Sym-Agro, Inc. v. Seipasa, S.A.
Sym-Agro, Inc. |
Seipasa, S.A. |
3:2021cv00429 |
March 22, 2021 |
US District Court for the District of Oregon |
Marco A Hernandez |
Contract: Other Contract Actions |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on May 6, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 48 ORDER: Plaintiff placed a $50,000.00 bond with the Clerk of Court after this Court's issuance of a temporary restraining order. ECF 17. Plaintiff's initial bond for the TRO is to remain in the Treasury Registry Fund to serve as security for the preliminary injunction. Plaintiff does not need to place a new bond for the preliminary injunction. Ordered by Judge Marco A. Hernandez. (jp) |
Filing 47 OPINION & ORDER: Plaintiffs' Motion for Preliminary Injunction is GRANTED. Defendant is RESTRAINED and ENJOINED from terminating the Agreement between the parties. Defendant is further ORDERED to immediately fill Plaintiff's pending purchase orders, as well as any futurepurchase orders consistent with the terms of the Agreement and the parties' past course of dealing. The Court declines to enjoin Defendant from selling Seican to Plaintiff's competitors. This Preliminary Injunction shall remain in effect until the entry of a final judgment in this case.The Court DIRECTS Plaintiff to place $50,000.00 with the Clerk of Court for deposit in the Treasury Registry Fund per Local Rule 67-1(b) no later than 4:30 p.m. on May 5, 2021 to serve as security for this preliminary injunction. In the alternative, Plaintiff may obtain a non-cash bond certificate in the amount of $50,000.00 and file it with the Clerk of Court no later than 4:30 p.m.on May 5, 2021. Signed on 5/5/2021 by Judge Marco A. Hernandez. (jp) |
Filing 46 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction - Day 2 held on 4/23/2021 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/12/2021. Redaction Request due 5/26/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/3/2021. (White, Ryan) |
Filing 45 REDACTED TRANSCRIPT OF PROCEEDINGS FILED for date of 4/23/2021 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. (White, Ryan) |
Filing 44 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction - Day 1 held on 4/22/2021 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/12/2021. Redaction Request due 5/26/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/3/2021. (White, Ryan) |
Filing 43 Clerks List of Exhibits & Witnesses from 4/22/21-4/23/21 Preliminary Injunction Hearing. (jp) |
Filing 42 MINUTES of Proceedings: Preliminary Injunction Hearing continued. Defendant withdraws Exhibit 501. Witnesses sworn and evidenced adduced. The Court took the matter under advisement as of 4/23/2021. Elizabeth Knight and Timothy Bernasek present as counsel for plaintiff(s). Kenneth Davis, Kristen Price and Mohammed Workicho present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp) Modified on 4/23/2021 to include withdrawal of exhibit (jp). |
Filing 41 MINUTES of Proceedings: Preliminary Injunction Hearing held. The parties stipulated to all of the exhibits, except the Spanish version of Ex. 510. Defendant to provide the Court with a new exhibit that has been translated to English. Witnesses sworn and evidence adduced. The hearing is continued until 9:00AM on Friday, 4/23/2021. The parties shall use the same video conference connection information provided for today's hearing. ALL PARTIES ARE REMINDED TO MUTE THEIR MICS UNLESS THEY ARE SPEAKING. Elizabeth Knight and Timothy Bernasek present as counsel for plaintiff(s). Kenneth Davis and Kristen Price present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp) Modified on 4/22/2021 to correct typo. (gw). |
Filing 40 Exhibit List . Filed by Seipasa, S.A.. (Davis, Kenneth) |
Filing 39 Witness List . Filed by Seipasa, S.A.. (Davis, Kenneth) |
Filing 38 Witness List Plaintiff's Witness List. Filed by Sym-Agro, Inc.. (Bernasek, Timothy) |
Filing 37 Exhibit List Plaintiff's Exhibit List. Filed by Sym-Agro, Inc.. (Bernasek, Timothy) |
Filing 36 Declaration of Corrected Second Supplemental Declaration of Timothy J. Bernasek. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Sym-Agro, Inc.. (Related document(s): Declaration,,, #31 .) (Attachments: #1 Exhibit Exhibit 11 (a), #2 Exhibit Exhibit 11 (b), #3 Exhibit Exhibit 11 (c)) (Bernasek, Timothy) |
Filing 35 Declaration of Jose Angel Talvera Fernndez, in Support of Opposition to Plaintiff's Motion for Preliminary Injunction. Filed by Seipasa, S.A.. (Related document(s): Response to Motion #32 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19) (Davis, Kenneth) Modified to correct name on 4/23/2021 (sss). |
