Border Plains Equipment LLC et al v. CNH Industrial America LLC
Plaintiff: West Plains, Inc. and Border Plains Equipment LLC
Defendant: CNH Industrial America LLC
Case Number: 1:2021cv00069
Filed: March 30, 2021
Court: US District Court for the District of North Dakota
Presiding Judge: Clare R Hochhalter
Referring Judge: Daniel M Traynor
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2021 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)
May 20, 2021 Filing 23 MOTION to Dismiss for Failure to State a Claim by CNH Industrial America LLC. (Lockerby, Michael)
May 14, 2021 Filing 22 NOTICE of Appearance by Whitney Mary-Carolyn Swart on behalf of CNH Industrial America LLC (Swart, Whitney)
May 13, 2021 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)
May 11, 2021 Opinion or Order 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)
May 10, 2021 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)
May 7, 2021 Opinion or Order 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)
May 7, 2021 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).
May 6, 2021 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)
May 6, 2021 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)
April 30, 2021 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)
April 27, 2021 Filing 13 NOTICE of Appearance by Shea Ashley Thomas on behalf of Border Plains Equipment LLC, West Plains, Inc. (Thomas, Shea)
April 23, 2021 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).
April 23, 2021 DOCKET CORRECTION re: #7 Motion to Dissolve. Multiple relief document filed as one relief. Clerk's Office filed Motion to Modify at 12 . (jb)
April 22, 2021 Filing 12 MOTION to Modify by CNH Industrial America LLC. See document #7 . (jb)
April 22, 2021 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)
April 22, 2021 Filing 9 AFFIDAVIT Declaration of Matt Lawson re #8 MEMORANDUM in Support by CNH Industrial America LLC. (Purdon, Timothy)
April 22, 2021 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)
April 22, 2021 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)
April 22, 2021 DOCKET CORRECTION re: #8 Memorandum. Wrong document filed. Clerk's office restricted access to document per filer request. (jb)
April 21, 2021 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)
April 21, 2021 Filing 5 MOTION to Dismiss for Failure to State a Claim by CNH Industrial America LLC. (Purdon, Timothy)
April 19, 2021 Filing 4 NOTICE of Appearance by Timothy Q. Purdon on behalf of CNH Industrial America LLC (Purdon, Timothy)
April 5, 2021 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)
March 30, 2021 Filing 2 Summons Issued as to CNH Industrial America LLC. (cjs)
March 30, 2021 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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Plaintiff: West Plains, Inc.
Represented By: Randall N. Sickler
Represented By: Nicholas C. Grant
Represented By: Shea Ashley Thomas
Represented By: Jason T. Allen
Represented By: W. Kirby Bissell
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Plaintiff: Border Plains Equipment LLC
Represented By: Randall N. Sickler
Represented By: Nicholas C. Grant
Represented By: Shea Ashley Thomas
Represented By: Jason T. Allen
Represented By: W. Kirby Bissell
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Defendant: CNH Industrial America LLC
Represented By: Timothy Q. Purdon
Represented By: Connor A. Sabatino
Represented By: Michael J. Lockerby
Represented By: Whitney Mary-Carolyn Swart
Represented By: Rebecca Zadaka
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