Signed by Judge Michael J. Davis on 1/16/2020. (GRR)
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| Filing 62 Withdrawal of Stipulation to Permit Late Filing of Answer by Franchoice, Inc., Peter Gilfillan. Jointly Signed by Golden Polar Bear, LLC, Thomas Callen, and Courtney Callen. (Vettleson, Ryan) Modified text on 1/17/2020 (MKB). |
| Filing 61 WITHDRAWN PER #62 . PROPOSED ORDER TO JUDGE re #60 Stipulation. (Vettleson, Ryan) Modified text on 1/17/2020 (MKB). |
| Filing 60 WITHDRAWN PER #62 . STIPULATION to Permit Late Filing of Answers by Franchoice, Inc., Peter Gilfillan. Jointly Signed by Golden Polar Bear, Thomas Callen, and Courtney Callen. (Vettleson, Ryan) Modified text on 1/17/2020 (MKB). |
| Filing 59 REPORT AND RECOMMENDATION re #25 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) filed by Franchoice, Inc., Peter Gilfillan. Signed by Magistrate Judge Elizabeth Cowan Wright on 12/19/2019. (TMA) |
| Filing 58 DECLARATION of Erin C. Johnsen in Opposition to #25 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Attachments: #1 Exhibit(s) 1 & 2)(Garner, W) |
| Filing 57 MEMORANDUM in Opposition re #44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages filed by Franchoice, Inc., Peter Gilfillan. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Miller-Van Oort, Sonia) |
| Filing 56 MEMORANDUM re #44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages Plaintiffs' Supplemental Memorandum in Support of Their Motion to Amend to Allege Entitlement to Punitive Damages filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Garner, W) |
| Filing 54 DECLARATION of W. Michael Garner in Opposition to #25 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Attachments: #1 Exhibit(s) Exs. 1 - 2)(Garner, W) |
| Filing 55 Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Motion Hearing held on 10/21/2019 re #44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Court Reporter Lori Simpson) (TMA) Modified text on 10/23/2019 (TMA). |
| Filing 53 DECLARATION of Sonia Miller-Van Oort in Opposition to #44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages filed by Franchoice, Inc., Peter Gilfillan. (Attachments: #1 Exhibit(s) Ex A)(Miller-Van Oort, Sonia) |
| Filing 52 MEMORANDUM in Opposition re #44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages filed by Franchoice, Inc., Peter Gilfillan. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Miller-Van Oort, Sonia) |
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Filing 51
PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth Cowan Wright on 10/3/2019. (TMA)
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| Filing 50 MEET and CONFER STATEMENT re #44 Motion to Alter/Amend/Supplement Pleadings filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC.(Calihan, Robert) |
| Filing 49 PROPOSED ORDER TO JUDGE re #44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC.(Calihan, Robert) |
| Filing 48 Declaration of Courtney Callen in Support of #44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC.(Calihan, Robert) |
| Filing 47 Declaration of W. Michael Garner in Support of #44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Attachments: #1 Exhibit(s) 1-7)(Calihan, Robert) |
| Filing 46 MEMORANDUM in Support re #44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) Redlined Complaint)(Calihan, Robert) |
| Filing 45 NOTICE OF HEARING ON MOTION #44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages : Motion Hearing set for 10/21/2019 at 09:00 AM in Courtroom 3C (STP) before Magistrate Judge Elizabeth Cowan Wright. (Calihan, Robert) |
| Filing 44 MOTION to Alter/Amend/Supplement Pleadings to add a claim for punitive damages filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Calihan, Robert) |
| Filing 43 PROPOSED ORDER TO JUDGE re #42 Stipulation. (Vettleson, Ryan) |
| Filing 42 STIPULATION for Protective Order by Franchoice, Inc., Peter Gilfillan. Jointly Signed by Robert C. Calihan. (Vettleson, Ryan) |
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Filing 41
SCHEDULING ORDER: Fact Discovery due by 7/1/2020. Expert Discovery due by 9/15/2020. Motions (non-disp) due 7/20/2020. Motions (disp) due by 11/15/2020. Ready for trial due by 3/15/2021. Signed by Magistrate Judge Elizabeth Cowan Wright on 9/4/2019. (TMA)
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| Filing 40 Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Initial Pretrial Conference held on 8/26/2019. A pretrial conference was held. A scheduling order will be issued. (TMA) |
| Filing 39 REPORT of Rule 26(f) Planning Meeting. Filed by Franchoice, Inc., Peter Gilfillan. Jointly Signed by Golden Polar Bear, LLC, Thomas Callen, Courtney Callen, FranChoice, Inc., and Peter Gilfillan.(Miller-Van Oort, Sonia) |
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Filing 38
(Text-only) ORDER in Response to #37 Letter to Magistrate Judge.The request to defer settlement discussions until 30 days after an order is issued on the Motion to Dismiss is GRANTED. Ordered by Magistrate Judge Elizabeth Cowan Wright on 8/15/2019. (TMA)
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| Filing 37 LETTER TO MAGISTRATE JUDGE by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC . (Garner, W) |
| Filing 36 EXHIBIT Defendants' 8.2.19 Hearing Presentation re #25 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) filed by Franchoice, Inc., Peter Gilfillan.(Vettleson, Ryan) |
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Filing 35
ORDER/NOTICE: Rule 26 Meeting Report due by 8/19/2019. Pretrial Conference set for 8/26/2019 at 10:00 AM in Judge's Chambers, Suite 342 (STP) before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 8/5/2019. Associated Cases: 0:19-cv-00484-MJD-ECW et al.(TMA) (Additional attachment(s) added on 8/6/2019: #1 Consent Form) (MMG).
