Copenhaver et al v. Cavagna North America, Inc. et al

Justia Dockets & Filings Ninth Circuit Montana District Court Copenhaver et al v. Cavagna North America, Inc. et al

Copenhaver et al v. Cavagna North America, Inc. et al

Plaintiff:	Todd Copenhaver and Amber Copenhaver
Defendant:	Does 1-10, Blue Rhino Corporation, Cavagna North America, Inc., Albertsons, LLC, Amerigas Propane, L.P., Albertsons Companies, Inc., Cavagna Group S.p.A Omeca Division, Ningbo Wanan Co., LTD and Running Supply, Inc. doing business as Runnings
Case Number:	1:2019cv00071
Filed:	June 25, 2019
Court:	US District Court for the District of Montana
Presiding Judge:	Timothy J Cavan
Referring Judge:	Susan P Watters
Nature of Suit:	Personal Inj. Prod. Liability
Cause of Action:	28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on November 2, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 1, 2021	Filing 203 Statement of Disputed Facts re: #180 Statement of Undisputed Fact filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John) (NOS).
March 1, 2021	Filing 202 Statement of Disputed Facts re: #171 Statement of Undisputed Fact filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John) (NOS).
March 1, 2021	Filing 201 REPLY to Response to Motion re #144 MOTION for Partial Summary Judgment as to Liability filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
March 1, 2021	Filing 200 REPLY to Response to Motion re #142 MOTION for Partial Summary Judgment as to Misuse and Assumption of Risk, #140 MOTION for Partial Summary Judgment as to Affirmative Defenses filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
March 1, 2021	Filing 199 REPLY to Response to Motion re #134 MOTION for Summary Judgment filed by Cavagna Group S.p.A Omeca Division, Cavagna North America, Inc. (Attachments: #1 Exhibit S, #2 Exhibit T, #3 Exhibit U, #4 Exhibit 1 to Ex. U, #5 Exhibit V) (Stacey, Calvin) (Modified to link to Doc. 134, remove link to Doc. 144.)(NOS)
February 26, 2021	Filing 198 AFFIDAVIT in Support re #136 MOTION for Partial Summary Judgment Supplemental Declaration of Jon T. Dyre filed by Albertsons Companies, Inc., Amerigas Propane, L.P.. (Attachments: #1 Exhibit Exhibit 6, #2 Exhibit Exhibit 7, #3 Exhibit Exhibit 8, #4 Exhibit Exhibit 9, #5 Exhibit Exhibit 10) (Aiken, Michael)
February 26, 2021	Filing 197 REPLY to Response to Motion re #136 MOTION for Partial Summary Judgment filed by Albertsons Companies, Inc., Amerigas Propane, L.P.. (Aiken, Michael)
February 18, 2021	Filing 196 ORDER granting #195 Motion for Extension of Time to File Reply re #136 MOTION for Partial Summary Judgment . Amerigas and Albertsons shall file their reply brief no later than March 1, 2021. Signed by Magistrate Judge Timothy J. Cavan on 2/18/2021. (HEG)
February 18, 2021	Filing 195 Unopposed MOTION for Extension of Time to File Response/Reply as to #174 Response to Motion Jon T. Dyre appearing for Defendants Albertsons Companies, Inc., Amerigas Propane, L.P. Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Dyre, Jon)
February 17, 2021	Filing 194 ORDERED: Cavagna shall file its reply briefs no later than March 1, 2021 re: #134 . Signed by Magistrate Judge Timothy J. Cavan on 2/17/2021. (HEG)
February 17, 2021	Filing 193 Unopposed MOTION for Extension of Time to File Response/Reply as to #158 Brief/Memorandum in Support, #134 MOTION for Summary Judgment Calvin J. Stacey appearing for Defendants Cavagna Group S.p.A Omeca Division, Cavagna North America, Inc., Cross Defendants Cavagna Group S.p.A Omeca Division, Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Stacey, Calvin)
February 17, 2021	Filing 192 ORDER granting #191 motion for extension of time to file reply briefs in support of their motions for summary judgment. IT IS HEREBY ORDERED that Plaintiffs shall file reply briefs no later than March 1, 2021. Signed by Magistrate Judge Timothy J. Cavan on 2/17/2021. (HEG)
February 17, 2021	Filing 191 Unopposed MOTION for Extension of Time to File Response/Reply as to #144 MOTION for Partial Summary Judgment as to Liability, #142 MOTION for Partial Summary Judgment as to Misuse and Assumption of Risk, #140 MOTION for Partial Summary Judgment as to Affirmative Defenses, #136 MOTION for Partial Summary Judgment , #134 MOTION for Summary Judgment John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Morrison, John)
February 16, 2021	Filing 190 ORDERED: Motions (Docs. 130, 145, 187) are DENIED without prejudice. The parties may refile their motions in compliance with L.R. 5.2(d) by explaining why including the document in the public record is not appropriate, and either (1) state why it is not feasible to file a redacted version of the document in the public record, or (2) be accompanied by a redacted version of the document filed in the public record. Signed by Magistrate Judge Timothy J. Cavan on 2/16/2021. (HEG)
February 9, 2021	Filing 189 Remark: re #179 Plaintiffs' Notice of Conventional Filing hard copy and exhibit 8 DVD received, placed in a brown expando and held on the clerk's office open civil case shelf. (JDH)
February 8, 2021	Filing 188 Lodged Sealed Document (CONFIDENTIAL) EXHIBITS TO EXHIBIT B - AFFIDAVIT OF ERICH WOLF re: #187 Unopposed MOTION for Leave to File Under Seal, #184 Affidavit in Opposition to Motion filed by Cavagna Group S.p.A Omeca Division. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit J, #4 Exhibit P) (Ciano, Frank) (Docket text modified; lodged per pending motion, Doc. 187.) (NOS)
February 8, 2021	Filing 187 Unopposed MOTION for Leave to File Under Seal Frank J. Ciano appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Ciano, Frank)
February 8, 2021	Filing 186 NOTICE of Filing Exhibits (NON-CONFIDENTIAL) TO AFFIDAVIT OF ERICH WOLF - EXHIBIT B TO OPPOSITION TO MOTION re: #184 Affidavit in Opposition to Motion,, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit I, #8 Exhibit K, #9 Exhibit L, #10 Exhibit M, #11 Exhibit N, #12 Exhibit O) (Ciano, Frank)
February 8, 2021	Filing 185 RESPONSE to Motion re #144 MOTION for Partial Summary Judgment as to Liability filed by Albertsons Companies, Inc., Amerigas Propane, L.P.. (Aiken, Michael)
February 5, 2021	Filing 184 AFFIDAVIT/DECLARATION - Declaration of Frank J. Ciano re #181 RESPONSE to Motion re 140 MOTION for Partial Summary Judgment, #182 RESPONSE to Motion re 144 MOTION for Partial Summary Judgment, #183 RESPONSE to Motion re 142 MOTION for Partial Summary Judgment filed by Cavagna Group S.p.A Omeca Division. (Attachments: #1 Errata A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Errata G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R) (Ciano, Frank) (Docket text modified.) (NOS)
February 5, 2021	Filing 183 RESPONSE to Motion re #144 MOTION for Partial Summary Judgment as to Liability filed by Cavagna Group S.p.A Omeca Division. (Ciano, Frank) (Docket text modified.) (NOS)
February 5, 2021	Filing 182 RESPONSE to Motion re #142 MOTION for Partial Summary Judgment as to Misuse and Assumption of Risk Affirmative Defenses filed by Cavagna Group S.p.A Omeca Division. (Ciano, Frank) (Docket text modified.) (NOS)
February 5, 2021	Filing 181 RESPONSE to Motion re #140 MOTION for Partial Summary Judgment as to Affirmative Defenses filed by Cavagna Group S.p.A Omeca Division. (Ciano, Frank) (Docket text modified.) (NOS)
February 5, 2021	Filing 180 Statement of Disputed Facts re: #147 Lodged Sealed Document - Statement of Undisputed Facts by Cavagna Group S.p.A Omeca Division. (Ciano, Frank) (Docket text modified.) (NOS)
February 5, 2021	Filing 179 NOTICE of Conventional Filing of video re #178 Affidavit/Declaration by Amber Copenhaver, Todd Copenhaver. (Morrison, John) (NOS).
