Bonanza Beverage Co. v. MillerCoors LLC
| Bonanza Beverage Co. |
| MillerCoors LLC |
| 2:2018cv01445 |
| August 3, 2018 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Jennifer A Dorsey |
| George Foley |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 50 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MR) |
Filing 49
ORDER Granting #48 Stipulation re Discovery Plan and Scheduling Order. Discovery due by 2/12/2019. Motions due by 3/14/2019. Proposed Joint Pretrial Order due by 4/15/2019. Signed by Magistrate Judge George Foley, Jr on 9/25/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 48 STIPULATION re Discovery Plan and Scheduling Order - Special Scheduling Review Requested by Plaintiff Bonanza Beverage Co.. (Reid, E.) |
| Filing 47 MOTION for Summary Judgment on Plaintiff's First Claim for Relief by Plaintiff Bonanza Beverage Co.. Responses due by 10/12/2018. (Attachments: #1 Exhibit) (Reid, E.) |
| Filing 46 SUPPLEMENTAL BRIEF by Plaintiff Bonanza Beverage Co.. Pursuant to September 7, 2018, Court Order (Reid, E.) |
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Filing 45
ORDER. IT IS HEREBY ORDERED that #44 the Stipulated Protective Order is denied, without prejudice. Signed by Magistrate Judge George Foley, Jr on 9/21/2018.(Copies have been distributed pursuant to the NEF - ADR)
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| Filing 44 STIPULATION for Protective Order; filed by Defendant MillerCoors LLC. (Glover, Chet) |
| Filing 43 TRANSCRIPT of Proceedings, 42 Motion Hearing, held on 9/7/2018, before Judge Jennifer A. Dorsey. Court Reporter: Felicia Zabin, FZ@nvd.uscourts.gov. Any Redaction Request is due by 9/29/2018. Redacted Transcript Deadline is set for 10/9/2018. Release of the Transcript Restriction is set for 12/7/2018. Before release date, the transcript may be viewed at the court public terminal or purchased from the Court Reporter. Transcript Order form is available on court website. After that date, the transcript may be obtained from the Court Reporter or PACER. (FRZ) (Main Document 43 replaced on 9/12/2018) (FRZ). |
| Filing 42 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/7/2018 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Leif Reid, Darren Lemieux, Nicole Scott; Def Counsel: Brian Howie, Krystal Fleischmann, Lisa Jordan, Chet Glover, Michael Wixom; Court Reporter: Felicia Zabin; Time of Hearing: 9:54 a.m. - 12:04 p.m.; Courtroom: 6D; The Court makes preliminary remarks. Mr. Leif advises the Court that all exhibits and attachments that have been filed to the pleadings regarding the motion for preliminary injunction #6 have been stipulated to by the parties for this hearing. Mr. Leif presents opening statements. Bill Gialketsis, is sworn, and testifies on direct examination on behalf of plaintiff by Mr. Leif. Cross examination is conducted by Mr. Howie. Exhibits ECF Nos. #6 -6 and #6 -4 are presented to the witness. Exhibit A is marked and admitted. Redirect conducted by Mr. Leif. Recross conducted by Mr. Howie. Witness is excused. Closing arguments are presented by Mr. Howie and Mr. Leif. The Court places her findings on the record. IT IS ORDERED that the motion to seal #16 is GRANTED. ECF No. 40 will remain UNDER SEAL. The Court will take the motion for preliminary injunction #6 under advisement and orders supplemental briefing as stated on the record. Each supplemental brief must be no more than 15 pages. Bonanza's supplement brief is due by 9/21/2018. Millercoors's reply brief is due by 10/5/2018. Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 41 REPLY to Response to #13 Motion to Dismiss by Defendant MillerCoors LLC. (Glover, Chet) |
| Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/31/2018. Re #21 motion to exceed page limits by Bonanza Beverage Co.; #31 motion for clarification regarding 11 minute order by MillerCoors LLC; #16 motion for leave to file documents under seal. With #21 , Bonanza seeks leave to exceed LR 7-3's 12-page limit for replies by 8 pages, arguing that further space is needed to address arguments that MillerCoors raised in its response and developments that arose after Bonanza filed its injunctive-relief motion. Bonanza has since filed #30 its reply, which clocks in at 20 pages of points and authorities. Good cause appearing, IT IS HEREBY ORDERED that Bonanza's #21 motion to exceed page limits is GRANTED nunc pro tunc. With #31 , MillerCoors seeks to clarify whether the court intended with 11 the minute order to schedule only oral argument on #6 the injunctive-relief motion or also to permit the parties to present evidence at the hearing. The court's intention was to permit each party to use its up-to-60-minute allotment with either (1) only argument or (2) argument plus evidence. The court declines MillerCoors's request to enter an order setting forth the parties' disclosure obligations and scheduling deadlines for the disclosure of anticipated evidence. Accordingly, MillerCoors's #31 motion for clarification is GRANTED in part. With #16 , MillerCoors seeks leave to file two exhibits (Exhibits 2 and 4 to Jeffrey Agase's declaration) under seal. MillerCoors contends that compelling reasons exist to seal these documents because each is a letter of intent in which third parties offered to purchase Bonanza's business and, thus, contain confidential financial information and constitute ongoing negotiations. But MillerCoors did not file the documents that are the subject of its motion for the court to review. LR IA 10-5(a) states that, "[u]nless permitted by statute, rule, or prior court order, papers filed with the court under seal must be accompanied by a motion for leave to file.... All papers filed under seal will remain sealed until the court either denies the motion to seal or enters an order unsealing them." Accordingly, IT IS HEREBY ORDERED that MillerCoors must file-under seal-the two documents that are the subject of #16 its motion to seal by close of business on September 4, 2018.(no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 38 Joint STATUS REPORT PURSUANT TO THE COURT'S MINUTE ORDER [ECF NO. 4] by Plaintiff Bonanza Beverage Co.. (Lemieux, Darren) |
| Filing 37 NOTICE of Appearance by attorney Nicole Scott on behalf of Plaintiff Bonanza Beverage Co.. (Scott, Nicole) |
| Filing 36 RESPONSE to #13 Motion to Dismiss by Plaintiff Bonanza Beverage Co.. Replies due by 9/6/2018. (Attachments: #1 Exhibit 1) (Reid, E.) |
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Filing 35
ORDER Granting #20 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Brian A. Howie for MillerCoors LLC and approving Designation of Local Counsel Chet A. Glover and Michael B. Wixom. Signed by Judge Jennifer A. Dorsey on 8/30/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
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Filing 34
ORDER Granting #19 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Krystal Aspey Fleischmann for MillerCoors LLC and approving Designation of Local Counsel Chet A. Glover and Michael B. Wixom. Signed by Judge Jennifer A. Dorsey on 8/30/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
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Filing 33
ORDER Granting #18 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael S. Catlett for MillerCoors LLC and approving Designation of Local Counsel Chet A. Glover and Michael B. Wixom. Signed by Judge Jennifer A. Dorsey on 8/30/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
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| Filing 32 RESPONSE to #31 Motion, by Plaintiff Bonanza Beverage Co.. Replies due by 9/6/2018. (Attachments: #1 Exhibit 1) (Reid, E.) |
| Filing 31 MOTION for Clarification re 11 Order, by Defendant MillerCoors LLC. Responses due by 9/12/2018. (Attachments: #1 Exhibit 1- Declaration of Chet A. Glover, Esq., #2 Exhibit 1-A -Emial Chain Between Counsel) (Glover, Chet) |
| Filing 30 REPLY to Response to #6 MOTION for Preliminary Injunction, by Plaintiff Bonanza Beverage Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Reid, E.) Modified on 8/29/2018 (TR). |
| Filing 29 NOTICE of Corrected Image/Document re #18 Motion for Permission to Practice Pro Hac Vice - Verified Petition, by Defendant MillerCoors LLC. (Service of corrected image is attached.) (Glover, Chet) |
| Filing 28 NOTICE of Corrected Image/Document re #19 Motion for Permission to Practice Pro Hac Vice - Verified Petition, by Defendant MillerCoors LLC. (Service of corrected image is attached.) (Glover, Chet) |
| Filing 27 NOTICE of Corrected Image/Document re #20 Motion for Permission to Practice Pro Hac Vice - Verified Petition, by Defendant MillerCoors LLC. (Service of corrected image is attached.) (Glover, Chet) |
| Filing 26 NOTICE of Corrected Image/Document re #20 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Defendant MillerCoors LLC. (Service of corrected image is attached.) (Glover, Chet) |
| Filing 25 NOTICE of Corrected Image/Document re #19 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Defendant MillerCoors LLC. (Service of corrected image is attached.) (Glover, Chet) |
| Filing 24 NOTICE of Corrected Image/Document re #18 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Defendant MillerCoors LLC. (Service of corrected image is attached.) (Glover, Chet) |
| Filing 23 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/28/2018. Re: #18 , #19 , and #20 Motions for Permission to Practice Pro Hac Vice - Verified Petition do not comply with LR 1A 11-2(a). Counsel is advised to have Petitions properly executed by the client on page 5 of the Petition. Once Petitions are properly executed, counsel is advised to refile petitions with the court under event "Notice of Corrected Image" linking to #18 , #19 , and #20 by September 11, 2018. Failure to comply will result in denial of the Petitions.(no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 22 NOTICE of Corrected Image/Document re #21 Motion for Leave to File Excess Pages by Plaintiff Bonanza Beverage Co.. (Service of corrected image is attached.) (Attachments: #1 Exhibit 1 - Declaration of Leif Reid) (Reid, E.) |
