Bishop, et al v. DeLaval Inc., et al
| Bernard Robillard, Terry Bishop, Denise Robillard and Robillard Flat Farms, Inc. |
| DeLaval Inc. and DeLaval International |
| 5:2019cv06129 |
| September 27, 2019 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| Fernando J Gaitan |
| Contract Product Liability |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.
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| Filing 39 MOTION to strike Class Allegations and Incorporated Suggestions in Support filed by Gregory K. Wu on behalf of DeLaval Inc.. Suggestions in opposition/response due by 12/9/2019 unless otherwise directed by the court. (Wu, Gregory) |
| Filing 38 NOTICE (SEALED) by DeLaval International re #36 Suggestions in Support of Motion, Exhibit E (Wu, Gregory) |
Filing 37
ORDER: Before the Court is Defendants' Motion for Leave to File Limited Portion of Exhibit Under Seal. (Doc. #34). For good cause stated the Motion is granted. Defendants are granted leave to file under seal Exhibit E to Suggestions in Support of DeLaval International ABs and DeLaval Holdings AB's Motion to Dismiss. Signed on 11/22/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Ellis, Lindsey)
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| Filing 36 SUGGESTIONS in support re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Erin Vaughn Bolden on behalf of Defendants DeLaval Inc. (Attachments: #1 Exhibit A - Cline Declaration, #2 Exhibit B - Chart of Applicable Law)(Related document(s) #35 ) (Bolden, Erin) Modified on 11/25/2019 to amend docket text to reflect that filing as to DeLaval Inc. only; document remains the same; NEF regenerated(Ellis, Lindsey). |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Erin Vaughn Bolden on behalf of All Defendants. Suggestions in opposition/response due by 12/5/2019 unless otherwise directed by the court. (Bolden, Erin) |
| Filing 34 MOTION to seal document filed by Gregory K. Wu on behalf of All Defendants. Suggestions in opposition/response due by 12/5/2019 unless otherwise directed by the court. (Wu, Gregory) |
| Filing 33 SUGGESTIONS in support re #32 MOTION to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gregory K. Wu on behalf of Defendant DeLaval International. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Related document(s) #32 ) (Wu, Gregory) |
| Filing 32 MOTION to dismiss for lack of jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gregory K. Wu on behalf of DeLaval International. Suggestions in opposition/response due by 12/5/2019 unless otherwise directed by the court. (Wu, Gregory) |
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Filing 31
ORDER: Before the Court is Defendants' Unopposed Motion for Leave to File Excess Pages. (Doc. #30). For good cause stated the Motion is granted. Defendants are granted leave to file the suggestions in support of their forthcoming motion to dismiss in a length up to and including 25 pages. Signed on 11/20/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Ellis, Lindsey)
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| Filing 30 MOTION for leave to file excess pages (Unopposed) filed by Erin Vaughn Bolden on behalf of All Defendants. Suggestions in opposition/response due by 12/4/2019 unless otherwise directed by the court. (Bolden, Erin) |
| Filing 29 DESIGNATION OF MEDIATOR naming John Phillips(Wu, Gregory) |
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Filing 28
ORDER : Before the Court are 1) Defendant DeLaval Inc.'s Motion to Dismiss Plaintiffs' Class Action Petition (Doc. #20); and 2) Defendant DeLaval International AB's Motion to Dismiss Plaintiffs' Class Action Petition (Doc. #24). Given the filing of the Amended Class Action Complaint as a matter of course pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), the pending motions are denied without prejudice as moot. Signed on 11/8/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Ellis, Lindsey)
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| Filing 27 SUGGESTIONS in opposition re #24 MOTION to dismiss case Plaintiffs' Class Action Petition MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Patrick J. Stueve on behalf of Plaintiffs Terry Bishop, Bernard Robillard, Denise Robillard, Robillard Flat Farms, Inc.. Reply suggestions due by 11/21/2019 unless otherwise directed by the court. (Related document(s) #24 , #20 ) (Stueve, Patrick) |
| Filing 26 AMENDED COMPLAINT against All Defendants filed by Patrick J. Stueve on behalf of All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Stueve, Patrick) |
| Filing 25 SUGGESTIONS in support re #24 MOTION to dismiss case Plaintiffs' Class Action Petition MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gregory K. Wu on behalf of Defendant DeLaval International. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #24 ) (Wu, Gregory) |
| Filing 24 MOTION to dismiss case Plaintiffs' Class Action Petition, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gregory K. Wu on behalf of DeLaval International. Suggestions in opposition/response due by 11/14/2019 unless otherwise directed by the court. (Wu, Gregory) |
| Filing 23 DISCLOSURE OF CORPORATE INTERESTS filed by Gregory K. Wu on behalf of Defendant DeLaval International.(Wu, Gregory) |
| Filing 22 DISCLOSURE OF CORPORATE INTERESTS filed by Gregory K. Wu on behalf of Defendant DeLaval Inc..(Wu, Gregory) |