February 5, 2021	Filing 178 AFFIDAVIT/DECLARATION re #174 Response to Motion, #176 Response to Motion, #177 Statement of Disputed Facts, #175 Statement of Disputed Facts by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Exhibit 1 - Darmody Depo Excerpts, #2 Exhibit 2 - Cullinan Depo Excerpts, #3 Exhibit 3 - Cavagna docs, #4 Exhibit 4 - T Copenhaver Depo Excerpts, #5 Exhibit 5 - Tripp Wagner Depo Excerpts, #6 Exhibit 6 - Dale Mann Depo Excerpts, #7 Exhibit 7 - Mike Fitz Depo Excerpts, #8 Exhibit 8 - Esi Video, #9 Exhibit 9 - ESi Supplemental Report Dec 13 2020) (Morrison, John) (NOS).
February 5, 2021	Filing 177 Statement of Disputed Facts re: #134 MOTION for Summary Judgment filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
February 5, 2021	Filing 176 RESPONSE to Motion re #134 MOTION for Summary Judgment filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John) (NOS).
February 5, 2021	Filing 175 Statement of Disputed Facts re: #137 Statement of Undisputed Fact filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John) (NOS).
February 5, 2021	Filing 174 RESPONSE to Motion re #136 MOTION for Partial Summary Judgment filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
February 5, 2021	Filing 173 AFFIDAVIT in Opposition re #144 MOTION for Partial Summary Judgment as to Liability Declaration of Jon T. Dyre filed by Albertsons Companies, Inc., Amerigas Propane, L.P.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13) (Aiken, Michael)
February 5, 2021	Filing 171 Statement of Disputed Facts re: #147 Lodged Sealed Document - Statement of Undisputed Facts by Albertsons Companies, Inc., Amerigas Propane, L.P. (Aiken, Michael) (Docket text modified.) (NOS)
February 5, 2021	Filing 170 REPLY to Response to Motion re #132 MOTION to Compel Rule 35 Examinations filed by Cavagna Group S.p.A Omeca Division. (Ciano, Frank) (NOS)
January 29, 2021	Filing 169 REPLY to Response to Motion re #153 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion to Amend filed by Albertsons Companies, Inc., Amerigas Propane, L.P. (Aiken, Michael) (NOS)
January 29, 2021	Filing 168 ORDER granting #166 Motion for Extension of Time to File Response/Reply. Defendant Cavagna shall file a response brief to Plaintiffs Motions for Partial Summary Judgment (Docs. 140, 142, 144) and reply brief to the Motion to Compel (Doc. 132) by February 5, 2021. Signed by Magistrate Judge Timothy J. Cavan on 1/29/2021. (HEG)
January 28, 2021	Filing 167 ORDERED: Plaintiffs shall file their response brief to Defendants Motion for Partial Summary Judgment (Doc. 136) by February 5, 2021. IT IS FURTHER ORDERED that Defendants shall file their response briefs to Plaintiffs Motions for Partial Summary Judgment (Docs. 140, 142, 144) by February 5, 2021. Signed by Magistrate Judge Timothy J. Cavan on 1/28/2021. (HEG)
January 28, 2021	Filing 166 Unopposed MOTION for Extension of Time to File Response/Reply as to #144 MOTION for Partial Summary Judgment as to Liability, #142 MOTION for Partial Summary Judgment as to Misuse and Assumption of Risk, #140 MOTION for Partial Summary Judgment as to Affirmative Defenses, #132 MOTION to Compel Rule 35 Examinations Calvin J. Stacey appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Stacey, Calvin)
January 28, 2021	Filing 165 MOTION for Extension of Time to File Response/Reply as to #144 MOTION for Partial Summary Judgment as to Liability, #142 MOTION for Partial Summary Judgment as to Misuse and Assumption of Risk, #140 MOTION for Partial Summary Judgment as to Affirmative Defenses Michael D. Aiken appearing for Defendants Albertsons Companies, Inc., Amerigas Propane, L.P. Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order Order Granting Defendants' Motion for Extension of Time) (Aiken, Michael)
January 28, 2021	Filing 164 Unopposed MOTION for Extension of Time to File Response/Reply John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Morrison, John)
January 21, 2021	Filing 163 RESPONSE to Motion re #153 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion to Amend filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John) (Modified to link to #115 Motion; original reply is Doc. 127.) (NOS)
January 20, 2021	Filing 162 TRANSCRIPT of Hearing on Motions held on 8/11/2020 before U.S. Magistrate Judge Timothy J. Cavan. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Rich Mattson, 406-698-3163. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 2/10/2021. Redacted Transcript Deadline set for 2/22/2021. Release of Transcript Restriction set for 4/20/2021. (JEH)
January 15, 2021	Filing 161 RESPONSE to Motion re #132 MOTION to Compel Rule 35 Examinations filed by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 8-6-20 Ciano Letter, #2 Plaintiffs' Supplemental Expert Disclosure 9-11-20) (Morrison, John)
January 14, 2021	Filing 160 AFFIDAVIT/DECLARATION re #159 Statement of Undisputed Fact, #134 MOTION for Summary Judgment by Cavagna Group S.p.A Omeca Division. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F) (Ciano, Frank)
January 14, 2021	Filing 159 Statement of Undisputed Fact re #134 MOTION for Summary Judgment by Cavagna Group S.p.A Omeca Division. (Ciano, Frank) Modified on 1/14/2021 to correct linked motion(JEH).
January 14, 2021	Filing 158 Amended Brief/Memorandum in Support re #134 MOTION for Summary Judgment filed by Cavagna Group S.p.A Omeca Division. (Ciano, Frank) Modified on 1/14/2021 to correct linked motion. (JEH).
January 14, 2021	Filing 157 FILED IN ERROR - DISREGARD - Amended MOTION for Summary Judgment Frank J. Ciano appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Ciano, Frank) Modified on 1/14/2021 (JEH). Modified on 1/14/2021 (JEH).
January 12, 2021	Filing 156 CERTIFICATE OF SERVICE (NOTICE OF CONVENTIONAL FILING OF VIDEO) by Cavagna Group S.p.A Omeca Division re #158 Brief/Memorandum in Support. Thumb drive kept on BLG open civil file shelf. (JEH)
January 11, 2021	Filing 155 AMENDED BRIEF FILED AS #158 - Brief/Memorandum in Support re #134 MOTION for Summary Judgment filed by Cavagna Group S.p.A Omeca Division. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit E) (Ciano, Frank) Modified on 1/14/2021 (JEH).
