Core and Main, LP v. McCabe et al
Plaintiff: Core and Main, LP
Defendant: Dakota Supply Group, Inc. and Ron McCabe
Case Number: 0:2021cv01512
Filed: June 29, 2021
Court: US District Court for the District of Minnesota
Presiding Judge: Katherine M Menendez
Referring Judge: David T Schultz
2 Judge: Wilhelmina M Wright
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2021 Opinion or Order Filing 71 DEMAND for Trial by Jury by Core and Main, LP. (Goerke, Grant)
August 27, 2021 Opinion or Order Filing 70 TEXT-ONLY ORDER: Defendants request leave to file a late reply memorandum of law in support of Defendants' joint motion to dismiss. #64 Plaintiff objects to Defendants' request. #66 Defendants' request is GRANTED. The Court will consider Defendants' reply memorandum of law. Plaintiff's requests for attorneys' fees and to cancel the November 16, 2021 hearing and expedite trial #68 are DENIED. Ordered by Judge Wilhelmina M. Wright on 8/27/2021. (JSN)
August 25, 2021 Opinion or Order Filing 69 (Text-Only) ORDER in Response to E-mail dated 8/20/21. The Plaintiff's request to reset the hearing on its pending Motion to Expedite Discovery has been considered and is DENIED. The Court will hold the hearing on that motion via Zoom as scheduled at 9/13/2021 at 3:30 p.m. Ordered by Magistrate Judge Katherine M. Menendez on 8/25/2021. (KAT)
August 24, 2021 Opinion or Order Filing 68 LETTER TO DISTRICT JUDGE by Core and Main, LP . (Erickson, Kurt)
August 24, 2021 Opinion or Order Filing 67 REPLY re #24 Joint MOTION to Dismiss/General or in the Alternative MOTION for Summary Judgment filed by Dakota Supply Group, Inc., Ron McCabe. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate LR 7.1 Certificate)(Diehl, Samuel)
August 19, 2021 Opinion or Order Filing 66 LETTER TO DISTRICT JUDGE by Core and Main, LP . (Erickson, Kurt)
August 19, 2021 Opinion or Order Filing 65 JUDGMENT (Attachments: #1 Civil Notice - appeal)(CLK)
August 18, 2021 Opinion or Order Filing 64 LETTER TO DISTRICT JUDGE by Dakota Supply Group, Inc., Ron McCabe Regarding Briefing. (Diehl, Samuel)
August 18, 2021 Opinion or Order Filing 63 ORDER DENYING PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. (Written Opinion) Signed by Judge Wilhelmina M. Wright on 8/18/2021. (RJE)
August 18, 2021 Opinion or Order Filing 62 Minute Entry for proceedings held before Judge Wilhelmina M. Wright: Motion Hearing held on 8/18/2021 re #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Core and Main, LP. (Court Reporter Lori Simpson) (RJE)
August 18, 2021 Opinion or Order Filing 61 DECLARATION of Jeremy Hanson by Core and Main, LP . (Erickson, Kurt)
August 17, 2021 Opinion or Order Filing 60 TEXT-ONLY ORDER: The Court's August 16, 2021 Text-Only Order 58 is VACATED. The parties shall comply with the magistrate judge's August 16, 2021 Order #59 . Ordered by Judge Wilhelmina M. Wright on 8/17/2021. (DAC)
August 16, 2021 Opinion or Order Filing 59 ORDER in Response to #57 Letter: Plaintiff's request for permission to file a reply brief regarding the motion to expedite discovery is denied. ORDER Setting Hearing on #46 MOTION to Expedite Discovery and an Early Trial Date: Motion Hearing set for 9/13/2021 at 03:30 PM before Magistrate Judge Katherine M. Menendez. The hearing will be conducted by videoconference and the link for joining the hearing will be sent separately to counsel. See order for additional details. (Written Opinion) Signed by Magistrate Judge Katherine M. Menendez on 8/16/2021. (BJP)
August 16, 2021 Opinion or Order Filing 58 VACATED PER 60 ORDER: TEXT-ONLY ORDER: On August 13, 2021, Plaintiff Core and Main, LP, filed a letter #57 requesting permission to file a reply to Defendants Ron McCabe and Dakota Supply Group, Inc.'s memorandum in opposition to Core and Main's motion for expedited discovery and an early trial date. That request is DENIED. The Court will hear oral argument on Core and Main's August 5, 2021 motion for expedited discovery and an early trial date on August 18, 2021, in conjunction with Core and Main's motion for injunctive relief. Ordered by Judge Wilhelmina M. Wright on 8/16/2021. (RJE) Modified text on 8/17/2021 (kt).
