Tracy Family Farms, Inc. v. Precision Planting, LLC et al
Plaintiff: Tracy Family Farms, Inc.
Defendant: Cog Marketers, Ltd. d/b/a AgroLiquid, Precision Planting, LLC, Carlson Seed II, Inc., Midwest Agro Solutions, LLC and Cog Marketers, Ltd. doing business as AgroLiquid
Case Number: 5:2021cv06039
Filed: March 26, 2021
Court: US District Court for the Western District of Missouri
Presiding Judge: Roseann Ketchmark
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1446 pl
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2021 Filing 46 Defendant Carlson See II, Inc.'s ANSWER to #26 Amended Complaint (Second) on behalf of Carlson Seed II, Inc..(Forney, Gregory)
May 24, 2021 Filing 45 SUGGESTIONS in support re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts IV-VII of the Second Amended Complaint filed by Gregory P. Forney on behalf of Defendant Carlson Seed II, Inc.. (Related document(s) #44 ) (Forney, Gregory)
May 24, 2021 Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts IV-VII of the Second Amended Complaint filed by Gregory P. Forney on behalf of Carlson Seed II, Inc.. Suggestions in opposition/response due by 6/7/2021 unless otherwise directed by the court. (Forney, Gregory)
May 20, 2021 Filing 43 SUGGESTIONS in support re #42 MOTION to remand filed by Nancy I. Potter on behalf of Plaintiff Tracy Family Farms, Inc.. (Related document(s) #42 ) (Potter, Nancy)
May 20, 2021 Filing 42 MOTION to remand filed by Nancy I. Potter on behalf of Tracy Family Farms, Inc.. Suggestions in opposition/response due by 6/3/2021 unless otherwise directed by the court. (Potter, Nancy)
May 18, 2021 Filing 41 SUGGESTIONS in support re #40 MOTION to dismiss case Plaintiff's Second Amended Complaint filed by Kevin F. Hormuth on behalf of Defendant Cog Marketers, Ltd.. (Related document(s) #40 ) (Hormuth, Kevin)
May 18, 2021 Filing 40 MOTION to dismiss case Plaintiff's Second Amended Complaint filed by Kevin F. Hormuth on behalf of Cog Marketers, Ltd.. Suggestions in opposition/response due by 6/1/2021 unless otherwise directed by the court. (Hormuth, Kevin)
May 18, 2021 Filing 39 Defendant Precision Planting, LLC's ANSWER to #26 Amended Complaint on behalf of Precision Planting, LLC.(Helt, Christopher)
May 18, 2021 Filing 38 SUGGESTIONS in support re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nicholas K Robb on behalf of Defendant Midwest Agro Solutions, LLC. (Related document(s) #37 ) (Robb, Nicholas)
May 18, 2021 Filing 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nicholas K Robb on behalf of Midwest Agro Solutions, LLC. Suggestions in opposition/response due by 6/1/2021 unless otherwise directed by the court. (Robb, Nicholas)
May 17, 2021 Filing 36 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES of COG Marketers Ltd. dba AgroLiquid filed by Kevin F. Hormuth on behalf of Defendant Cog Marketers, Ltd..(Hormuth, Kevin)
May 14, 2021 Filing 35 First CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES Certificate of Service filed by Andrew Klonowski on behalf of Defendant Midwest Agro Solutions, LLC.(Klonowski, Andrew)
May 14, 2021 Opinion or Order Filing 34 SCHEDULING ORDER: Discovery due by 11/8/2021., Dispositive Motions due by 12/8/2021. Status Conference set for 9/29/2021 01:30 PM via teleconference. Initial Pretrial Conference set for 6/24/2022 02:30 PM, Final Pretrial Conference set for 7/21/2022 01:30 PM, and Jury Trial set for 7/25/2022 08:30 AM in Courtroom 8E, Kansas City (RK) before District Judge Roseann Ketchmark. Signed on May 14, 2021 by District Judge Roseann Ketchmark. (Wheeler, LaTandra)
May 14, 2021 Filing 33 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Michael Barzee on behalf of Defendant Carlson Seed II, Inc..(Attorney Michael Barzee added to party Carlson Seed II, Inc.(pty:dft))(Barzee, Michael)
May 12, 2021 Filing 32 DESIGNATION OF MEDIATOR naming Jay A. Daugherty(Helt, Christopher)
May 12, 2021 Filing 31 Joint PROPOSED SCHEDULING ORDER by Precision Planting, LLC. (Helt, Christopher)
