Sunflower Vegetable Oil, Inc. v. CMC Foods, Inc. et al
| Sunflower Vegetable Oil, Inc. |
| CMC Foods, Inc., Marilyn Mohme, Elyse Mohme, Larry Mohme and Century Vegetable Oil, LLC. |
| 4:2019cv00252 |
| April 1, 2019 |
| US District Court for the Western District of Missouri |
| Brian C Wimes |
| Other Fraud |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.
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Filing 58
Order of Dismissal. The Court hereby acknowledges the parties Stipulation of Dismissal Without Prejudice #57 . Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this matter is DISMISSED WITHOUT PREJUDICE. Signed on 9/8/20 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy)
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| Filing 57 STIPULATION of dismissal Without Prejudice by Sunflower Vegetable Oil, Inc.. (Beil, William) |
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Filing 56
ORDERED counsel for Plaintiff Sunflower Vegetable Oil, Inc.'s Motion to Withdraw (Doc. #55) is, consistent with the requirements of L.R. 83.2, GRANTED. Craig O'Dear, Terence Thum, and Logan Rutherford are granted leave to withdraw as counsel for plaintiff in this case. Signed on 8/25/2020 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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| Filing 55 MOTION to withdraw as attorney for Plaintiff Sunflower Vegetable Oil, Inc. filed by Terence J. Thum on behalf of Sunflower Vegetable Oil, Inc.. Suggestions in opposition/response due by 8/21/2020 unless otherwise directed by the court. (Thum, Terence) |
| Filing 54 NOTICE of appearance by William D. Beil on behalf of Sunflower Vegetable Oil, Inc. (Attorney William D. Beil added to party Sunflower Vegetable Oil, Inc.(pty:pla))(Beil, William) |
| Filing 53 NOTICE of appearance by Jason M. Hans on behalf of Sunflower Vegetable Oil, Inc. (Attorney Jason M. Hans added to party Sunflower Vegetable Oil, Inc.(pty:pla))(Hans, Jason) |
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Filing 52
SECOND AMENDED SCHEDULING AND TRIAL ORDER: Pretrial Discovery due by 11/6/2020. Dispositive Motions due by 11/11/2020. Amended Pleadings and Joinder of Parties due by 6/6/2020. Please see Order for additional deadilnes. Signed on 6/29/20 by District Judge Brian C. Wimes. (Anderson, Christy)
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| Filing 51 Joint MOTION to amend/correct #46 Amended Scheduling Order,, Terminate Motions, and Suggestions in Support Thereof filed by Terence J. Thum on behalf of Sunflower Vegetable Oil, Inc.. Suggestions in opposition/response due by 7/8/2020 unless otherwise directed by the court. (Related document(s) #46 ) (Thum, Terence) Modified on 6/29/2020 (Anderson, Christy). |
| Filing 50 Minute Entry. Proceedings held before District Judge Brian C. Wimes: TELEPHONE CONFERENCE held on 6/24/2020. Counsel appearing for Plaintiff(s): Craig O'Dear, Terrence Thum, Logan Rutherford. Counsel appearing for Defendant(s): Anthony Gosserand. Time in court: 1:08 p.m. to 1:20 p.m. To order a transcript of this hearing please contact Denise Halasey, 816-512-5657, denise_halasey@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy) |
| Filing 49 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 6/24/2020 01:00 PM before District Judge Brian C. Wimes. Counsel are to call: 877-336-1839, Access Code: 6328169, to participate.(Anderson, Christy) |
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Filing 48
ORDERED the parties' Joint Motion to Amend the Schedule and Trial Order (Doc. #47) is DENIED. Signed on 6/19/2020 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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| Filing 47 Joint MOTION to amend/correct #46 Amended Scheduling Order,, Terminate Motions, and Suggestions in Support Thereof filed by Terence J. Thum on behalf of Sunflower Vegetable Oil, Inc.. Suggestions in opposition/response due by 6/30/2020 unless otherwise directed by the court. (Related document(s) #46 ) (Thum, Terence) |
