Wilbur-Ellis Company LLC v. Lacey et al
| Wilbur-Ellis Company LLC |
| Tait Lacey and J.R. Simplot Company |
| 4:2023cv04097 |
| June 15, 2023 |
| US District Court for the District of South Dakota |
| Lawrence L Piersol |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on August 11, 2023. A more recent docket listing may be available from PACER.
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Filing 48
TRANSCRIPT of Proceedings re #36 Motion Hearing, held on 7-6-23 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 11/13/2023. (Dedula, Carla)
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Filing 47
USCA Case Number and Appeal Briefing Schedule Order for #45 Notice of Appeal - Cross Appeal filed by Tait Lacey, J.R. Simplot Company. USCA Case Number: 23-2718 (Attachments: #1 Briefing Schedule). (TAL)
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Filing 46
TRANSMITTAL of Notice of Cross Appeal Appeal to 8th Circuit Court of Appeals re #45 Notice of Appeal - Cross Appeal. (DJP)
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Filing 45
NOTICE OF CROSS APPEAL as to #39 Order on Motion for Preliminary Injunction by J.R. Simplot Company, Tait Lacey. (paid $505 Appellate Filing fee; receipt number ASDDC-4083273). (Sutton, Jason)
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Filing 44
USCA Case Number and Appeal Briefing Schedule Order for #40 Notice of Appeal filed by Wilbur-Ellis Company LLC. USCA Case Number: 23-2648 (Attachments: #1 Briefing Schedule). (TAL)
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Filing 43
Defendant J.R. Simplot's ANSWER to #1 Complaint by J.R. Simplot Company. (Sutton, Jason)
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Filing 42
ANSWER to #1 Complaint with Jury Demand and Demand for Jury Trial by Tait Lacey. (Attachments: #1 Exhibit 1 - Kevin Erikson's Employment Agreement) (Joyce, Meghann)
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Filing 41
TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re #40 Notice of Appeal. (SLT)
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Filing 40
NOTICE OF APPEAL as to #39 Order on Motion for Preliminary Injunction by Wilbur-Ellis Company LLC. (paid $505 Appellate Filing fee; receipt number ASDDC-4073289). (Goldstein, David)
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Filing 39
MEMORANDUM OPINION AND ORDER denying #5 Motion for Preliminary Injunction or Temporary Restraining Order. Signed by U.S. District Judge Lawrence L. Piersol on 7/10/2023. (JLS)
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Filing 38
ORDER denying #29 Motion to Seal Document. Signed by U.S. District Judge Lawrence L. Piersol on 7/10/2023. (JLS)
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Filing 37
NOTICE of Extension of Time to Answer or Otherwise Respond by J.R. Simplot Company . (Sutton, Jason)
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Filing 36
Motion Hearing held on 7/6/2023 re #5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order filed by Wilbur-Ellis Company LLC before U.S. District Judge Lawrence L. Piersol. (Court Reporter: Carla Dedula) (MSB)
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Filing 35
SCHEDULING ORDER: Motion Hearing set for 7/6/2023 at 09:00 AM in Sioux Falls Courtroom 1 before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 7/3/2023. (JLS)
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Filing 34
REPLY to Motion Response re #5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order filed by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 33
ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Kevin M. Cleys for Wilbur-Ellis Company LLC. Signed by U.S. District Judge Lawrence L. Piersol on 6/30/2023. (JLS)
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Filing 32
ORDER granting #20 Motion for Admission Pro Hac Vice of Attorney Michelle A. Christy for Wilbur-Ellis Company LLC. Signed by U.S. District Judge Lawrence L. Piersol on 6/30/2023. (JLS)
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Filing 31
ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Jeremy D. Sosna for Wilbur-Ellis Company LLC. Signed by U.S. District Judge Lawrence L. Piersol on 6/30/2023. (JLS)
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Filing 30
I have reviewed Rule 7.1 of the Federal Rules of Civil Procedure requiring nongovernmental corporate parties or nongovernmental corporations that seek to intervene to file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10 percent or more of its stock and certify that it does not apply to J.R. SIMPLOT COMPANY. (Sutton, Jason)
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Filing 29
MOTION to Seal Documents by Tait Lacey. (Attachments: #1 Proposed Order, #2 Proposed Sealed Brief, #3 Proposed Sealed Exhibit) (JLS)
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Filing 28
RESPONSE Joinder in Defendant J.R. Simplot Company's Brief Opposing #5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order Joinder to Simplot Company's Brief filed by Tait Lacey. (Falon, Shannon) Modified on 6/29/2023 to add text (KLE).
