Cargill, Incorporated v. WDS, Inc. et al
| Cargill, Incorporated |
| WDS, Inc., Jennifer Maier and Brian Ewert |
| 3:2016cv00848 |
| December 16, 2016 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| XX, Outside State |
| David S. Cayer |
| Frank D. Whitney |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
486
ORDER that Plaintiff's 471 Motion to Compel is DENIED as moot in part and DENIED to the extent it seeks costs and attorneys' fees. It is further Ordered that Plaintiff's 438 Motion for Order to Show Cause, the related 461 Memorandum and Recommendation, 456 Motion for an Order in Aid of Bankruptcy Proceedings filed by Diverse Label Printing, LLC, Plaintiff's 463 Motion for Deadline to Response to Ewert Filing and Emergency Motion for Temporary Restraining Order as to RFS, Inc. and Refrigerated Trucking & Logistics, LLC are DENIED AS MOOT without prejudice to be refiled, if appropriate, with updated information.. Signed by Chief Judge Frank D. Whitney on 3/4/2019. (brl)
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Filing
485
ORDER granting 484 Motion to Release ABTV as Manager of Refrigerated Trucking and Logistics, LLC. Signed by Magistrate Judge David S. Cayer on 2/4/19. (tob)
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Filing
477
ORDER that for the reasons stated in counsels filing (Doc. No. 472), as well as the applicable law and supporting materials included in counsels response (Docs. Nos. 472-1, 472-2, 472-3), the Court concludes there is no basis for recusal in this matter under 28 U.S.C. § 455(b)(5)(iii). re 459 Order Setting Response Deadline. Signed by Chief Judge Frank D. Whitney on 09/11/2018. (brl)
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Filing
452
ORDER granting 451 Motion for the Appointment of a Manager. Signed by Magistrate Judge David S. Cayer on 7/30/18. (tob)
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Filing
450
ORDER Denying 445 Motion to Withdraw or Dismiss this Court's Order to Show Cause. The Court STAYS consideration of this Courts June 22, 2018 Order to Show Cause for ninety (90) days. Signed by Chief Judge Frank D. Whitney on 7/27/2018. (jaw)
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Filing
435
ORDER SETTING BOND AND OTHER RELIEF. Signed by Magistrate Judge David S. Cayer on 6/26/18. (tob)
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Filing
428
ORDER deferring ruling until the writ of execution against Ewert has been returned partially or wholly unsatisfied re 381 MOTION Issuance of an Arrest Warrant and Injunctive Relief . Signed by Chief Judge Frank D. Whitney on 6/19/18. (clc)
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Filing
425
ORDER staying 424 Arrest Warrant; hereby ORDERING that Mr. Ewert shall appear at an Evidentiary Hearing set for 6/21/2018 01:00 PM in Magistrate Courtroom 1-3, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer to respond to questions about his assets.(tob)
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Filing
423
ORDER granting 381 Motion Issuance of an Arrest Warrant. Signed by Magistrate Judge David S. Cayer on 06/11/2018. (brl)
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Filing
422
ORDER denying re 402 Miscellaneous Filing. THEREFORE, the Court DENIES Plaintiffs Objections to 398 Order Granting 396 Motion to Withdraw as Counsel for Defendant Brian Ewert by Tuggle Duggins P.A. (Doc. No. 402).. Signed by Chief Judge Frank D. Whitney on 6/7/18. (clc)
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Filing
419
ORDER granting 418 Motion for Leave to Appear Pro Hac Vice added Kyle J. Essley for Cargill Meat Solutions Corporation and for Cargill, Incorporated. Signed by Magistrate Judge David S. Cayer on 6/1/18. (tob)
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Filing
412
ORDER granting 411 Motion to Register Judgment in Other Districts. Signed by Magistrate Judge David S. Cayer on 5/15/18. (tob)
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Filing
403
ORDER Setting Response Deadline re: 402 Response in Opposition. Denis E. Jacobson, Jeffrey S. Southerland, Richard Wyatt Andrews, II, Alan B. Felts, Defendant Brian Ewert, and any interested party shall have through and including May 21, 2018 to file a response to Plaintiffs Objection. ( Responses due by 5/21/2018 plus an additional 3 days if served by mail). Signed by Chief Judge Frank D. Whitney on 5/8/2018. (jaw)
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Filing
395
ORDER granting in part and denying in part 375 Motion for an order charging the limited liability company and partnership interests held by Judgment Creditor Brian Ewert with payment of the Judgment in this action, plus post-judgment interest. Signed by Chief Judge Frank D. Whitney on 4/30/18. (clc)
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Filing
379
AMENDED STIPULATED PROTECTIVE ORDER. Signed by Chief Judge Frank D. Whitney on 4/24/18. (clc)
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Filing
378
ORDER granting in part and denying in part 367 Motion to Compel. Signed by Chief Judge Frank D. Whitney on 4/24/18. (clc)
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Filing
372
ORDER re 367 MOTION to Compel Post-Judgment Discovery Against WDS. The Court hereby ORDERS counsel for Plaintiffs and WDS, Inc. to meet and confer and tender a proposed order to the Court through Cyberclerk no later than April 20, 2018. Signed by Chief Judge Frank D. Whitney on 4/11/18. (clc)
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Filing
368