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Filing 46
AMENDED SCHEDULING ORDER: Final Pretrial Teleconference RESET for 2/11/2021 at 2:30 p.m. (Conference call-in numbers provided in previous order - see Doc. #24 . Jury Trial RESET for 3/15/2021 09:00 AM in Courtroom 7D, Kansas City (BCW) before District Judge Brian C. Wimes. Signed on 3/2/2020 by District Judge Brian C. Wimes. (Baldwin, Joella)
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| Filing 45 Joint MOTION to amend/correct #24 Scheduling Order, and Suggestions in Support Thereof filed by Terence J. Thum on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/4/2020 unless otherwise directed by the court. (Related document(s) #24 ) (Thum, Terence) |
| Filing 44 ANSWER to #40 Amended Complaint on behalf of Century Vegetable Oil, LLC..(Attorney Anthony Landery Gosserand added to party Century Vegetable Oil, LLC.(pty:dft))(Gosserand, Anthony) |
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Filing 43
ORDERED the parties' Joint Motion to Amend Scheduling Order in Part (Doc. #42) is GRANTED. Plaintiff shall designate any expert witness it intends to call at trial on or before January 10, 2020. Defendants shall designate any expert witness they intend to call at trial on or before February 14, 2020. Any rebuttal expert witness, if any, shall be designated on or before March 6, 2020. All other deadlines and requirements set forth in the Scheduling and Jury Trial Order (Doc. #24) remain in effect and unaltered. Signed on 12/17/2019 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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| SUMMONS ISSUED as to Century Vegetable Oil, LLC. (Crocker, Susan) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 12/4/2019 as Document No. 42-1, Exhibit Form of Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Kern, Kendra) |
| Filing 42 Joint MOTION to amend/correct Scheduling and Trial Order, and Suggestions in Support Thereof filed by Terence J. Thum on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/18/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit Form of Order)(Thum, Terence) Modified on 12/5/2019 please refer to docket modification. (Kern, Kendra) |
| Filing 41 ANSWER to #40 Amended Complaint on behalf of Mohme Defendants and on behalf of CMC Foods, Inc..(Gosserand, Anthony) |
| Filing 40 AMENDED COMPLAINT against All Defendants filed by Terence J. Thum on behalf of Sunflower Vegetable Oil, Inc.. (Attachments: #1 Exhibit A)(Thum, Terence) |
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Filing 39
ORDERED Plaintiff's motion for leave to file first amended complaint (Doc. #35) is, over Defendant's objection, GRANTED. Plaintiff is granted leave to file the proposed amended complaint (Doc. #35-1) as an independent electronic docket entry on or before November 26, 2019. Signed on 11/22/2019 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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| Filing 38 SUGGESTIONS in opposition re #35 MOTION for leave to file First Amended Complaint filed by Anthony Landery Gosserand on behalf of Defendants CMC Foods, Inc., Elyse Mohme, Larry Mohme, Marilyn Mohme. Reply suggestions due by 11/29/2019 unless otherwise directed by the court. (Related document(s) #35 ) (Gosserand, Anthony) |
| Filing 37 SUGGESTIONS in support re #35 MOTION for leave to file First Amended Complaint filed by Terence J. Thum on behalf of Plaintiff Sunflower Vegetable Oil, Inc.. (Related document(s) #35 ) (Thum, Terence) |
| Filing 36 Incomplete document filed in error. Correct document filed in entry #37. (Woods, Gloria). |
| Filing 35 MOTION for leave to file First Amended Complaint filed by Terence J. Thum on behalf of Sunflower Vegetable Oil, Inc.. Suggestions in opposition/response due by 11/15/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A - First Amended Complaint)(Thum, Terence) |
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Filing 34
PROTECTIVE ORDER - granting #30 motion for protective order. Signed on 10/28/19 by District Judge Brian C. Wimes. (Attachments: #1 Exhibit) (Baldwin, Joella)