January 11, 2021	Filing 154 Brief/Memorandum in Support re #132 MOTION to Compel Rule 35 Examinations filed by Cavagna Group S.p.A Omeca Division. (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) (Ciano, Frank)
January 11, 2021	Filing 153 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion to Amend. Michael D. Aiken appearing for Defendants Albertsons Companies, Inc., Amerigas Propane, L.P. Motions referred to Timothy J. Cavan. (Attachments: #1 Sur-Reply in Opposition to Plaintiffs' Motion to Amend) (Aiken, Michael) (Modified on 1/11/2021 to link to #115 Motion; original reply is Doc. 127.) (NOS)
January 11, 2021	Filing 152 Brief/Memorandum in Support re #136 MOTION for Partial Summary Judgment filed by Albertsons Companies, Inc., Amerigas Propane, L.P.. (Attachments: #1 Declaration of Jon T. Dyre) (Aiken, Michael)
January 11, 2021	Filing 151 Notice of Correction: re #139 MOTION for Partial Summary Judgment Declaration of Jon T. Dyre, #138 MOTION for Partial Summary Judgment Brief in Support. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (JEH)
January 11, 2021	Filing 150 Notice of Correction: re #135 MOTION for Summary Judgment (Brief in Support). The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (JEH)
January 11, 2021	Filing 149 Notice of Correction: re #133 MOTION to Compel Rule 35 Examinations (Brief in Support). The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (JEH)
January 8, 2021	Filing 148 Lodged Sealed Document re: #145 Unopposed MOTION for Leave to File Under Seal filed by Amber Copenhaver, Todd Copenhaver Declaration of John Morrison. (Attachments: #1 Ex 1 - Timeline, #2 Ex 2 Part 1 - Timeline of Defect Documents, #3 Ex 2 Part 2 - Timeline Injury Documents, #4 Ex 3 - Cavagna Discovery Responses, #5 Ex 4 - Cavagna Amended & 5th Disc Responses, #6 Ex 5 - Cavagna Initial Disclosure, #7 Ex 6 - Amerigas Responses to 1st Disc, #8 Ex 7 - AmeriGas Initial Disclosures, #9 Ex 8 - Albertsons Responses to 1st Disc, #10 Ex 9 - Albertsons Initial Disclosures, #11 Ex 10 - Risk topic product warning, #12 Ex 11 - ESi 8-3-20 Report, #13 Ex 12 - Plaintiffs Rule 26 disclosure, #14 Ex 13 - Wagner 8-3-20 report, #15 Ex 14 - Wagner Supplemental report, #16 Ex 15 - T Copenhaver depo excerpts, #17 Ex 16 - Burris Depo Excerpts, #18 Ex 17 - Wagner Depo Excerpts, #19 Ex 18 - Bloom Depo Excerpts, #20 Ex 19 - AmeriGas RFA 11, #21 Ex 20 - Maffi Depo Excerpts, #22 Ex 21 - Declaration of Serpe, #23 Ex 22 - Valve notice) (Morrison, John) (Modified to link to Motion, Doc. #144 ). (NOS)
January 8, 2021	Filing 147 Lodged Sealed Document re: #145 Unopposed MOTION for Leave to File Under Seal filed by Amber Copenhaver, Todd Copenhaver Statement of Undisputed Facts. (Morrison, John) (Modified to link to Motion, Doc. #144 ). (NOS)
January 8, 2021	Filing 146 Lodged Sealed Document re: #145 Unopposed MOTION for Leave to File Under Seal filed by Amber Copenhaver, Todd Copenhaver Brief In Support of Motion for Partial Summary Judgment as to Liability. (Morrison, John) (Modified to link to Motion, Doc. #144 ). (NOS)
January 8, 2021	Filing 145 Unopposed MOTION for Leave to File Under Seal John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Morrison, John)
January 8, 2021	Filing 144 MOTION for Partial Summary Judgment as to Liability John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Morrison, John)
January 8, 2021	Filing 143 Brief/Memorandum in Support re #142 MOTION for Partial Summary Judgment as to Misuse and Assumption of Risk filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
January 8, 2021	Filing 142 MOTION for Partial Summary Judgment as to Misuse and Assumption of Risk John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Morrison, John)
January 8, 2021	Filing 141 Brief/Memorandum in Support re #140 MOTION for Partial Summary Judgment as to Affirmative Defenses filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
January 8, 2021	Filing 140 MOTION for Partial Summary Judgment as to Affirmative Defenses John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Morrison, John)
January 8, 2021	Filing 139 Modified on 1/11/2021 - term motion, see notice of correction #151 (JEH). Refiled correctly at Doc. #152 . (NOS) MOTION for Partial Summary Judgment Declaration of Jon T. Dyre Michael D. Aiken appearing for Defendants Albertsons Companies, Inc., Amerigas Propane, L.P. Motions referred to Timothy J. Cavan. (Aiken, Michael)
January 8, 2021	Filing 138 Modified on 1/11/2021 - term motion, see notice of correction #151 . (JEH). Refiled correctly at Doc. #152 . (NOS) MOTION for Partial Summary Judgment Brief in Support Michael D. Aiken appearing for Defendants Albertsons Companies, Inc., Amerigas Propane, L.P. Motions referred to Timothy J. Cavan. (Aiken, Michael)
January 8, 2021	Filing 137 Statement of Undisputed Fact re: #136 MOTION for Partial Summary Judgment . (Aiken, Michael)
January 8, 2021	Filing 136 MOTION for Partial Summary Judgment Michael D. Aiken appearing for Defendants Albertsons Companies, Inc., Amerigas Propane, L.P. Motions referred to Timothy J. Cavan. (Aiken, Michael)
January 8, 2021	Filing 135 Modified on 1/11/2021 - term motion. See Notice of Correction #150 . (JEH). Document has been refiled correctly at Doc. #155 . (NOS) MOTION for Summary Judgment (Brief in Support) Frank J. Ciano appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit E) (Ciano, Frank)
January 8, 2021	Filing 134 MOTION for Summary Judgment Frank J. Ciano appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Ciano, Frank)
January 6, 2021	Filing 133 Modified on 1/11/2021 to term motion. See Notice of Correction #149 (JEH). Document has been refiled correctly at Doc. #154 . (NOS) MOTION to Compel Rule 35 Examinations (Brief in Support) Frank J. Ciano appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (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) (Ciano, Frank)
January 6, 2021	Filing 132 MOTION to Compel Rule 35 Examinations Frank J. Ciano appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Ciano, Frank)
January 6, 2021	Filing 131 TRANSCRIPT DESIGNATION ORDER FORM for proceedings held on 8/11/2020 before Judge Timothy J. Cavan. Court reporter Rich Mattson. Type of transcript: 30-Day. Transcript due by 2/5/2021. Form sent via email to R. Mattson 1/6/2021. (JEH)
January 4, 2021	Filing 130 Unopposed MOTION for Leave to File Under Seal - Doc. #126 and attachments 1-4. John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Morrison, John) (Modified to amend docket text.) (NOS)
January 2, 2021	Filing 129 REPLY to Response to Motion re #110 MOTION for Sanctions Rule 37 Against AmeriGas and Albertsons filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
December 30, 2020	Filing 128 REPLY to Response to Motion re #115 MOTION for Leave to File Fourth Amended Complaint as to Cavagna filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
December 30, 2020	Filing 127 REPLY to Response to Motion re #115 MOTION for Leave to File Fourth Amended Complaint filed by Amber Copenhaver, Todd Copenhaver as to Amerigas and Albertsons. (Attachments: #1 Bloom Depo Excerpts, #2 Wagner Depo Excerpts, #3 ESi August 3 report excerpts, #4 ESi Rebuttal report excerpts, #5 Wagner Supplemental report) (Morrison, John)
