S & H Farm Supply, Inc. v. Bad Boy, Inc.
Plaintiff: S & H Farm Supply, Inc.
Defendant: Bad Boy, Inc.
Not Classified By Court: Quarles Supply Co., Inc.
Case Number: 6:2018cv03413
Filed: December 14, 2018
Court: US District Court for the Western District of Missouri
Presiding Judge: Lajuana M Counts
Referring Judge: Beth Phillips
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2020 Filing 174 PROPOSED JURY INSTRUCTIONS by Bad Boy, Inc. (DEFENDANTS ADDITIONAL SEPARATE PROPOSED JURY INSTRUCTION - ANNOTATED). (Kreamer, James)
September 14, 2020 Filing 173 PROPOSED JURY INSTRUCTIONS by S & H Farm Supply, Inc. . (Johnson, Shannon)
September 14, 2020 Filing 172 Joint PROPOSED JURY INSTRUCTIONS by S & H Farm Supply, Inc. . (Johnson, Shannon)
September 14, 2020 Filing 171 PROPOSED JURY INSTRUCTIONS by Bad Boy, Inc. . (Kreamer, James)
September 14, 2020 Filing 170 SUGGESTIONS in opposition re #152 MOTION in limine Defendant Bad Boy, Inc.'s Motions in Limine filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc.. Reply suggestions due by 9/28/2020 unless otherwise directed by the court. (Related document(s) #152 ) (Whiston, Gregory)
September 14, 2020 Filing 169 OBJECTIONS (non motions) by S & H Farm Supply, Inc. re #160 Proposed Voir Dire Questions. Related document: #160 Proposed Voir Dire filed by Bad Boy, Inc..(Whiston, Gregory)
September 14, 2020 Filing 168 DESIGNATION Counter-Counter Designations to Bad Boy's Counter-Designations of Craig Eubanks by S & H Farm Supply, Inc.. (Whiston, Gregory)
September 14, 2020 Filing 167 SUGGESTIONS in opposition re #147 MOTION in limine filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. Reply suggestions due by 9/28/2020 unless otherwise directed by the court. (Related document(s) #147 ) (Kreamer, James)
September 14, 2020 Filing 166 DESIGNATION -Counter-Counter Designations to Plaintiff's Counter-Deposition Designations of Steve Wardlow by Bad Boy, Inc.. (Kreamer, James)
September 10, 2020 Filing 165 PROPOSED EXHIBIT LIST by S & H Farm Supply, Inc.. (Whiston, Gregory)
September 10, 2020 Filing 164 PROPOSED WITNESS LIST by S & H Farm Supply, Inc. . (Whiston, Gregory)
September 10, 2020 Filing 163 PROPOSED VOIR DIRE by S & H Farm Supply, Inc. . (Whiston, Gregory)
September 10, 2020 Filing 162 PROPOSED EXHIBIT LIST by Bad Boy, Inc.. (Kreamer, James)
September 10, 2020 Filing 161 PROPOSED WITNESS LIST by Bad Boy, Inc. . (Kreamer, James)
September 10, 2020 Filing 160 PROPOSED VOIR DIRE by Bad Boy, Inc. . (Kreamer, James)
September 10, 2020 Opinion or Order Filing 159 ORDER granting #133 motion to strike supplemental expert report. Signed on 9/10/20 by Chief District Judge Beth Phillips. (Wolfe, Steve)
September 9, 2020 Filing 158 OBJECTIONS (non motions) by S & H Farm Supply, Inc. re #146 DESIGNATION (Plaintiff S & H Farm Supply, Inc.'s Objections and Counter-Designations to Defendant Bad Boy's Deposition Deginations). Related document: #146 DESIGNATION filed by Bad Boy, Inc..(Whiston, Gregory)
September 4, 2020 Filing 157 DESIGNATION Defendant Bad Boy, Inc.'s Objections and Counter-Designations to Plaintiff's Deposition Designations by Bad Boy, Inc.. (Kreamer, James)
September 4, 2020 Opinion or Order Filing 156 ORDER denying #149 Plaintiff's Motion to Strike is DENIED. Defendant's Motion for Leave to File Documents Out of Time #150 is GRANTED. See Order for further details. Signed on 9/4/20 by Chief District Judge Beth Phillips. (Cordell, Annette)
September 4, 2020 Filing 155 REPLY SUGGESTIONS to motion re #150 MOTION for leave to file Defendant Bad Boy, Inc.'s Motion for Leave to File Motions in Limine, Deposition Designations and Counter Designations/Objections Out of Time filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. (Related document(s) #150 ) (Kreamer, James)
September 3, 2020 Filing 154 SUGGESTIONS in opposition re #150 MOTION for leave to file Defendant Bad Boy, Inc.'s Motion for Leave to File Motions in Limine, Deposition Designations and Counter Designations/Objections Out of Time filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc.. Reply suggestions due by 9/17/2020 unless otherwise directed by the court. (Related document(s) #150 ) (Whiston, Gregory)
September 3, 2020 Filing 153 SUGGESTIONS in support re #152 MOTION in limine Defendant Bad Boy, Inc.'s Motions in Limine filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. (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)(Related document(s) #152 ) (Kreamer, James)
September 3, 2020 Filing 152 MOTION in limine Defendant Bad Boy, Inc.'s Motions in Limine filed by James S. Kreamer on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Kreamer, James)
September 3, 2020 Filing 151 SUGGESTIONS in support re #150 MOTION for leave to file Defendant Bad Boy, Inc.'s Motion for Leave to File Motions in Limine, Deposition Designations and Counter Designations/Objections Out of Time filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. (Related document(s) #150 ) (Kreamer, James)
September 3, 2020 Filing 150 MOTION for leave to file Defendant Bad Boy, Inc.'s Motion for Leave to File Motions in Limine, Deposition Designations and Counter Designations/Objections Out of Time filed by James S. Kreamer on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Kreamer, James)