| Filing 21 View corrected image #22 to MOTION for Leave to File Excess Pages by Plaintiff Bonanza Beverage Co.. (Attachments: #1 Declaration of Leif Reid) (Reid, E.) Modified on 8/27/2018 (TR). |
| Filing 20 View corrected image #27 to MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Brian A. Howie and DESIGNATION of Local Counsel Chet A. Glover (Filing fee $ 250 receipt number 0978-5212956) by Defendant MillerCoors LLC. (Glover, Chet) Modified on 8/28/2018 (TR). |
| Filing 19 View corrected image #28 to MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Krystal Aspey Fleischmann and DESIGNATION of Local Counsel Chet A. Glover (Filing fee $ 250 receipt number 0978-5212951) by Defendant MillerCoors LLC. (Glover, Chet) Modified on 8/28/2018 (TR). |
| Filing 18 View corrected image #29 to MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael S. Catlett and DESIGNATION of Local Counsel Chet A. Glover (Filing fee $ 250 receipt number 0978-5212934) by Defendant MillerCoors LLC. (Glover, Chet) Modified on 8/28/2018 (TR). |
| Filing 17 NON-OPPOSITION to #16 Motion to Seal by Plaintiff Bonanza Beverage Co.. (Martini, Kristen) |
| Filing 16 MOTION to Seal by Defendant MillerCoors LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Glover, Chet) |
| Filing 15 RESPONSE to #6 Motion for Preliminary Injunction, by Defendant MillerCoors LLC. Replies due by 8/28/2018. (Attachments: #1 Exhibit A, #2 Exhibit B) (Glover, Chet) |
| Filing 14 STATEMENT REGARDING REMOVAL by Defendant MillerCoors LLC. (Glover, Chet) |
| Filing 13 MOTION to Dismiss #1 Petition for Removal,, by Defendant MillerCoors LLC. Responses due by 8/30/2018. (Glover, Chet) |
| Filing 12 CERTIFICATE OF SERVICE for #4 Minute Order Removal Case, by Defendant MillerCoors LLC. (Glover, Chet) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/9/2018. Re #7 Motion for Order Shortening Time on Plaintiffs Motion for Preliminary Injunction. As the court does not find good cause for the adjustment to the briefing schedule that movant requests, IT IS HEREBY ORDERED that the motion for order shortening time #7 is DENIED; the briefing schedule for the Motion for Preliminary Injunction should proceed under LR 7-2(b). However, the court will set this matter for hearing promptly after the briefing process concludes. Accordingly, IT IS FURTHER ORDERED that the court will hear oral argument on the Motion for Preliminary Injunction #6 at 9:30 a.m. on Friday, September 7, 2018 in LV Courtroom 6D before Judge Jennifer A. Dorsey. Each side will have no more than 1 hour to present argument and evidence. Plaintiff may reserve part of its hour for rebuttal. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 10 REPLY to Response to #7 Motion to Extend/Shorten Time by Plaintiff Bonanza Beverage Co.. (Reid, E.) |
| Filing 9 RESPONSE to #7 Motion to Extend/Shorten Time by Defendant MillerCoors LLC. Replies due by 8/15/2018. (Glover, Chet) |
| Filing 8 CERTIFICATE of Interested Parties by Bonanza Beverage Co.. There are no known interested parties other than those participating in the case (Reid, E.) |
| Filing 7 MOTION to Shorten Time re #6 Motion for Preliminary Injunction, by Plaintiff Bonanza Beverage Co.. (Attachments: #1 Declaration) (Reid, E.) |
| Filing 6 MOTION for Preliminary Injunction by Plaintiff Bonanza Beverage Co.. Responses due by 8/21/2018. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Reid, E.) |
| Filing 5 FIRST NOTICE of Non-Compliance with LR IC 5-1. ERROR: #1 Petition for Removal was not properly signed/filed in accordance with LR IC 5-1(b). The signatory must be the attorney or pro se party who electronically files the document. Attorneys Chet A Golver and Michael B. Wixom are advised in the future that documents submitted using CM/ECF, must be filed by the attorney who signed the document, pursuant to LR IC 5-1(b). No further action is required regarding document #1 at this time. (no image attached) (TR) |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/3/2018. Statement regarding removed action is due by 8/18/2018. Joint Status Report regarding removed action is due by 9/2/2018. (Copies have been distributed pursuant to the NEF - MR) |
| Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Brian A. Howie, Krystal Aspey Fleischmann, and Michael S. Catlett to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 9/17/2018. (no image attached) (MR) |
| Filing 2 CERTIFICATE of Interested Parties by MillerCoors LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent Molson Coors Brewing Company for MillerCoors LLC added. (Glover, Chet) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-18-778401-B, (Filing fee $ 400 receipt number 0978-5183218) by MillerCoors LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Wixom, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case assigned to Judge Jennifer A. Dorsey and Magistrate Judge George Foley, Jr. (MR) |
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