Ag Navigator, LLC et al v. Top Gun Ag LLC et al

Plaintiff: Ag Navigator, LLC, Foreland Ag, LLC, Foreland Real Estate, LLC, Foreland Real Estate III, LLC and Foreland Real Estate II, LLC
Defendant: Timothy C. Barker, Ryan Russell, Lance Fulton, John Doe 1-10, Jane Doe 1-10 and Top Gun Ag LLC
Case Number: 8:2020cv00119
Filed: March 27, 2020
Court: US District Court for the District of Nebraska
Presiding Judge: Robert F Rossiter
Referring Judge: Cheryl R Zwart
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 22, 2020 Filing 46 TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the IndexPu #42 is stricken for the following reason(s): pursuant to Order 44. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
May 21, 2020 Filing 45 INDEX in support of MOTION to Remand and Award of Attorney Fees #34 Amended Index by Attorney Karson S. Kampfe on behalf of Plaintiffs Ag Navigator, LLC, Foreland Ag, LLC, Foreland Real Estate II, LLC, Foreland Real Estate III, LLC, Foreland Real Estate, LLC. (Attachments: #1 Exhibit 1 Brislen Declaration, #2 Exhibit A Email String, #3 Exhibit 2 Amended Fong Declaration, #4 Exhibit B Russell Agreement, #5 Exhibit C Emails, #6 Exhibit D Member Listing, #7 Exhibit E Emails, #8 Exhibit F Email, #9 Exhibit G Certt Mail, #10 Exhibit H Notice)(Kampfe, Karson)
May 20, 2020 Filing 44 TEXT ORDER granting #43 Motion to Replace Filing. Plaintiffs indicate certain typographical errors exist in the Fong Declaration attached to their Index in Support of Motion to Remand at Filing No. [42-3]. On or before May 22, 2020, Plaintiffs may file an Amended Index, incorporating the corrected Fong Declaration, a copy of which was attached to their motion. Upon filing of the Amended Index, the court will strike Plaintiffs' previous index and exhibits at Filing No. #42 . Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
May 20, 2020 Filing 43 MOTION to Replace Exhibit regarding Index,, #42 by Attorney Karson S. Kampfe on behalf of Plaintiffs Ag Navigator, LLC, Foreland Ag, LLC, Foreland Real Estate II, LLC, Foreland Real Estate III, LLC, Foreland Real Estate, LLC. (Attachments: #1 Exhibit A Amended Declaration Fong)(Kampfe, Karson)
May 19, 2020 Filing 42 STRICKEN - INDEX in support of MOTION to Remand and Award of Attorney Fees #34 by Attorney Karson S. Kampfe on behalf of Plaintiffs Ag Navigator, LLC, Foreland Ag, LLC, Foreland Real Estate II, LLC, Foreland Real Estate III, LLC, Foreland Real Estate, LLC. (Attachments: #1 Exhibit 1 Brislen Declaration, #2 Exhibit A Email string, #3 Exhibit 2 Fong Declaration, #4 Exhibit B Russell Agreement, #5 Exhibit C Emails, #6 Exhibit D Member Listing, #7 Exhibit E Emails, #8 Exhibit F Email, #9 Exhibit G Certt Mail, #10 Exhibit H Notice)(Kampfe, Karson) Modified on 5/22/2020 to strike per Order 46 (TCL).