September 3, 2020 Filing 149 MOTION to strike #146 DESIGNATION (Defendant Bad Boy, Inc.'s Untimely Deposition Designations and Preclude Late Filing of Other Pretrial Filings and Suggestions in Support) filed by Gregory B Whiston on behalf of S & H Farm Supply, Inc.. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Related document(s) #146 ) (Whiston, Gregory)
September 2, 2020 Filing 148 SUGGESTIONS in support re #147 MOTION in limine filed by Shannon Dawn Johnson on behalf of Plaintiff S & H Farm Supply, Inc.. (Related document(s) #147 ) (Johnson, Shannon)
September 2, 2020 Filing 147 MOTION in limine filed by Shannon Dawn Johnson on behalf of S & H Farm Supply, Inc.. Suggestions in opposition/response due by 9/16/2020 unless otherwise directed by the court. (Johnson, Shannon)
September 2, 2020 Filing 146 DESIGNATION Defendant Bad Boy, Inc.'s Deposition Designations by Bad Boy, Inc.. (Kreamer, James)
September 1, 2020 Opinion or Order Filing 145 ORDER granting #130 Defendant's Motion to Strike Plaintiff's Supplemental Rule 26 Disclosures is GRANTED. Signed on 9/1/20 by Chief District Judge Beth Phillips. (Cordell, Annette)
August 27, 2020 Filing 144 REPLY SUGGESTIONS to motion re #130 MOTION to strike Plaintiff's Supplemental Rule 26 Disclosures Defendant Bad Boy Inc's Reply Suggestions In Support of Its Motion to Strike S&H's Supplemental Rule 26 Disclosures filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #130 ) (Kreamer, James)
August 26, 2020 Filing 143 DESIGNATION of Depositions by S & H Farm Supply, Inc.. (Whiston, Gregory)
August 26, 2020 Filing 142 Minute Entry. Proceedings held before Chief District Judge Beth Phillips: TELEPHONE CONFERENCE held on 8/26/2020 (resetting of 9/4/20 teleconference; no teleconference to be held on 9/4/20). This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
August 26, 2020 NOTICE OF HEARING CANCELLATION - The Teleconference/Pretrial Conference scheduled for September 4, 2020 has been cancelled. This teleconference was held 8/26/20. Pretrial conference remains set for 9/17/20 and Trial for 9/28/20. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
August 24, 2020 Filing 141 REPLY SUGGESTIONS to motion re #130 MOTION to strike Plaintiff's Supplemental Rule 26 Disclosures Defendant Bad Boy, Inc.'s Reply Suggestions In Support of its Motion to Strike S&H's Supplemental Rule 26 Disclosures filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. (Attachments: #1 Exhibit A)(Related document(s) #130 ) (Kreamer, James)
August 21, 2020 Filing 140 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 8/26/2020, 10:30 AM before Chief District Judge Beth Phillips. This is a resetting of the 9/4/20 teleconference (Scheduling Order, Doc. 15). (Cordell, Annette)
August 19, 2020 Opinion or Order Filing 139 ORDER. Defendant's Motion for Summary Judgment #110 is DENIED. Plaintiff's Motion for Summary Judgment #114 is GRANTED IN PART and DENIED IN PART, and Defendant's counterclaims are dismissed. Signed on 8/19/20 by Chief District Judge Beth Phillips. (Cordell, Annette)
August 19, 2020 Opinion or Order Filing 138 ORDER. Defendant's Motion to Strike Plaintiff's Expert's Testimony #112 is DENIED. Plaintiff's Motion to Strike Portions of Defendant's Expert's Testimony #116 is GRANTED IN PART. Signed on 8/19/20 by Chief District Judge Beth Phillips. (Cordell, Annette)
August 13, 2020 Filing 137 SUGGESTIONS in opposition re #133 MOTION to strike S&H Farm Supply, Inc.'s Supplemental Expert Report filed by Shannon Dawn Johnson on behalf of Plaintiff S & H Farm Supply, Inc.. Reply suggestions due by 8/27/2020 unless otherwise directed by the court. (Related document(s) #133 ) (Johnson, Shannon)
August 10, 2020 Filing 136 SUGGESTIONS in opposition re #130 MOTION to strike Plaintiff's Supplemental Rule 26 Disclosures filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc.. Reply suggestions due by 8/24/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - TF&G Termination Letter, #3 Exhibit C - Kelly Tractor Termination Letter)(Related document(s) #130 ) (Whiston, Gregory)
July 30, 2020 Filing 135 REPLY SUGGESTIONS to motion re #110 MOTION for summary judgment filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. (Attachments: #1 Exhibit AA, #2 Exhibit C-1, #3 Exhibit E-1, #4 Exhibit G-1, #5 Exhibit L-1, #6 Exhibit Q, #7 Exhibit Y-1, #8 Exhibit Z)(Related document(s) #110 ) (Kreamer, James)
July 30, 2020 Filing 134 REPLY SUGGESTIONS to motion re #112 MOTION to strike Defendant Bad Boy, Inc.'s Motion to Exclude the Opinion Testimony of Wayne Brown Defendant Bad Boy, Inc.'s Reply In Support of its Motion to Exclude the Opinion Testimony of Wayne Brown filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. (Attachments: #1 Exhibit A - Schnelle Depo, #2 Exhibit B - Bergmann Depo, #3 Exhibit C - Chart of Distances, #4 Exhibit D - Wayne Brown Supp. Report)(Related document(s) #112 ) (Kreamer, James)
July 30, 2020 Filing 133 MOTION to strike S&H Farm Supply, Inc.'s Supplemental Expert Report filed by James S. Kreamer on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 8/13/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Wayne Brown Declaration, #2 Exhibit B - Wayne Brown Report, #3 Exhibit C - Wayne Brown Supp. Report, #4 Exhibit D- Wayne Brown Depo)(Kreamer, James)