May 12, 2021 Filing 30 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES of Defendant Precision Planting, LLC filed by Christopher Helt on behalf of Defendant Precision Planting, LLC.(Helt, Christopher)
May 5, 2021 Opinion or Order Filing 29 ORDER: (1) denying as moot Plaintiff's motion to remand (Doc. #20 ); (2) denying as moot Defendant Midwest Agro Solutions, LLC's motion to dismiss (Doc. #22 ); and (3) granting Defendant Carlson Seed II, LLC's unopposed motion for extension of time to file an answer (Doc. #28 ) Carlson Seed II, Inc. answer due on or before 5/28/2021. The parties may file new motions or may refile the motions denied as moot herein to the extent the arguments presented therein are not affected by the Second Amended Complaint. Signed on 5/5/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
May 5, 2021 Filing 28 MOTION for extension of time to file answer re #26 Amended Complaint filed by Gregory P. Forney on behalf of Carlson Seed II, Inc.. Suggestions in opposition/response due by 5/19/2021 unless otherwise directed by the court. (Related document(s) #26 ) (Forney, Gregory)
May 5, 2021 Filing 27 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Nancy I. Potter on behalf of Plaintiff Tracy Family Farms, Inc..(Potter, Nancy)
May 4, 2021 Filing 26 AMENDED COMPLAINT against All Defendants filed by Nancy I. Potter on behalf of Tracy Family Farms, Inc..(Potter, Nancy)
May 4, 2021 Opinion or Order Filing 25 ORDER granting #19 unopposed motion to file amended complaint. Signed on 5/4/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
May 4, 2021 Filing 24 NOTICE of appearance by Gregory P. Forney on behalf of Carlson Seed II, Inc. (Attorney Gregory P. Forney added to party Carlson Seed II, Inc.(pty:dft))(Forney, Gregory)
April 29, 2021 Filing 23 SUGGESTIONS in opposition re #20 MOTION to remand filed by Christopher Helt on behalf of Defendants Carlson Seed II, Inc., Cog Marketers, Ltd., Midwest Agro Solutions, LLC, Precision Planting, LLC. Reply suggestions due by 5/13/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A- Original Petition, #2 Exhibit B - Declaration of Jonathan E. Dias)(Related document(s) #20 ) (Helt, Christopher)
April 26, 2021 Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nicholas K Robb on behalf of Midwest Agro Solutions, LLC. Suggestions in opposition/response due by 5/10/2021 unless otherwise directed by the court. (Robb, Nicholas)
April 15, 2021 Filing 21 SUGGESTIONS in support re #20 MOTION to remand filed by Nancy I. Potter on behalf of Plaintiff Tracy Family Farms, Inc.. (Related document(s) #20 ) (Potter, Nancy)
April 15, 2021 Filing 20 MOTION to remand filed by Nancy I. Potter on behalf of Tracy Family Farms, Inc.. Suggestions in opposition/response due by 4/29/2021 unless otherwise directed by the court. (Potter, Nancy)
April 15, 2021 Filing 19 MOTION to amend/correct Complaint filed by Nancy I. Potter on behalf of Tracy Family Farms, Inc.. Suggestions in opposition/response due by 4/29/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit Second Amended Complaint)(Potter, Nancy)
April 13, 2021 Opinion or Order Filing 18 ORDER granting #17 unopposed Motion for Extension of Time to Answer. Cog Marketers, Ltd. answer due on or before 5/7/2021. Signed on 4/13/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
April 13, 2021 Filing 17 MOTION for extension of time to file answer re #12 Amended Complaint filed by Kevin F. Hormuth on behalf of Cog Marketers, Ltd.. Suggestions in opposition/response due by 4/27/2021 unless otherwise directed by the court. (Related document(s) #12 ) (Hormuth, Kevin)
April 12, 2021 Opinion or Order Filing 16 ORDER granting #15 unopposed Motion for Extension of Time to Answer Midwest Agro Solutions, LLC answer due on or before 5/7/2021. Signed on 4/12/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
April 12, 2021 Filing 15 MOTION for extension of time to file answer filed by Andrew Klonowski on behalf of Midwest Agro Solutions, LLC. Suggestions in opposition/response due by 4/26/2021 unless otherwise directed by the court. (Klonowski, Andrew)
