Nationwide Agribusiness Insurance Company v. Smitty's Supply, Inc. et al
| Nationwide Agribusiness Insurance Company |
| Smitty's Supply, Inc. and Tractor Supply Company |
| CAM2 International L.L.C. |
| 4:2021cv00071 |
| February 9, 2021 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| Insurance |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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| Filing 48 SUGGESTIONS in opposition re #45 MOTION to dismiss party for Improper Venue re Nationwides Suggestions in Opposition to Defendants Motion to Dismiss for Improper Venue or, Alternatively, Motion to Transfer Venue filed by James K. Borcia on behalf of Plaintiff Nationwide Agribusiness Insurance Company. Reply suggestions due by 4/22/2021 unless otherwise directed by the court. (Related document(s) #45 ) (Borcia, James) |
| Filing 47 AMENDED COMPLAINT re First Amended Complaint for Declaratory Judgment against Smitty's Supply, Inc., Tractor Supply Company filed by James K. Borcia on behalf of Nationwide Agribusiness Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)Associated Cases: 4:20-md-02936-SRB, 4:21-cv-00071-SRB(Borcia, James) |
| Filing 46 SUGGESTIONS in support re (110 in 4:20-md-02936-SRB, 45 in 4:21-cv-00071-SRB) MOTION to dismiss party for Improper Venue filed by John J. Gates on behalf of Defendants Smitty's Supply, Inc., Tractor Supply Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)Associated Cases: 4:20-md-02936-SRB, 4:21-cv-00071-SRB(Gates, John) |
| Filing 45 MOTION to dismiss party for Improper Venue filed by John J. Gates on behalf of Smitty's Supply, Inc., Tractor Supply Company. Suggestions in opposition/response due by 4/8/2021 unless otherwise directed by the court. Associated Cases: 4:20-md-02936-SRB, 4:21-cv-00071-SRB(Attorney John J. Gates added to party Smitty's Supply, Inc.(pty:dft))(Gates, John) |
Filing 44
Before the Court is Defendants Smitty Supply, Inc.'s and Tractor Supply Company's Motion to Dismiss for Improper Venue, or Alternatively, Motion to Transfer Venue. (Doc. #9.) In light of this case's transfer to this Court pursuant to the JPML's Transfer Order, In Re: Smitty's/CAM2 Tractor Hyrdraulic Fluid Marketing, Sales Practices and Products Liability Litigation, MDL No. 2936 (J.P.M.L Feb. 5, 2021), the motion is DENIED WITHOUT PREJUDICE. If warranted, the parties may refile their motions on or before March 25, 2021. Signed on 2/22/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 43
Before the Court is Defendants Smitty Supply, Inc.'s, Tractor Supply Company's, and CAM2 International, LLC's Motion to Dismiss for Improper Venue, or Alternatively, Motion to Transfer Venue. (Doc. #16 in 21-00071-SRB; Doc. #8 in 21-00072-SRB.) In light of this case's transfer to this Court pursuant to the JPML's Transfer Order, In Re: Smitty's/CAM2 Tractor Hyrdraulic Fluid Marketing, Sales Practices and Products Liability Litigation, MDL No. 2936 (J.P.M.L Feb. 5, 2021), the motion is DENIED WITHOUT PREJUDICE. If warranted, the parties may refile their motions on or before March 25, 2021. Signed on 2/22/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 42
On February 19, 2021, the Court conducted a teleconference regarding the schedule of 21-cv-00071-SRB and 21-cv-00072-SRB. For the reasons stated during that teleconference, the parties are hereby ORDERED to file a proposed scheduling order on or before March 1, 2021. Signed on 2/19/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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| Filing 41 Minute Entry. Proceedings held before District Judge Stephen R. Bough: TELEPHONE CONFERENCE held on 2/19/2021. Order to be entered. Time in court: 1:05 p.m. to 1:30 p.m. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) |
| Filing 40 NOTICE of appearance by John J. Gates on behalf of CAM2 International L.L.C., Smitty's Supply, Inc. (Gates, John) |
| Filing 39 NOTICE of appearance by John J. Gates on behalf of Smitty's Supply, Inc. (Gates, John) |
| Filing 38 CASE TRANSFERRED IN from District of Louisiana Eastern; Case Number 2:20-cv-02890. |
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Filing 37
Order of MDL Transfer to Western District of Missouri. MDL case number is 2936. Electronic file, certified copy of transfer order, and docket sheet sent. (Attachments: #1 Transmittal Letter)(Reference: All Cases)(mm) [Transferred from laed on 2/9/2021.]