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| Filing 34 Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Motion Hearing held on 8/2/2019 re #25 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) filed by Franchoice, Inc., Peter Gilfillan. (TMA) |
| Filing 33 NOTICE of Appearance by Elliot R Ginsburg on behalf of Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Ginsburg, Elliot) |
| Filing 32 Reply to Response to Motion re #25 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) filed by Franchoice, Inc., Peter Gilfillan. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Miller-Van Oort, Sonia) |
| Filing 31 Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Telephone Conference held on 6/17/2019. The Court held a status call to discuss the structure for the August 2, 2019 hearing on the pending motions to dismiss. The hearing will begin at 9:30 a.m. in Courtroom 3C of the St. Paul Courthouse. Counsel should plan on no more than 3 hours for the hearing. SO ORDERED. (TMA) |
| Filing 30 MEMORANDUM in Opposition re #25 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) Ex. 1, #3 Exhibit(s) Ex. 2)(Garner, W) |
| Filing 29 PROPOSED ORDER TO JUDGE re #25 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) filed by Franchoice, Inc., Peter Gilfillan.(Vettleson, Ryan) |
| Filing 28 MEET and CONFER STATEMENT re #25 Motion to Dismiss/General filed by Franchoice, Inc., Peter Gilfillan.(Vettleson, Ryan) |
| Filing 27 MEMORANDUM in Support re #25 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) filed by Franchoice, Inc., Peter Gilfillan. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Vettleson, Ryan) |
| Filing 26 NOTICE OF HEARING ON MOTION #25 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) : Motion Hearing set for 8/2/2019 at 01:00 PM in Courtroom 3C (STP) before Magistrate Judge Elizabeth Cowan Wright. (Vettleson, Ryan) |
| Filing 25 MOTION for Partial Dismissal of Amended Complaint Pursuant to Rules 12(b)(6) filed by Franchoice, Inc., Peter Gilfillan. (Vettleson, Ryan) Modified text on 5/23/2019 (ACH). |
| Filing 24 Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Telephone Conference held on 5/17/2019. The Court held a status call to discuss the joint discovery plan, pending motions to dismiss, and the timing of a settlement conference. The settlement conference set for August 28, 2019 is CANCELLED. A status call will be held June 17, 2019 at 3:30 p.m. The parties are to file on CM/ECF a proposal for the structure of the August 2, 2019 hearing on the motions to dismiss. SO ORDERED. (TMA) |
| Filing 23 Letter re: withdrawal of motion re #16 Notice of Hearing on Motion, #18 Proposed Order to Judge, #15 First MOTION to Dismiss/General Pursuant to Rules 12(b)(6) and 9(b), #17 Memorandum in Support of Motion. (Vettleson, Ryan) |
| Filing 22 AMENDED COMPLAINT against Franchoice, Inc., Peter Gilfillan. filed by Golden Polar Bear, LLC, Courtney Callen, Thomas Callen. No summons requested. (Garner, W) |
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Filing 20
ORDER REFERRING #15 First MOTION to Dismiss/General Pursuant to Rules 12(b)(6) and 9(b) filed by Franchoice, Inc., Peter Gilfillan to Judge Elizabeth Cowan Wright. Signed by Judge Michael J. Davis on 4/23/2019. (GRR)
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| Filing 19 RULE 7.1 DISCLOSURE STATEMENT. Capistar Franchise Holdings, Inc. is a corporate parent of Defendants Franchoice, Inc., Peter Gilfillan. (Vettleson, Ryan) |
| Filing 18 PROPOSED ORDER TO JUDGE re #15 First MOTION to Dismiss/General Pursuant to Rules 12(b)(6) and 9(b) filed by Franchoice, Inc., Peter Gilfillan.(Vettleson, Ryan) |