| Filing 21 SUGGESTIONS in support re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gregory K. Wu on behalf of Defendant DeLaval Inc.. (Attachments: #1 Exhibit A)(Related document(s) #20 ) (Wu, Gregory) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gregory K. Wu on behalf of DeLaval Inc.. Suggestions in opposition/response due by 11/7/2019 unless otherwise directed by the court. (Wu, Gregory) |
| Filing 19 Before the Court is Defendant DeLaval International's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Class Action Petition. (Doc. #18). For good cause stated the motion is granted. Defendant DeLaval International's answer or other responsive pleading is due on or before October 31, 2019. Signed on 10/23/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 18 MOTION for extension of time to file response/reply to Plaintiffs' Class Action Petition filed by Gregory K. Wu on behalf of DeLaval International. Suggestions in opposition/response due by 11/6/2019 unless otherwise directed by the court. (Wu, Gregory) |
| Filing 17 RETURN OF WAIVER OF SERVICE filed by Robillard Flat Farms, Inc., Bernard Robillard, Denise Robillard, Terry Bishop. Waiver sent to DeLaval International on 10/18/2019, answer due 12/17/2019. (Wilders, Bradley) |
| Filing 16 Before the Court is Defendants DeLaval Inc. and DeLaval International AB's Unopposed Motion for Leave to File Excess Pages. (Doc. #15). For good cause stated the Motion is granted. Defendants are granted leave to file their Suggestions in Support of its Motion to Dismiss in a length up to and including 20 pages. Signed on 10/21/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 15 MOTION for leave to file excess pages filed by Gregory K. Wu on behalf of All Defendants. Suggestions in opposition/response due by 11/1/2019 unless otherwise directed by the court. (Wu, Gregory) |
| 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) |
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Filing 14
RULE 16 NOTICE. Proposed scheduling order due by 12/3/2019. Scheduling Conference set for 12/18/2019 02:00 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 10/15/19 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 13
ORDER granting #11 motion to appear pro hac vice entered by Clerk of Court. Attorney Arend R Tensen for Terry Bishop,Arend R Tensen for Bernard Robillard,Arend R Tensen for Denise Robillard,Arend R Tensen for Robillard Flat Farms, 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. (Russel, Jeri)
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| Filing 12 NOTICE of appearance by Jillian A. Dent on behalf of All Plaintiffs (Attorney Jillian A. Dent added to party Terry Bishop(pty:pla), Attorney Jillian A. Dent added to party Bernard Robillard(pty:pla), Attorney Jillian A. Dent added to party Denise Robillard(pty:pla), Attorney Jillian A. Dent added to party Robillard Flat Farms, Inc.(pty:pla))(Dent, Jillian) |
| Filing 11 Motion to allow Arend R. Tensen to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6526302) filed by Bradley Wilders on behalf of All Plaintiffs. (Wilders, Bradley) |
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Filing 10
ORDER granting #7 , #8 & #9 motions to appear pro hac vice entered by Clerk of Court. Attorneys Erin Vaughn Bolden, Jonathon M. Studer, and Lynn Hagman Murray for DeLaval International and DeLaval International 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 9 Motion to allow Lynn H. Murray to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6519528) filed by Gregory K. Wu on behalf of All Defendants. (Wu, Gregory) |
| Filing 8 Motion to allow Jonathon M Studer to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6519505) filed by Gregory K. Wu on behalf of All Defendants. (Wu, Gregory) |
| Filing 7 Motion to allow Erin Vaughn Bolden to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6519486) filed by Gregory K. Wu on behalf of All Defendants. (Wu, Gregory) |
| 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 6 Before the Court is Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Class Action Petition. (Doc. #4). For good cause stated the Motion is granted. Defendants are granted an extension of time until and including October 24, 2019, to respond to Plaintiffs' Class Action Petition. Signed on 10/1/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 5 ADMINISTRATIVE TRANSFER. Due to a conflict of interest by the Honorable Fernando J. Gaitan, Jr., this case has been randomly reassigned to the Honorable Stephen R. Bough for all further proceedings. Please note the new case number: 5:19-06129-CV-SJ-SRB. This is a TEXT ONLY ENTRY. No document is attached. (Jones, Robin) |
| Filing 4 MOTION for extension of time to file answer filed by Gregory K. Wu on behalf of All Defendants. Suggestions in opposition/response due by 10/15/2019 unless otherwise directed by the court. (Attorney Gregory K. Wu added to party DeLaval Inc.(pty:dft), Attorney Gregory K. Wu added to party DeLaval International(pty:dft))(Wu, Gregory) |
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Filing 3
RULE 16 NOTICE. Please see text of order. Signed on 9/30/2019 by District Judge Fernando J. Gaitan, Jr. (Shawver, Marylynn)
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| 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)(Houston, Kiambu) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Platte County County, case number 19AE-CC00272, filed by Robert T. Adams on behalf of All Defendants. Filing fee $ 400, receipt number AMOWDC-6512495. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court File, #3 Exhibit Declaration of Francisco Rodriguez, #4 Exhibit Declaration of Kimberly Houck)(Adams, Robert) |
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