Cargill, Incorporated v. WDS, Inc. et al

Plaintiff: Cargill, Incorporated
Defendant: WDS, Inc., Jennifer Maier and Brian Ewert
Case Number: 3:2016cv00848
Filed: December 16, 2016
Court: North Carolina Western District Court
Office: Charlotte Office
County: XX, Outside State
Referring Judge: David S. Cayer
Presiding Judge: Frank D. Whitney
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
June 26, 2018 435 Opinion or Order of the Court ORDER SETTING BOND AND OTHER RELIEF. Signed by Magistrate Judge David S. Cayer on 6/26/18. (tob)
June 19, 2018 428 Opinion or Order of the Court 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)
June 12, 2018 425 Opinion or Order of the Court 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)
June 11, 2018 423 Opinion or Order of the Court ORDER granting 381 Motion Issuance of an Arrest Warrant. Signed by Magistrate Judge David S. Cayer on 06/11/2018. (brl)
June 7, 2018 422 Opinion or Order of the Court 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)
June 1, 2018 419 Opinion or Order of the Court 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)
May 15, 2018 412 Opinion or Order of the Court ORDER granting 411 Motion to Register Judgment in Other Districts. Signed by Magistrate Judge David S. Cayer on 5/15/18. (tob)
May 8, 2018 403 Opinion or Order of the Court 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)
April 30, 2018 395 Opinion or Order of the Court 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)
April 25, 2018 379 Opinion or Order of the Court AMENDED STIPULATED PROTECTIVE ORDER. Signed by Chief Judge Frank D. Whitney on 4/24/18. (clc)
April 24, 2018 378 Opinion or Order of the Court ORDER granting in part and denying in part 367 Motion to Compel. Signed by Chief Judge Frank D. Whitney on 4/24/18. (clc)
April 11, 2018 372 Opinion or Order of the Court 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)
April 6, 2018 368 Opinion or Order of the Court 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)
March 28, 2018 366 Opinion or Order of the Court 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)
March 26, 2018 364 Opinion or Order of the Court 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)
March 19, 2018 361 Opinion or Order of the Court 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)
February 26, 2018 348 Opinion or Order of the Court ORDER denying re 346 Notice (Other),. Signed by Chief Judge Frank D. Whitney on 2/26/18. (clc)
February 8, 2018 333 Opinion or Order of the Court ORDER striking without prejudice 328 Bill of Costs. Signed by Chief Judge Frank D. Whitney on 2/7/18. (clc)
February 6, 2018 324 Opinion or Order of the Court 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)
January 30, 2018 317 Opinion or Order of the Court 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)
January 23, 2018 316 Opinion or Order of the Court 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)
January 5, 2018 301 Opinion or Order of the Court 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)
December 13, 2017 174 Opinion or Order of the Court ORDER denying 162 Motion to Stay. Signed by Chief Judge Frank D. Whitney on 12/13/17. (clc)
December 7, 2017 171 Opinion or Order of the Court ORDER denying 168 Motion for Relief from ADR Requirement. Signed by Magistrate Judge David S. Cayer on 12/7/17. (mga)
November 7, 2017 133 Opinion or Order of the Court 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)
September 15, 2017 110 Opinion or Order of the Court 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)
January 26, 2017 18 Opinion or Order of the Court STIPULATED PROTECTIVE ORDER granting 17 Motion. Signed by Magistrate Judge David S. Cayer on 1/26/17. (tob)
January 4, 2017 16 Opinion or Order of the Court 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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Plaintiff: Cargill, Incorporated
Represented By: Fitz E. Barringer
Represented By: Jacob D. Bylund
Represented By: Edward Francis Hennessey, IV
Represented By: Christine R. M. Kain
Represented By: Daryna "Dasha&q Ternavska
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Defendant: WDS, Inc.
Represented By: Richard Wyatt Andrews, II
Represented By: Denis E. Jacobson
Represented By: Jeffrey S. Southerland
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Defendant: Jennifer Maier
Represented By: Andrew Allen Freeman
Represented By: Alan M. Ruley
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Defendant: Brian Ewert
Represented By: Richard Wyatt Andrews, II
Represented By: Denis E. Jacobson
Represented By: Jeffrey S. Southerland
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