Polywad, Inc. v. Federal Cartridge Company et al
| Polywad, Inc. |
| Federal Cartridge Company and Vista Outdoor Inc. |
| 0:2024cv01282 |
| April 11, 2024 |
| US District Court for the District of Minnesota |
| Dulce J Foster |
| Donovan W Frank |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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| Filing 35 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Jonathan Robert Miller, Timothy C. Davis, James F. McDonough, III, and Robert C Norman, Jr. 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 #www.mnd.uscourts.gov/forms/all-forms#. (kt)cc: Jonathan Robert Miller, Timothy C. Davis and James F. McDonough, III. |
| Filing 34 Case transferred in from District of Georgia Middle; Case Number 5:23-cv-00460. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Donovan W. Frank and referred to Magistrate Judge Dulce J. Foster per 3rd/4th Master List. |
Filing 33
ORDER OF TRANSFER transferring proceedings to the U.S. District Court for the District of Minnesota. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 4/9/2024. (vs) [Transferred from Georgia Middle on 4/11/2024.]
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| Case Electronically Transferred Out - District Transfer to Minnesota. All documents, including a certified copy of the docket sheet and pleading were transferred electronically. **The Notice of Electronic Filing serves as certification for these transferred documents.**Case Transfer Acknowledgment deadline 4/24/2024. (elp) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 32 REPLY to Response filed by FEDERAL CARTRIDGE COMPANY re #24 MOTION to Dismiss Plaintiff's First Amended Complaint (Attachments: #1 Exhibit L. Hansen Declaration ISO Federal's Reply with Exhibits)(NORMAN, ROBERT) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 31 REPLY to Response filed by VISTA OUTDOOR INC re #23 MOTION to Dismiss Plaintiff's First Amended Complaint (NORMAN, ROBERT) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 30 RESPONSE filed by POLYWAD INC re #23 MOTION to Dismiss Plaintiff's First Amended Complaint (MCDONOUGH, JAMES) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 29 RESPONSE filed by POLYWAD INC re #24 MOTION to Dismiss Plaintiff's First Amended Complaint (MCDONOUGH, JAMES) [Transferred from Georgia Middle on 4/11/2024.] |
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Filing 28
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by TIMOTHY C. DAVIS. (ksl) [Transferred from Georgia Middle on 4/11/2024.]
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| Filing 27 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE on behalf of POLYWAD INC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4593517, $100. LOCAL COUNSEL Name and Georgia Bar #: Jonathan R. Miller GA Bar #507179. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing)(DAVIS, TIMOTHY) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 26 This is a text only entry; no document issued. ORDER granting #25 Plaintiff's Unopposed Motion for Extension of Time to File RESPONSE to Defendants' pending Motions to Dismiss. Plaintiff's response due on or before March 13, 2024. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 3/6/2024 (TES) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 25 UNOPPOSED MOTION for Extension of Time to File RESPONSE as to #23 MOTION to Dismiss Plaintiff's First Amended Complaint, #24 MOTION to Dismiss Plaintiff's First Amended Complaint by POLYWAD INC filed by JAMES F MCDONOUGH, III.