December 30, 2020	Filing 126 REPLY to Response to Motion re #105 MOTION for Sanctions Rule 37 Against Cavagna filed by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Cavagna 2502-2505, #2 Cavagna 2651-2695, #3 Relevant emails, #4 Investigation Attendance) (Morrison, John)
December 24, 2020	Filing 125 RESPONSE to Motion re #105 MOTION for Sanctions Rule 37 Against Cavagna filed by Cavagna Group S.p.A Omeca Division. (Attachments: #1 Exhibit 1 - email, #2 Exhibit 2 - email, #3 Exhibit 3 - email, #4 Exhibit 4 - email, #5 Exhibit 5 - email, #6 Exhibit 6 - email, #7 Exhibit 7 - email, #8 Exhibit 8 - email, #9 Exhibit 9 - email, #10 Exhibit 10 - email, #11 Exhibit 11 - email, #12 Exhibit 12 - email, #13 Exhibit 13 - privilege log, #14 Exhibit 14 - privilege log, #15 Exhibit 15 - email, #16 Exhibit 16 - email, #17 Exhibit 17 - Affidavit of Erich F. Wolf, #18 Exhibit 18 - Affidavit of Valerio Maffi) (Ciano, Frank)
December 21, 2020	Filing 124 ORDER granting #123 Motion for Extension of Time to File Reply re #110 MOTION for Sanctions Rule 37 Against AmeriGas and Albertsons. Plaintiffs shall file a reply brief no later than January 4, 2021. Signed by Magistrate Judge Timothy J. Cavan on 12/21/2020. (HEG)
December 21, 2020	Filing 123 Unopposed MOTION for Extension of Time to File Response/Reply as to #110 MOTION for Sanctions Rule 37 Against AmeriGas and Albertsons John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Morrison, John)
December 16, 2020	Filing 122 RESPONSE to Motion re #115 MOTION for Leave to File Fourth Amended Complaint filed by Cavagna Group S.p.A Omeca Division. (Attachments: #1 Exhibit, #2 Supplement, #3 Supplement) (Stacey, Calvin)
December 16, 2020	Filing 121 ORDER WITHHOLDING CONSENT. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Susan P. Watters. The case remains REFERRED to the Honorable Timothy J. Cavan. Signed by Judge Susan P. Watters on 12/16/2020. (JDH)
December 16, 2020	Filing 120 RESPONSE to Motion re #115 MOTION for Leave to File Fourth Amended Complaint Brief in Opposition filed by Albertsons Companies, Inc., Amerigas Propane, L.P.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H) (Aiken, Michael)
December 8, 2020	Filing 119 RESPONSE to Motion re #110 MOTION for Sanctions Rule 37 Against AmeriGas and Albertsons Brief in Opposition to Rule 37 Sanctions filed by Albertsons Companies, Inc., Amerigas Propane, L.P.. (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) (Aiken, Michael)
December 3, 2020	Filing 118 ORDER granting #116 Motion to File Under Seal. IT IS ORDERED that the motion to file under seal (Doc. 116) is GRANTED. Upon filing, Plaintiff must adhere to L.R. 5.2. Signed by Magistrate Judge Timothy J. Cavan on 12/3/2020. (JDH)
December 2, 2020	Filing 117 Sealed Document - Brief in Support of Motion to File Fourth Amended Complaint re: #116 Unopposed MOTION for Leave to File Under Seal filed by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Exhibit 1 - Fourth Amended Complaint) (Morrison, John) Modified on 12/3/2020 (JDH). (Linked to motion, Doc. 115.) (NOS)
December 2, 2020	Filing 116 Unopposed MOTION for Leave to File Under Seal Brief In Support of Motion to File Fourth Amended Complaint John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Morrison, John)
December 2, 2020	Filing 115 MOTION for Leave to File Fourth Amended Complaint John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Morrison, John)
November 30, 2020	Filing 114 ORDER GRANTING UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE MOTIONS. The Motions Deadline set forth in the May 4, 2020 Order (Doc. 84) is extended from December 18, 2020 to January 8, 2021. Signed by Magistrate Judge Timothy J. Cavan on 11/30/2020. (HEG)
November 30, 2020	Filing 113 Unopposed MOTION to Continue Motions Deadline Calvin J. Stacey appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Stacey, Calvin)
November 25, 2020	Filing 112 Electronic Mailing of Consent: Magistrate as Presiding Judge. Mailed via NEF to Counsel Laskey, Aiken, Dyre, Knobel, Ciano, Stacey, Morrison, Peterson, Johnson. Consent/Objection to USMJ Form due by 12/14/2020. (NOS)
November 24, 2020	Filing 111 Brief/Memorandum in Support re #110 MOTION for Sanctions Rule 37 Against AmeriGas and Albertsons filed by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Exhibit 1 - AmeriGas Responses to 1st Discovery 1-10-20, #2 Exhibit 2 - Albertsons Responses to 1st disc req 01-11-20, #3 Exhibit 3 - Letter to Paul and Brook - 1-22-20, #4 Exhibit 4 - HBL to Morrison re response to discovery letter, #5 Exhibit 5 - Amerigas Suppl. AINTs RRFPs RRFAs 06-05-20, #6 Exhibit 6 - Amerigas Privilege Log (003) 6-5-20, #7 Exhibit 7 - AmeriGas RFA 11 and Schumacher Depo Pages 29-31, #8 Exhibit 8 - Letter of Sept 21, 2020, #9 Exhibit 9 - AmeriGas 2nd Suppl. AINTs RRFPs, #10 Exhibit 10 - Wagner Depo Excerpts, #11 Exhibit 11 - Cullinan Depo Excerpts, #12 Exhibit 12 - Darmody Depo Excerpt) (Morrison, John)
November 24, 2020	Filing 110 MOTION for Sanctions Rule 37 Against AmeriGas and Albertsons John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Morrison, John)
November 23, 2020	Filing 109 Sealed Document - AMENDED Brief/Memorandum in Support of Motion re #105 Motion for Sanctions filed by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Exhibit 1 - Timeline, #2 Exhibit 2 Part 1 - Timeline Defect Documents, #3 Exhibit 2 Part 2 - Timeline Injury Documents, #4 Exhibit 3 - Excerpts of Maffi Deposition, #5 Exhibit 4 - Excerpts of Wolf Deposition, #6 Exhibit 5 - Notice of Subpoena for Shawn Sapp) (Morrison, John) (Linked to motion.) (NOS)
November 20, 2020	Filing 108 ORDERED: The motion to file under seal the brief in support (Doc. 106) is GRANTED. Upon filing, Plaintiff must adhere to L.R. 5.2. Signed by Magistrate Judge Timothy J. Cavan on 11/20/2020. (HEG)
November 20, 2020	Filing 107 SEALED Document - Brief/Memorandum in Support of Motion re #105 Motion for Sanctions filed by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Exhibit 1 - Timeline, #2 Exhibit 2 - Timeline Documents, #3 Exhibit 3 - Excerpts of Maffi Deposition, #4 Exhibit 4 - Excerpts of Wolf Deposition, #5 Exhibit 5 - Notice of Sapp Subpoena) (Morrison, John) Modified on 11/20/2020 to seal per #108 (HEG). (Linked to motion.) (NOS)
November 20, 2020	Filing 106 Unopposed MOTION for Leave to File Under Seal John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Morrison, John)
November 20, 2020	Filing 105 MOTION for Sanctions Rule 37 Against Cavagna John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Morrison, John)
November 11, 2020	Filing 104 NOTICE of Substitution of Counsel by Albertsons Companies, Inc., Amerigas Propane, L.P. (Dyre, Jon)
September 24, 2020	Filing 103 REPLY to Response to Motion re #97 MOTION for Attorney Fees filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
September 21, 2020	Filing 102 RESPONSE to Motion re #97 MOTION for Attorney Fees filed by Cavagna Group S.p.A Omeca Division, Cavagna North America, Inc.. (Attachments: #1 Exhibit 6-20-20 Email Ciano to Morrison, #2 Exhibit 1-21-20 Morrison Letter to Ciano & Stacey, #3 Exhibit 9-15-20 Email Ciano to Morrison, #4 Exhibit 4-17-20 Email with NDA) (Stacey, Calvin) (Additional attachment(s) added on 9/21/2020: #5 Signature Page) (AMC).