April 9, 2021 Opinion or Order Filing 14 ORDER granting #13 unopposed Motion for Extension of Time to Answer. Precision Planting, LLC answer due on or before 5/7/2021. Signed on 4/9/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
April 9, 2021 Filing 13 MOTION for extension of time to file answer re #12 Amended Complaint filed by Christopher Helt on behalf of Precision Planting, LLC. Suggestions in opposition/response due by 4/23/2021 unless otherwise directed by the court. (Related document(s) #12 ) (Helt, Christopher)
March 31, 2021 Filing 12 AMENDED COMPLAINT against All Defendants filed by Nancy I. Potter on behalf of Tracy Family Farms, Inc..(Potter, Nancy)
March 31, 2021 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)
March 30, 2021 Filing 11 NOTICE of appearance by Andrew Klonowski on behalf of Midwest Agro Solutions, LLC (Attorney Andrew Klonowski added to party Midwest Agro Solutions, LLC(pty:dft))(Klonowski, Andrew)
March 29, 2021 Filing 10 RESPONSE to motion for removal filed by Keith J. Schieber on behalf of Defendant Carlson Seed II, Inc.. Reply suggestions due by 4/12/2021 unless otherwise directed by the court. (Schieber, Keith)
March 29, 2021 Filing 9 NOTICE of appearance by Keith J. Schieber on behalf of Carlson Seed II, Inc. (Schieber, Keith)
March 29, 2021 Filing 8 NOTICE of filing Consent to Removal by Midwest Agro Solutions, LLC (Robb, Nicholas)
March 29, 2021 Filing 7 NOTICE of filing Consent to Removal by Cog Marketers, Ltd. (Hormuth, Kevin)
March 29, 2021 Filing 6 NOTICE of appearance by Jamie Ann Rodriguez on behalf of Tracy Family Farms, Inc. (Attorney Jamie Ann Rodriguez added to party Tracy Family Farms, Inc.(pty:pla))(Rodriguez, Jamie)
March 29, 2021 Filing 5 NOTICE of appearance by Thomas Roy Larson on behalf of Precision Planting, LLC (Larson, Thomas)
March 29, 2021 Filing 4 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)
March 29, 2021 Opinion or Order Filing 3 RULE 16 NOTICE. Rule 26 conference due by 4/28/2021. Proposed scheduling order due by 5/12/2021. Signed on March 29, 2021 by District Judge Roseann Ketchmark. (Wheeler, LaTandra)
March 29, 2021 Filing 2 NOTICE of filing of Notice to State Court of Removal of Civil Action by Precision Planting, LLC (Helt, Christopher)
March 26, 2021 Filing 1 NOTICE OF REMOVAL from 4th Judicial Circuit, Gentry County Missouri County, case number 21GE-CC00012, filed by Christopher Helt on behalf of Precision Planting, LLC. Filing fee $402, receipt number AMOWDC-7351064. (Attachments: #1 Civil Cover Sheet Removal Civil Cover Sheet, #2 Exhibit A - Plaintiff's Petition, #3 Exhibit B- Summons to Defendant Precision Planting, LLC, #4 Exhibit C- Summons to Defendant Carlson Seed, #5 Exhibit D - Summons to Defendant Midwest Agro, #6 Exhibit E- Summons to Defendant Cog Marketers d/b/a AgroLiquid, #7 Exhibit F - Defendant Cog Marketers d/b/a AgroLiquid's Motion to Dismiss, #8 Exhibit G - Defendant Cog Marketers d/b/a AgroLiquid's Memo in Support of Motion to Dismiss, #9 Exhibit H - Declaration of Wendy Ulrich, #10 Exhibit I - Declaration of Jonathan Diaz)(Helt, Christopher)

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Defendant: Cog Marketers, Ltd. d/b/a AgroLiquid
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Defendant: Precision Planting, LLC
Represented By: Christopher Helt
Represented By: Thomas Roy Larson
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Defendant: Carlson Seed II, Inc.
Represented By: Keith J. Schieber
Represented By: Gregory P. Forney
Represented By: Michael Barzee
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Defendant: Midwest Agro Solutions, LLC
Represented By: Nicholas K Robb
Represented By: Andrew Klonowski
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Defendant: Cog Marketers, Ltd. doing business as AgroLiquid
Represented By: Kevin F. Hormuth
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Plaintiff: Tracy Family Farms, Inc.
Represented By: Nancy I. Potter
Represented By: Jamie Ann Rodriguez
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