JES Farms Partnership v. Indigo Ag Inc.
| JES Farms Partnership |
| Indigo Ag Inc. |
| 4:2023cv04023 |
| February 13, 2023 |
| US District Court for the District of South Dakota |
| Lawrence L Piersol |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 31
TRANSCRIPT of Proceedings re #27 Status Conference held on 3-20-23 before Judge Piersol. Court Reporter: Carla Dedula, Telephone number: 16053306669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 7/6/2023. (Dedula, Carla)
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Filing 30
DECLARATION of Daniel J. Brown re #28 MOTION to Compel Arbitration and Motion to Dismiss, #29 Memorandum in Support of Motion to Compel Arbitration and Motion to Dismiss. (Attachments: #1 Exhibit MPP Addendum, #2 Exhibit JES Farms Firm Offer Addendum, #3 Exhibit Appendix B Chart in NGFA Filing) (Bell, Stephen)
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Filing 29
MEMORANDUM in Support re #28 MOTION to Compel Arbitration and Motion to Dismiss filed by Indigo Ag Inc.. (Bell, Stephen)
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Filing 28
MOTION to Compel Arbitration and Motion to Dismiss by Indigo Ag Inc.. (Bell, Stephen)
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Filing 27
Status Conference held on 3/20/2023 before U.S. District Judge Lawrence L. Piersol. (Court Reporter: Carla Dedula) (MSB)
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Filing 26
Letter to The Honorable Lawrence L. Piersol. (Bell, Stephen)
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Filing 25
ORDER: Telephonic Scheduling Conference set for 3/20/2023 at 03:30 PM (CST) in Sioux Falls Courtroom 1 before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 3/15/2023. (CLR)
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Filing 24
CORPORATE Disclosure Statement by Indigo Ag Inc. identifying Corporate Parent Indigo Agriculture, Inc. for Indigo Ag Inc.. (Bell, Stephen)
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Filing 23
NOTICE of Extension of Time to Answer or Otherwise Respond by Indigo Ag Inc. Unopposed. (Bell, Stephen)
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Filing 22
CORPORATE Disclosure Statement by JES Farms Partnership. (Redd, Ryan)
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Filing 21
ORDER. Signed by U.S. District Judge Lawrence L. Piersol on 3/6/2023. (CLR)
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Filing 20
SUPPLEMENT by Plaintiff JES Farms Partnership re #6 Brief IN SUPPORT OF MOTION FOR STAY/TEMPORARY RESTRAINING ORDER. (Redd, Ryan)
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Filing 19
BRIEF by Defendant Indigo Ag Inc. Memorandum Regarding Applicability of Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (2006) (Bell, Stephen)
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Filing 18
Telephonic Evidentiary Hearing held on 3/2/2023 before U.S. District Judge Lawrence L. Piersol. (Court Reporter: Cheryl Hook) (KLE)
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Filing 17
ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Daniel J. Brown for Indigo Ag Inc. Signed by U.S. District Judge Lawrence L. Piersol on 3/1/2023. (CLR)
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Filing 16
MOTION for Attorney Daniel J. Brown to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3978721) by Indigo Ag Inc.. (Attachments: #1 Proposed Order Proposed Order for Motion for Admission Pro Hac Vice) (Bell, Stephen)
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Filing 15
DECLARATION of Adam Lazarov re #6 Brief Responsive Brief in Support of Opposition to Request for Temporary Restraining Order. (Attachments: #1 Exhibit Exhibit A - January 8, 2019 JES Farms MSA, #2 Exhibit Exhibit B - April 17, 2019 JES Farms MSA, #3 Exhibit Exhibit C - JES Farms Complaint Form, #4 Exhibit Exhibit D - Indigo January 29, 2021 Correspondence to JES Farms, #5 Exhibit Exhibit E - Arbitration Services Contract, #6 Exhibit Exhibit F - JES Farms' First Argument, #7 Exhibit Exhibit G - Appendix A Chart to Indigo NGFA Pleadings) (Bell, Stephen)
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Filing 14
DECLARATION of Jack Huerter re #6 Brief Responsive Brief in Opposition of Request for Temporary Restraining Order with Exhibits 1-7. (Attachments: #1 Exhibit Exhibit 1 - JES Farms Facebook Page, #2 Exhibit Exhibit 2 - JES Farms Lexis Company Reports, #3 Exhibit Exhibit 3 - NGFA February 22, 2023, #4 Exhibit Exhibit 4 - NGFA Hearing Notice, #5 Exhibit Exhibit 5 - NGFA Arbitration Rules, #6 Exhibit Exhibit 6 - NGFA December 7, 2022, #7 Exhibit Exhibit 7 - NGFA Grain Trade Rules) (Bell, Stephen)
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Filing 13
(FILED IN ERROR) DECLARATION of Jack Huerter re #6 Brief Responsive Brief in Opposition to Request for Temporary Restraining Order. (Bell, Stephen) Modified on 3/1/2023 (MSB).