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| Filing 36 Notice of Conditional Transfer Order from MDL Panel regarding MDL 2936. (Reference: All Cases)(mm) [Transferred from laed on 2/9/2021.] |
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Filing 35
SCHEDULING ORDER: Final Pretrial Conference set for 10/21/2021 at 03:00 PM before Judge Sarah S. Vance. Bench Trial set for 11/1/2021 at 08:30 AM before Judge Sarah S. Vance. All discovery must be completed by 9/21/2021. Signed by Judge Sarah S. Vance on 1/21/2021. (Attachments: #1 Pre-Trial Notice)(Reference: All Cases)(mm) (NEF: MJ) [Transferred from laed on 2/9/2021.]
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| Filing 34 REPLY to Response re #9 MOTION to Dismiss for Improper Venue or Alternatively, Motion to Transfer Venue, and #16 MOTION to Dismiss for Improper Venue MOTION to Transfer Case filed by CAM2 International, LLC, Smitty's Supply, Inc., Tractor Supply Company. (Reference: all cases)(pp) [Transferred from laed on 2/9/2021.] |
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Filing 33
ORDER GRANTING #29 Motion for Leave to File Reply Memorndum in response to Nationwide Agribusiness Insurance Company's Opposition to Defendants' Motion to Dismiss for Improper Venue, or Alternatively, Motion to Transfer Venue. Signed by Judge Sarah S. Vance on 1/14/2021. (Reference: all cases)(pp) [Transferred from laed on 2/9/2021.]
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| Filing 32 RESPONSE/MEMORANDUM in Opposition filed by Nationwide Agribusiness Insurance Company re #29 MOTION for Leave to File Reply Memorandum. (Reference: All Cases)(Borcia, James) [Transferred from laed on 2/9/2021.] |
| Filing 31 Correction of Docket Entry by Clerk re #29 MOTION for Leave to File Reply Memorandum. **In Consolidated Matters, the caption must include a separate reference to list the case(s) to which the pleading pertains and that same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings.** (Reference: All Cases)(mm) [Transferred from laed on 2/9/2021.] |
| Filing 30 Correction of Docket Entry by Clerk re #28 Reply to Response to Motion. **Document filed in error. Document should have been attached to record document 29 when it was filed. Clerk has added document to record document 29. No further action is necessary.** (Reference: All Cases)(mm) [Transferred from laed on 2/9/2021.] |
| Filing 29 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum re: rec. docs. 9 & 16 by CAM2 International, LLC, Smitty's Supply, Inc., Tractor Supply Company. (Attachments: #1 Proposed Order) (Reference: All Cases)(Sherman, Matthew) (Additional attachment(s) added on 1/13/2021: #2 Proposed Pleading) (mm). [Transferred from laed on 2/9/2021.] |
| Filing 28 **FILED IN ERROR-CORRECTLY ATTACHED TO REC. DOC. 29** REPLY to Response to Motion filed by CAM2 International, LLC, Smitty's Supply, Inc., Tractor Supply Company re #9 MOTION to Dismiss for Improper Venue or Alternatively, Motion to Transfer Venue, #16 MOTION to Dismiss for Improper Venue, MOTION to Transfer Case. (Reference: All Cases)(Sherman, Matthew) Modified text on 1/13/2021 (mm). [Transferred from laed on 2/9/2021.] |
| Filing 27 Correction of Docket Entry by Clerk re #26 Response/Memorandum in Opposition to Motions. Upon further review, the Response/Memorandum in Opposition (R. Doc. 26) to the Motions to Dismiss or Transfer Venue will be accepted into the record. Per Chambers, the clerk has removed the deficiency associated with this filing. (Reference: all cases)(mp) [Transferred from laed on 2/9/2021.] |
| Filing 26 RESPONSE/MEMORANDUM in Opposition filed by Nationwide Agribusiness Insurance Company re #9 and #16 MOTIONs to Dismiss for Improper Venue or Alternatively, Motion to Transfer Venue. (Reference: All Cases)(Borcia, James) Modified text on 1/6/2021 (mm). Modified deficiency on 1/6/2021 (mp). [Transferred from laed on 2/9/2021.] |
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Filing 24
ORDER granting #22 Motion for Extension of Time to File Response. IT IS ORDERED that Plaintiff's motion for extension of time to 1/5/2021 to file its response to Defendants' motion to dismiss for improper venue or in the alternative motions to transfer venue is granted. Signed by Judge Sarah S. Vance on 12/23/2020. (Reference: All Cases)(mm) [Transferred from laed on 2/9/2021.]
