Oxbow Solar Professionals, Inc. v. Borrego Solar Systems, Inc. et al
Oxbow Solar Professionals, Inc., d/b/a Oxbow Sunworks and Oxbow Solar Professionals, Inc. doing business as Oxbow Sunworks |
Joan M. Wolf, Clara City Solar, LLC, Dianne W. Redman, Gary A. Wolf, Brayden D. Wagner, Olinda Trail Solar, LLC, Ag-Grow, Inc., Freeport State Bank, New Munich Solar, LLC, ABC Corporation, Mary Roe, Joan M. Bredeck, Stearns Solar I LLC, Morgan Charles Thomas Southard, MN Solar Gardens LLC, Northern States Power Company, Stearns County Regional Rail Authority and Stearns County |
Borrego Solar Systems, Inc. and Oxbow Solar Professionals, Inc. |
0:2020cv00567 |
February 20, 2020 |
US District Court for the District of Minnesota |
David T Schultz |
Eric C Tostrud |
Contract: Other |
28 U.S.C. § 1332 |
None |
Docket Report
This docket was last retrieved on January 4, 2022. A more recent docket listing may be available from PACER.
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Filing 71 ORDER granting #63 Motion to Withdraw as Attorney. Attorney Steven R Little terminated. Order directing party to file document/respond to Court within 30 days. Signed by Magistrate Judge David T. Schultz on 7/7/2021. (TJB) |
Filing 70 ** TEXT-ONLY ENTRY ** Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Motion Hearing held on 7/6/2021 re #63 MOTION to Withdraw as Attorney filed by Oxbow Solar Professionals, Inc. Appearances: Steven Little for Plaintiff and Counterclaim Defendant Oxbow, and for Additional Defendant on Counterclaim Morgan Charles Thomas Southard; Curt Smith for Defendant and Counterclaim Plaintiff Borrego. Mr. Southard was present. Time in court: 9 minutes (Audio Recording 3:04-3:13 PM). Order to be issued. (KAR) |
Filing 69 (Text-Only) NOTICE of Cancellation & Resetting of Hearing: Motion Hearing RESET for 7/6/2021 at 03:00 PM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. NOTE: TIME CHANGE ONLY. (TJB) |
Filing 68 RESPONSE re #63 MOTION to Withdraw as Attorney filed by Borrego Solar Systems, Inc., Borrego Solar Systems, Inc..(Smith, Curtis) |
Filing 67 PROPOSED ORDER TO JUDGE re #63 MOTION to Withdraw as Attorney filed by Oxbow Solar Professionals, Inc..(Little, Steven) |
Filing 66 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Oxbow Solar Professionals, Inc. re #64 Memorandum filed by Oxbow Solar Professionals, Inc..(Little, Steven) |
Filing 65 AFFIDAVIT of Steven R Little in SUPPORT OF #63 MOTION to Withdraw as Attorney filed by Oxbow Solar Professionals, Inc..(Little, Steven) |
Filing 64 MEMORANDUM filed by Oxbow Solar Professionals, Inc..(Little, Steven) |
Filing 63 MOTION to Withdraw as Attorney filed by Oxbow Solar Professionals, Inc.. (Little, Steven) |
Filing 62 NOTICE OF HEARING ON MOTION #63 MOTION to Withdraw by Oxbow Solar Professionals, Inc.: Motion Hearing set for 7/6/2021 at 1:00 PM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. (Little, Steven) Modified text on 6/25/2021 (MTP). |
Filing 61 FILED IN ERROR. INSTRUCTED TO REFILE USING CORRECT EVENT: MOTION to Withdraw as Attorney filed by Oxbow Solar Professionals, Inc. (Little, Steven) Modified text on 6/24/2021 (MTP). |
Filing 60 FILED IN ERROR. INSTRUCTED TO REFILE USING CORRECT EVENT: MOTION to Withdraw as Attorney filed by Oxbow Solar Professionals, Inc. (Little, Steven) Modified text on 6/24/2021 (MTP). |
Filing 59 FILED IN ERROR. INSTRUCTED TO REFILE USING CORRECT EVENT: MOTION to Withdraw as Attorney filed by Oxbow Solar Professionals, Inc. (Little, Steven) Modified text on 6/24/2021 (MTP). |