ORDER and Notice of Hearing re: 353 MOTION for Protective Order. 367 MOTION to Compel. Motion Hearing set for 4/11/2018 at 9:00 AM in Courtroom 1-1, 401 W Trade St. Charlotte, NC 28202 before Chief Judge Frank D. Whitney. WDS Inc. shall have through and including April 10, 2018 to file a response to Plaintiffs Motion to Compel. Signed by Chief Judge Frank D. Whitney on 4/6/2018. (jaw)
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Filing
366
ORDER granting 320 Motion ; denying 322 Motion for Judgment as a Matter of Law; denying 323 Motion for Judgment as a Matter of Law; denying 323 Motion for New Trial; denying 323 Motion to Alter Judgment; granting in part and denying in part 325 Motion for Attorney Fees; denying as moot 187 Motion for Sanctions; denying as moot 187 Motion for Order to Show Cause. Signed by Chief Judge Frank D. Whitney on 3/28/18. (clc)
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Filing
364
ORDER to Defendant Brian Ewert to File a Response re 355 Response in Opposition to Notice to Claim Exempt Property. Responses due on or before April 9, 2018. Signed by Magistrate Judge David S. Cayer on 03/26/2018. (brl)
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Filing
361
ORDER granting 359 Motion for Leave to Appear Pro Hac Vice added Jane Maschka for Cargill Meat Solutions Corporation and for Cargill, Incorporated. Signed by Magistrate Judge David S. Cayer on 3/19/18. (tob)
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Filing
348
ORDER denying re 346 Notice (Other),. Signed by Chief Judge Frank D. Whitney on 2/26/18. (clc)
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Filing
333
ORDER striking without prejudice 328 Bill of Costs. Signed by Chief Judge Frank D. Whitney on 2/7/18. (clc)
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Filing
324
ORDER denying as moot 106 First Motion for Sanctions without prejudice to Plaintiffs' Second Motion for Sanctions or to any sanctions not mooted and sought in Plaintiffs' First Motion for Sanctions; rejecting as moot 123 Memorandum and Recommendations. Signed by Chief Judge Frank D. Whitney on 2/6/2018. (tmg)
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Filing
317
ORDER granting in part and denying in part 200 Motion in Limine; granting in part and denying in part 204 Motion in Limine; granting in part and denying in part 207 Motion in Limine; granting in part and denying in pa rt 210 Motion in Limine; granting in part and denying in part 213 Motion in Limine; granting in part and denying in part 214 Motion in Limine; granting in part and denying in part 220 Motion in Limine; granting in part and denying in part 224 Motion in Limine. Signed by Chief Judge Frank D. Whitney on 1/30/18. (clc)
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Filing
316
AMENDED JUDGMENT & ORDER in favor of Cargill Meat Solutions Corporation, Cargill, Incorporated against WDS, Inc., Brian Ewert, Jennifer Maier. IT IS THEREFORE ORDERED that the Clerks Judgment as entered (Doc. No. 315) shall b e amended to reflect that Defendants Jennifer Maier and Brian Ewert are liable to Plaintiffs pursuant to 18 U.S.C. § 1962(d) in the amount of $105,531,807.00, which is threefold the amount of damages awarded by the jury. Additionally, as o rdered by the Court following the return of the jurys verdict, Plaintiffs shall file within fourteen (14) calendar days from the day of this order a memorandum of law indicating whether the conduct found by the jury constitutes an unfair or deceptive trade practice under N.C. Gen. Stat. § 75-1.1. Plaintiffs shall also include any motion for attorneys fees pursuant to N.C. Gen. Stat. § 75-16.1 within their pleadings. Defendants shall respond to these pleadings within fourteen (14) calendar days from the filing of Plaintiffs pleadings on this issue. Plaintiffs need not file any reply brief. Signed by Chief Judge Frank D. Whitney on 1/23/18. (clc)
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Filing
301
ORDER denying 293 Motion for Leave to File; denying 194 Motion for Partial Summary Judgment; denying 197 Motion for Summary Judgment ; denying 227 Motion for Summary Judgment. Signed by Chief Judge Frank D. Whitney on 1/5/18. (clc)
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Filing
174
ORDER denying 162 Motion to Stay. Signed by Chief Judge Frank D. Whitney on 12/13/17. (clc)
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Filing
171
ORDER denying 168 Motion for Relief from ADR Requirement. Signed by Magistrate Judge David S. Cayer on 12/7/17. (mga)
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Filing
133
ORDER denying 62 Motion to Dismiss ; denying 62 Motion for More Definite Statement; denying 64 Motion to Dismiss for Failure to State a Claim; denying 64 Motion for More Definite Statement; denying 86 Motion to Strike ; denying 91 Motion to Strike ; denying 128 Motion for Determination of Applicable Law. Signed by Chief Judge Frank D. Whitney on 11/7/17. (clc)
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Filing
110
ORDER denying 69 Motion to Compel; denying 71 Motion to Expedite; denying 82 Motion for Protective Order; denying 99 Motion to Compel; denying 107 Motion to Expedite. Signed by Magistrate Judge David S. Cayer on 9/14/17. (tob)
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Filing
18
STIPULATED PROTECTIVE ORDER granting 17 Motion. Signed by Magistrate Judge David S. Cayer on 1/26/17. (tob)
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Filing
16
ORDER granting 13 Motion for Leave to Appear Pro Hac Vice added Christine R. M. Kain for Cargill, Incorporated; granting 14 Motion for Leave to Appear Pro Hac Vice added Jacob D. Bylund for Cargill, Incorporated; granting 15 Motion for Leave to Appear Pro Hac Vice added Ternavska for Cargill, Incorporated. Signed by Magistrate Judge David S. Cayer on 1/4/17. (tob)
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