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Filing 33
ORDERED Plaintiff's motion to withdraw as counsel (Doc. #27) is GRANTED. Pursuant to L.R. 83.2, Kimberly Almazan and Stephen Wilson are granted leave to withdraw as counsel for Plaintiff in this case. Signed on 10/25/2019 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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| Filing 32 CERTIFICATE OF SERVICE by All Defendants of First Interrogatories and First Requests for Production to Plaintiff filed by Anthony Landery Gosserand on behalf of Defendants CMC Foods, Inc., Elyse Mohme, Larry Mohme, Marilyn Mohme.(Gosserand, Anthony) |
| Filing 31 CERTIFICATE OF SERVICE by All Defendants of Responses to Second Request for Production filed by Anthony Landery Gosserand on behalf of Defendants CMC Foods, Inc., Elyse Mohme, Larry Mohme, Marilyn Mohme.(Gosserand, Anthony) |
| Filing 30 Joint MOTION for protective order filed by Logan Rutherford on behalf of Sunflower Vegetable Oil, Inc.. Suggestions in opposition/response due by 10/31/2019 unless otherwise directed by the court. (Rutherford, Logan) |
| Filing 29 AFFIDAVIT re #27 MOTION to withdraw as attorney of Record (Atty's Declaration) by Sunflower Vegetable Oil, Inc.. (Related document(s) #27 ) (Almazan, Kimberly) |
| Filing 28 AFFIDAVIT re #27 MOTION to withdraw as attorney of Record (Client's Declaration) by Sunflower Vegetable Oil, Inc.. (Related document(s) #27 ) (Almazan, Kimberly) |
| Filing 27 MOTION to withdraw as attorney of Record filed by Kimberly Almazan on behalf of Sunflower Vegetable Oil, Inc.. Suggestions in opposition/response due by 10/28/2019 unless otherwise directed by the court. (Almazan, Kimberly) |
| Filing 26 CERTIFICATE OF SERVICE by Sunflower Vegetable Oil, Inc. filed by Logan Rutherford on behalf of Plaintiff Sunflower Vegetable Oil, Inc..(Rutherford, Logan) |
| Filing 25 NOTICE of appearance by Logan Rutherford on behalf of Sunflower Vegetable Oil, Inc. (Attorney Logan Rutherford added to party Sunflower Vegetable Oil, Inc.(pty:pla))(Rutherford, Logan) |
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Filing 24
SCHEDULING AND JURY TRIAL ORDER: Jury Trial set for 9/28/2020 09:00 AM in Courtroom 7D, Kansas City (BCW) before District Judge Brian C. Wimes. Final Pretrial Teleconference set for 8/27/2020 at 8:30 a.m. See order for conference call-in numbers. Signed on 7/10/19 by District Judge Brian C. Wimes. (Baldwin, Joella)
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| Filing 23 Minute Entry. Proceedings held before District Judge Brian C. Wimes: SCHEDULING CONFERENCE held on 7/10/2019; scheduling order to issue. Counsel appearing for Plaintiff(s): Terry Thum. Counsel appearing for Defendant(s): Tony Gosserand. Time in court: 9:07 a.m. to 9:17 a.m. To order a transcript of this hearing please contact Denise Halasey, 816-512-5657, denise_halasey@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Baldwin, Joella) |
| Filing 22 NOTICE of appearance by Craig S. O'Dear on behalf of Sunflower Vegetable Oil, Inc. (Attorney Craig S. O'Dear added to party Sunflower Vegetable Oil, Inc.(pty:pla))(O'Dear, Craig) |
| Filing 21 NOTICE of appearance by Terence J. Thum on behalf of Sunflower Vegetable Oil, Inc. (Attorney Terence J. Thum added to party Sunflower Vegetable Oil, Inc.(pty:pla))(Thum, Terence) |
| Filing 20 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES of Plaintiff filed by Kimberly Almazan on behalf of Plaintiff Sunflower Vegetable Oil, Inc..(Almazan, Kimberly) |
| Filing 19 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES of Defendants filed by Anthony Landery Gosserand on behalf of Defendants CMC Foods, Inc., Elyse Mohme, Larry Mohme, Marilyn Mohme.(Gosserand, Anthony) |
| Filing 18 CERTIFICATE OF SERVICE by All Defendants of Defendants Responses and Objections to Plaintiffs Written Discovery filed by Anthony Landery Gosserand on behalf of Defendants CMC Foods, Inc., Elyse Mohme, Larry Mohme, Marilyn Mohme.(Gosserand, Anthony) |
