Premiere Ag Manufacturing LLC et al v. Biersch, INC
| Premiere Shortline USA, LLC, Matthew Boyington and Premiere Ag Manufacturing LLC |
| Biersch, INC doing business as Universal Industries, INC. |
| 3:2024cv00235 |
| November 25, 2024 |
| U.S. District Court for the District of North Dakota |
| Alice R Senechal |
| Peter D Welte |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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| Filing 42 CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re #41 Reply to Response to Motion, #40 Reply to Response to Motion on Opposing Counsel (Grossman, Lee) |
| Filing 41 REPLY to Response to Motion re #8 MOTION for Preliminary Injunction Antisuit Injunction filed by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Grossman, Lee) |
| Filing 40 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction and Request for Oral Argument filed by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Grossman, Lee) |
| Filing 39 REPLY to Response to Motion re #10 MOTION to Dismiss for Lack of Jurisdiction Stay or, in the Alternative, Motion to Transfer, 12 MOTION to StayMOTION to Transfer In Further Support of Motion filed by Biersch, INC. (Hanson, Mark) |
| Filing 38 CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re #37 Response to Motion on Opposing Counsel (Grossman, Lee) |
| Filing 37 RESPONSE to Motion re #25 MOTION for Hearing filed by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Grossman, Lee) |
| DOCKET CORRECTION re: #23 Response to Motion. Clerk's office added 'Exhibit 1' to docket entry for Attachment 1, removed duplicative 'Exhibit' text from docket entry for Attachment 2, and cleaned up docket text; #25 Motion for Hearing (oral argument). Clerk's office corrected document numbers in docket text as to linked documents; #26 Response to Motion. Clerk's office removed 'Exhibit' reference; #34 Affidavit Declaration of Corey A. Staas. Clerk's office added more complete descriptions of Exhibits 1 and 2; #35 Affidavit Declaration of Zachary Brashears. Clerk's office replaced Exhibits 3 and 4 to display legible headers; #36 Affidavit Declaration of Dean Bierschenk. Clerk's office replaced Exhibit 7 to display legible headers and added more complete descriptions to Exhibits 1, 2, and 5. (jb) |
| Filing 36 AFFIDAVIT Declaration of Dean Bierschenk re #28 Response to Motion by Biersch, INC. (Attachments: #1 Exhibit 1 - Record of trademarks UniTube, #2 Exhibit 2 - Record of trademarks Universal, #3 Exhibit 3 - Warning, #4 Exhibit 4 - Employment Agreement, #5 Exhibit 5 - Noncompete/Nondisclosure Agreement, #6 Exhibit 6 - Letter dated 2-19-24, #7 Exhibit 7 - Text Messages from dealer)(Hanson, Mark) (Exhibit 7 replaced on 12/23/2024 to display legible headers.) Modified on 12/23/2024 to add more complete description to exhibits 1, 2, and 5. (jb) |
| Filing 35 AFFIDAVIT Declaration of Zachary Brashears re #28 Response to Motion by Biersch, INC. (Attachments: #1 Exhibit 1 - Drawing No. 80504, #2 Exhibit 2 - Attachments to 1-25-23 email, #3 Exhibit 3 -Text Message, #4 Exhibit 4 - Text Message and Photos, #5 Exhibit 5 - Email)(Hanson, Mark) Exhibits 3 and 4 replaced on 12/23/2024 to display legible headers. (jb) |
| Filing 34 AFFIDAVIT Declaration of Corey A. Staas re #28 Response to Motion by Biersch, INC. (Attachments: #1 Exhibit 1 - Spreadsheet of emails between Boyington and The Premiere Parties employees, #2 Exhibit 2 - Spreadsheet of emails between Boyington and other parties, #3 Exhibit 3 - Searches Spreadsheet)(Hanson, Mark) Modified on 12/23/2024 to add more complete descriptions to exhibits 1 and 2. (jb) |
| Filing 33 AFFIDAVIT Declaration of Prashanth Ramaswamy re #28 Response to Motion by Biersch, INC. (Attachments: #1 Exhibit 1 - Proprietary Information)(Hanson, Mark) |
| Filing 32 AFFIDAVIT Declaration of Ed Hert re #28 Response to Motion by Biersch, INC. (Hanson, Mark) |
| Filing 31 AFFIDAVIT Declaration of George R. Wandling, Sr. re #28 Response to Motion by Biersch, INC. (Hanson, Mark) |
| Filing 30 AFFIDAVIT Declaration of Riley McDaniel re #28 Response to Motion by Biersch, INC. (Hanson, Mark) |
| Filing 29 AFFIDAVIT Declaration of Brian Roed re #28 Response to Motion by Biersch, INC. (Attachments: #1 Exhibit 1 - E-mails Exchange)(Hanson, Mark) |
| Filing 28 RESPONSE to Motion re #5 MOTION for Preliminary Injunction and Request for Oral Argument In Opposition to filed by Biersch, INC. (Hanson, Mark) |
| Filing 27 MEMORANDUM in Support re #25 MOTION for Hearing filed by Biersch, INC. (Hanson, Mark) Modified on 12/23/2024 to clarify docket text. (jb) |
| Filing 26 RESPONSE to Motion re #8 MOTION for Preliminary Injunction Antisuit Injunction in Opposition of filed by Biersch, INC. (Attachments: #1 Declaration of Morio)(Hanson, Mark) Modified on 12/23/2024 to remove exhibit reference. (jb) |
| Filing 25 MOTION for Hearing (oral argument) on #5 Motion for Preliminary Injunction and #10 MOTION to Dismiss, and #8 MOTION for Preliminary Antisuit Injunction by Biersch, INC. (Hanson, Mark) Modified on 12/20/2024 to correct motion relief (lf). Modified on 12/23/2024 to correct document numbers of linked documents. (jb) |
| Filing 24 CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re #23 Response to Motion,, (Grossman, Lee) |
