Old Home Foods, Inc. v. Kemps, LLC
| Old Home Foods, Inc. |
| Kemps LLC |
| 0:2024cv03891 |
| October 11, 2024 |
| U.S. District Court for the District of Minnesota |
| Laura M Provinzino |
| Elizabeth Cowan Wright |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on November 1, 2024. A more recent docket listing may be available from PACER.
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Filing 35
(Text-Only) ORDER STAYING CASE: The Court has been notified of a settlement in this matter. The parties are directed to file a Stipulation for Dismissal or a joint update letter on the settlement finalization process on or before 12/30/2024. Pending filing of a Stipulation for Dismissal or status update, all deadlines in this case are stayed and hearings canceled. Ordered by Judge Laura M. Provinzino on 11/1/2024. (TJC)
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| Filing 34 (Text-Only) MINUTE ENTRY for proceedings held before Magistrate Judge Elizabeth Cowan Wright on 10/28/2024: Settlement Conference - Settlement Reached.Digital Recording Courtroom 3CTime: 9:00 a.m.-4:40 p.m.Total Time: 7 hours 40 minutesAPPEARANCES:For Plaintiff(s): Heidi BassettFor Defendant(s): Mathew Beyer PROCEEDINGS: Sealed terms stated on the record. Any transcript or copy of the audio file of the terms of settlement is CONFIDENTIAL and shall be SEALED. Access restricted to the parties and their counsel. (TMA) |
| Filing 33 (Text-Only) CLERK'S NOTICE OF REASSIGNMENT. Due to the appointment of Judge Laura M. Provinzino, this case is reassigned to her. Judge Katherine M. Menendez is no longer assigned to the case. NOTE: the new case number is 24-cv-3891 LMP/ECW. Please use this case number for all subsequent pleadings. Note: any current hearings or conferences before the district judge in this case are canceled unless otherwise indicated by the new DJ courtroom deputy. (kt) |
| Filing 32 STIPULATION Briefing Schedule by Kemps LLC. Jointly Signed by Old Home Foods, Inc. and Kemps LLC. (Beyer, Matthew) |
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Filing 31
(Text-Only) Order: The Court has reviewed the parties' stipulation in this matter and appreciates the hard work and cooperation it reflects. The Court adopts the parties' agreed-upon schedule for briefing of both the pending Motion for Preliminary Injunction and the pending Motion to Dismiss. The Court will set a hearing regarding both motions for the first full week in December. Ordered by Judge Katherine M. Menendez on 10/28/2024. (KD)
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| Filing 30 PROPOSED ORDER TO JUDGE re #26 MOTION to Dismiss/General Complaint of Old Home Foods, Inc. filed by Kemps LLC.(Beyer, Matthew) |
| Filing 29 Declaration of Matthew A. Beyer in Support of #26 MOTION to Dismiss/General Complaint of Old Home Foods, Inc. filed by Kemps LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5)(Beyer, Matthew) |
| Filing 28 MEMORANDUM in Support re #26 MOTION to Dismiss/General Complaint of Old Home Foods, Inc. filed by Kemps LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Beyer, Matthew) |
| Filing 27 NOTICE OF HEARING ON MOTION #26 MOTION to Dismiss/General Complaint of Old Home Foods, Inc. : Date and time to be determined. (Beyer, Matthew) |
| Filing 26 MOTION to Dismiss/General Complaint of Old Home Foods, Inc. filed by Kemps LLC. (Beyer, Matthew) |
| Filing 25 (Text-Only) MINUTE ENTRY for proceedings held before Judge Katherine M. Menendez on 10/17/2024: Status Conference.Court Reporter: Maria WeinbeckMinneapolis Courthouse, Courtroom Telephone ConferenceTime: 1:58-2:32 PMTotal Time: 34 minsAPPEARANCES:For Plaintiff(s): Katherine Cochran; Heidi BassettFor Defendant(s): Matthew Beyer The Court ordered the parties to continue to meet and confer in good faith. The Court issued a deadline of Wednesday, October 23, 2024 for the parties to file a stipulation with a briefing scheduling. In addition, the parties are instructed to work with Magistrate Judge Wright to schedule a settlement conference as soon as possible. (KD) |
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Filing 24
ORDER/NOTICE OF SCHEDULING: Confidential Letter to Court due by 10/25/2024. Parties are directed to Meet and Confer by 10/23/2024. Settlement Conference set for 10/28/2024 at 09:00 AM in Courtroom 3C (STP) before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 10/17/2024.(TMA)
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Filing 23
(Text-Only) ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Bryan Wade for Kemps LLC. Approved by Magistrate Judge Elizabeth Cowan Wright on 10/17/2024. (CNO)
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Filing 22
(Text-Only) ORDER/NOTICE TO ATTORNEY: Prior to the status call at 2:00 p.m. today, lead counsel for each side in this matter must meet and confer in a direct communication, either by telephone or in person. They must discuss whether the parties can agree on a schedule and whether the parties can agree on an approach to maintain the status quo while the motion is being considered. Ordered by Judge Katherine M. Menendez on 10/17/2024.(KAT)