Filing 58 FILED IN ERROR. INSTRUCTED TO REFILE USING CORRECT EVENT: MOTION to Withdraw as Attorney filed by Oxbow Solar Professionals, Inc. (Little, Steven) Modified text on 6/24/2021 (MTP). |
Filing 57 FILED IN ERROR. INSTRUCTED TO REFILE: MOTION to Withdraw as Attorney filed by Oxbow Solar Professionals, Inc. (Little, Steven) Modified text on 6/24/2021 (MTP). |
Filing 56 FILED IN ERROR. INSTRUCTED TO REFILE USING CORRECT EVENT: MOTION to Withdraw as Attorney filed by Oxbow Solar Professionals, Inc. (Little, Steven) Modified text on 6/24/2021 (MTP). |
Filing 55 Minute Entry for proceedings held before Judge Eric C. Tostrud: Show Cause Hearing held on 6/9/2021. (Court Reporter Tim Willette) (RMM) |
Filing 54 OPINION AND ORDER: Defendant and Counterclaim-Plaintiff Borrego Solar Systems, Inc.'s Motion to Dismiss #40 is GRANTED. Plaintiff and Counterclaim-Defendant Oxbow Solar Professionals, Inc.'s claims, including all of the affirmative claims and counterclaims that it raised in Case No. 20-cv-567 and the consolidated cases, are DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Judge Eric C. Tostrud on 6/2/2021. (RMM) |
Filing 53 ORDER in Response to #51 Letter to District Judge for Continuance on Order to Show Cause Motion for Continuance. Show Cause Hearing set for 6/9/2021 at 1:00 PM in Courtroom 3B (STP) before Judge Eric C. Tostrud. Signed by Judge Eric C. Tostrud on 6/2/2021.(RMM) |
Filing 52 Minute Entry for proceedings held before Judge Eric C. Tostrud: Motion Hearing held on 6/1/2021 re #40 MOTION to Dismiss/General Claims & Counterclaims of Oxbow Solar Professionals, Inc. filed by Borrego Solar Systems, Inc., #50 Order to Show Cause. (Court Reporter Tim Willette) (RMM) Modified text on 6/2/2021 (MMP). |
Filing 51 LETTER TO DISTRICT JUDGE for Continuance or Order to Show Cause filed by Oxbow Solar Professionals, Inc. (Little, Steven) Modified text on 6/2/2021 (MMP). |
Filing 50 ORDER in Response to #49 Letter to District Judge. ORDER TO SHOW CAUSE Hearing set for 6/1/2021 at 11:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud. See Order for details and specifics. Signed by Judge Eric C. Tostrud on 5/10/2021.(RMM) |
Filing 49 LETTER TO DISTRICT JUDGE by Borrego Solar Systems, Inc. . (Smith, Curtis) |
Filing 48 (Text-Only) NOTICE of Rescheduling of Hearing: The Motion Hearing scheduled for 6/1/2021 at 11:00 AM will be held in Courtroom 3B (STP) before Judge Eric C. Tostrud. Location change only.(RMM) |
Filing 47 Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Settlement Conference held on 4/14/2021. (TJB) |
Filing 46 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Borrego Solar Systems, Inc. re #42 Memorandum in Support of Motion,, filed by Borrego Solar Systems, Inc., Borrego Solar Systems, Inc..(Smith, Curtis) |
Filing 45 MEET and CONFER STATEMENT re #40 Motion to Dismiss/General filed by Borrego Solar Systems, Inc., Borrego Solar Systems, Inc..(Smith, Curtis) |
Filing 44 Declaration of Richard Elder in Support of #40 MOTION to Dismiss/General Claims & Counterclaims of Oxbow Solar Professionals, Inc. filed by Borrego Solar Systems, Inc., Borrego Solar Systems, Inc.. (Attachments: #1 Exhibit(s) A - Borrego's Rule 34 Request for Production to Oxbow Set One, #2 Exhibit(s) B - Borrego's Amended Motion to Compel Further Responses, #3 Exhibit(s) C - Oxbow Docket with Minute Order, #4 Exhibit(s) D - Order on Sanctions, #5 Exhibit(s) E - Peterson Condensed Deposition Transcript, #6 Exhibit(s) F - Southard Condensed Deposition Transcript, #7 Exhibit(s) G - Notice to Preserve)(Smith, Curtis) |