July 30, 2020 Filing 132 REPLY SUGGESTIONS to motion re #114 MOTION for partial summary judgment as to Count I of Plaintiff's Complaint and Summary Judgment as to Bad Boy's Counterclaims filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc.. (Attachments: #1 Index Exhibit Index, #2 Exhibit 1-D Resp to P 2nd Interr, #3 Exhibit 2-Newingham Depo Excerpts, #4 Exhibit 3-Smith Depo Excerpts, #5 Exhibit 4-Foree Depo Excerpts, #6 Exhibit 5-Connell Depo Excerpts, #7 Exhibit 6-Eubanks Depo Excerpts, #8 Exhibit 7-Underwood Depo Excerpts, #9 Exhibit 8-Williams Depo Excerpts, #10 Exhibit 9-McCullough Depo Excerpts, #11 Exhibit 10-Schnelle Depo Excerpts, #12 Exhibit 11-Schiltz Depo Excerpts, #13 Exhibit 12-Declaration of Wayne Brown, #14 Exhibit 13-Supplemental Report of Wayne Brown, #15 Exhibit 14-Bergman Depo Excerpts, #16 Exhibit 15-Weldon Depo Excerpts, #17 Exhibit 16-Oeltjen Depo Excerpts, #18 Exhibit 17-Email, #19 Exhibit 18-Email, #20 Exhibit 19-Email, #21 Exhibit 20-Email, #22 Exhibit 21-Email, #23 Exhibit 22-Email, #24 Exhibit 23-Letters, #25 Exhibit 24-Wehrman Depo Excerpts, #26 Exhibit 25-Termination Letters, #27 Exhibit 26-Spartan Dealer Locations, #28 Exhibit 27-Brown Depo Excerpts, #29 Exhibit 28-Mileage Chart)(Related document(s) #114 ) (Whiston, Gregory)
July 27, 2020 Filing 131 REPLY SUGGESTIONS to motion re #116 MOTION to strike (Exclude Expert Testimony) filed by Shannon Dawn Johnson on behalf of Plaintiff S & H Farm Supply, Inc.. (Related document(s) #116 ) (Johnson, Shannon)
July 27, 2020 Filing 130 MOTION to strike Plaintiff's Supplemental Rule 26 Disclosures filed by James S. Kreamer on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 8/10/2020 unless otherwise directed by the court. (Kreamer, James)
July 17, 2020 Opinion or Order Filing 129 ORDER granting #125 motion for leave to file document under seal. Plaintiff may file Exhibit 11 to its Suggestions in Opposition under seal. Signed on 7/17/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve)
July 16, 2020 Filing 128 SUGGESTIONS in opposition to motion for summary judgment re #110 MOTION for summary judgment filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc.. Reply suggestions due by 7/30/2020 unless otherwise directed by the court. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Newhingham Depo Excerpts, #3 Exhibit 2 - Smith Depo Excerpts, #4 Exhibit 3 - Foree Depo Exerpts, #5 Exhibit 4 - Connell Depo Excerpts, #6 Exhibit 5 - Eubanks Depo Excerpts, #7 Exhibit 6 - Underwood Depo Excerpts, #8 Exhibit 7 - Williams Depo Excerpts, #9 Exhibit 8 - McCullough Depo Excerpts, #10 Exhibit 9 - Schnelle Depo Excerpts, #11 Exhibit 10 - Brown Supplement to Report,(Sealed Exhibit 11 is located at the end of this entry as #49) #12 Exhibit 12 - Brown Depo Excerpts, #13 Exhibit 13 - Bergman Depo Excerpts, #14 Exhibit 14 - Weldon Depo Excerpts, #15 Exhibit 15 - Wehrman Depo Excerpts, #16 Exhibit 16 - Email, #17 Exhibit 17 - Email, #18 Exhibit 18 - Email, #19 Exhibit 19 - Email, #20 Exhibit 20 - S&H Answer to Interrogatories, #21 Exhibit 21 - Oeltjen Depo Excerpts, #22 Exhibit 22 - Wardlow Depo Excerpts, #23 Exhibit 23 - Email, #24 Exhibit 24 - Email, #25 Exhibit 25 - Email, #26 Exhibit 26 - Mileage Chart, #27 Exhibit 27 - P's 1st Interrogs to D, #28 Exhibit 28 - D's Rsp to P's 1st Interrogs, #29 Exhibit 29 - Sales Units by Month, #30 Exhibit 30 - Part 1 - Spring Flyers, #31 Exhibit 30 - Part 2 - Spring Flyers, #32 Exhibit 30 - Part 3 - Spring Flyers, #33 Exhibit 30 - Part 4 - Spring Flyers, #34 Exhibit 30 - Part 5 - Spring Flyers, #35 Exhibit 30 - Part 6 - Spring Flyers, #36 Exhibit 31 - Part 1 - Fall Flyers, #37 Exhibit 31 - Part 2 - Fall Flyers, #38 Exhibit 31 - Part 3 - Fall Flyers, #39 Exhibit 31 - Part 4 - Fall Flyers, #40 Exhibit 31 - Part 5 - Fall Flyers, #41 Exhibit 31 - Part 6 - Fall Flyers, #42 Exhibit 32 - Brown Declaration, #43 Exhibit 33 - P's Rule 26 Disclosures, #44 Exhibit 34 - S&H Sales Calculation, #45 Exhibit 35 - Schnelle Declaration, #46 Exhibit 36 - Schlitz Depo Excerpts, #47 Exhibit 37 - Pulley Depo Excerpts, #48 Exhibit 38 - D's Rsp to P's 2nd Interrogs)(Related document(s) #110 ) (Whiston, Gregory) (Additional attachment(s) added on 7/17/2020: #49 Exhibit 11) (Cordell, Annette).
July 16, 2020 Filing 127 SUGGESTIONS in opposition to motion for summary judgment re #114 MOTION for partial summary judgment as to Count I of Plaintiff's Complaint and Summary Judgment as to Bad Boy's Counterclaims filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. Reply suggestions due by 7/30/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit AA, #3 Exhibit B, #4 Exhibit BB, #5 Exhibit C, #6 Exhibit CC, #7 Exhibit D, #8 Exhibit DD, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Exhibit M, #18 Exhibit N, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit O, #28 Exhibit R, #29 Exhibit Y, #30 Exhibit Z)(Related document(s) #114 ) (Kreamer, James) (Attachment 27 replaced on 7/17/2020) (Cordell, Annette). (Attachment 28 replaced on 7/17/2020) (Cordell, Annette). (Attachment 29 replaced on 7/17/2020) (Cordell, Annette). (Attachment 30 replaced on 7/17/2020) (Cordell, Annette).