September 9, 2020	Filing 101 ORDER granting #100 Motion for Extension of Time to File Brief in Opposition to Plaintiffs' #97 Motion for Attorney Fees. Defendant shall file a response brief no later than September 18, 2020. Plaintiffs, if they choose to file a reply, must do so within 14 days of Defendants submission. Signed by Magistrate Judge Timothy J. Cavan on 9/9/2020. (HEG)
September 9, 2020	Filing 100 Unopposed MOTION for Extension of Time to File Brief in Opposition to Plaintiffs' #97 Motion for Attorney Fees. Calvin J. Stacey appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Stacey, Calvin) (Linked to motion.) (NOS)
August 27, 2020	Filing 99 AFFIDAVIT/DECLARATION re #98 Brief/Memorandum in Support Of Plaintiffs' Motion for Attorney Fees by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Exhibit A - Morrison Time Log) (Morrison, John) Modified on 9/2/2020 to create relationship to #97 Motion (APP).
August 27, 2020	Filing 98 Brief/Memorandum in Support re #97 MOTION for Attorney Fees filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
August 27, 2020	Filing 97 MOTION for Attorney Fees John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Morrison, John)
August 13, 2020	Filing 96 ORDERED: Plaintiffs Motion to Compel is GRANTED to the extent the issues raised are covered by the parties stipulated agreement. The motion is DENIED as moot with respect to all remaining issues. IT IS FURTHER ORDERED that the parties have 14 days from the date of this order to submit the proposed non-disclosure agreement, accompanied by any briefs the parties wish to submit outlining their position of the issue and the applicability of the Gus Barber Antisecrecy Act, Mont. Code Ann. 2-6-1020. Signed by Magistrate Judge Timothy J. Cavan on 8/13/2020. (HEG)
August 11, 2020	Filing 95 MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Timothy J. Cavan: Motion Hearing held on 8/11/2020 re #63 MOTION to Compel and for Sanctions filed by Amber Copenhaver, Todd Copenhaver. Attorney John Morrison appearing for plaintiffs; attorney Calvin Stacey appearing for defendant Cavagna Group and attorney Paul Collins is present on behalf of defendant Amerigas Propane, LP. Arguments heard. Court addresses counsel and recesses to allow counsel to meet and confer to attempt to resolve matters at issue. Court recesses at 12:29 p.m. Court back in session at 2:27 p.m. Mr. Morrison advises court of agreements reached. All but one issue is resolved by stipulated agreement. The remaining issue relates to a non-disclosure agreement. Parties have 14 days to submit proposed language for the NDA and brief arguments. Order to follow. Attorney Morrision requests a date to submite a bill of fees and costs. If parties wish to seek fees and costs, the Court will take the matter under advisement. Hearing commenced at 11:12 a.m. and concluded at 2:50 p.m. with a two hour recess. (Court Reporter Rich Mattson.) (Law Clerk: J. Byorth), (Hearing held in BHC - Billings) (JDH)
August 5, 2020	Filing 94 ORDER Resetting Hearing. The hearing currently set for August 11, 2020, at 2:00 p.m. shall be RESCHEDULED to August 11, 2020 at 11:00 a.m. before U.S. Magistrate Judge Timothy J. Cavan in the Bighorn Courtroom, James F. Battin Federal Courthouse, Billings, Montana. Signed by Magistrate Judge Timothy J. Cavan on 8/5/2020. (HEG) Modified on 8/6/2020 court reporter Rich Mattson (HEG).
August 4, 2020	Filing 93 STATUS REPORT Joint Regarding Plaintiffs' #63 Motion to Compel by Amber Copenhaver, Todd Copenhaver. (Morrison, John) (Modified to link to motion.) (NOS)
August 3, 2020	Filing 92 Expert Disclosure Statement by Albertsons Companies, Inc., Amerigas Propane, L.P. (Aiken, Michael) (Docket text added.)(NOS)
July 9, 2020	Filing 91 ORDER SETTING HEARING AND REQUIRING FURTHER MEET AND CONFER: The Court will conduct a motion hearing on August 11, 2020, at 2:00 p.m. before U.S. Magistrate Judge Timothy J. Cavan in the Bighorn Courtroom, James F. Battin Federal Courthouse, Billings, Montana. ( Status Report due by 8/4/2020.) Signed by Magistrate Judge Timothy J. Cavan on 7/9/2020. (HEG) Modified on 7/15/2020 - court reporter Rich Mattson (JEH).
July 7, 2020	Filing 90 Sur-Reply re #87 Reply to Response to Motion re #63 MOTION to Compel and for Sanctions filed by Cavagna Group S.p.A Omeca Division, Cavagna North America, Inc. (Stacey, Calvin) (Docket text modified.) (NOS)
June 30, 2020	Filing 89 ORDER granting #88 Motion for Leave to File Sur-Reply. Defendant shall file its Sur-Reply no later than July 7, 2020. Signed by Magistrate Judge Timothy J. Cavan on 6/30/2020. (HEG) (Linked to Motion to Compel.) (NOS)
June 29, 2020	Filing 88 Unopposed MOTION for Leave to File Sur-Reply To Plaintiffs' Reply to #63 Motion to Compel Calvin J. Stacey appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Stacey, Calvin) (NOS).