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Filing 12
BRIEF by Defendant Indigo Ag Inc. re #6 Brief Responsive Brief in Opposition to Plaintiff's Request for a Temporary Restraining Order (Bell, Stephen)
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Filing 11
SCHEDULING ORDER: Telephonic ORAL ARGUMENT set for 3/2/2023 at 09:00 AM (MDT) (10:00 AM CST) in Rapid City Courtroom 2 before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 2/28/2023. (CLR)
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NOTICE of Filing Error: #9 Answer to Complaint,, #10 Answer to Complaint,, #8 Answer to Complaint was filed in error and should be disregarded. (Bell, Stephen)
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NOTICE of Filing Error: #13 Declaration was filed in error and should be disregarded. (Bell, Stephen)
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Filing 10
(FILED IN ERROR) Declaration of Adam Lazarov in Support of Opposition to Temporary Restraining Order with Exhibits A-G ANSWER to #1 Complaint, by Indigo Ag Inc.. (Attachments: #1 Exhibit A Jan. 8, 2019 JES Farms MSA, #2 Exhibit B Apr. 17, 2019 JES Farms MSA, #3 Exhibit C JES Farms Complaint Form, #4 Exhibit D Indigo Jan. 29, 2021 Correspondence to JES Farms, #5 Exhibit E Arbitration Services Contract, #6 Exhibit F JES Farms First Argument, #7 Exhibit G Appendix A Chart to Indigo NGFA Pleadings) (Bell, Stephen) Modified text on 2/28/2023 (TAL).
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Filing 9
(FILED IN ERROR) Declaration of Jack Huerter in Opposition to Request for Temporary Restraining Order with Exhibits 1-7 ANSWER to #1 Complaint, by Indigo Ag Inc.. (Attachments: #1 Exhibit 1 - JES Farms Facebook Page, #2 Exhibit 2 JES Farms Lexis Company Reports, #3 Exhibit 3 NGFA Feb. 22, 2023 Correspondence, #4 Exhibit 4 NGFA Hearing Notice, #5 Exhibit 5 NGFA Arbitration Rules, #6 Exhibit 6 NGFA Dec. 7, 2022 Correspondence, #7 Exhibit 7 NGFA Grain Trade Rules) (Bell, Stephen) Modified text on 2/28/2023 (TAL).
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Filing 8
(FILED IN ERROR) Defendant's Memorandum in Opposition to Plaintiff's Request for a Temporary Restraining Order ANSWER to #1 Complaint, by Indigo Ag Inc.. (Bell, Stephen) Modified text on 2/28/2023 (TAL).
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Filing 7
AFFIDAVIT of RYAN W.W. REDD re #6 Brief . (Attachments: #1 Exhibit 1 - Contracts at Issue, #2 Exhibit 2 - Contracts- JES Breach Claims, #3 Exhibit 3 - Contracts - Indigo Counterclaim, #4 Exhibit 4 - Indigo Marketplace LLC Assignment, #5 Exhibit 5 - Grain Lincense List SD 2020, #6 Exhibit 6 - Confirmation, #7 Exhibit 7 - Accumulators, #8 Exhibit 8 - Discontinuing Accumulators inside MPPs, #9 Exhibit 9 - NGFA Service Contract, #10 Exhibit 10 - JES First Argument, #11 Exhibit 11 - Indigo Answer and Counterclaim, #12 Exhibit 12 - JES Reply to Counterclaim, #13 Exhibit 13 - Indigo Surrebutal, #14 Exhibit 14 - 12.2.20 Termination Letter, #15 Exhibit 15 - Indigo Provides MPP Audit Information, #16 Exhibit 16 - 1.19.21 Termination Letter, #17 Exhibit 17 - Arbitration Cancelled Email, #18 Exhibit 18 - Hurley November 8 2022 letter, #19 Exhibit 19 - NGFA Case No. 2874 - JES Farms Dec. 22, 2022 correspondence, #20 Exhibit 20 - JES to NGFA Jan. 5, 2023 Correspondence, #21 Exhibit 21 - NGFA Case Nos. 2874 and 2910 - January 13, 2023 correspondence, #22 Exhibit 22 - NGFA Case No. 2874 - Feb. 22, 2023 correspondence, #23 Exhibit 23 - February 2021 Notice of Default, #24 Exhibit 24 - AC Contracts Performed, #25 Exhibit 25 - WSJ Article) (Redd, Ryan)
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Filing 6
BRIEF by Plaintiff JES Farms Partnership IN SUPPORT OF JES FARMS PARTNERSHIPS MOTION FOR STAY/TEMPORARY RESTRAINING ORDER (Redd, Ryan)
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Filing 5
ORDER. Signed by U.S. District Judge Lawrence L. Piersol on 02/24/2023. (KLE)
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Filing 4
Status Conference held on 2/16/2023 before U.S. District Judge Lawrence L. Piersol. (Court Reporter: Sheri Not Help Him) (CLR)
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Set Hearing: Telephonic Status Conference set for 2/16/2023 at 10:00 AM (MST) in Rapid City Courtroom 1 before U.S. District Judge Lawrence L. Piersol. (TAL)
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Filing 3
Summons Issued as to Indigo Ag Inc.. 1 Summons(es) delivered via electronic delivery to counsel. (MSB) CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: #National Forms: https://www.uscourts.gov/services-forms/forms.
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS(ES) by JES Farms Partnership. (Redd, Ryan)
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Filing 1
COMPLAINT, $402 fee paid, receipt# ASDDC-3969745, in shell case on 2/13/2023 filed by JES Farms Partnership on 2/13/2023. (Attachments: #1 Exhibit A - May 29, 2020 Marketplace Seller Agreement, #2 Exhibit B - June 3, 2020 Marketplace Seller Agreement, #3 Exhibit C - August 7, 2020 Marketplace Seller Agreement, #4 Exhibit D - Indigo Ag, Inc.'s Answer and Counterclaim) (CLR)
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| Plaintiff: JES Farms Partnership | |
| Represented By: | James P. Hurley |
| Represented By: | Ryan W.W. Redd |
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| Defendant: Indigo Ag Inc. | |
| Represented By: | Stephen D. Bell |
| Represented By: | Daniel J. Brown |
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