July 16, 2020 Filing 126 SUGGESTIONS in opposition re #112 MOTION to strike Defendant Bad Boy, Inc.'s Motion to Exclude the Opinion Testimony of Wayne Brown filed by Shannon Dawn Johnson on behalf of Plaintiff S & H Farm Supply, Inc.. Reply suggestions due by 7/30/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit Expert Report of Wayne Brown November 15, 2019, #2 Exhibit Supplemental Report of Wayne Brown May 21, 2020, #3 Exhibit Excerpts From Deposition of Eric Schnelle December 11, 2019, #4 Exhibit Excerpts From Deposition of Kenneth Eugene Bergmann December 12, 2019, #5 Exhibit Chart of Distances Between Bad Boy Authorized Dealers, #6 Exhibit Excerpts From Deposition of Wayne Brown January 10, 2020, #7 Exhibit Declaration of Wayne Brown, #8 Exhibit Excerpts From Deposition of Michael Don Connell May 20, 2020, #9 Exhibit Excerpts From Deposition of Phillip Oeltjen May 19, 2020, #10 Exhibit Excerpts From Deposition of John Schiltz May 27, 2020, #11 Exhibit Excerpts From Deposition of John Donald McCullough May 28, 2020, #12 Exhibit Excerpts From Deposition of Craig Eubanks May 20, 2020, #13 Exhibit Excerpts From Deposition of John Williams May 21, 2020, #14 Exhibit Expert Report of Eric Frye January 27, 2020, #15 Exhibit Excerpts From Deposition of Eric C. Frye June 4, 2020, #16 Exhibit Declaration of Eric Schnelle, #17 Exhibit Excerpts From Deposition of Kevin Newingham January 7, 2020, #18 Index Exhibit Index)(Related document(s) #112 ) (Johnson, Shannon)
July 16, 2020 Filing 125 MOTION for leave to file Exhibit Under Seal filed by Gregory B Whiston on behalf of S & H Farm Supply, Inc.. Suggestions in opposition/response due by 7/30/2020 unless otherwise directed by the court. (Whiston, Gregory)
July 14, 2020 Opinion or Order Filing 124 ORDER granting #123 Plaintiff S&H Farm Supply, Inc.'s Motion for Leave to Exceed Page Limit for Its Suggestions in Opposition to Defendant Bad Boy, Inc.'s Motion for Summary Judgment is GRANTED. Plaintiff may file the overlength brief. Signed on 7/14/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
July 14, 2020 Filing 123 MOTION for leave to file excess pages for Its Suggestions in Opposition to Defendant Bad Boy, Inc.'s Motion for Summary Judgment filed by Gregory B Whiston on behalf of S & H Farm Supply, Inc.. Suggestions in opposition/response due by 7/28/2020 unless otherwise directed by the court. (Whiston, Gregory)
July 13, 2020 Filing 122 SUGGESTIONS in opposition re #116 MOTION to strike (Exclude Expert Testimony) filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. Reply suggestions due by 7/27/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Depo of W. Brown, #2 Exhibit B - Expert Report of E. Frye, #3 Exhibit C - Supplement of Expert Report of E. Frye, #4 Exhibit D - Depo of E. Frye, #5 Exhibit E - Depo of K. Bergmann, #6 Exhibit F - Cub Cadet Dealer Agreement, #7 Exhibit G - Exmark Dealer Agreement, #8 Exhibit H - Spartan Dealer Agreement, #9 Exhibit I - Distances of Dealerships to Store Locations, #10 Exhibit J - Expert Report of W. Brown, #11 Exhibit K - Monthly Sales, #12 Exhibit L - Email marked as Depo Ex. 6, #13 Exhibit M - Depo of C. Wehrman)(Related document(s) #116 ) (Kreamer, James)
July 9, 2020 Opinion or Order Filing 121 ORDER granting #120 Defendant Bad Boy, Inc.'s Unopposed Motion for Extension of Time to File a Response in opposition to Plaintiff S&H Farm Supply, Inc.'s Motion to Exclude Expert Testimony (Motion, Doc. 116) is GRANTED, up to and including July 13, 2020. Signed on 7/9/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
July 9, 2020 Filing 120 MOTION for extension of time to file a Response in Opposition to Pltf S&H Farm Supply Inc's Motion to Exclude Expert Testimony filed by Jonathan Benevides on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 7/23/2020 unless otherwise directed by the court. (Benevides, Jonathan)
July 2, 2020 Opinion or Order Filing 119 ORDER granting #118 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Exclude the Opinion Testimony of Wayne Brown (Doc. 112) is GRANTED, up to and including July 16, 2020. Signed on 7/2/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
July 1, 2020 Filing 118 MOTION for extension of time to file response/reply as to #113 Suggestions in Support of Motion,,,, #112 MOTION to strike Defendant Bad Boy, Inc.'s Motion to Exclude the Opinion Testimony of Wayne Brown (Unopposed) filed by Gregory B Whiston on behalf of S & H Farm Supply, Inc.. Suggestions in opposition/response due by 7/15/2020 unless otherwise directed by the court. (Related document(s) #113 , #112 ) (Whiston, Gregory)
June 25, 2020 Filing 117 SUGGESTIONS in support re #116 MOTION to strike (Exclude Expert Testimony) filed by Shannon Dawn Johnson on behalf of Plaintiff S & H Farm Supply, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Expert Report, #3 Exhibit B - Supplemental Report, #4 Exhibit C - Deposition Excerpts)(Related document(s) #116 ) (Johnson, Shannon)