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| Filing 23 Correction of Docket Entry by Clerk re #22 UNOPPOSED MOTION for Extension of Time to File Response. **Attachment had duplicate description. For attachments, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action.** (Reference: All Cases)(mm) [Transferred from laed on 2/9/2021.] |
| Filing 22 EXPARTE/CONSENT UNOPPOSED MOTION for Extension of Time to File Response as to #16 MOTION to Dismiss for Improper Venue, MOTION to Transfer Case, #9 MOTION to Dismiss for Improper Venue or Alternatively, Motion to Transfer Venue by Nationwide Agribusiness Insurance Company. (Attachments: #1 Proposed Order)(Reference: All Cases)(Borcia, James) Modified text on 12/22/2020 (mm). [Transferred from laed on 2/9/2021.] |
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Filing 25
ORDER granting #20 Motion to Appear Pro Hac Vice as to Matt Pickelman. Signed by Judge Sarah S. Vance on 12/18/2020. (Attachment(s): #1 PHV Notice) (Reference: All Cases) (mm). [Transferred from laed on 2/9/2021.]
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| Filing 21 Correction of Docket Entry by Clerk re #20 MOTION to Appear Pro Hac Vice Matt R. Pickelman. **1. Case number is incorrect on the pleading. All future pleadings should reflect 2:20-CV-2890. The number should start with a 2, not a 12. 2. In Consolidated Matters, the caption must include a separate reference to list the case(s) to which the pleading pertains and that same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings. 3. Filing attorney incorrectly selected Smitty's Supply, Inc. as a filer(s). Only parties named in the body of document should be selected as filers. Clerk took corrective action.** (Reference: All Cases)(mm) [Transferred from laed on 2/9/2021.] |
| Filing 20 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Matt R. Pickelman (Filing fee $ 100 receipt number ALAEDC-8649246) by Tractor Supply Company. (Attachments: #1 Exhibit-Certificate of Good Standing, #2 Exhibit-Declaration, #3 Exhibit-Consent to Elec. Filing, #4 Proposed Order)(Reference: All Cases)(Philips, Harry) Modified filers on 12/17/2020 (mm). [Transferred from laed on 2/9/2021.] |
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Filing 19
ORDER that a preliminary conference will be held on 1/21/2021 10:45 AM for the purpose of scheduling a pretrial conference and trial on the merit, and for discussion of the status of the case and discovery deadlines, as set forth in document. Signed by Judge Sarah S. Vance on 12/15/2020.(Reference: All Cases)(ko) [Transferred from laed on 2/9/2021.]
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Filing 18
ORDER-IT IS ORDERED that the #17 Request/Statement of Oral Argument is DENIED. The Court is currently reviewing the documents. If oral argument is deemed necessary, the parties will be notified accordingly. Signed by Judge Sarah S. Vance on 12/14/2020.(Reference: 20-2892)(cwa) [Transferred from laed on 2/9/2021.]
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| Filing 17 Request/Statement of Oral Argument by CAM2 International, LLC, Smitty's Supply, Inc., Tractor Supply Company regarding #16 MOTION to Dismiss for Improper Venue MOTION to Transfer Case. (Reference: 20-2892)(mp) [Transferred from laed on 2/9/2021.] |
| Filing 16 MOTION to Dismiss for Improper Venue, MOTION to Transfer Case by CAM2 International, LLC, Smitty's Supply, Inc., Tractor Supply Company. Motion(s) will be submitted on 1/6/2021. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5)(Reference: 20-2892)(mp) [Transferred from laed on 2/9/2021.] |
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Filing 15
ORDER: IT IS ORDERED that case numbers 20-2892 and 20-2890 are hereby consolidated. Signed by Judge Sarah S. Vance on 12/11/2020.(mm) [Transferred from laed on 2/9/2021.]
