Border Plains Equipment LLC et al v. CNH Industrial America LLC
| West Plains, Inc. and Border Plains Equipment LLC |
| CNH Industrial America LLC |
| 1:2021cv00069 |
| March 30, 2021 |
| US District Court for the District of North Dakota |
| Clare R Hochhalter |
| Daniel M Traynor |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss for Failure to State a Claim filed by CNH Industrial America LLC. (Attachments: #1 Exhibit 1 (Senate Bill 2289), #2 Exhibit 2 (Eighth Circuit Brief of Appellants))(Lockerby, Michael) |
| Filing 23 MOTION to Dismiss for Failure to State a Claim by CNH Industrial America LLC. (Lockerby, Michael) |
| Filing 22 NOTICE of Appearance by Whitney Mary-Carolyn Swart on behalf of CNH Industrial America LLC (Swart, Whitney) |
| Filing 21 REPLY to Response to Motion re 12 MOTION to Modify, #7 MOTION to Dissolve or Modify the Stay of Termination of Border Plains' New Holland Dealer Agreements filed by CNH Industrial America LLC. (Attachments: #1 Exhibit A - Fed. R. Evid. 1006 Summary of Automatic Stay Provisions Cited in Border Plains' Opp, #2 Exhibit B - Order Granting Motion to Amend Compl. (1st Int'l Bank v. Oasis), #3 Exhibit C - Order Granting Motion to Amend Comp (Ralston v. PFG Transco))(Purdon, Timothy) |
Filing 20
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #19 Motion to Appear Pro Hac Vice for Attorney W. Kirby Bissell. (jb)
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| Filing 19 MOTION to Appear Pro Hac Vice Attorney W. Kirby Bissell (Filing fee $150, receipt number ANDDC-2177233) by Border Plains Equipment LLC, West Plains, Inc.. (Bissell, W.) Modified on 5/10/2021 to add receipt number. (jb) |
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Filing 18
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #17 Motion to Appear Pro Hac Vice for Attorney Jason T. Allen. (mf)
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| Filing 17 MOTION to Appear Pro Hac Vice Attorney Jason T. Allen (Filing fee $150, receipt number ANDDC-2175457) by Border Plains Equipment LLC, West Plains, Inc.. (Allen, Jason) Modified on 5/7/2021 to add receipt number (mf). |
| Filing 16 AMENDED COMPLAINT First against CNH Industrial America LLC filed by West Plains, Inc., Border Plains Equipment LLC. (Attachments: #1 Exhibit A Stanley Dealer Agreement, #2 Exhibit B Williston Dealer Agreement, #3 Exhibit C Dickinson Dealer Agreement, #4 Exhibit D CNH 07-31-20 Correspondence to Border Plains, #5 Exhibit E CNH 07-31-20 Correspondence to Dickinson, #6 Exhibit F CNH 11-17-20 Correspondence to Border Plains, #7 Exhibit G CNH 11-17-20 Correspondence to West Plains, #8 Exhibit H CNH 02-08-21 Termination Stanley Dealer Agreement, #9 Exhibit I CNH 02-08-21 Termination Williston Dealer Agreement, #10 Exhibit J CNH 02-08-21 Termination Dickinson Dealer Agreement)(Grant, Nicholas) |
| Filing 15 RESPONSE to Motion re #7 MOTION to Dissolve or Modify the Stay of Termination of Border Plains' New Holland Dealer Agreements filed by Border Plains Equipment LLC, West Plains, Inc.. (Grant, Nicholas) |
| Filing 14 Corporate Disclosure Statement by CNH Industrial America LLC identifying CNH Industrial N.V., Case New Holland Industrial Inc., Case New Holland Industrial Holdings Inc., Borsa Italiana S.p.A. as Other Affiliates (Purdon, Timothy) Modified on 5/3/2021 to correct corporate information. Regenerated NEF. (jb) |
| Filing 13 NOTICE of Appearance by Shea Ashley Thomas on behalf of Border Plains Equipment LLC, West Plains, Inc. (Thomas, Shea) |
| Filing 11 NOTICE of Appearance by Michael J. Lockerby on behalf CNH Industrial America LLC (Lockerby, Michael) Modified on 4/26/2021 to identify defendant. Regenerated NEF (cjs). |
| DOCKET CORRECTION re: #7 Motion to Dissolve. Multiple relief document filed as one relief. Clerk's Office filed Motion to Modify at 12 . (jb) |
| Filing 12 MOTION to Modify by CNH Industrial America LLC. See document #7 . (jb) |
| Filing 10 MEMORANDUM in Support re #7 MOTION to Dissolve or Modify the Stay of Termination of Border Plains' New Holland Dealer Agreements filed by CNH Industrial America LLC. (Purdon, Timothy) |
| Filing 9 AFFIDAVIT Declaration of Matt Lawson re #8 MEMORANDUM in Support by CNH Industrial America LLC. (Purdon, Timothy) |
| Filing 8 *RESTRICTED - WRONG DOCUMENT ATTACHED* MEMORANDUM in Support re #7 MOTION to Dissolve or Modify the Stay of Termination of Border Plains' New Holland Dealer Agreements filed by CNH Industrial America LLC. (Purdon, Timothy) Modified on 4/22/2021 to restrict access. (jb) |
| Filing 7 MOTION to Dissolve or Modify the Stay of Termination of Border Plains' New Holland Dealer Agreements by CNH Industrial America LLC. (Purdon, Timothy) |
| DOCKET CORRECTION re: #8 Memorandum. Wrong document filed. Clerk's office restricted access to document per filer request. (jb) |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss for Failure to State a Claim filed by CNH Industrial America LLC. (Attachments: #1 Exhibit 1 - SB 2289, #2 Exhibit 2 - Nov. 17 2020 Stanley Default Notice)(Purdon, Timothy) |
| Filing 5 MOTION to Dismiss for Failure to State a Claim by CNH Industrial America LLC. (Purdon, Timothy) |
| Filing 4 NOTICE of Appearance by Timothy Q. Purdon on behalf of CNH Industrial America LLC (Purdon, Timothy) |
| Filing 3 ACKNOWLEDGMENT OF SERVICE Executed as to #2 Summons Issued, #1 Complaint,, and Exhibits A-J along with Civil Cover Sheet filed by West Plains, Inc., Border Plains Equipment LLC. CNH Industrial America LLC served on 3/31/2021, answer due 4/21/2021. (Grant, Nicholas) |
| Filing 2 Summons Issued as to CNH Industrial America LLC. (cjs) |
| Filing 1 COMPLAINT against CNH Industrial America LLC (Filing fee $402, receipt number 121000500) filed by West Plains, Inc., Border Plains Equipment LLC. (Attachments: #1 Exhibit A-Stanley Dealer Agreement, #2 Exhibit B-Williston Dealer Agreement, #3 Exhibit C-Dickinson Dealer Agreement, #4 Exhibit D-7/31/20 correspondence to Border Plains, #5 Exhibit E-7/31/20 correspondence to Dickinson, #6 Exhibit F-11/17/20 correspondence, #7 Exhibit G-11/17/20 correspondence, #8 Exhibit H-2/8/21 Terminate Stanley Dealer Agreement, #9 Exhibit I-2/8/21 Terminate Williston Dealer Agreement, #10 Exhibit J-2/8/21 Terminate Dickinson Dealer Agreement, #11 Civil Cover Sheet)(cjs) |
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