June 25, 2020 Filing 116 MOTION to strike (Exclude Expert Testimony) filed by Shannon Dawn Johnson on behalf of S & H Farm Supply, Inc.. Suggestions in opposition/response due by 7/9/2020 unless otherwise directed by the court. (Johnson, Shannon)
June 25, 2020 Filing 115 SUGGESTIONS in support re #114 MOTION for partial summary judgment as to Count I of Plaintiff's Complaint and Summary Judgment as to Bad Boy's Counterclaims filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Newman Depo Excerpts, #3 Exhibit 2 - Pulley Depo Excerpts, #4 Exhibit 3 - Smith Depo Excerpts, #5 Exhibit 4 - Schnelle Depo Excerpts, #6 Exhibit 5 - Sales Chart, #7 Exhibit 6 - Foree Depo Excerpts, #8 Exhibit 7 - P's 1st Interrogs to D, #9 Exhibit 8 - D's Rsp to P's 1st Interrogs, #10 Exhibit 9 - P's Ans to D's 1st Interrogs, #11 Exhibit 10 - Part 1 - Spring Savings Flyers, #12 Exhibit 10 - Part 2 - Spring Savings Flyers, #13 Exhibit 10 - Part 3 - Spring Savings Flyers, #14 Exhibit 10 - Part 4 - Spring Savings Flyers, #15 Exhibit 10 - Part 5 Spring Savings Flyers, #16 Exhibit 10 - Part 6 Spring Savings Flyers, #17 Exhibit 11 - Part 1 - Fall Savings Flyers, #18 Exhibit 11 - Part 2 - Fall Savings Flyers, #19 Exhibit 11 - Part 3 - Fall Savings Flyers, #20 Exhibit 11 - Part 4 - Fall Savings Flyers, #21 Exhibit 11 - Part 5 - Fall Savings Flyers, #22 Exhibit 11 - Part 6 - Fall Savings Flyers, #23 Exhibit 12 - Bergman Depo Excerpts, #24 Exhibit 13 - Weldon Depo Excerpts, #25 Exhibit 14 - Oeltjen Depo Excerpts, #26 Exhibit 15 - 2013 Email, #27 Exhibit 16 - TV Advertising Data, #28 Exhibit 17 - D's Rsp to P's 2nd Interrogs, #29 Exhibit 18 - Connell Depo Excerpts, #30 Exhibit 19 - Eubanks Depo Excerpts, #31 Exhibit 20 - Williams Depo Excerpts, #32 Exhibit 21 - Underwood Depo Excerpts, #33 Exhibit 22 - McCullough Depo Excerpts, #34 Exhibit 23 - Schiltz Depo Excerpts, #35 Exhibit 24 - Bad Boy's Rule 26 Disclosures, #36 Exhibit 25 - Bad Boy's Supplemental Rule 26 Disclosures, #37 Exhibit 26 - Bad Boy's Expert Designation, #38 Exhibit 27 - Frye Depo Excerpts)(Related document(s) #114 ) (Whiston, Gregory)
June 25, 2020 Filing 114 MOTION for partial summary judgment as to Count I of Plaintiff's Complaint and Summary Judgment as to Bad Boy's Counterclaims filed by Gregory B Whiston on behalf of S & H Farm Supply, Inc.. Suggestions in opposition/response due by 7/16/2020 unless otherwise directed by the court. (Whiston, Gregory)
June 25, 2020 Filing 113 SUGGESTIONS in support re #112 MOTION to strike Defendant Bad Boy, Inc.'s Motion to Exclude the Opinion Testimony of Wayne Brown filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. (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 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)(Related document(s) #112 ) (Kreamer, James) (Additional attachment(s) added on 6/26/2020: # 23 Exhibit 8) (Cordell, Annette). (Attachment 8 replaced on 6/26/2020) (Cordell, Annette). (Attachment 10 replaced on 6/26/2020) (Cordell, Annette). (Attachment 11 replaced on 6/26/2020) (Cordell, Annette). (Attachment 12 replaced on 6/26/2020) (Cordell, Annette). (Attachment 17 replaced on 6/26/2020) (Cordell, Annette). (Attachment 19 replaced on 6/26/2020) (Cordell, Annette). (Attachment 20 replaced on 6/26/2020) (Cordell, Annette). (Attachment 21 replaced on 6/26/2020) (Cordell, Annette).
June 25, 2020 Filing 112 MOTION to strike Defendant Bad Boy, Inc.'s Motion to Exclude the Opinion Testimony of Wayne Brown filed by James S. Kreamer on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 7/9/2020 unless otherwise directed by the court. (Kreamer, James)
June 25, 2020 Filing 111 SUGGESTIONS in support re #110 MOTION for summary judgment filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc.. (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 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y)(Related document(s) #110 ) (Kreamer, James) (Attachment 8 replaced on 6/26/2020) (Cordell, Annette). (Attachment 9 replaced on 6/26/2020) (Cordell, Annette). (Attachment 10 replaced on 6/26/2020) (Cordell, Annette). (Attachment 23 replaced on 6/26/2020) (Cordell, Annette).
June 25, 2020 Filing 110 MOTION for summary judgment filed by James S. Kreamer on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 7/16/2020 unless otherwise directed by the court. (Kreamer, James)
June 25, 2020 Opinion or Order Filing 109 ORDER granting #108 Defendant Bad Boy Inc.'s Motion for Leave to File Exhibits Under Seal is GRANTED. Defendant may file Exhibits H, I, J and W under seal for its Suggestions in Support of its Motion for Summary Judgment,and Exhibits H, J, K, L, Q, S, T and U to its Suggestions in Support of its Motion to Exclude the Opinion Testimony of Wayne Brown under seal.. Signed on 6/25/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) Modified on 6/25/2020 at 4:09 pm: Docket text Order amended to include sealing of documents for the Motion to Exclude Opinion Testimony. NEF regenerated. (Cordell, Annette).