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| Filing 14 SUMMONS Returned Executed; Tractor Supply Company served on 11/20/2020, answer due 12/11/2020. (Sever, Jay) [Transferred from laed on 2/9/2021.] |
| Filing 13 SUMMONS Returned Executed; Smitty's Supply, Inc. served on 11/24/2020, answer due 12/15/2020. (Sever, Jay) [Transferred from laed on 2/9/2021.] |
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Filing 12
ORDER DENYING ORAL ARGUMENT re #10 Request/Statement of Oral Argument filed by Tractor Supply Company, Smitty's Supply, Inc. Signed by Judge Sarah S. Vance on 12/9/2020.(mm) [Transferred from laed on 2/9/2021.]
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| Filing 11 Correction of Docket Entry by Clerk re #9 MOTION to Dismiss for Improper Venue or Alternatively, Motion to Transfer Venue. **Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately.** (mm) [Transferred from laed on 2/9/2021.] |
| Filing 10 Request/Statement of Oral Argument by Smitty's Supply, Inc., Tractor Supply Company regarding #9 MOTION to Dismiss for Improper Venue or Alternatively, Motion to Transfer Venue. (mm) [Transferred from laed on 2/9/2021.] |
| Filing 9 MOTION to Dismiss for Improper Venue or Alternatively, Motion to Transfer Venue by Smitty's Supply, Inc., Tractor Supply Company. Motion(s) will be submitted on 12/30/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Request for Oral Argument)(Sherman, Matthew) [Transferred from laed on 2/9/2021.] |
| Filing 8 Notice of Related Case(s) by Smitty's Supply, Inc., Tractor Supply Company of related case(s) 2:20-cv-02892. Attorney Matthew Arthur Sherman added to party Smitty's Supply, Inc.(pty:dft), Attorney Matthew Arthur Sherman added to party Tractor Supply Company(pty:dft).(Sherman, Matthew) [Transferred from laed on 2/9/2021.] |
| Filing 7 Statement of Corporate Disclosure by Nationwide Agribusiness Insurance Company identifying Corporate Parent Nationwide Mutual Insurance Company for Nationwide Agribusiness Insurance Company (Sever, Jay) [Transferred from laed on 2/9/2021.] |
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Filing 6
ORDER granting #5 Motion to Appear Pro Hac Vice as to James K. Borcia. Signed by Judge Sarah S. Vance on 11/19/2020. (Attachments: #1 PHV Notice) (mm) [Transferred from laed on 2/9/2021.]
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| Filing 5 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice James K. Borcia (Filing fee $ 100 receipt number ALAEDC-8602929) by Nationwide Agribusiness Insurance Company. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Affidavit, #3 Exhibit C - ECF Consent Form, #4 Proposed Order)(Sever, Jay) [Transferred from laed on 2/9/2021.] |
| Filing 4 Correction of Docket Entry by Clerk re #1 Complaint. Filing attorney did not properly format the pdf of Summons. The pdf should not have the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. (bm) [Transferred from laed on 2/9/2021.] |
| Filing 3 Summons Issued as to Smitty's Supply, Inc., Tractor Supply Company. (Attachments: #1 Summons)(bm) [Transferred from laed on 2/9/2021.] |
| Filing 2 Initial Case Assignment to Judge Sarah S. Vance and Magistrate Judge Michael North. (go) [Transferred from laed on 2/9/2021.] |
| Filing 1 COMPLAINT against Smitty's Supply, Inc., Tractor Supply Company (Filing fee $ 400 receipt number ALAEDC-8562266) filed by Nationwide Agribusiness Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Civil Cover Sheet, #15 Summons Smitty's Supply, Inc., #16 Summons Tractor Supply Company)Attorney Jay Russell Sever added to party Nationwide Agribusiness Insurance Company(pty:pla).(Sever, Jay) (Attachment 15 replaced on 10/23/2020) (bm). (Attachment 16 replaced on 10/23/2020) (bm). [Transferred from laed on 2/9/2021.] |
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