May 19, 2020 Filing 41 REPLY BRIEF in support of MOTION to Remand and Award of Attorney Fees #34 by Attorney Karson S. Kampfe on behalf of Plaintiffs Ag Navigator, LLC, Foreland Ag, LLC, Foreland Real Estate II, LLC, Foreland Real Estate III, LLC, Foreland Real Estate, LLC.(Kampfe, Karson)
May 12, 2020 Filing 40 RESPONSE regarding MOTION to Remand and Award of Attorney Fees #34 Response by Defendants Top Gun Ag LLC,Barker, Fulton, and Russell by Attorney Christine E. Seck on behalf of Defendant Top Gun Ag LLC. (Attachments: #1 Exhibit Fulton Affidavit to Motion to Dismiss, #2 Exhibit First Amendment to 2nd Restated Operating Agreement, #3 Exhibit Fulton Affidavit to Motion to Dismiss, #4 Exhibit Russell Affidavit to Motion to Dismiss, #5 Exhibit Business Entity Amendment to Cancel, #6 Exhibit Woods' Letter Dated 04-27-20, #7 Exhibit Second Operating Agreement, #8 Exhibit Fulton Affidavit dated 05-12-20)(Seck, Christine)
May 5, 2020 Filing 39 TEXT ORDER granting #38 Defendants' Unopposed Motion to Extend the response deadline as to Plaintiffs' MOTION to Remand and Award of Attorney Fees #34 . Defendants' deadline is now May 12, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
May 5, 2020 Filing 38 UNOPPOSED MOTION to Extend Defendants' Response to Plaintiffs' Motion to Remand by Attorney Christine E. Seck on behalf of Defendant Top Gun Ag LLC.(Seck, Christine) Modified on 5/5/2020 to correct event type (CEW).
April 28, 2020 Filing 37 TEXT ORDER granting #36 Motion to Stay. All deadlines, including deadlines for responding to the Defendants' motions to dismiss, are stayed pending a ruling on whether this court has subject matter jurisdiction over the Plaintiffs' claims. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
April 23, 2020 Filing 36 MOTION to Extend or Stay Deadlines by Attorney Karson S. Kampfe on behalf of Plaintiffs Ag Navigator, LLC, Foreland Ag, LLC, Foreland Real Estate II, LLC, Foreland Real Estate III, LLC, Foreland Real Estate, LLC.(Kampfe, Karson)
April 21, 2020 Filing 35 BRIEF in support of MOTION to Remand and Award of Attorney Fees #34 by Attorney Karson S. Kampfe on behalf of Plaintiff Ag Navigator, LLC.(Kampfe, Karson)
April 21, 2020 Filing 34 MOTION to Remand and Award of Attorney Fees by Attorney Karson S. Kampfe on behalf of Plaintiff Ag Navigator, LLC.(Kampfe, Karson)
April 16, 2020 Filing 33 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 Corporate Disclosure of Barker by Attorney Christine E. Seck on behalf of Defendant Timothy C. Barker.(Seck, Christine)
April 16, 2020 Filing 32 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 Corporate Disclosure of Fulton by Attorney Christine E. Seck on behalf of Defendant Lance Fulton.(Seck, Christine)
April 16, 2020 Filing 31 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 Corporate Disclosure of Russell by Attorney Christine E. Seck on behalf of Defendant Ryan Russell.(Seck, Christine)
April 16, 2020 Filing 30 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 Corporate Disclosure of Top Gun Ag, LLC by Attorney Christine E. Seck on behalf of Defendant Top Gun Ag LLC.(Seck, Christine)
April 14, 2020 Filing 29 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Karson S. Kampfe on behalf of Plaintiff Foreland Ag, LLC.(Kampfe, Karson)
April 14, 2020 Filing 28 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Foreland Ag LLC for Foreland Real Estate III, LLC. by Attorney Karson S. Kampfe on behalf of Plaintiffs Foreland Real Estate III, LLC, Foreland Ag LLC.(Kampfe, Karson)
April 14, 2020 Filing 27 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Foreland Ag LLC for Foreland Real Estate II, LLC. by Attorney Karson S. Kampfe on behalf of Plaintiffs Foreland Real Estate II, LLC, Foreland Ag LLC.(Kampfe, Karson)
April 14, 2020 Filing 26 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Foreland Ag LLC for Foreland Real Estate, LLC. by Attorney Karson S. Kampfe on behalf of Plaintiffs Foreland Real Estate, LLC, Foreland Ag LLC.(Kampfe, Karson)