August 13, 2021 Opinion or Order Filing 57 LETTER TO DISTRICT JUDGE by Core and Main, LP . (Goerke, Grant)
August 13, 2021 Opinion or Order Filing 56 DECLARATION of Samuel W. Diehl in Opposition to #46 MOTION to Expedite Discovery and an Early Trial Date filed by Dakota Supply Group, Inc., Ron McCabe. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4)(Diehl, Samuel)
August 13, 2021 Opinion or Order Filing 55 DECLARATION of Ron McCabe in Opposition to #46 MOTION to Expedite Discovery and an Early Trial Date filed by Dakota Supply Group, Inc., Ron McCabe.(Diehl, Samuel)
August 13, 2021 Opinion or Order Filing 54 MEMORANDUM in Opposition re #46 MOTION to Expedite Discovery and an Early Trial Date filed by Dakota Supply Group, Inc., Ron McCabe. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Diehl, Samuel)
August 9, 2021 Opinion or Order Filing 53 DECLARATION of Kurt J. Erickson in Opposition to #24 Joint MOTION to Dismiss/General or in the Alternative MOTION for Summary Judgment filed by Core and Main, LP.(Erickson, Kurt)
August 9, 2021 Opinion or Order Filing 52 MEMORANDUM in Opposition re #24 Joint MOTION to Dismiss/General or in the Alternative MOTION for Summary Judgment filed by Core and Main, LP. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Erickson, Kurt)
August 5, 2021 Opinion or Order Filing 51 PROPOSED ORDER TO JUDGE re #46 Motion to Expedite. (Erickson, Kurt)
August 5, 2021 Opinion or Order Filing 50 MEET and CONFER STATEMENT re #46 Motion to Expedite filed by Core and Main, LP. (Attachments: #1 Exhibit(s) 1 - 2)(Erickson, Kurt)
August 5, 2021 Opinion or Order Filing 49 Declaration of Kurt J. Erickson in Support of #46 MOTION to Expedite Discovery and an Early Trial Date filed by Core and Main, LP. (Attachments: #1 Exhibit(s) 1 - 2)(Erickson, Kurt)
August 5, 2021 Opinion or Order Filing 48 MEMORANDUM in Support re #46 MOTION to Expedite Discovery and an Early Trial Date filed by Core and Main, LP. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Erickson, Kurt)
August 5, 2021 Opinion or Order Filing 47 NOTICE OF HEARING ON MOTION #46 MOTION to Expedite Discovery and an Early Trial Date : Date and time to be determined. (Erickson, Kurt)
August 5, 2021 Opinion or Order Filing 46 MOTION to Expedite Discovery and an Early Trial Date filed by Core and Main, LP. (Erickson, Kurt)
August 3, 2021 Opinion or Order Filing 45 Declaration of David Mueck in Support of #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Core and Main, LP. (Attachments: #1 Exhibit(s) Exhibit A - Declaration of David Mueck, #2 Exhibit(s) Exhibit B - Declaration of David Mueck, #3 Exhibit(s) Exhibit C - Declaration of David Mueck)(Goerke, Grant)
August 3, 2021 Opinion or Order Filing 44 MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Core and Main, LP. (Attachments: #1 Certificate of Compliance)(Goerke, Grant)
July 30, 2021 Opinion or Order Filing 43 TEXT-ONLY ORDER: Plaintiff's July 29, 2021 letter request #41 is DENIED. Ordered by Judge Wilhelmina M. Wright on 7/30/2021. (DAC)
July 29, 2021 Opinion or Order Filing 42 PROPOSED ORDER TO JUDGE re TRO #5 Motion for TRO. (Erickson, Kurt)
July 29, 2021 Opinion or Order Filing 41 LETTER TO DISTRICT JUDGE by Core and Main, LP . (Erickson, Kurt)
July 29, 2021 Opinion or Order Filing 40 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #38 Sealed Document(s) - 39 . (Erickson, Kurt)
July 29, 2021 Opinion or Order Filing 39 SEALED EXHIBIT A to Josh Thill Declaration re #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Core and Main.(Erickson, Kurt)
July 29, 2021 Opinion or Order Filing 38 DECLARATION of Josh Thill re #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested by Core and Main, LP . (Erickson, Kurt)
July 29, 2021 Opinion or Order Filing 37 DECLARATION of Daniel Moore re #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested by Core and Main, LP . (Erickson, Kurt)