| Filing 17 CERTIFICATE OF SERVICE by Sunflower Vegetable Oil, Inc. re Served Subpoena to Produce Documents filed by Kimberly Almazan on behalf of Plaintiff Sunflower Vegetable Oil, Inc..(Almazan, Kimberly) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) |
| Filing 16 DESIGNATION OF MEDIATOR naming Phil Miller(Gosserand, Anthony) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 5/31/2019 as Document No. 15, STIPULATION AND PROPOSED ORDER REGARDING CONFIDENTIAL INFORMATION. The proposed order filed on the formal record has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy at joella_baldwin@mow.uscourts.gov in Word format. This is a text entry only - no document is attached. (Kern, Kendra) |
| Filing 15 STIPULATION AND PROPOSED ORDER REGARDING CONFIDENTIAL INFORMATION by Sunflower Vegetable Oil, Inc.. (Almazan, Kimberly) |
| Filing 14 Joint PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN by Sunflower Vegetable Oil, Inc.. (Almazan, Kimberly) |
| Filing 13 CERTIFICATE OF SERVICE by Sunflower Vegetable Oil, Inc. re Discovery filed by Kimberly Almazan on behalf of Plaintiff Sunflower Vegetable Oil, Inc..(Almazan, Kimberly) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
| Filing 12 DISCLOSURE OF CORPORATE INTERESTS of CMC Foods, Inc. filed by Anthony Landery Gosserand on behalf of Defendant CMC Foods, Inc..(Gosserand, Anthony) |
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Filing 11
RULE 16 NOTICE. Proposed scheduling order due by 6/3/2019. Rule 26 conference due by 5/20/2019. Scheduling Conference set for 7/10/2019 09:00 AM in Courtroom 7D, Kansas City (BCW) before District Judge Brian C. Wimes. Signed on May 2, 2019 by District Judge Brian C. Wimes. (Baldwin, Joella)
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| Filing 10 ANSWER to #1 Complaint, with Jury Demand on behalf of CMC Foods, Inc., Elyse Mohme, Larry Mohme, Marilyn Mohme.(Attorney Anthony Landery Gosserand added to party CMC Foods, Inc.(pty:dft), Attorney Anthony Landery Gosserand added to party Elyse Mohme(pty:dft), Attorney Anthony Landery Gosserand added to party Larry Mohme(pty:dft), Attorney Anthony Landery Gosserand added to party Marilyn Mohme(pty:dft))(Gosserand, Anthony) |
| Filing 9 RETURN OF SERVICE of complaint executed by Sunflower Vegetable Oil, Inc.. CMC Foods, Inc. served on 4/10/2019, answer due 5/1/2019. (Almazan, Kimberly) |
| Filing 8 RETURN OF SERVICE of complaint executed by Sunflower Vegetable Oil, Inc.. Marilyn Mohme served on 4/12/2019, answer due 5/3/2019. (Almazan, Kimberly) |
| Filing 7 RETURN OF SERVICE of complaint executed by Sunflower Vegetable Oil, Inc.. Larry Mohme served on 4/12/2019, answer due 5/3/2019. (Almazan, Kimberly) |
| Filing 6 RETURN OF SERVICE of complaint executed by Sunflower Vegetable Oil, Inc.. Elyse Mohme served on 4/12/2019, answer due 5/3/2019. (Almazan, Kimberly) |
| SUMMONS ISSUED as to CMC Foods, Inc., Elyse Mohme, Larry Mohme, Marilyn Mohme. (Woods, Gloria) |
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Filing 5
ORDER granting #3 & #4 motion to appear pro hac vice entered by Clerk of Court. Attorneys W Stephen Wilson and Kimberly Almazan for Sunflower Vegetable Oil, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
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| Filing 4 Motion to allow Kimberly Almazan to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6250201) filed by Michael J Abrams on behalf of All Plaintiffs. (Abrams, Michael) |
| Filing 3 Motion to allow W. Stephen Wilson to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6250177) filed by Michael J Abrams on behalf of All Plaintiffs. (Abrams, Michael) |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 1 COMPLAINT against All Defendants filed by Michael J Abrams on behalf of Sunflower Vegetable Oil, Inc.. Filing fee $400, receipt number AMOWDC-6248303. Service due by 7/1/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Abrams, Michael) |
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