April 14, 2020 Filing 25 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Foreland Ag LLC for Ag Navigator, LLC. by Attorney Karson S. Kampfe on behalf of Plaintiffs Ag Navigator, LLC, Foreland Ag LLC.(Kampfe, Karson)
April 7, 2020 Filing 24 TEXT ORDER regarding Pro Hac Vice admission fee in the amount of $100.00, receipt number ANEDC-4141024 and Pro Hac Vice admission fee in the amount of $100.00, receipt number ANEDC-4141039 are refunded to the payor, Tim Thompson. Ordered by Deputy Clerk. (JLS)
April 7, 2020 Filing 23 TEXT ORDER granting Motion for Admission Pro Hac Vice, #22 for attorney William R. Griffin. Ordered by Deputy Clerk. (JLS)
April 7, 2020 Filing 22 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4142241 by Attorney William R. Griffin on behalf of Defendants Timothy C. Barker, Lance Fulton, Ryan Russell, Top Gun Ag LLC. (Attachments: #1 Affidavit Declaration)(Griffin, William)
April 6, 2020 Filing 21 TEXT ORDER granting Motion for Admission Pro Hac Vice, #12 for attorney Samantha M.H. Woods. Ordered by Deputy Clerk. (JLS)
April 3, 2020 Filing 20 BRIEF in support of MOTION to Dismiss Defendant Barker for Lack of Personal Jurisdiction #19 Memorandum and Exhibits by Attorney Christine E. Seck on behalf of Defendant Timothy C. Barker. (Attachments: #1 Exhibit Affidavit of Barker, #2 Exhibit Articles of Organization, #3 Exhibit Business Entity Amendment to Cancel, #4 Exhibit Articles of Organization I, #5 Exhibit Articles of Organization II, #6 Exhibit Articles of Organization III, #7 Exhibit Employment Agreement, #8 Exhibit Mutual Release & Settlement Agreement, #9 Exhibit Second Amended Operating Agreement)(Seck, Christine)
April 3, 2020 Filing 19 MOTION to Dismiss Defendant Barker for Lack of Personal Jurisdiction by Attorney Christine E. Seck on behalf of Defendant Timothy C. Barker.(Seck, Christine)
April 3, 2020 Filing 18 BRIEF in support of MOTION to Dismiss Defendant Fulton for Lack of Personal Jurisdiction #17 Memorandum and Exhibits by Attorney Christine E. Seck on behalf of Defendant Lance Fulton. (Attachments: #1 Exhibit Affidavit of Fulton, #2 Exhibit Articles of Organization, #3 Exhibit Business Entity Amendment to Cancel, #4 Exhibit Articles of Organization I, #5 Exhibit Articles of Organization II, #6 Exhibit Articles of Organization III, #7 Exhibit Employment Agreement, #8 Exhibit Second Amended Operating Agreement)(Seck, Christine)
April 3, 2020 Filing 17 MOTION to Dismiss Defendant Fulton for Lack of Personal Jurisdiction by Attorney Christine E. Seck on behalf of Defendant Lance Fulton.(Seck, Christine)
April 3, 2020 Filing 16 BRIEF in support of MOTION to Dismiss Defendant Russell for Lack of Personal Jurisdiction #15 Memorandum and Exhibit by Attorney Christine E. Seck on behalf of Defendant Ryan Russell. (Attachments: #1 Exhibit Affidavit of Russell)(Seck, Christine)
April 3, 2020 Filing 15 MOTION to Dismiss Defendant Russell for Lack of Personal Jurisdiction by Attorney Christine E. Seck on behalf of Defendant Ryan Russell.(Seck, Christine)
April 3, 2020 Filing 14 BRIEF in support of MOTION to Dismiss Top Gun Ag, LLC for Lack of Personal Jurisdiction #13 Top Gun Memorandum and Exhibits by Attorney Christine E. Seck on behalf of Defendant Top Gun Ag LLC. (Attachments: #1 Exhibit Business Entity Search, #2 Exhibit Affidavit of Russell, #3 Exhibit Affidavit of Fulton, #4 Exhibit Affidavit of Barker, #5 Exhibit Dissolution of Foreland Ag, #6 Exhibit Production Agreement)(Seck, Christine)
April 3, 2020 Filing 13 MOTION to Dismiss Top Gun Ag, LLC for Lack of Personal Jurisdiction by Attorney Christine E. Seck on behalf of Defendant Top Gun Ag LLC.(Seck, Christine)
April 3, 2020 Filing 12 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4141271 by Attorney Samantha M H Woods on behalf of Defendants Timothy C. Barker, Lance Fulton, Ryan Russell, Top Gun Ag LLC. (Attachments: #1 Affidavit Declaration)(Woods, Samantha)
April 3, 2020 Filing 11 MOTION for Admission Pro Hac Vice (Samantha Woods) Filing fee $ 100, receipt number ANEDC-4141039 by Attorney Tim W. Thompson on behalf of Defendants Timothy C. Barker, Lance Fulton, Ryan Russell, Top Gun Ag LLC. (Attachments: #1 Exhibit Declaration in Support of Motion for Admission Pro Hac Vice)(Thompson, Tim)