(MCDONOUGH, JAMES) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 24 MOTION to Dismiss Plaintiff's First Amended Complaint by FEDERAL CARTRIDGE COMPANY filed by ROBERT C NORMAN, JR. (Attachments: #1 Memorandum in Support ederal's Motion to Dismiss Plaintiff's First Amended Complaint)(NORMAN, ROBERT) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 23 MOTION to Dismiss Plaintiff's First Amended Complaint by VISTA OUTDOOR INC filed by ROBERT C NORMAN, JR. (Attachments: #1 Memorandum in Support Vista's Motion to Dismiss Plaintiff's First Amended Complaint, #2 Affidavit J. Ehrich Declaration)(NORMAN, ROBERT) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 22 AMENDED #1 Complaint, against All Defendants by POLYWAD INC (Attachments: #1 Exhibit A. Article: Vista Outdoor CEO Resigns Unexpectedly, #2 Exhibit B. LinkedIn Profile: Zacha, #3 Exhibit C. LinkedIn Profile: Schroeder, #4 Exhibit D. LinkedIn Profile: Carlson, #5 Exhibit E. LinkedIn Profile: Goodlin, #6 Exhibit F. Non-Disclosure Agreement, #7 Exhibit G. Menefee Package to Federal)(MCDONOUGH, JAMES) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 21 This is a text only entry; no document issued. ORDER granting #20 Motion for Leave to File Amended Complaint as the Defendants have given their consent. As a result, the Court terminates #9 Motion to Dismiss, #10 Motion to Dismiss and #10 Motion to Change Venue as moot. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 2/8/2024 (TES) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 20 MOTION for Leave to File Plaintiff's First Amended Complaint by POLYWAD INC filed by JAMES F MCDONOUGH, III. (Attachments: #1 Memorandum in Support of Plaintiff's Motion for Leave to Amend Its Complaint, #2 Exhibit 1. Proposed First Amended Complaint)(MCDONOUGH, JAMES) [Transferred from Georgia Middle on 4/11/2024.] |
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Filing 19
ORDER that Polywad file a substantive response to the Defendants motions to dismiss, consent to the transfer of venue to a Minnesota District Court or to file a proper motion for leave to amend its Complaint. Accordingly, because Polywad improperly amended its Complaint, the Court STRIKES Plaintiffs First Amended Complaint [Doc. 15]. Plaintiff must respond in one of the three ways listed above by February 7, 2024. Plaintiff should not ask for any extensions under the Local Rules or by motion without exceptional cause. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 1/31/2024. (vs) [Transferred from Georgia Middle on 4/11/2024.]
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| Filing 18 REPLY to Response filed by VISTA OUTDOOR INC re #9 MOTION to Dismiss Plaintiff's Complaint (Attachments: #1 Affidavit J. Ehrich Declaration ISO Vista's Reply to Motion to Dismiss)(NORMAN, ROBERT) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 17 REPLY to Response filed by FEDERAL CARTRIDGE COMPANY re #10 MOTION to Dismiss Plaintiff's Complaint or Transfer VenueMOTION to Change Venue (Attachments: #1 Exhibit Redlined Original Complaint)(NORMAN, ROBERT) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 16 RESPONSE filed by POLYWAD INC re #9 MOTION to Dismiss Plaintiff's Complaint, #10 MOTION to Dismiss Plaintiff's Complaint or Transfer VenueMOTION to Change Venue (MCDONOUGH, JAMES) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 15 ***STRICKEN***AMENDED #1 Complaint, against All Defendants by POLYWAD INC (Attachments: #1 Exhibit A. Article: Vista Outdoor CEO Resigns Unexpectedly, #2 Exhibit B. LinkedIn Profile: Zacha, #3 Exhibit C. LinkedIn Profile: Schroeder, #4 Exhibit D. LinkedIn Profile: Erik, #5 Exhibit E. LinkedIn Profile: Goodlin, #6 Exhibit F. Non-Disclosure Agreement, #7 Exhibit G. Menefee Package to Federal)(MCDONOUGH, JAMES) Modified on 1/31/2024 to add docket text(vs). [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 14 This is a text only entry; no document issued. ORDER granting #13 Motion for Extension of Time to File RESPONSE re #13 MOTION for Extension of Time to File RESPONSE as to #9 MOTION to Dismiss Plaintiff's Complaint, #10 MOTION to Dismiss Plaintiff's Complaint or Transfer Venue. Responses due 1/16/24 and reply due 1/30/24. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 1/2/2024 (TES) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 13 UNOPPOSED MOTION for Extension of Time to File RESPONSE as to #9 MOTION to Dismiss Plaintiff's Complaint, #10 MOTION to Dismiss Plaintiff's Complaint or Transfer VenueMOTION to Change Venue by POLYWAD INC filed by JAMES F MCDONOUGH, III.(MCDONOUGH, JAMES) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 12 Corporate Disclosure Statement by FEDERAL CARTRIDGE COMPANY, VISTA OUTDOOR INC identifying Other Affiliate VISTA COMMERCIAL AMMUNITION HOLDINGS COMPANY INC., Other Affiliate BLACKROCK INC., Other Affiliate VISTA OUTDOOR OPERATIONS LLC, Other Affiliate THE KINETIC GROUP OPERATIONS, LLC for VISTA OUTDOOR INC; Corporate Parent VISTA COMMERCIAL AMMUNITION HOLDINGS COMPANY INC. for FEDERAL CARTRIDGE COMPANY. (NORMAN, ROBERT) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 11 Jurisdictional Statement by FEDERAL CARTRIDGE COMPANY, VISTA OUTDOOR INC (NORMAN, ROBERT) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 10 MOTION to Dismiss Plaintiff's Complaint or Transfer Venue by FEDERAL CARTRIDGE COMPANY filed by ROBERT C NORMAN, JR. (Attachments: #1 Memorandum in Support Memorandum in Support of Federal's Motion to Transfer and Dismiss)(NORMAN, ROBERT). Added MOTION to Change Venue on 12/11/2023 (ggs). [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 9 MOTION to Dismiss Plaintiff's Complaint by VISTA OUTDOOR INC filed by ROBERT C NORMAN, JR. (Attachments: #1 Memorandum in Support Memorandum in Support of Vista's Motion to Dismiss, #2 Affidavit J. Ehrich Declaration ISO Vista's Motion to Dismiss)(NORMAN, ROBERT) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 8 NOTICE of Attorney Appearance by ROBERT C NORMAN, JR on behalf of All Defendants Attorney ROBERT C NORMAN, JR added to party FEDERAL CARTRIDGE COMPANY(pty:dft), Attorney ROBERT C NORMAN, JR added to party VISTA OUTDOOR INC(pty:dft)(NORMAN, ROBERT) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 7 NOTICE of Attorney Appearance by JONATHAN ROBERT MILLER on behalf of POLYWAD INC Attorney JONATHAN ROBERT MILLER added to party POLYWAD INC(pty:pla)(MILLER, JONATHAN) [Transferred from Georgia Middle on 4/11/2024.] |
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Filing 6
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by LOREN HANSEN. (mdm) [Transferred from Georgia Middle on 4/11/2024.]
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| Filing 5 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE on behalf of All Defendants Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4512164, $100. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing)(HANSEN, LOREN) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 4 Summons Issued as to FEDERAL CARTRIDGE COMPANY, VISTA OUTDOOR INC. Main Document: Summons FEDERAL CARTRIDGE COMPANY. (Attachments: #1 Summons VISTA OUTDOOR INC)(ggs) [Transferred from Georgia Middle on 4/11/2024.] |
| Notice of Deficiency (related document(s): #1 Complaint, filed by POLYWAD, INC. ); Parties were added using punctuation AND/OR title capitalization. The attorney case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. Please do not re-file, corrected by case manager.(ggs) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 3 Jurisdictional Statement by POLYWAD, INC. (MCDONOUGH, JAMES) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 2 Corporate Disclosure Statement by POLYWAD, INC. (MCDONOUGH, JAMES) [Transferred from Georgia Middle on 4/11/2024.] |
| Filing 1 COMPLAINT against All Defendants Fee paid: Receipt # AGAMDC-4503931, $402 filed by POLYWAD, INC. (Attachments: #1 Exhibit A. Non-Disclosure Agreement Between The Parties, #2 Exhibit B. Menefee Package to Federal, #3 Civil Cover Sheet, #4 Summons Federal Cartridge Company, #5 Summons Vista Outdoor Inc.)(MCDONOUGH, JAMES) [Transferred from Georgia Middle on 4/11/2024.] |
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