June 25, 2020 Filing 108 MOTION to seal document Defendant Bad Boy, Inc.'s Motion for Leave to File Exhibits Under Seal filed by James S. Kreamer on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 7/9/2020 unless otherwise directed by the court. (Kreamer, James)
June 19, 2020 Opinion or Order Filing 107 ORDER granting in part and denying in part #106 motion for leave to file excess pages. Defendant may file Suggestions in Support of its Motion for Summary Judgment containing up to 25 pages of legal argument. Defendant may also file Suggestions in Support of its Motion to Exclude the Opinion Testimony of Wayne Brown containing up to 25 pages of legal argument. Signed on 6/19/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve)
June 18, 2020 Filing 106 MOTION for leave to file excess pages FOR ITS SUGGESTIONS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND ITS SUGGESTIONS IN SUPPORT OF ITS MOTION TO EXCLUDE THE OPINION TESTIMONY OF WAYNE BROWN filed by James S. Kreamer on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 7/2/2020 unless otherwise directed by the court. (Kreamer, James)
June 11, 2020 Filing 105 NOTICE of appearance by Shannon Dawn Johnson on behalf of S & H Farm Supply, Inc. (Attorney Shannon Dawn Johnson added to party S & H Farm Supply, Inc.(pty:pla))(Johnson, Shannon)
June 11, 2020 Opinion or Order Filing 104 ORDER granting #103 The Second Joint Motion to Amend the Scheduling Order is GRANTED. Dispositive motions and Daubert motions shall be due by June 25, 2020. Further extensions of these deadlines are not likely to be granted. Pretrial and Trial settings remain set pursuant to the Scheduling Order, Doc. 15 with the trial setting of September 28, 2020. Signed on 6/11/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
June 8, 2020 Filing 103 Joint MOTION to amend/correct #15 Scheduling Order, (Second) filed by Gregory B Whiston on behalf of S & H Farm Supply, Inc.. Suggestions in opposition/response due by 6/22/2020 unless otherwise directed by the court. (Related document(s) #15 ) (Whiston, Gregory)
June 1, 2020 Filing 102 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. (of Second Supplemental Answers to Bad Boy's First Interrogatories and Plaintiff S&H's Supplemental Rule 26 Disclosures) filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
May 27, 2020 Filing 101 CERTIFICATE OF SERVICE by Bad Boy, Inc. filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
May 27, 2020 Filing 100 NOTICE to take deposition of Eric Frye filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
May 26, 2020 Filing 99 NOTICE of filing Notice of Intent to Issue Third Party Subpoena by S & H Farm Supply, Inc. (Whiston, Gregory)
May 26, 2020 Filing 98 NOTICE to take deposition of Don McCullough filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
May 22, 2020 Filing 97 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. of Report Supplement of Wayne Brown dated May 21, 2020 filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
May 22, 2020 Filing 96 Amended NOTICE to take deposition of Steve Wardlow filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
May 22, 2020 Filing 95 NOTICE to take deposition of Ron Ely filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
May 19, 2020 Filing 94 NOTICE to take deposition of Jon Schiltz filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
May 19, 2020 Filing 93 NOTICE to take deposition of Steve Underwood filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
May 18, 2020 Filing 92 NOTICE to take deposition of John Williams filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
May 18, 2020 Filing 91 NOTICE to take deposition of Mike Chandler filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
May 18, 2020 Filing 90 NOTICE to take deposition of Craig Eubanks filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
May 4, 2020 Filing 89 Amended NOTICE to take deposition of Steve Wardlow filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
May 4, 2020 Filing 88 Amended NOTICE to take deposition of Phil Olejten filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
April 30, 2020 Filing 87 NOTICE to take deposition of Eric Frye, CFA, ASA filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
April 15, 2020 Opinion or Order Filing 86 ORDER granting #85 : The Joint Motion to Amend Discovery and Dispositive Motion Deadlines is GRANTED. Discovery due to be completed 6/1/20. Dispositive and Daubert Motions due 6/15/20. Pretrial and Trial schedules remain set per Scheduling Order, Doc. 15. See Order for details. Signed on 4/15/20 by Chief District Judge Beth Phillips. (Cordell, Annette)
April 10, 2020 Filing 85 Joint MOTION for order to Amend Scheduling Order filed by Jonathan Benevides on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 4/24/2020 unless otherwise directed by the court. (Benevides, Jonathan)
March 16, 2020 Filing 84 NOTICE to take deposition of Phil Olejten filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
March 16, 2020 Filing 83 Amended NOTICE to take deposition of Steve Wardlow filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
March 12, 2020 Filing 82 CERTIFICATE OF SERVICE by Bad Boy, Inc. filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
March 4, 2020 Filing 81 NOTICE to take deposition of Phil Pulley filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
March 4, 2020 Filing 80 NOTICE to take deposition of Lindsey Keller filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
March 4, 2020 Filing 79 NOTICE to take deposition of Lennie Foree filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
February 7, 2020 Filing 78 CERTIFICATE OF SERVICE by Bad Boy, Inc. filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
February 7, 2020 Filing 77 NOTICE to take deposition of Gary Weldon filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
February 7, 2020 Filing 76 NOTICE to take deposition of Mark Long filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
February 7, 2020 Filing 75 NOTICE to take deposition of Steve Wardlow filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
January 30, 2020 Filing 74 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
January 28, 2020 Filing 73 CERTIFICATE OF SERVICE by Bad Boy, Inc. filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
January 9, 2020 Filing 72 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. re #70 Notice of filing Objection filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc.. Related document: #70 Notice of filing filed by Bad Boy, Inc..(Whiston, Gregory)
December 31, 2019 Filing 71 NOTICE of filing Bad Boy Second Request for Production of Documents to Plaintiff S&H Farm Supply, Inc. by Bad Boy, Inc. (Kreamer, James)
December 30, 2019 Filing 70 NOTICE of filing Notice to Take Videotaped Deposition Duces Tecum of Wayne Brown by Bad Boy, Inc. (Kreamer, James)
December 26, 2019 Opinion or Order Filing 69 ORDER granting #68 motion to amend scheduling order. Defendant shall have until and including January 27, 2020, to designate its expert witnesses. Signed on 12/26/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve)