Filing 34 Declaration of Francisco Espinosa in Support of Opposition to Plaintiff's Motion for Preliminary Injunction. Filed by Seipasa, S.A.. (Related document(s): Response to Motion #32 .) (Attachments: #1 Exhibit 20, #2 Exhibit 21, #3 Exhibit 22) (Davis, Kenneth) |
Filing 33 Declaration of Mark Russell in Support of Opposition to Plaintiff's Motion for Preliminary Injunction. Filed by Seipasa, S.A.. (Related document(s): Response to Motion #32 .) (Davis, Kenneth) |
Filing 32 Response in Opposition to Plaintiff's Motion for Preliminary Injunction. Filed by Seipasa, S.A.. (Davis, Kenneth) |
Filing 31 Declaration of Second Supplemental Declaration of Timothy J. Bernasek. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Sym-Agro, Inc.. (Related document(s): Brief #29 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19) (Bernasek, Timothy) |
Filing 30 Declaration of Second Supplemental Declaration of Peter Bierma. Filed by Sym-Agro, Inc.. (Related document(s): Brief #29 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8) (Bernasek, Timothy) |
Filing 29 Brief Plaintiff's Supplemental Brief in Support of Motion for Preliminary Injunction. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Sym-Agro, Inc.. (Bernasek, Timothy) |
Filing 28 STIPULATED PROTECTIVE ORDER. Signed on 4/16/2021 by Judge Marco A. Hernandez. (jp) |
Filing 27 Stipulated Motion for Protective Order . Filed by Seipasa, S.A.. (Workicho, Mohammed) |
Filing 26 ORDER: Granting Plaintiff's Unopposed Motion to Extend Temporary Restraining Order #25 . The temporary restraining order will remain in effect until the conclusion of the preliminary injunction, currently set for April 22, 2021, and April 23, 2021. Ordered by Judge Marco A. Hernandez. (jp) |
Filing 25 Motion for Extension of Time Plaintiff's Unopposed Motion to Extend Temporary Restraining Order. Filed by Sym-Agro, Inc.. (Bernasek, Timothy) |
Filing 24 Scheduling Order - The Court sets a Preliminary Injunction Hearing for April 22, 2021, and April 23, 2021 at 09:00AM by videoconference before Judge Marco A. Hernandez. The parties may submit additional briefing no later than April 19, 2021. The Court will provide the parties with videoconference connection information by separate sealed entry. Ordered by Judge Marco A. Hernandez. (mja) |
Filing 23 Answer to Complaint following a Notice of Removal (Related Doc. #1 ) with Jury Demand . Filed by Seipasa, S.A.. (Workicho, Mohammed) |
Filing 22 Notice of Appearance of Mohammed Workicho appearing on behalf of Seipasa, S.A. Filed by on behalf of Seipasa, S.A.. (Workicho, Mohammed) |
Filing 21 Corporate Disclosure Statement for SYM-AGRO, INC.. Filed by Sym-Agro, Inc.. (Bernasek, Timothy) |
Filing 20 Bond in the amount of $50,000.00 posted. . Filed by Sym-Agro, Inc.. (Bernasek, Timothy) |
Filing 19 ORDER: Plaintiff has obtained a non-cash bond in the amount of $50,000, and is not required to deposit funds as previously ordered in #17 . Plaintiff is authorized to file their bond paperwork in the case. Ordered by Judge Marco A. Hernandez. (jp) |
Filing 18 ORDER: Granting Motion for Extension of Time to Answer #13 . Answer is due by 4/5/2021. Ordered by Judge Marco A. Hernandez. (jp) |
Filing 17 OPINION & ORDER: Plaintiff's Motion for Temporary Restraining Order, ECFNo. 4, is GRANTED. Defendant is RESTRAINED and ENJOINED from terminating the Agreement between the parties for a period of fourteen (14) days from the date and time of this Order, which may be extended for a further period on good cause. Defendant is ORDERED to immediately fill Plaintiff's pending purchase orders, as well as any future purchase orders consistent with the terms of the Agreement and the parties' past course of dealing. The Court DIRECTS Plaintiff to place a bond of $50,000.00 with the Clerk of Court for deposit in the Treasury Registry Fund per Local Rule 67-1(b) no later than 4:30 p.m. on April 1, 2021. The parties are further ORDERED to appear at a hearing to be set by the Court to show cause why a preliminary injunction should not be issued in this case. Signed on 3/31/2021 by Judge Marco A. Hernandez. (jp) |