June 22, 2020	Filing 87 REPLY to Response to Motion re #63 MOTION to Compel and for Sanctions filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
June 12, 2020	Filing 86 RESPONSE to Motion re #63 MOTION to Compel and for Sanctions Cavagna's Brief in Opposition to Plaintiffs' Motion to Compel and for Sanctions filed by Cavagna Group S.p.A Omeca Division. (Attachments: #1 Exhibit) (Stacey, Calvin)
May 29, 2020	Filing 85 Supplemental Brief/Memorandum in Support re #63 MOTION to Compel and for Sanctions as to #84 Order filed by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Exhibit Cavagna's Supplemental Responses, #2 Exhibit Email Chain re Supplemental Discovery, #3 Exhibit Email Chain re missing documents, #4 Exhibit Email Chain re non-disclosure agreement) (Morrison, John) (Docket text modified.) (NOS)
May 4, 2020	Filing 84 ORDER re #63 MOTION to Compel and for Sanctions filed by Amber Copenhaver, Todd Copenhaver: Plaintiff's supplement to their Motion to Compel due by 5/29/2020; Cavagna's response due by 6/12/2020; #69 MOTION to Vacate Scheduling Order is GRANTED with respect to the deadlines in #17 Scheduling Order (all other provisions remain in full force and effect); Running Supply's #66 MOTION to Vacate #17 Scheduling Order is DENIED as MOOT. Signed by Magistrate Judge Timothy J. Cavan on 5/4/2020. (JDR)
May 4, 2020	Filing 83 MINUTE ENTRY for proceedings held before Magistrate Judge Timothy J. Cavan: Telephonic Status Conference held on 5/4/2020. (JDB)
May 4, 2020	Filing 82 NOTICE by Amber Copenhaver, Todd Copenhaver re #75 Response to Motion. (Morrison, John) (Linked to motion.) (NOS)
May 1, 2020	Filing 81 ORDERED: A telephonic Status Conference shall be held on Monday, May 4, 2020 at 2:00 p.m. before Magistrate Judge Timothy J. Cavan. Lead trial counsel for the respective parties are required to participate in the conference. Counsel shall use the Courts conferencing system. Signed by Magistrate Judge Timothy J. Cavan on 5/1/2020. (HEG)
May 1, 2020	Filing 80 REPLY to Response to Motion re #69 MOTION to Vacate #17 Scheduling Order, Opposed Motion filed by Cavagna Group S.p.A Omeca Division. (Attachments: #1 Exhibit 1) (Stacey, Calvin) (Docket text updated.) (NOS)
May 1, 2020	Filing 79 REPLY to Response to Motion re #69 MOTION to Vacate #17 Scheduling Order, Opposed Motion, #72 MOTION for Hearing /Status Conference filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
April 30, 2020	Filing 78 AFFIDAVIT/DECLARATION re #77 Response to Motion re #69 MOTION to Vacate Scheduling Order by Albertsons Companies, Inc., Amerigas Propane, L.P. (Attachments: #1 Exhibit 1 - Excerpts from deposition of Robert Burris, #2 Exhibit 2 - Michael Johnson email) (Collins, Paul) (Linked to motion.) (NOS)
April 30, 2020	Filing 77 RESPONSE to Motion re #69 MOTION to Vacate #17 Scheduling Order, Opposed Motion filed by Albertsons Companies, Inc., Amerigas Propane, L.P.. (Collins, Paul)
April 30, 2020	Filing 76 AMENDED DOCUMENT by Amber Copenhaver, Todd Copenhaver. Amendment to #75 Response to Motion #69 MOTION to Vacate #17 Scheduling Order. (Morrison, John)
April 30, 2020	Filing 75 RESPONSE to Motion re #69 MOTION to Vacate #17 Scheduling Order, Opposed Motion, #72 MOTION for Hearing /Status Conference filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
April 29, 2020	Filing 74 STIPULATION of Dismissal of Runnings Supply, Inc., d/b/a Runnings by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
April 29, 2020	Filing 73 NOTICE of Voluntary Dismissal by Amber Copenhaver, Todd Copenhaver (Morrison, John)
April 29, 2020	Filing 72 MOTION for Hearing /Status Conference Calvin J. Stacey appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Stacey, Calvin)
April 29, 2020	Remark: Plaintiffs have filed a Notice of Dismissal (Doc. #73 ) and a Joint Stipulation of Dismissal (Doc. #74 ). Pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(i) and 41(a)(1)(A)(ii), Defendants Ningbo Wanan Co., LTD and Runnings Supply, Inc. are dismissed without prejudice and without further order of the Court. (NOS)
April 28, 2020	Filing 71 ORDERED: Plaintiffs Notice of Withdrawal is REJECTED with leave to renew re #68 . See order for complete details. Signed by Magistrate Judge Timothy J. Cavan on 4/28/2020. (HEG)
April 24, 2020	Filing 70 Brief/Memorandum in Support re #69 MOTION to Vacate #17 Scheduling Order, Opposed Motion filed by Cavagna Group S.p.A Omeca Division. (Stacey, Calvin)
April 24, 2020	Filing 69 MOTION to Vacate #17 Scheduling Order, Opposed Motion Calvin J. Stacey appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Stacey, Calvin)
April 23, 2020	Filing 68 REJECTED per #71 NOTICE of Voluntary Dismissal by Amber Copenhaver, Todd Copenhaver (Morrison, John) Modified on 4/29/2020 to add text re #71 (HEG).
April 17, 2020	Filing 67 Brief/Memorandum in Support re #66 MOTION to Vacate #17 Scheduling Order, filed by Running Supply, Inc.. (Attachments: #1 Affidavit Affidavit M Johnson, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3) (Johnson, Michael)
April 17, 2020	Filing 66 MOTION to Vacate #17 Scheduling Order, Michael J. Johnson appearing for Defendant Running Supply, Inc. Motions referred to Timothy J. Cavan. (Johnson, Michael)
April 6, 2020	Filing 65 NOTICE by Amber Copenhaver, Todd Copenhaver re #63 MOTION to Compel and for Sanctions, #64 Brief/Memorandum in Support, of Cavagna's Opposition to Motion to Compel (Morrison, John)
April 1, 2020	Filing 64 Brief/Memorandum in Support re #63 MOTION to Compel and for Sanctions filed by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Exhibit Exhibit 1 - Cavagna Discovery Responses, #2 Exhibit Letter 1-20-20, #3 Exhibit Letter 1-29-20, #4 Exhibit Letter 2-27-20, #5 Exhibit Letter 2-27-20) (Morrison, John)
April 1, 2020	Filing 63 MOTION to Compel and for Sanctions John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Morrison, John)
March 13, 2020	Filing 62 Cavagna Group's ANSWER to #50 Answer to Amended Complaint, Crossclaim by Amerigas Propane by Cavagna Group S.p.A Omeca Division. (Stacey, Calvin)
March 13, 2020	Filing 61 Cavagna Group's ANSWER to #51 Answer to Amended Complaint, Crossclaim by Cavagna Group S.p.A Omeca Division. (Stacey, Calvin)
March 13, 2020	Filing 60 DISREGARD. CROSSCLAIM against Cavagna Group S.p.A Omeca Division, filed by Cavagna Group S.p.A Omeca Division. (Stacey, Calvin) Modified on 3/13/2020 to indicate party contacted clerk's office to notify of filing using an incorrect docket event. Party has been directed to re-file using the correct event. Party deleted as cross claimant (JDR).