April 3, 2020 Filing 10 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4141024 by Attorney Tim W. Thompson on behalf of Defendants Timothy C. Barker, Lance Fulton, Ryan Russell, Top Gun Ag LLC. (Attachments: #1 Exhibit Declaration in Support of Motion for Admission Pro Hac Vice)(Thompson, Tim)
March 30, 2020 Filing 9 ATTORNEY LETTER by Clerk that Attorney Karson S. Kampfe has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM)
March 30, 2020 Filing 8 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Top Gun Ag LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM)
March 30, 2020 Filing 7 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Foreland Real Estate, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM)
March 30, 2020 Filing 6 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Foreland Real Estate III, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM)
March 30, 2020 Filing 5 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Foreland Real Estate II, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM)
March 30, 2020 Filing 4 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Foreland Ag, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM)
March 30, 2020 Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Ag Navigator, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM)
March 30, 2020 Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Judge Robert F. Rossiter, Jr. and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM)
March 27, 2020 Filing 1 NOTICE OF REMOVAL with jury demand against All Plaintiffs from District Court of Phelps County, Nebraska, Case number 19-116 ( Filing fee $ 400, receipt number ANEDC-4137947) with attached state court pleadings, by Attorney Tim W. Thompson on behalf of Top Gun Ag LLC(Thompson, Tim)

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Search for this case: Ag Navigator, LLC et al v. Top Gun Ag LLC et al
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Defendant: Timothy C. Barker
Represented By: Tim W. Thompson
Represented By: Cindy R. Volkmer
Represented By: Samantha M H Woods
Represented By: William R. Griffin
Represented By: Christine E. Seck
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Defendant: Ryan Russell
Represented By: Tim W. Thompson
Represented By: Cindy R. Volkmer
Represented By: Samantha M H Woods
Represented By: William R. Griffin
Represented By: Christine E. Seck
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Defendant: Lance Fulton
Represented By: Tim W. Thompson
Represented By: Cindy R. Volkmer
Represented By: Samantha M H Woods
Represented By: William R. Griffin
Represented By: Christine E. Seck
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Defendant: John Doe 1-10
Represented By: Tim W. Thompson
Represented By: Cindy R. Volkmer
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Defendant: Jane Doe 1-10
Represented By: Tim W. Thompson
Represented By: Cindy R. Volkmer
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Defendant: Top Gun Ag LLC
Represented By: Tim W. Thompson
Represented By: Cindy R. Volkmer
Represented By: Samantha M H Woods
Represented By: William R. Griffin
Represented By: Christine E. Seck
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Plaintiff: Ag Navigator, LLC
Represented By: Brian J. Brislen
Represented By: Karson S. Kampfe
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Plaintiff: Foreland Ag, LLC
Represented By: Brian J. Brislen
Represented By: Karson S. Kampfe
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Plaintiff: Foreland Real Estate, LLC
Represented By: Brian J. Brislen
Represented By: Karson S. Kampfe
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Plaintiff: Foreland Real Estate III, LLC
Represented By: Brian J. Brislen
Represented By: Karson S. Kampfe
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Plaintiff: Foreland Real Estate II, LLC
Represented By: Brian J. Brislen
Represented By: Karson S. Kampfe
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