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Filing 27
DECLARATION of Sam Caton re #5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order . (Sutton, Jason) Modified to fix typo per t/c on 6/28/2023 (SLW).
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Filing 26
BRIEF by Defendant J.R. Simplot Company in OPPOSITION re #5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order Opposing Motion for Preliminary Injuction (Sutton, Jason) Modified on 6/29/2023 to add text (KLE).
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Filing 25
DECLARATION of Tait Lacey re #5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order . (Attachments: #1 Exhibit 1 - Severance Agreement (Filed Under Seal), #2 Exhibit 2 - January 20, 2023, Correspondence) (Joyce, Meghann)
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Filing 24
CORPORATE Disclosure Statement by Wilbur-Ellis Company LLC identifying Corporate Parent Wilbur-Ellis Holdings, Inc., Other Affiliate Wilbur-Ellis Holdings II, Inc. for Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 23
PROPOSED ORDER by Wilbur-Ellis Company LLC re #22 MOTION for Attorney Kevin M. Cleys to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4061286) (Goldstein, David)
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Filing 22
MOTION for Attorney Kevin M. Cleys to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4061286) by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 21
PROPOSED ORDER by Wilbur-Ellis Company LLC re #20 MOTION for Attorney Michelle Christy to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4061262) (Goldstein, David)
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Filing 20
MOTION for Attorney Michelle Christy to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4061262) by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 19
PROPOSED ORDER by Wilbur-Ellis Company LLC re #18 MOTION for Attorney Jeremy D. Sosna to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4061236) (Goldstein, David)
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Filing 18
MOTION for Attorney Jeremy D. Sosna to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4061236) by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 17
SCHEDULING ORDER: Motion Hearing set for 7/5/2023 at 02:00 PM in Sioux Falls Courtroom 1 before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 6/26/2023. (JLS)
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Filing 16
PROPOSED ORDER by Wilbur-Ellis Company LLC re #15 Stipulation (Goldstein, David)
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Filing 15
STIPULATION for Briefing Schedule by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 14
SCHEDULING ORDER: Motion Hearing re #5 TRO set for 6/27/2023 at 10:00 AM in Sioux Falls Courtroom 1 before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 6/26/2023. (JLS)
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Filing 13
NOTICE of Appearance by Shannon R. Falon on behalf of Tait Lacey. (Falon, Shannon)
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Filing 12
NOTICE of Appearance by Jason R. Sutton on behalf of J.R. Simplot Company. (Sutton, Jason)
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Filing 11
NOTICE of Appearance by Laura K. Hensley on behalf of J.R. Simplot Company. (Hensley, Laura)
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Filing 10
NOTICE of Appearance by Meghann M. Joyce on behalf of Tait Lacey. (Joyce, Meghann)
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Filing 9
CERTIFICATE OF SERVICE by Wilbur-Ellis Company LLC re #5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order, #8 Proposed Order, #7 Affidavit in Support of Motion, #6 Memorandum in Support of Motion . (Goldstein, David)
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Filing 8
PROPOSED ORDER by Wilbur-Ellis Company LLC re #5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order, #7 Affidavit in Support of Motion, #6 Memorandum in Support of Motion (Goldstein, David)
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Filing 7
AFFIDAVIT in Support re #5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order filed by Wilbur-Ellis Company LLC. (Attachments: #1 Exhibit A - Employment Agreement) (Goldstein, David)
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Filing 6
MEMORANDUM in Support re #5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order filed by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 5
MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 4
RETURN OF SERVICE Executed upon Defendant J.R. Simplot Company on 6/16/23 (Goldstein, David)
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Filing 3
RETURN OF SERVICE Executed upon Defendant Tait Lacey on 6/16/23 (Goldstein, David)
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Filing 2
Summons Issued as to J.R. Simplot Company, Tait Lacey. 2 Summons(es) delivered via electronic delivery to counsel. (JLS) 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 1
COMPLAINT with Jury Demand, $402.00 fee paid, receipt# ASDDC-4053630, in shell case on 6/15/2023 filed by Wilbur-Ellis Company LLC on 6/15/2023. (Attachments: #1 Exhibit 1 - Employment Agreement) (JLS)
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