March 6, 2020	Filing 59 ANSWER to #48 Amended Complaint by Running Supply, Inc.. (Johnson, Michael)
March 2, 2020	Filing 58 NOTICE of Acknowledgment of Pro Hac Vice Order by Amerigas Propane, L.P. (Aiken, Michael)
March 2, 2020	Remark: PHV attorney Michael Aiken is now a registered e-filer and may receive NEFs. (JDR)
February 25, 2020	Filing 57 Letter from Clerk of Court notifying PHV attorney Michael D. Aiken of e-filing registration requirements. (Hard copy mailed to M. Aiken w/copy of Order.) (JDR)
February 25, 2020	Filing 56 ORDER granting #55 Motion to Appear Pro Hac Vice (Michael D. Aiken). Acknowledgment of PHV Order due by 3/11/2020. Signed by Magistrate Judge Timothy J. Cavan on 2/24/2020. (JDR)
February 25, 2020	Remark: PHV filing fee of $250 refunded per Order #54 Denying PHV Motion. (HEG)
February 24, 2020	Filing 55 Unopposed MOTION Michael D. Aiken to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2446843.) Paul C. Collins appearing for Defendants Albertsons Companies, Inc., Amerigas Propane, L.P. Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit 1 - Affidavit of Michael Aiken, #2 Text of Proposed Order) (Collins, Paul)
February 24, 2020	Filing 54 ORDER denying #53 Motion to Appear Pro Hac Vice. Defendants motion to admit Michael D. Aiken pro hac vice is DENIED without prejudice. Defendant may resubmit the motion, provided opposing counsel is contacted and the resubmitted motion states whether any party objects. Copy provided to Finance. Signed by Magistrate Judge Timothy J. Cavan on 2/24/2020. (HEG)
February 24, 2020	Filing 53 MOTION Michael D. Aiken to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2446709.) Paul C. Collins appearing for Defendants Albertsons Companies, Inc., Amerigas Propane, L.P. Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit 1 - Affidavit of Michael Aiken, #2 Text of Proposed Order) (Collins, Paul)
February 20, 2020	Set/Reset Deadlines: Running Supply, Inc. answer due 3/6/2020 per Doc. #52 , AFFIDAVIT of Service for Third Amended Complaint served on Running Supply, Inc. (NOS)
February 19, 2020	Filing 52 AFFIDAVIT of Service for Third Amended Complaint served on Running Supply, Inc., d/b/a Runnings on 2/14/2020, filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
February 18, 2020	Filing 51 ANSWER to #48 Amended Complaint , CROSSCLAIM against Cavagna Group S.p.A Omeca Division by Albertsons Companies, Inc.. (Collins, Paul)
February 18, 2020	Filing 50 ANSWER to #48 Amended Complaint , CROSSCLAIM against Cavagna Group S.p.A Omeca Division by Amerigas Propane, L.P.. (Collins, Paul)
February 12, 2020	Filing 49 Summons Issued as to Running Supply, Inc. Original mailed to Plaintiffs' counsel. (NOS)
February 12, 2020	Filing 48 AMENDED COMPLAINT Third against Running Supply, Inc. d/b/a Runnings, filed by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Exhibit Summons) (Morrison, John)
February 11, 2020	Filing 47 ORDERED: The Second Motion to Amend #44 is GRANTED. Plaintiffs shall promptly file its First Amended Complaint in accordance with Civil Local Rule 15.1. Signed by Magistrate Judge Timothy J. Cavan on 2/11/2020. (HEG)
February 11, 2020	Filing 46 NOTICE by Amber Copenhaver, Todd Copenhaver (Morrison, John)
February 5, 2020	Filing 45 Brief/Memorandum in Support re #44 Second MOTION for Leave to File Third Amended Complaint filed by Amber Copenhaver, Todd Copenhaver. (Attachments: #1 Appendix Third Amended Complaint) (Morrison, John)
February 5, 2020	Filing 44 Second MOTION for Leave to File Third Amended Complaint John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Morrison, John)
February 5, 2020	Filing 43 Summons Issued as to Ningbo Wanan Co., LTD. (original summons mailed to attorney John Morrison for service) (EMH)
February 5, 2020	Filing 42 AMENDED COMPLAINT SECOND against Ningbo Wanan Co., LTD, filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
February 5, 2020	Filing 41 ORDER granting #40 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Timothy J. Cavan on 2/5/2020. (JEH)
February 4, 2020	Filing 40 Unopposed MOTION for Leave to File Second Amended Complaint John M. Morrison appearing for Plaintiffs Amber Copenhaver, Todd Copenhaver Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit Second Amended Complaint, #2 Text of Proposed Order Proposed Order) (Morrison, John)
January 27, 2020	Filing 39 ANSWER to #19 Amended Complaint, by Amerigas Propane, L.P.. (Collins, Paul)
January 27, 2020	Filing 38 ANSWER to #19 Amended Complaint, by Albertsons Companies, Inc.. (Collins, Paul)
January 14, 2020	Filing 37 NOTICE of Acknowledgment of Pro Hac Vice Order by Cavagna Group S.p.A Omeca Division re #35 Order on Motion to Appear Pro Hac Vice. (Ciano, Frank) (Party name modified.) (NOS)
January 13, 2020	Remark: PHV attorney Frank J. Ciano is now a registered e-filer and may receive NEFs. (JDR)
January 6, 2020	Filing fee received: $ 255.00, receipt number MTX100016778. Pro Hac Vice filing fee for motion filed and granted on 1/3/2010. PHV attorney Frank J. Ciano admitted. (JDR)
January 3, 2020	Filing 36 Letter from Clerk of Court notifying PHV attorney Frank J. Ciano of CM/ECF registration requirements. (Hard copy mailed.) (JDR)
January 3, 2020	Filing 35 ORDER granting #34 Motion to Appear Pro Hac Vice - Frank J. Ciano. Acknowledgment of PHV Order due by 1/21/2020. Signed by Magistrate Judge Timothy J. Cavan on 1/3/2020. (JDR)
January 3, 2020	Filing 34 Unopposed MOTION Frank J. Ciano to Appear Pro Hac Vice ( Filing fee $ 255 receipt number MTX100016778.) Calvin J. Stacey appearing for Defendant Cavagna Group S.p.A Omeca Division Motions referred to Timothy J. Cavan. (Attachments: #1 Affidavit) (Stacey, Calvin) Modified on 1/6/2020 to enter a valid receipt number (JDR).
December 30, 2019	Filing 33 ORDER denying #31 Motion for Frank J. Ciano to Appear Pro Hac Vice. Defendant may resubmit the motion, provided opposing counsel is contacted and the resubmitted motion states whether any party objects, and intended documents are filed therewith. Finance notified of denied PHV Admission. Signed by Magistrate Judge Timothy J. Cavan on 12/30/2019. (HEG)
December 30, 2019	Filing 32 Notice of Correction: re #30 Notice of Acknowledgment of Pro Hac Vice Order. The filing error relates to: Signature and Login Do not Match. See the attached document for a brief description of the error made. (HEG)
December 30, 2019	Filing 31 MOTION Frank J. Ciano to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2420524.) Calvin J. Stacey appearing for Defendant Cavagna North America, Inc. Motions referred to Timothy J. Cavan. (Attachments: #1 Affidavit Affidavit of Frank J. Ciano in Support of Motion for Pro Hac Vice Admission) (Stacey, Calvin)
December 30, 2019	Filing 30 NOTICE of Acknowledgment of Pro Hac Vice Order by Albertsons Companies, Inc., Amerigas Propane, L.P. re #28 Order on Motion to Appear Pro Hac Vice, (Collins, Paul)
December 19, 2019	Filing 29 ANSWER to #19 Amended Complaint, and Demand for Jury Trial by Cavagna Group S.p.A Omeca Division. (Stacey, Calvin)
December 16, 2019	Filing 28 ORDER granting #26 Motion to Appear Pro Hac Vice for Attorney H. Brook Laskey for Albertsons Companies, Inc., and Amerigas Propane, L.P. Acknowledgment of PHV Order due by 12/31/2019. Signed by Magistrate Judge Timothy J. Cavan on 12/16/2019. (HEG)
December 16, 2019	Filing 27 NOTICE by Albertsons Companies, Inc., Amerigas Propane, L.P. re #26 MOTION H. Brook Laskey to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2415256.) Certificate of Good Standing (Collins, Paul)
December 16, 2019	Filing 26 MOTION H. Brook Laskey to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2415256.) Paul C. Collins appearing for Defendants Albertsons Companies, Inc., Amerigas Propane, L.P. Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit 1 - Affidavit of Brook Laskey, #2 Text of Proposed Order) (Collins, Paul)
December 13, 2019	Remark: PHV filing fee of $250 refunded per #25 Order Denying PHV Motion to Appear. (HEG)
December 12, 2019	Filing 25 ORDERED: Defendants motion to admit H. Brook Laskey pro hac vice is DENIED without prejudice. Defendants may resubmit the motion, provided it is accompanied by an affidavit that complies in full with L.R. 83.1(d)(3). Signed by Magistrate Judge Timothy J. Cavan on 12/12/2019. (HEG) Modified on 12/12/2019 Finance notified to process refund (HEG).