July 29, 2021 Opinion or Order Filing 36 DECLARATION of Adam Moulton re #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested by Core and Main, LP . (Erickson, Kurt)
July 28, 2021 Opinion or Order Filing 35 DECLARATION of Ron McCabe, Second Declaration in Opposition to #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Dakota Supply Group, Inc., Ron McCabe.(Diehl, Samuel)
July 27, 2021 Opinion or Order Filing 34 DECLARATION of Joe Rubbelke in Opposition to #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Dakota Supply Group, Inc., Ron McCabe.(Diehl, Samuel)
July 27, 2021 Opinion or Order Filing 33 DECLARATION of Tom Judd in Opposition to #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Dakota Supply Group, Inc., Ron McCabe.(Diehl, Samuel)
July 27, 2021 Opinion or Order Filing 32 DECLARATION of Melissa Lunak in Opposition to #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Dakota Supply Group, Inc., Ron McCabe.(Diehl, Samuel)
July 27, 2021 Opinion or Order Filing 31 DOCUMENT FILED IN ERROR. WILL REFILE. DECLARATION of Ron McCabe, Second Declaration in Opposition to #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Dakota Supply Group, Inc., Ron McCabe.(Diehl, Samuel) Modified text on 7/28/2021 (CLK).
July 27, 2021 Opinion or Order Filing 30 MEMORANDUM in Opposition re #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Dakota Supply Group, Inc., Ron McCabe. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance)(Diehl, Samuel)
July 21, 2021 Opinion or Order Filing 29 NOTICE OF HEARING ON MOTION #24 Joint MOTION to Dismiss/General or in the Alternative MOTION for Summary Judgment : Motion Hearing set for 11/16/2021 at 01:00 PM in Courtroom 7A (STP) before Judge Wilhelmina M. Wright. (Diehl, Samuel)
July 19, 2021 Opinion or Order Filing 28 PROPOSED ORDER TO JUDGE RE FINDINGS OF FACT/CONCLUSIONS OF LAW on Defendants' Motion to Dismiss or in the Alternative for Summary Judgment. (Diehl, Samuel)
July 19, 2021 Opinion or Order Filing 27 NOTICE OF HEARING ON MOTION #24 Joint MOTION to Dismiss/General or in the Alternative MOTION for Summary Judgment : Date and time to be determined. (Diehl, Samuel)
July 19, 2021 Opinion or Order Filing 26 Declaration of Ron McCabe in Support of #24 Joint MOTION to Dismiss/General or in the Alternative MOTION for Summary Judgment filed by Dakota Supply Group, Inc., Ron McCabe. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2)(Diehl, Samuel)
July 19, 2021 Opinion or Order Filing 25 MEMORANDUM in Support re #24 Joint MOTION to Dismiss/General or in the Alternative MOTION for Summary Judgment filed by Dakota Supply Group, Inc., Ron McCabe. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Diehl, Samuel)
July 19, 2021 Opinion or Order Filing 24 Joint MOTION to Dismiss/General or in the Alternative, MOTION for Summary Judgment filed by Dakota Supply Group, Inc., Ron McCabe. (Diehl, Samuel)
July 19, 2021 Opinion or Order Filing 23 (Text-Only) ORDER #22 Stipulation. The requested extension is GRANTED. Defendants shall answer or otherwise respond by 7/19/2021. Ordered by Magistrate Judge Katherine M. Menendez on 7/19/2021.(JEN)
July 16, 2021 Opinion or Order Filing 22 STIPULATION Regarding the Extension of Time to Respond to the Complaint by Core and Main, LP. Jointly signed by Ron McCabe, Dakota Supply Group, Inc. (Erickson, Kurt) Modified text on 7/19/2021 (CLK).
July 16, 2021 Opinion or Order Filing 21 PROTECTIVE ORDER. Signed by Magistrate Judge Katherine M. Menendez on 7/16/2021. (KAT)
July 16, 2021 Opinion or Order Filing 20 PROPOSED ORDER TO JUDGE re #19 Stipulation. (Erickson, Kurt)
July 16, 2021 Opinion or Order Filing 19 STIPULATION for Protective Order by Core and Main, LP. Jointly signed by Ron McCabe, Dakota Supply Group, Inc. (Erickson, Kurt) Modified text on 7/19/2021 (CLK).