December 23, 2019 Filing 68 MOTION for order to extend deadline for defendant's disclosure of expert witnesses (Unopposed Motion to Amend Scheduling Order) filed by Jonathan Benevides on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 1/6/2020 unless otherwise directed by the court. (Benevides, Jonathan)
December 17, 2019 Filing 67 Amended NOTICE to take deposition of Kevin Newingham filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
December 17, 2019 Filing 66 Amended NOTICE to take deposition of Chris Smith filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
December 13, 2019 Filing 65 CERTIFICATE OF SERVICE by Bad Boy, Inc. filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
December 9, 2019 Filing 64 Amended NOTICE to take deposition of Kenny Bergman filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
December 9, 2019 Filing 63 Amended NOTICE to take deposition of Caleb Wehrman filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
December 6, 2019 Filing 62 Amended NOTICE to take deposition of Kenny Bergman filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
December 6, 2019 Filing 61 NOTICE to take deposition of Caleb Wehrman filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
December 5, 2019 Filing 60 NOTICE to take deposition of Kevin Newingham filed by David E. Shay on behalf of Counter Defendant S & H Farm Supply, Inc., Plaintiff S & H Farm Supply, Inc..(Shay, David)
December 5, 2019 Filing 59 NOTICE to take deposition of Chris Smith filed by David E. Shay on behalf of Counter Defendant S & H Farm Supply, Inc., Plaintiff S & H Farm Supply, Inc..(Shay, David)
December 4, 2019 Filing 58 NOTICE to take deposition of Kenny Bergman filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
December 4, 2019 Filing 57 NOTICE to take deposition of Eric Schnelle filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
November 20, 2019 Filing 56 CERTIFICATE OF SERVICE by Bad Boy, Inc. Supplemental Responses to Plaintiff's Second Request for Production of Documents filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
November 20, 2019 Filing 55 CERTIFICATE OF SERVICE by Bad Boy, Inc. Supplemental Responses to Plaintiff's Second Interrogatories and Supplemental Rule 26 Initial Disclosures filed by James S. Kreamer on behalf of Counter Claimant Bad Boy, Inc., Defendant Bad Boy, Inc..(Kreamer, James)
November 19, 2019 Filing 54 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. Supplemental Discovery Responses filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
November 15, 2019 Filing 53 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. Expert Designation filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
November 6, 2019 Filing 52 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. Plaintiff's Fourth Request for Production of Documents to Defendant filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
September 27, 2019 Opinion or Order Filing 51 ORDER granting #46 Defendant's Motion to Quash is GRANTED, and the subpoenas issued to third-party dealers are quashed. Signed on 9/27/19 by Chief District Judge Beth Phillips. (Cordell, Annette)
September 24, 2019 Filing 50 Minute Entry. Proceedings held before Chief District Judge Beth Phillips: TELEPHONE CONFERENCE held on 9/24/2019. Written order to be docketed separately. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
September 20, 2019 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 9/24/2019, 2:00 PM, before Chief District Judge Beth Phillips. Parties shall call in by dialing (877) 336-1839 and enter access code 4259420.(Cordell, Annette)
September 12, 2019 Filing 48 SUGGESTIONS in opposition re #46 MOTION to quash Plaintiff's Subpoenas filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc.. Reply suggestions due by 9/26/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit 1 - Document Request, #2 Exhibit 2 - Quarles Objection)(Related document(s) #46 ) (Whiston, Gregory)
August 29, 2019 Filing 47 SUGGESTIONS in support re #46 MOTION to quash Plaintiff's Subpoenas filed by Jonathan Benevides on behalf of Defendant Bad Boy, Inc.. (Attachments: #1 Exhibit A)(Related document(s) #46 ) (Benevides, Jonathan)
August 29, 2019 Filing 46 MOTION to quash Plaintiff's Subpoenas filed by Jonathan Benevides on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 9/12/2019 unless otherwise directed by the court. (Benevides, Jonathan)
August 26, 2019 Filing 45 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. Plaintiff's Third Request for Production of Documents to Defendant filed by Gregory B Whiston on behalf of Plaintiff S & H Farm Supply, Inc..(Whiston, Gregory)
August 22, 2019 Filing 44 Minute Entry. Proceedings held before Chief District Judge Beth Phillips: TELEPHONE CONFERENCE held on 8/22/2019. The Court Orders as follows: The deadline for responding to all outstanding third party subpoenas is suspended pending further order of the court. Defendant shall file its brief addressing the third party subpoenas on or before August 29, 2019. Plaintiff shall respond on or before September 12, 2019. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
August 21, 2019 Filing 43 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 8/22/2019, 9:30 AM, before Chief District Judge Beth Phillips. Parties shall call in by dialing (877) 336-1839 and enter access code 4259420. Each party shall submit a one page summary of the issue(s) by 3:00 p.m. on 8/21/19 by emailing to opposing counsel and to the Court via annette_cordell@mow.uscourts.gov. (Cordell, Annette)
August 19, 2019 Filing 42 CERTIFICATE OF SERVICE by Quarles Supply Co., Inc. re #38 Notice of filing filed by Austin Jay Preston on behalf of Miscellaneous Quarles Supply Co., Inc.. Related document: #38 Notice of filing filed by S & H Farm Supply, Inc..(Attorney Austin Jay Preston added to party Quarles Supply Co., Inc.(pty:misc))(Preston, Austin)
August 14, 2019 Filing 41 CERTIFICATE OF SERVICE by Bad Boy, Inc. filed by Jonathan Benevides on behalf of Defendant Bad Boy, Inc..(Benevides, Jonathan)
July 31, 2019 Filing 40 NOTICE of filing Intent to Serve Subpoena Youngblood Power Sports by S & H Farm Supply, Inc. (Shay, David)
July 31, 2019 Filing 39 NOTICE of filing Intent to Serve Subpoena R&R Equipment by S & H Farm Supply, Inc. (Shay, David)
July 31, 2019 Filing 38 NOTICE of filing Intent to Serve Subpoena Quarles Supply by S & H Farm Supply, Inc. (Shay, David)
July 31, 2019 Filing 37 NOTICE of filing Intent to Serve Subpoena Marionville Powersports by S & H Farm Supply, Inc. (Shay, David)
July 31, 2019 Filing 36 NOTICE of filing Intent to Serve Subpoena Lambert Tractor by S & H Farm Supply, Inc. (Shay, David)
July 31, 2019 Filing 35 NOTICE of filing Intent to Serve Subpoena Hogeye Mower Repair by S & H Farm Supply, Inc. (Shay, David)
July 31, 2019 Filing 34 NOTICE of filing Intent to Serve Subpoena Green Grass Equipment by S & H Farm Supply, Inc. (Shay, David)