Filing 43 PROPOSED ORDER TO JUDGE re Borrego's Motion to Dismiss Oxbow's Claims and Counterclaims #40 Motion to Dismiss/General. (Smith, Curtis) |
Filing 42 MEMORANDUM in Support re #40 MOTION to Dismiss/General Claims & Counterclaims of Oxbow Solar Professionals, Inc. filed by Borrego Solar Systems, Inc., Borrego Solar Systems, Inc.. ATTACHMENTS FILED IN ERROR-WILL REFILE. (Attachments: #1 Exhibit(s) A - Borrego's Rule 34 Request for Production to Oxbow Set One, #2 Exhibit(s) B - Borrego's Amended Motion to Compel Further Responses, #3 Exhibit(s) C - Oxbow Docket with Minute Order, #4 Exhibit(s) D - Order on Sanctions, #5 Exhibit(s) E - Peterson Condensed Deposition Transcript, #6 Exhibit(s) F - Southard Condensed Deposition Transcript, #7 Exhibit(s) G - Notice to Preserve)(Smith, Curtis) Modified text on 4/1/2021 (MKB). |
Filing 41 NOTICE OF HEARING ON MOTION #40 MOTION to Dismiss/General Claims & Counterclaims of Oxbow Solar Professionals, Inc. : Motion Hearing set for 6/1/2021 at 11:00 AM in Video Conference (no courtroom) before Judge Eric C. Tostrud. (Smith, Curtis) |
Filing 40 MOTION to Dismiss/General Claims & Counterclaims of Oxbow Solar Professionals, Inc. filed by Borrego Solar Systems, Inc., Borrego Solar Systems, Inc.. (Smith, Curtis) |
Filing 39 ORDER/NOTICE FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 4/7/2021. Parties are directed to Meet and Confer by 4/7/2021. Settlement Conference set for 4/14/2021 at 09:00 AM before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 3/11/2021.Associated Cases: 0:20-cv-00567-ECT-DTS, 0:19-cv-02338-ECT-DTS, 0:20-cv-01059-ECT-DTS, 0:20-cv-01104-ECT-DTS, 0:20-cv-01109-ECT-DTS(TJB) |
Filing 38 SECOND AMENDED SCHEDULING ORDER on #36 Stipulation. Signed by Magistrate Judge David T. Schultz on 12/28/2020. (AJP) |
Filing 37 PROPOSED ORDER TO JUDGE re #36 Stipulation. (Smith, Curtis) |
Filing 36 STIPULATION re #35 Scheduling Order [Second Stipulation] by Borrego Solar Systems, Inc.. Jointly Signed by Oxbow Solar Professionals, Inc., d/b/a Oxbow Sunworks and Morgan Charles Thomas Southard. (Smith, Curtis) |
Filing 35 AMENDED SCHEDULING ORDER: Signed by Magistrate Judge David T. Schultz on 12/22/2020.(TJB) |
Filing 34 PROPOSED ORDER TO JUDGE re #33 Stipulation. (Smith, Curtis) |
Filing 33 STIPULATION re #21 Scheduling Order, to Amend Scheduling Order by Borrego Solar Systems, Inc.. Jointly Signed by Oxbow Solar Professionals, Inc. and Morgan Charles Thomas Southard. (Smith, Curtis) |
Filing 32 ORDER ON SANCTIONS. Signed by Magistrate Judge David T. Schultz on 11/10/2020.(TJB) |
Filing 31 ** TEXT-ONLY MINUTES & ORDER ** Minute Entry for proceedings held before Magistrate Judge David T. Schultz: granting #24 Motion to Compel; Motion Hearing held on 10/20/2020 re #24 Amended MOTION to Compel Further Responses to Discovery From Defendant and Counterclaimant Oxbow Solar Professionals, Inc. d/b/a Oxbow Sunworks filed by Borrego Solar Systems, Inc. Appearance: Curtis Smith for Borrego; no one appeared on behalf of Oxbow. Time in court: 17 minutes. The court GRANTS the motion to compel and ORDERS the following: (1) Oxbow shall produce all requested documents on or before 5:00 PM CDT on Monday, October 26, 2020. Any objections to such requests are deemed waived as a sanction under Fed. R. Civ. P. 26 and 37(a)(5). (2) As a further sanction under Rule 37(a)(5) Oxbow shall pay all reasonable attorney's fees and expenses incurred by Borrego in conjunction