| Filing 23 RESPONSE to Motion re #10 MOTION to Dismiss for Lack of Jurisdiction Stay or, in the Alternative, Motion to Transfer, 12 MOTION to StayMOTION to Transfer Memorandum in Response filed by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Attachments: #1 Exhibit 1 - First Supplemental Declaration of Matthew Boyington, #2 Exhibit 1 to Declaration - Letter dated 02.19.2024)(Grossman, Lee) Modified on 12/23/2024 to add 'Exhibit 1' language (Attachment 1), remove duplicate 'Exhibit' language (Attachment 2), and cleaned up docket text. (jb) |
| DOCKET CORRECTION re: #25 Motion for Preliminary Injunction and Motion to Dismiss. Wrong motion relief selected. Clerk's office corrected motion relief at the request of filer. (lf) |
Filing 22
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. As discussed at the 12/13/2024 Status Conference, a Scheduling Conference Order will not be filed until after the three pending motions are decided. (CT)
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Filing 21
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. As discussed at the 12/13/2024 Status Conference, a brief on the motion for a hearing on the pending motions is due by 12/20/2024 and a responsive brief is due by 12/24/2024. Neither brief shall exceed five pages. (CT)
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| Filing 20 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 12/13/2024. (DR #241213-000 JS Chambers Recorder) (le) |
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Filing 19
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. Status Conference is set for 12/13/2024 at 11:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7000. (CT)
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Filing 18
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. The #17 stipulation is adopted. Responses due by 12/20/2024. Replies due by 1/3/2025. (CT) Modified on 12/10/2024 to correct date responses are due by. NEF regenerated (bl).
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| Filing 17 STIPULATION (Joint) Regarding Deadlines and Briefing Schedule by Biersch, INC. (Hanson, Mark) |
| Filing 16 SUMMONS Returned Executed by Premiere Shortline USA, LLC, Premiere Ag Manufacturing LLC, Matthew Boyington. Biersch, INC served on 12/4/2024, answer due 12/26/2024 (Grossman, Lee) |
| Filing 15 NOTICE of Appearance by Nicholas Mino on behalf of Biersch, INC (Mino, Nicholas) |
| Filing 14 Corporate Disclosure Statement by Biersch, INC. (Hanson, Mark) |
| Filing 13 NOTICE of Appearance by Mark R. Hanson on behalf of Biersch, INC (Hanson, Mark) |
| DOCKET CORRECTION re: #10 MOTION to Dismiss for Lack of Jurisdiction. Multiple relief document filed. Clerk's Office filed Motion to Stay and MOTION (Miscellaneous) to Transfer at 12 . Re: #11 MEMORANDUM in Support. Clerk's Office added link to additional motion relief filed and added more complete attachment descriptions. (sl) |
| Filing 12 MOTION to Stay or MOTION to Transfer in the Alternative by Biersch, INC. See Document #10 . (sl) |
| Filing 11 MEMORANDUM in Support re #10 MOTION to Dismiss for Lack of Jurisdiction and 12 MOTION to Stay or, in the Alternative, Motion to Transfer filed by Biersch, INC. (Attachments: #1 Exhibit 1 - T. Morio Declaration, #2 Exhibit A: Letter Dated 11/8/2024, #3 Exhibit B: Letter Dated 11/14/2024)(Hedican, Christopher) Modified to add link to additional relief filed and to add more complete attachment descriptions on 12/2/2024 (sl). |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction Stay or, in the Alternative, Motion to Transfer by Biersch, INC. (Hedican, Christopher) |
| Filing 9 CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re #8 MOTION for Preliminary Injunction Antisuit Injunction on Opposing Counsel (Grossman, Lee) |
| Filing 8 MOTION for Preliminary Injunction Antisuit Injunction by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Attachments: #1 Notice of Preliminary Antisuit Injunction Motion, #2 Memorandum in Support, #3 Exhibit 1: Premiere Ag Register of Actions Richland County)(Grossman, Lee) |
| DOCKET CORRECTION re: #5 MOTION for Preliminary Injunction. Clerk's Office removed duplicative exhibit language and clarified attachment descriptions. Multiple relief document filed. Clerk's Office filed Motion for Hearing at 7 . (sl) |
| Filing 7 MOTION for Hearing by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, and Matthew Boyington. See Document at #5 . (sl) |
| Filing 6 CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re #5 MOTION for Preliminary Injunction and Request for Oral Argument on Opposing Counsel (Grossman, Lee) |
| Filing 5 MOTION for Preliminary Injunction and Request for Oral Argument by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Attachments: #1 Notice of Motion, #2 Memorandum in Support, #3 Exhibit 2: Order Granting Ex Parte Temporary Restraining Order and Notice of Entry of Order) (Grossman, Lee) Modified to clarify docket text on 11/27/2024 (sl). |
| Filing 4 CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re #3 Corporate Disclosure Statement, #2 Notice of Appearance on Opposing Counsel (Grossman, Lee) |
| Filing 3 Corporate Disclosure Statement by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Grossman, Lee) |
| Filing 2 NOTICE of Appearance by Lee M. Grossman on behalf of All Plaintiffs (Grossman, Lee) |
| Filing 1 NOTICE OF REMOVAL by Biersch, INC from District Court Southeast Judicial District, County of Richland, case number 39-2024-CV-00341. Filing fee $ 405 receipt number 300001042 filed by Biersch, INC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Summons and complaint from district court, #3 Exhibit B - Notice of filing of removal from district court)(bl) |
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