July 31, 2019 Filing 33 NOTICE of filing Intent to Serve Subpoena Eubanks Equipment Grove by S & H Farm Supply, Inc. (Shay, David)
July 31, 2019 Filing 32 NOTICE of filing Intent to Serve Subpoena Eubanks Equipment Anderson by S & H Farm Supply, Inc. (Shay, David)
July 31, 2019 Filing 31 NOTICE of filing Intent to Serve Subpoena Cooper Lumber Company by S & H Farm Supply, Inc. (Shay, David)
July 31, 2019 Filing 30 NOTICE of filing Intent to Serve Subpoena Cabool Home Center by S & H Farm Supply, Inc. (Shay, David)
June 10, 2019 Filing 29 CERTIFICATE OF SERVICE by Bad Boy, Inc. filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
June 6, 2019 Filing 28 NOTICE of filing Amended Designation of Mediator Certificate by S & H Farm Supply, Inc. re #18 DESIGNATION of mediator (Shay, David)
May 31, 2019 Filing 27 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. Second Interrogatories and Second Request for Production of Documents to Defendant filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
May 17, 2019 Filing 26 PROTECTIVE ORDER. The Court enters a Protective Order. Signed on 5/17/19 by Chief District Judge Beth Phillips. (Attachments: #1 Exhibit A) (Cordell, Annette)
May 16, 2019 Filing 25 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
May 14, 2019 Filing 24 Joint MOTION for protective order filed by James S. Kreamer on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 5/28/2019 unless otherwise directed by the court. (Kreamer, James)
May 13, 2019 NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 5/10/2019 as Document No. 23, Stipulated Protective Order and Proposed Protective 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 or WordPerfect format. Stipulated Protective Orders should not contain a signature line for the presiding judge. This is a text entry only - no document is attached. (Furtak, Rebecca)
May 10, 2019 Filing 23 STIPULATION Stipulated Protective Order by Bad Boy, Inc.. (Attachments: # 1 Exhibit A - Protective Order)(Kreamer, James)
May 10, 2019 Filing 22 CERTIFICATE OF SERVICE by Bad Boy, Inc. regarding Defedant's Responses to Plaintiff's First Interrogatories and Responses to Plaintiff's First Request for Production of Documents filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
April 17, 2019 Filing 21 CERTIFICATE OF SERVICE by Bad Boy, Inc. filed by Jonathan Benevides on behalf of Defendant Bad Boy, Inc..(Benevides, Jonathan)
April 11, 2019 Filing 20 CERTIFICATE OF SERVICE by Bad Boy, Inc. filed by Jonathan Benevides on behalf of Defendant Bad Boy, Inc..(Benevides, Jonathan)
April 10, 2019 Filing 19 CERTIFICATE OF SERVICE by S & H Farm Supply, Inc. Discovery to Defendant filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
March 20, 2019 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)
March 18, 2019 Filing 18 DESIGNATION OF MEDIATOR naming Phillip A. Miller(Shay, David)
March 15, 2019 Filing 17 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
March 15, 2019 Filing 16 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Jonathan Benevides on behalf of Counter Claimant Bad Boy, Inc., Defendant Bad Boy, Inc..(Attorney Jonathan Benevides added to party Bad Boy, Inc.(pty:cc))(Benevides, Jonathan)
February 27, 2019 Opinion or Order Filing 15 SCHEDULING ORDER: Discovery due by 3/31/2020. Dispositive Motions due by 4/15/2020. Teleconference set for 9/4/2020 10:30 AM. Pretrial Conference set for 9/17/2020 10:00 AM via teleconference. Jury Trial set for 9/28/2020, 8:30 AM in Courtroom 2, Springfield (VJC) before Chief District Judge Beth Phillips. Signed on 2/27/19 by Chief District Judge Beth Phillips. (Cordell, Annette)
February 25, 2019 Filing 14 REPORT of Rule 26(f) planning meeting. (Whiston, Gregory)
February 5, 2019 Filing 13 ANSWER to Counterclaim on behalf of S & H Farm Supply, Inc..(Shay, David)
January 16, 2019 Filing 12 DISCLOSURE OF CORPORATE INTERESTS filed by James S. Kreamer on behalf of Defendant Bad Boy, Inc..(Kreamer, James)
January 15, 2019 Filing 11 NOTICE of appearance by Jonathan Benevides on behalf of Bad Boy, Inc. (Attorney Jonathan Benevides added to party Bad Boy, Inc.(pty:dft))(Benevides, Jonathan)
January 15, 2019 Filing 10 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against S & H Farm Supply, Inc. on behalf of Bad Boy, Inc..(Kreamer, James)
January 9, 2019 Opinion or Order Filing 9 ORDER. RULE 16 NOTICE. Proposed scheduling order due by 2/25/2019. Rule 26 conference due by 2/11/2019. Signed on 1/9/19 by Chief District Judge Beth Phillips. (Cordell, Annette)
January 7, 2019 Opinion or Order Filing 8 ORDER granting #6 : Defendant Bad Boy, Inc.'s Unopposed Motion for Extension of Time to file an Answer or otherwise Respond to Plaintiff's Complaint is GRANTED, up to and including January 17, 2019. Signed on 1/7/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
January 7, 2019 Filing 7 NOTICE OF REASSIGNMENT from Magistrate Judge Lajuana M. Counts to Chief District Judge Beth Phillips. Please note the new case number: 18-3413-CV-S-BP. (Melvin, Greg)
January 7, 2019 Filing 6 MOTION for extension of time to file answer filed by James S. Kreamer on behalf of Bad Boy, Inc.. Suggestions in opposition/response due by 1/22/2019 unless otherwise directed by the court. (Attorney James S. Kreamer added to party Bad Boy, Inc.(pty:dft))(Kreamer, James)
December 20, 2018 Filing 5 NOTICE of filing Certificate of Service of Summons by Agreement by S & H Farm Supply, Inc. re #1 Complaint, (Shay, David)
December 20, 2018 Filing 4 DISCLOSURE OF CORPORATE INTERESTS filed by David E. Shay on behalf of Plaintiff S & H Farm Supply, Inc..(Shay, David)
December 17, 2018 Filing 3 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 Magistrate Consent)(Siegert, Karen)
December 17, 2018 NOTICE OF MAGISTRATE ASSIGNMENT emailed to plaintiff's counsel. This is a docket entry only. No document is attached. Magistrate Return due by 1/7/2019 unless otherwise directed by the court. (Siegert, Karen)
December 14, 2018 Filing 2 NOTICE of appearance by Gregory B Whiston on behalf of S & H Farm Supply, Inc. (Attorney Gregory B Whiston added to party S & H Farm Supply, Inc.(pty:pla))(Whiston, Gregory)
December 14, 2018 Filing 1 COMPLAINT against Bad Boy, Inc. filed by David E. Shay on behalf of S & H Farm Supply, Inc.. Filing fee $400, receipt number AMOWDC-6080503. Service due by 3/14/2019 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Shay, David) (Attachment 1 replaced on 12/14/2018) (Crocker, Susan).
December 14, 2018 SUMMONS ISSUED as to Bad Boy, Inc. (Ellis, Lindsey)

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Plaintiff: S & H Farm Supply, Inc.
Represented By: Gregory B Whiston
Represented By: David E. Shay
Represented By: Shannon Dawn Johnson
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Defendant: Bad Boy, Inc.
Represented By: Jonathan Benevides
Represented By: James S. Kreamer
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Not classified by court: Quarles Supply Co., Inc.
Represented By: Austin Jay Preston
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