with its attempts to secure production of the documents by Oxbow. This order includes time and expense incurred by Minnesota counsel and out-of-state counsel, and encompasses all communications since the failure to produce the documents was brought to Oxbow's attention. Oxbow shall notify Magistrate Judge Schultz's chambers no later than 5:00 PM CDT on Monday, October 26, 2020 if it intends to object to the order to pay attorney's fees and expenses; failure to object by this deadline will be construed as a waiver of Oxbow's right to contest the attorney's fees and expenses sanction under Rule 37(a)(5). Borrego shall provide statements showing the attorney's fees and expenses to Magistrate Judge Schultz's chambers for in camera review no later than October 23, 2020 and shall provide a copy of such statements, redacted as needed, to counsel for Oxbow no later than October 23, 2020. (Court Reporter Renee Rogge) (KAR) Modified text on 10/21/2020 (TJB). |
Filing 30 MEET and CONFER STATEMENT re #24 Motion to Compel filed by Borrego Solar Systems, Inc..(Smith, Curtis) |
Filing 29 PROPOSED ORDER TO JUDGE re #24 Amended MOTION to Compel Further Responses to Discovery From Defendant and Counterclaimant Oxbow Solar Professionals, Inc. d/b/a Oxbow Sunworks filed by Borrego Solar Systems, Inc..(Smith, Curtis) |
Filing 28 Declaration of Curtis Smith in Support of #24 Amended MOTION to Compel Further Responses to Discovery From Defendant and Counterclaimant Oxbow Solar Professionals, Inc. d/b/a Oxbow Sunworks filed by Borrego Solar Systems, Inc..(Smith, Curtis) |
Filing 27 Declaration of Richard E. Elder in Support of #24 Amended MOTION to Compel Further Responses to Discovery From Defendant and Counterclaimant Oxbow Solar Professionals, Inc. d/b/a Oxbow Sunworks filed by Borrego Solar Systems, Inc..(Smith, Curtis) |
Filing 26 MEMORANDUM in Support re #24 Amended MOTION to Compel Further Responses to Discovery From Defendant and Counterclaimant Oxbow Solar Professionals, Inc. d/b/a Oxbow Sunworks filed by Borrego Solar Systems, Inc..(Smith, Curtis) |
Filing 25 AMENDED NOTICE of Hearing on Motion: #24 Amended MOTION to Compel Further Responses to Discovery From Defendant and Counterclaimant Oxbow Solar Professionals, Inc. d/b/a Oxbow Sunworks : Motion Hearing set for 10/20/2020 at 01:30 PM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. (Smith, Curtis) |
Filing 24 Amended MOTION to Compel Further Responses to Discovery From Defendant and Counterclaimant Oxbow Solar Professionals, Inc. d/b/a Oxbow Sunworks filed by Borrego Solar Systems, Inc.. (Smith, Curtis) |
Filing 23 ORDER ON STIPULATION FOR CONSOLIDATION OF CASES on (7 in 0:20-cv-01109-ECT-DTS) Stipulation, (8 in 0:20-cv-01059-ECT-DTS) Stipulation, (26 in 0:19-cv-02338-ECT-DTS) Stipulation, (19 in 0:20-cv-00567-ECT-DTS) Stipulation, (5 in 0:20-cv-01104-ECT-DTS) Stipulation. Signed by Magistrate Judge David T. Schultz on 9/29/2020.(CLK) |
Filing 22 ORDER OF REASSIGNMENT OF RELATED CASES that 20-cv-1109(ECT/LIB) has been reassigned to Magistrate Judge David T. Schultz. Signed by Judge Eric C. Tostrud on 9/28/2020.(MMG) |
Filing 21 SCHEDULING ORDER: Amended Pleadings due by 11/30/2020. Fact Discovery due by 12/30/2020. Motions (non-disp) due 10/30/2020. Motions (disp) due by 12/30/2020. Ready for trial due by 6/1/2021. Signed by Magistrate Judge David T. Schultz on 5/20/2020. (TJB) |
Filing 20 PROPOSED ORDER TO JUDGE re #19 Stipulation. (Smith, Curtis) |
