Elliott Auto Supply Co., Inc. v. Fisher Auto Parts, Inc.
Plaintiff: Elliott Auto Supply Co., Inc. doing business as Factory Motor Parts
Defendant: Fisher Auto Parts, Inc.
Case Number: 0:2023cv02990
Filed: September 27, 2023
Court: US District Court for the District of Minnesota
Presiding Judge: Dulce J Foster
Referring Judge: Eric C Tostrud
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2023 Opinion or Order Filing 25 ORDER on #23 Stipulation Regarding Plaintiff's Request to Modify the Briefing Schedule on Defendant's Motion to Dismiss or in the Alternative to Transfer Venue. Signed by Judge Eric C. Tostrud on 11/22/2023.(RMM)
November 22, 2023 Opinion or Order Filing 24 PROPOSED ORDER TO JUDGE re #23 Stipulation,. (Berens, Barbara)
November 22, 2023 Opinion or Order Filing 23 STIPULATION REGARDING PLAINTIFFS REQUEST TO MODIFY THE BRIEFING SCHEDULE ON DEFENDANTS MOTION TO DISMISS OR IN THE ALTERNATIVE TO TRANSFER VENUE by Elliott Auto Supply Co., Inc. Jointly Signed by Fisher Auto Parts, Inc. (Berens, Barbara) Modified text on 11/22/2023 (MMP).
November 2, 2023 Opinion or Order Filing 22 AMENDED NOTICE of Hearing on Motion: #9 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, in the Alternative MOTION to Transfer/Change Venue : Motion Hearing set for 1/16/2024 at 10:00 AM in Courtroom 7A (STP) before Judge Eric C. Tostrud. (Kroll, Kyle)
October 31, 2023 Opinion or Order Filing 21 (Text-Only) ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Kate Carolyn Ashley,for Fisher Auto Parts, Inc.; granting #19 Motion for Admission Pro Hac Vice of Attorney Patrick Dillard for Fisher Auto Parts, Inc.; granting #20 Motion for Admission Pro Hac Vice of Attorney Ryan David Frei for Fisher Auto Parts, Inc. Approved by Magistrate Judge Dulce J. Foster on 10/31/2023. (jam)
October 27, 2023 Opinion or Order Filing 20 MOTION for Admission Pro Hac Vice for Attorney Ryan D. Frei. Filing fee $ 100, receipt number AMNDC-10624627 filed by Fisher Auto Parts, Inc.. (Kroll, Kyle)
October 27, 2023 Opinion or Order Filing 19 MOTION for Admission Pro Hac Vice for Attorney Patrick Dillard. Filing fee $ 100, receipt number AMNDC-10624608 filed by Fisher Auto Parts, Inc.. (Kroll, Kyle)
October 27, 2023 Opinion or Order Filing 18 MOTION for Admission Pro Hac Vice for Attorney Kate C. Ashley. Filing fee $ 100, receipt number AMNDC-10624577 filed by Fisher Auto Parts, Inc.. (Kroll, Kyle)
October 23, 2023 Opinion or Order Filing 17 (Text-Only) ORDER/NOTICE TO ATTORNEY: Due to the pending Motion to Dismiss (ECF No. #9 ), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Dulce J. Foster on 10/23/2023.(LNP)
October 20, 2023 Opinion or Order Filing 16 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Fisher Auto Parts, Inc.. (Boyd, Thomas)
October 20, 2023 Opinion or Order Filing 15 PROPOSED ORDER TO JUDGE re Motion to Transfer Venue. (Boyd, Thomas)
October 20, 2023 Opinion or Order Filing 14 PROPOSED ORDER TO JUDGE re Dismiss Plaintiff's Complaint Without Prejudice. (Boyd, Thomas)
October 20, 2023 Opinion or Order Filing 13 Declaration of Herbert L. Godschalk, III in Support of #9 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, in the Alternative MOTION to Transfer/Change Venue filed by Fisher Auto Parts, Inc..(Boyd, Thomas)
October 20, 2023 Opinion or Order Filing 12 MEET and CONFER STATEMENT re #9 Motion to Dismiss/Lack of Jurisdiction, Motion to Transfer/Change Venue filed by Fisher Auto Parts, Inc..(Boyd, Thomas)
October 20, 2023 Opinion or Order Filing 11 MEMORANDUM in Support re #9 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, in the Alternative MOTION to Transfer/Change Venue filed by Fisher Auto Parts, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Boyd, Thomas)
October 20, 2023 Opinion or Order Filing 10 NOTICE OF HEARING ON MOTION #9 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, in the Alternative MOTION to Transfer/Change Venue : Date and time to be determined. (Boyd, Thomas)
October 20, 2023 Opinion or Order Filing 9 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, in the Alternative, MOTION to Transfer/Change Venue filed by Fisher Auto Parts, Inc.. (Boyd, Thomas)
October 20, 2023 Opinion or Order Filing 8 NOTICE of Appearance by Kyle R Kroll on behalf of Fisher Auto Parts, Inc.. (Kroll, Kyle)
October 20, 2023 Opinion or Order Filing 7 NOTICE of Appearance by Thomas H Boyd on behalf of Fisher Auto Parts, Inc.. (Boyd, Thomas)
October 2, 2023 Opinion or Order Filing 6 SUMMONS Returned Executed by Elliott Auto Supply Co., Inc.. Fisher Auto Parts, Inc. served on 9/29/2023, answer due 10/20/2023. (Berens, Barbara)
September 27, 2023 Opinion or Order Filing 5 Summons Issued as to Fisher Auto Parts, Inc. (MKB)
September 27, 2023 Opinion or Order Filing 4 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Dulce J. Foster. Please use case number 23-cv-2990 (ECT/DJF).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MKB)
September 27, 2023 Opinion or Order Filing 3 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #2 Sealed Document(s) - Sealed Exhibit 2 - Dkt #2 . (Berens, Barbara)
September 27, 2023 Opinion or Order Filing 2 SEALED EXHIBIT 2 re #1 Complaint, by Elliott Auto Supply Co., Inc., d/b/a Factory Motor Parts. (Berens, Barbara) Modified text on 9/28/2023 (MMP).
September 27, 2023 Opinion or Order Filing 1 COMPLAINT against Fisher Auto Parts, Inc. (filing fee $ 402, receipt number AMNDC-10561981) filed by Eilliott Auto Supply Co., Inc., d/b/a Factory Motor Parts. Filer requests summons issued. (Attachments: #1 Exhibit(s) No. 1, #2 Civil Cover Sheet) (Berens, Barbara)

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Plaintiff: Elliott Auto Supply Co., Inc. doing business as Factory Motor Parts
Represented By: Barbara P Berens
Represented By: Kari S Berman
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Defendant: Fisher Auto Parts, Inc.
Represented By: Kate Carolyn Ashley
Represented By: Patrick Dillard
Represented By: Ryan David Frei
Represented By: Kyle R Kroll
Represented By: Thomas H Boyd
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