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Filing 21
(Text-Only) ORDER/NOTICE OF SCHEDULING: Status Conference set for 10/17/2024 at 02:00 PM via Video Conference (no courtroom) before Judge Katherine M. Menendez. The call will be held via Zoom Audio-Only. Ordered by Judge Katherine M. Menendez on 10/17/2024.(KAT)
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| Filing 20 NOTICE of Appearance by Hattie Kathryn Miller on behalf of Kemps LLC. (Miller, Hattie) |
| Filing 19 NOTICE OF HEARING ON MOTION #6 MOTION for Preliminary Injunction - Expedited Handling Requested : Date and time to be determined. (Bassett, Heidi) |
| Filing 18 MOTION for Admission Pro Hac Vice for Attorney Bryan O. Wade. Filing fee $ 100, receipt number AMNDC-11427061 filed by Kemps LLC. (Beyer, Matthew) |
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Filing 17
(Text-Only) Order: The Plaintiff in this matter has filed a motion for a temporary restraining order/preliminary injunction and seeks expedited handling of that motion. The parties are Ordered to meet and confer to discuss a briefing schedule and roughly when this matter can be ready for a hearing. The parties shall file a stipulation with a proposal by the close of business on Friday, October 18, 2024. If the parties cannot agree, then by the same deadline, the parties shall docket a joint letter, not to exceed 4 pages, setting forth their respective positions. Ordered by Judge Katherine M. Menendez on 10/16/2024. (KD)
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| Filing 16 AFFIDAVIT of Arnie Maxwell in SUPPORT OF #6 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Old Home Foods, Inc..(Bassett, Heidi) |
| Filing 15 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 Old Home Foods, Inc.. (Bassett, Heidi) |
| Filing 14 PROPOSED ORDER TO JUDGE re #6 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Old Home Foods, Inc..(Bassett, Heidi) |
| Filing 13 MEET and CONFER STATEMENT re #6 Motion for Preliminary Injunction filed by Old Home Foods, Inc..(Bassett, Heidi) |
| Filing 12 AFFIDAVIT of Heidi Bassett in SUPPORT OF #6 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Old Home Foods, Inc..(Bassett, Heidi) |
| Filing 11 AFFIDAVIT of Sandra James in SUPPORT OF #6 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Old Home Foods, Inc..(Bassett, Heidi) |
| Filing 10 AFFIDAVIT of Marco Morales in SUPPORT OF #6 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Old Home Foods, Inc..(Bassett, Heidi) |
| Filing 9 AFFIDAVIT of Sandra Kadisak in SUPPORT OF #6 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Old Home Foods, Inc.. (Attachments: #1 Exhibit(s) Exhibit A to Declaration of Sandra Kadisak)(Bassett, Heidi) |
| Filing 8 MEMORANDUM in Support re #7 MOTION for Preliminary Injunction Notice of Hearing - Expedited Handling Requested, #6 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Old Home Foods, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Bassett, Heidi) |
| Filing 7 DOCUMENT FILED IN ERROR-EMAILED ATTORNEY TO REFILE. MOTION for Preliminary Injunction Notice of Hearing - Expedited Handling Requested filed by Old Home Foods, Inc.. (Bassett, Heidi) Modified text on 10/16/2024 (MMG). |
| Filing 6 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Old Home Foods, Inc.. (Bassett, Heidi) |
| Filing 5 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Kemps LLC. (Beyer, Matthew) Modified text on 10/15/2024 (MMG). |
| Filing 4 (Text-Only) Notice re: Removals & Transfers Motions that are pending upon removal or transfer are automatically terminated. You must refile the motions consistent with the #local rules if you would like them to be considered by this court. (MKB) |
| Filing 3 (Text-Only) Notice re: Non-Admitted AttorneyWe have received documents listing Bridgette Nunez 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#. (MKB) |
| Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 24-cv-3891 (KMM/ECW).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MKB) |
| Filing 1 NOTICE OF REMOVAL from District Court State of Minnesota Hennepin Count, case number 27-cv-24-15162 (filing fee $ 405, receipt number AMNDC-11419706) filed by Kemps, LLC. No summons requested. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Civil Cover Sheet) (Beyer, Matthew) |
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| Defendant: Kemps LLC | |
| Represented By: | Matthew Beyer |
| Represented By: | Hattie Kathryn Miller |
| Represented By: | Bryan Wade |
| Represented By: | Bryan Wade |
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| Plaintiff: Old Home Foods, Inc. | |
| Represented By: | Katherine Cochran |
| Represented By: | Heidi J Bassett |
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