Filing 19 STIPULATION to Consolidate Federal Actions by Borrego Solar Systems, Inc.. Jointly Signed by Oxbow Solar Professionals. (Smith, Curtis) |
Filing 18 Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Initial Pretrial Conference held on 4/28/2020. (TJB) |
Filing 17 NOTICE of Withdrawal as Attorney for Plaintiff and Counterclaim Defendant (Garvey, Timothy) |
Filing 16 REPORT of Rule 26(f) Planning Meeting. Filed by Borrego Solar Systems, Inc.. Jointly Signed by Oxbow Solar Professionals.(Smith, Curtis) |
Filing 15 LETTER TO MAGISTRATE JUDGE by Oxbow Solar Professionals, Inc. . (Little, Steven) |
Filing 13 NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Oxbow Solar Professionals, Inc.. (Thompson, Jennifer) |
Filing 12 ORDER/NOTICE FOR PRETRIAL CONFERENCE: Parties are directed to Meet and Confer by 4/21/2020. Rule 26 Meeting Report due by 4/21/2020. Pretrial Conference set for 4/28/2020 at 11:00 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 3/20/2020. (Attachments: #1 Consent Form)(TJB) |
Filing 11 REPLY to Counterclaim filed by Oxbow Solar Professionals, Inc.. (Lee-O'Halloran, Patrick) |
Filing 10 Order of Reassignment of Related Cases. This case reassigned to Judge Eric C. Tostrud and Magistrate Judge David T. Schultz for all further proceedings. Judge Susan Richard Nelson, Magistrate Judge Leo I. Brisbois no longer assigned to case. NOTE: the new case number is 20-cv-567 (ECT/DTS). Please use this case number for all subsequent pleadings. Signed by Judge Eric C. Tostrud and Judge Susan Richard Nelson on 3/2/2020. (MMP) |
Filing 9 TEXT ONLY ENTRY: ORDER granting #7 Motion for Admission Pro Hac Vice of Attorney Richard E. Elder for Borrego Solar Systems, Inc.. ; granting #8 Motion for Admission Pro Hac Vice of Attorney Laura Lee Gildengorin for Borrego Solar Systems, Inc.. Ordered by Magistrate Judge Leo I. Brisbois on 2/28/2020. (JGK) |
Filing 8 MOTION for Admission Pro Hac Vice for Attorney Laura L. Gildengorin. Filing fee $ 100, receipt number AMNDC-7516117 filed by Borrego Solar Systems, Inc., Borrego Solar Systems, Inc.. (Doerr, Sarah) |
Filing 7 MOTION for Admission Pro Hac Vice for Attorney Richard E. Elder. Filing fee $ 100, receipt number AMNDC-7516095 filed by Borrego Solar Systems, Inc., Borrego Solar Systems, Inc.. (Doerr, Sarah) |
Filing 6 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Richard Elder, Laura L. Gildengorin 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#. (CLK) |
Filing 5 CERTIFICATE OF SERVICE by Borrego Solar Systems, Inc. re #1 Notice of Removal,, #2 Answer to Complaint, Counterclaim (Doerr, Sarah) |
Filing 4 NOTICE of Appearance by Sarah E Doerr on behalf of Borrego Solar Systems, Inc.. (Doerr, Sarah) |
Filing 3 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Susan Richard Nelson per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 20-cv-567 SRN/LIB. (CLK) |
Filing 2 ANSWER to Complaint , COUNTERCLAIM against Oxbow Solar Professionals, Inc. filed by Borrego Solar Systems, Inc. (Smith, Curtis) Modified text on 2/21/2020 (CLK). |
Filing 1 NOTICE OF REMOVAL from State of Minnesota, Chippewa County District Court, case number 12-CV-19-394 (filing fee $ 400, receipt number AMNDC-7498942) filed by Borrego Solar Systems, Inc.. No summons requested. (Attachments: #1 Exhibit(s) Summons and Complaint and Amended Complaint, #2 Exhibit(s) All process, pleadings or orders served upon Defendant, #3 Notice of Filing of Notice of Removal, #4 Civil Cover Sheet) (Smith, Curtis) Modified text on 2/21/2020 (CLK). |
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