December 11, 2019	Filing 24 MOTION H. Brook Laskey to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2413208.) Paul C. Collins appearing for Defendants Albertsons Companies, Inc., Amerigas Propane, L.P. Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit 1 - Affidavit of Brook Laskey, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order) (Collins, Paul)
December 4, 2019	Filing 23 WAIVER OF SERVICE Returned Executed by Amber Copenhaver, Todd Copenhaver. Amerigas Propane, L.P. waiver sent on 11/14/2019, answer due 1/13/2020. (Morrison, John)
December 4, 2019	Filing 22 WAIVER OF SERVICE Returned Executed by Amber Copenhaver, Todd Copenhaver. Albertsons Companies, Inc. waiver sent on 11/14/2019, answer due 1/13/2020. (Morrison, John)
November 21, 2019	Filing 21 WAIVER OF SERVICE Returned Executed by Amber Copenhaver, Todd Copenhaver. Cavagna Group S.p.A Omeca Division waiver sent on 11/14/2019, answer due 1/13/2020. (Morrison, John)
November 14, 2019	Filing 20 Summons Issued as to Albertsons Companies, Inc., Amerigas Propane, L.P., Cavagna Group S.p.A Omeca Division. (originals in the mail to attorney John Morrison for service) (EMH)
November 14, 2019	Filing 19 AMENDED COMPLAINT against Amerigas Propane, L.P., Does 1-10, Albertsons Companies, Inc., Cavagna Group S.p.A Omeca Division, filed by Todd Copenhaver, Amber Copenhaver. (Attachments: #1 Exhibit Summons - Albertsons Companies, Inc., #2 Exhibit Summons - Cavagna Group S.p.A Omeca Division) (Morrison, John)
November 14, 2019	Filing 18 NOTICE of Voluntary Dismissal by Amber Copenhaver, Todd Copenhaver (Morrison, John)
November 5, 2019	Filing 17 SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 2/5/2020. Discovery Deadline (discovery must be served so that responses are due on or before this date) due by 8/5/2020. Motions due by 9/8/2020. (See order for additional deadlines and details.)Signed by Magistrate Judge Timothy J. Cavan on 11/5/2019. (HEG)
November 5, 2019	Filing 16 Minute Entry for proceedings held before Magistrate Judge Timothy J. Cavan: Pretrial Conference held on 11/5/2019. (JDB)
October 30, 2019	Filing 15 PRELIMINARY PRETRIAL STATEMENT by Cavagna North America, Inc.. (Stacey, Calvin)
October 29, 2019	Filing 14 PRELIMINARY PRETRIAL STATEMENT by Albertsons, LLC, Amerigas Propane, L.P.. (Collins, Paul)
October 29, 2019	Filing 13 STATEMENT OF STIPULATED FACTS by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
October 29, 2019	Filing 12 PRELIMINARY PRETRIAL STATEMENT by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
September 16, 2019	Filing 11 PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement, Joint Discovery Plan and Statement of Stipulated Facts due by 10/29/2019. Lead trial counsel for the respective parties, and any individual proceeding pro se, shall report to the chambers of the undersigned United States Magistrate Judge, at the James F. Battin Federal Courthouse, 2601 2nd Avenue North, Suite 5500, Billings, Montana on November 5, 2019 at 11:00 a.m. for the purpose of participating in a preliminary pretrial conference. Signed by Magistrate Judge Timothy J. Cavan on 9/16/2019. (HEG)
September 13, 2019	Filing 10 JOINT DISCOVERY PLAN by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
August 26, 2019	Filing 9 ANSWER to #1 Complaint with Jury Demand by Amerigas Propane, L.P.. (Collins, Paul)
August 26, 2019	Filing 8 ANSWER to #1 Complaint with Jury Demand by Albertsons, LLC. (Collins, Paul)
July 31, 2019	Filing 7 ANSWER to #1 Complaint with Jury Demand by Cavagna North America, Inc.. (Stacey, Calvin)
July 22, 2019	Filing 6 WAIVER OF SERVICE Returned Executed by Todd Copenhaver, Amber Copenhaver. Albertsons, LLC waiver sent on 6/26/2019, answer due 8/26/2019. (Morrison, John)
July 22, 2019	Filing 5 WAIVER OF SERVICE Returned Executed by Todd Copenhaver, Amber Copenhaver. Amerigas Propane, L.P. waiver sent on 6/26/2019, answer due 8/26/2019. (Morrison, John)
July 9, 2019	Filing 4 AFFIDAVIT of Service for Complaint & Summons served on Cavagna North America on July 2, 2019, filed by Amber Copenhaver, Todd Copenhaver. (Morrison, John)
July 9, 2019	Set Deadlines: Cavagna North America, Inc. answer due 7/23/2019. (JEC)
July 2, 2019	Set Deadlines: Blue Rhino Corporation answer due 7/18/2019. (JEC)
July 1, 2019	Filing 3 AFFIDAVIT of Service for Complaint & Summons served on Blue Rhino Corporation on June 27, 2019, filed by Amber Copenhaver, Todd Copenhaver. (Peterson, Scott)
June 25, 2019	Filing 2 Summons Issued as to Albertsons, LLC, Amerigas Propane, L.P., Blue Rhino Corporation, Cavagna North America, Inc. (Original and one copy mailed to attorney) (AMC)
June 25, 2019	Filing 1 COMPLAINT AND DEMAND FOR JURY TRIAL - CASE NUMBER IS CV-19-71-BLG-SPW-TJC against All Defendants filed by Todd Copenhaver, Amber Copenhaver. (Attachments: #1 Civil Cover Sheet) (AMC)
June 25, 2019	Filing fee PAID IN THE SHELL CASE: $ 400, receipt number 0977-2329024 (AMC)

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Search for this case: Copenhaver et al v. Cavagna North America, Inc. et al
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Defendant: Does 1-10
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Defendant: Blue Rhino Corporation
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Defendant: Cavagna North America, Inc.
Represented By:	Calvin J. Stacey
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Defendant: Albertsons, LLC
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Defendant: Amerigas Propane, L.P.
Represented By:	H. Brook Laskey
Represented By:	Michael D. Aiken
Represented By:	David Knobel
Represented By:	Jon T. Dyre
Represented By:	Paul C. Collins
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Defendant: Albertsons Companies, Inc.
Represented By:	H. Brook Laskey
Represented By:	Michael D. Aiken
Represented By:	David Knobel
Represented By:	Jon T. Dyre
Represented By:	Paul C. Collins
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Defendant: Cavagna Group S.p.A Omeca Division
Represented By:	Calvin J. Stacey
Represented By:	Frank J. Ciano
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Defendant: Ningbo Wanan Co., LTD
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Defendant: Running Supply, Inc. doing business as Runnings
Represented By:	Michael J. Johnson
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Plaintiff: Todd Copenhaver
Represented By:	Scott L. Peterson
Represented By:	John M. Morrison
Represented By:	John C. Heenan
Represented By:	Joseph Patrick Cook
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Plaintiff: Amber Copenhaver
Represented By:	Scott L. Peterson
Represented By:	John M. Morrison
Represented By:	John C. Heenan
Represented By:	Joseph Patrick Cook
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