| Filing 17 MEMORANDUM in Support re #15 First MOTION to Dismiss/General Pursuant to Rules 12(b)(6) and 9(b) filed by Franchoice, Inc., Peter Gilfillan. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Vettleson, Ryan) |
| Filing 16 NOTICE OF HEARING ON MOTION #15 First MOTION to Dismiss/General Pursuant to Rules 12(b)(6) and 9(b) : Date and time to be determined. (Vettleson, Ryan) |
| Filing 15 First MOTION to Dismiss/General Pursuant to Rules 12(b)(6) and 9(b) filed by Franchoice, Inc., Peter Gilfillan. (Vettleson, Ryan) |
| Filing 14 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendants Franchoice, Inc., Peter Gilfillan. (Vettleson, Ryan) |
| Filing 13 NOTICE of Appearance by Ryan O Vettleson on behalf of Franchoice, Inc., Peter Gilfillan. (Vettleson, Ryan) |
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Filing 12
ORDER OF REASSIGNMENT OF RELATED CASES. Case reassigned to Judge Michael J. Davis and Magistrate Judge Elizabeth Cowan Wright for all further proceedings. Senior Judge David S. Doty, Magistrate Judge Tony N. Leung no longer assigned to case. NOTE: the new case number is 19-cv-484 MJD/ECW. Please use this case number for all subsequent pleadings. Signed by Judge Michael J. Davis, David S. Doty, Donovan W. Frank on 4/10/2019. Signed by Judge Patrick J. Schiltz on 4/12/2019.(MMG)
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| Filing 11 SUMMONS Returned Executed by Golden Polar Bear, LLC, Courtney Callen, Thomas Callen. Peter Gilfillan served on 3/30/2019, answer due 4/22/2019. (Garner, W) |
| Filing 10 SUMMONS Returned Executed by Golden Polar Bear, LLC, Courtney Callen, Thomas Callen. Franchoice, Inc. served on 3/27/2019, answer due 4/17/2019. (Garner, W) |
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Filing 9
TEXT ONLY ENTRY: ORDER granting #7 Motion for Admission Pro Hac Vice of Attorney Michael J Adams for Courtney Callen, Thomas Callen and for Golden Polar Bear, LLC. Approved by Magistrate Judge Tony N. Leung on 3/8/2019. (JGK)
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Filing 8
TEXT ONLY ENTRY: ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Robert B Calihan for Courtney Callen, Thomas Callen and for Golden Polar Bear, LLC. Approved by Magistrate Judge Tony N. Leung on 3/8/2019. (JGK)
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| Filing 7 MOTION for Admission Pro Hac Vice for Attorney Michael J. Adams. Filing fee $ 100, receipt number AMNDC-6710904 filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Johnsen, Erin) |
| Filing 6 MOTION for Admission Pro Hac Vice for Attorney Robert B. Calihan. Filing fee $ 100, receipt number AMNDC-6710895 filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC. (Johnsen, Erin) |
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Filing 5
ORDER Regarding Dispositive Motion Procedure. Signed by Senior Judge David S. Doty on 3/5/2019. (CLB)
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| Filing 4 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Robert B. Calihan and Michael J. Adams as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (MMP) |
| Filing 3 Summons Issued as to Franchoice, Inc., Peter Gilfillan. (MMP) |
| Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge David S. Doty per 3rd, 4th Civil Master list, referred to Magistrate Judge Tony N. Leung. Please use case number 19-cv-484 (DSD/TNL). (MMP) |
| Filing 1 COMPLAINT against Franchoice, Inc., Peter Gilfillan (filing fee $ 400, receipt number AMNDC-6696745) filed by Golden Polar Bear, LLC, Courtney Callen, Thomas Callen. Filer requests summons issued. ATTACHMENT FILED IN ERROR - (Attachments: #1 Summons ATTACHMENT FILED IN ERROR - #2 Summons #3 Civil Cover Sheet) (Garner, W) Modified text on 2/27/2019 (MMP). |
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