July 13, 2021 Opinion or Order Filing 18 TEXT ONLY ENTRY: ORDER that #15 MOTION for Leave to File Documents as Confidential filed by Plaintiff Core and Main, LP, #16 MOTION for Temporary Restraining Order filed by Plaintiff Core and Main, LP is/are not properly before this court and therefore denied without prejudice. In order to be considered, any motion previously filed in state court must be refiled in compliance with the Federal Rules of Civil Procedure and the Local Rules of this District. Orders entered by the state court prior to removal remain in effect. Approved by the Court on 7/13/2021. (KDS)
July 13, 2021 Opinion or Order Filing 17 TEXT ONLY ENTRY: NOTICE re #16 Motion for TRO, #15 Motion for Miscellaneous Relief is a copy of a document filed in Dakota County District Court. (KDS)
July 13, 2021 Opinion or Order Filing 16 MOTION for Temporary Restraining Order and Temporary Injunction filed by Core and Main, LP. (KDS)
July 13, 2021 Opinion or Order Filing 15 MOTION for Leave to File Documents as Confidential filed by Core and Main, LP. (KDS)
July 7, 2021 Opinion or Order Filing 14 BRIEFING AND HEARING SCHEDULE. Motion Hearing is set for 8/18/21 at 11:30 AM via telephone conference (no courtroom) before Judge Wilhelmina M. Wright. Dial-in instructions will be sent to counsel via email. Signed by Judge Wilhelmina M. Wright on 7/7/2021. (JSN)
July 6, 2021 Opinion or Order Filing 13 MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested REDACTED COPY filed by Core and Main, LP. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Erickson, Kurt)
July 6, 2021 Opinion or Order Filing 12 PROPOSED ORDER TO JUDGE re #5 Motion for TRO. (Erickson, Kurt)
July 6, 2021 Opinion or Order Filing 11 Declaration of Michael Lane in Support of #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Core and Main, LP.(Erickson, Kurt)
July 6, 2021 Opinion or Order Filing 10 SEALED Declaration of Michael Lane in Support of #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Core and Main LP.(Erickson, Kurt)
July 6, 2021 Opinion or Order Filing 9 Declaration of Wade Baumberger in Support of #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Core and Main, LP. (Attachments: #1 Exhibit(s) A)(Erickson, Kurt)
July 6, 2021 Opinion or Order Filing 8 Declaration of Chris Brinkworth in Support of #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Core and Main, LP.(Erickson, Kurt)
July 6, 2021 Opinion or Order Filing 7 SEALED MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Core and Main LP. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Erickson, Kurt)
July 6, 2021 Opinion or Order Filing 6 NOTICE OF HEARING ON MOTION #5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested : Date and time to be determined. (Erickson, Kurt)
July 6, 2021 Opinion or Order Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction - Expedited Handling Requested filed by Core and Main, LP. (Erickson, Kurt)
July 1, 2021 Opinion or Order Filing 4 ORDER OF RECUSAL. Magistrate Judge David T. Schultz recused. Case reassigned to Magistrate Judge Katherine M. Menendez for all further proceedings. NOTE: the new case number is 21-cv-1512 WMW/KMM. Please use this case number for all subsequent pleadings Signed by Magistrate Judge David T. Schultz on 7/1/2021.(KDS)
June 29, 2021 Opinion or Order Filing 3 (Text-Only) NOTICE - Judge Wilhelmina M. Wright's Practice Pointers are available on the United States District Court for the District of Minnesota's #website. All parties are expected to be familiar with and adhere to these Practice Pointers, including Judge Wright's deviations from the Local Rules with respect to motion scheduling and briefing deadlines. (RJE)
June 29, 2021 Opinion or Order Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Wilhelmina M. Wright per 3rd/4th Civil Master list, referred to Magistrate Judge David T. Schultz. Please use case number 21-cv-1512 WMW/DTS. (KDS)
June 29, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Dakota County, case number 19HA-CV-21-2062 (filing fee $ 402, receipt number AMNDC-8851964) filed by Dakota Supply Group, Inc., Ron McCabe. No summons requested. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Civil Cover Sheet) (Diehl, Samuel)

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Defendant: Dakota Supply Group, Inc.
Represented By: Samuel W Diehl
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Defendant: Ron McCabe
Represented By: Samuel W Diehl
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Plaintiff: Core and Main, LP
Represented By: Kurt J Erickson
Represented By: Grant Daniel Goerke
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