Filing 16 MINUTES of Proceedings: The Court determined the Temporary Restraining Order (TRO) issued by the state court has expired and construes this hearing as Plaintiff's new motion for a TRO in federal court. Defendant's Motion to Strike #15 is DENIED. The Court considered the four Winters factors and GRANTED Plaintiff's motion. Order to follow. This restraining order will remain in effect until the conclusion of the preliminary injunction hearing to be set at a later date. The parties shall confer and advise the Court by close of business on 4/1/2021 of an agreed upon date (within 28 days) for a PI hearing. The Court DIRECTS Plaintiff to post a $50,000 bond with the Clerk of Court for deposit in the Treasury Registry Fund per LR 67-1(b) no later than 4:30pm on April 1, 2021. As further discussed on the record, the Court expects Defendant to fill all of Plaintiff's purchase orders immediately. Failure to do so could result in sanctions. Elizabeth Knight and Timothy Bernasek present as counsel for plaintiff(s). Kenneth Davis and Kristen Price present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp) |
Filing 15 Motion to Strike New Evidence Filed with Plaintiff's Reply in Support of Its Motion to Extend the TRO Reply to Motion, #9 , Response in Opposition to Motion #7 . Filed by Seipasa, S.A.. (Price, Kristen) |
Filing 14 Scheduling Order by Judge Marco A. Hernandez. The hearing on Plaintiff's Motion to Extend Temporary Restraining Order #4 set for 3/31/2021 at 10:30AM is RESET AS TO TIME ONLY to 9:00AM in Portland by video conference before Judge Marco A. Hernandez. The parties shall use the same access information provided for the 10:30 video conference. Ordered by Judge Marco A. Hernandez. (jp) |
Filing 13 Unopposed Motion for Extension of Time to Answer Complaint. Expedited Hearing requested. Filed by Seipasa, S.A.. (Davis, Kenneth) |
Filing 12 Scheduling Order by Judge Marco A. Hernandez. A hearing on Plaintiff's Motion to Extend Temporary Restraining Order #4 is set for 3/31/2021 at 10:30AM in Portland by video conference before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp) |
Filing 11 Declaration of Supplemental Declaration of Peter Bierma. Filed by Sym-Agro, Inc.. (Related document(s): Motion for Temporary Restraining Order #4 .) (Attachments: #1 Exhibit Exhibit 1 to Supplemental Declaration of Peter Bierma) (Bernasek, Timothy) |
Filing 10 Declaration of reply Supplemental Declaration of Timothy J. Bernasek. Filed by Sym-Agro, Inc.. (Related document(s): Motion for Temporary Restraining Order #4 .) (Bernasek, Timothy) |
Filing 9 Reply Plaintiff's Reply to Defendant's Response in Opposition to Plaintiff's Motion to Extend Temporary Restraining Order to Motion for Temporary Restraining Order Plaintiff's Motion to Extend Temporary Restraining Order #4 . Filed by Sym-Agro, Inc.. (Bernasek, Timothy) |
Filing 8 Scheduling Order by Judge Marco A. Hernandez. Plaintiff's Reply to Defendant's Response to Plaintiff's Motion to Extend Temporary Restraining Order #4 is due by 3:00PM on 3/29/2021. Ordered by Judge Marco A. Hernandez. (jp) |
Filing 7 Response in Opposition to Motion for Temporary Restraining Order Plaintiff's Motion to Extend Temporary Restraining Order #4 . Filed by Seipasa, S.A.. (Price, Kristen) |
Filing 6 Supplemental Exhibits 2 re Notice of Removal, #1 . Filed by Seipasa, S.A.. (Attachments: #1 Exhibit 2) (Price, Kristen) |
Filing 5 ORDER: Counsel for Defendant has notified the Court that they intend to respond to Plaintiff's Motion for Temporary Restraining Order #4 . Defendant is ordered to submit their response brief by 3:00 p.m. on 3/25/21. Ordered by Judge Marco A. Hernandez. (jp) |
Filing 4 Motion for Temporary Restraining Order Plaintiff's Motion to Extend Temporary Restraining Order. Filed by Sym-Agro, Inc.. (Attachments: #1 Exhibit Exhibit 1) (Bernasek, Timothy) |
Filing 3 Notice of Case Assignment: This case is assigned to Judge Marco A. Hernandez. (sss) |
Filing 2 Corporate Disclosure Statement . Filed by Seipasa, S.A.. (Price, Kristen) |
Filing 1 Notice of Removal of Case Number 21CV06344 from Clackamas County Circuit Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8001157 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Seipasa, S.A. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1). (Price, Kristen) |
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Defendant: Seipasa, S.A. | |
Represented By: | Kenneth R. Davis, II |
Represented By: | Kristen Price |
Represented By: | Mohammed Workicho |
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Plaintiff: Sym-Agro, Inc. | |
Represented By: | Timothy J. Bernasek |
Represented By: | Elizabeth C. Knight |
Represented By: | Chelsea J. Glynn |
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