Wilbur-Ellis Company LLC v. Lacey et al
Plaintiff: Wilbur-Ellis Company LLC
Defendant: Tait Lacey and J.R. Simplot Company
Case Number: 4:2023cv04097
Filed: June 15, 2023
Court: US District Court for the District of South Dakota
Presiding Judge: Lawrence L Piersol
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2023 Opinion or Order 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)
July 27, 2023 Opinion or Order 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)
July 26, 2023 Opinion or Order Filing 46 TRANSMITTAL of Notice of Cross Appeal Appeal to 8th Circuit Court of Appeals re #45 Notice of Appeal - Cross Appeal. (DJP)
July 26, 2023 Opinion or Order 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)
July 17, 2023 Opinion or Order 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)
July 14, 2023 Opinion or Order Filing 43 Defendant J.R. Simplot's ANSWER to #1 Complaint by J.R. Simplot Company. (Sutton, Jason)
July 14, 2023 Opinion or Order 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)
July 13, 2023 Opinion or Order Filing 41 TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re #40 Notice of Appeal. (SLT)
July 13, 2023 Opinion or Order 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)
July 10, 2023 Opinion or Order 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)
July 10, 2023 Opinion or Order Filing 38 ORDER denying #29 Motion to Seal Document. Signed by U.S. District Judge Lawrence L. Piersol on 7/10/2023. (JLS)
July 7, 2023 Opinion or Order Filing 37 NOTICE of Extension of Time to Answer or Otherwise Respond by J.R. Simplot Company . (Sutton, Jason)
July 6, 2023 Opinion or Order 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)
July 3, 2023 Opinion or Order 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)
June 30, 2023 Opinion or Order 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)
June 30, 2023 Opinion or Order 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)
June 30, 2023 Opinion or Order 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)
June 30, 2023 Opinion or Order 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)
June 29, 2023 Opinion or Order 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)
June 28, 2023 Opinion or Order Filing 29 MOTION to Seal Documents by Tait Lacey. (Attachments: #1 Proposed Order, #2 Proposed Sealed Brief, #3 Proposed Sealed Exhibit) (JLS)
June 28, 2023 Opinion or Order 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).
June 28, 2023 Opinion or Order 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).
June 28, 2023 Opinion or Order 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).
June 28, 2023 Opinion or Order 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)
June 28, 2023 Opinion or Order 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)
June 27, 2023 Opinion or Order 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)
June 27, 2023 Opinion or Order 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)
June 27, 2023 Opinion or Order 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)
June 27, 2023 Opinion or Order 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)
June 27, 2023 Opinion or Order 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)
June 27, 2023 Opinion or Order 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)
June 26, 2023 Opinion or Order 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)
June 26, 2023 Opinion or Order Filing 16 PROPOSED ORDER by Wilbur-Ellis Company LLC re #15 Stipulation (Goldstein, David)
June 26, 2023 Opinion or Order Filing 15 STIPULATION for Briefing Schedule by Wilbur-Ellis Company LLC. (Goldstein, David)
June 26, 2023 Opinion or Order 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)
June 26, 2023 Opinion or Order Filing 13 NOTICE of Appearance by Shannon R. Falon on behalf of Tait Lacey. (Falon, Shannon)
June 23, 2023 Opinion or Order Filing 12 NOTICE of Appearance by Jason R. Sutton on behalf of J.R. Simplot Company. (Sutton, Jason)
June 23, 2023 Opinion or Order Filing 11 NOTICE of Appearance by Laura K. Hensley on behalf of J.R. Simplot Company. (Hensley, Laura)
June 23, 2023 Opinion or Order Filing 10 NOTICE of Appearance by Meghann M. Joyce on behalf of Tait Lacey. (Joyce, Meghann)
June 20, 2023 Opinion or Order 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)
June 20, 2023 Opinion or Order 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)
June 20, 2023 Opinion or Order 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)
June 20, 2023 Opinion or Order 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)
June 20, 2023 Opinion or Order Filing 5 MOTION for Preliminary Injunction or, in the Alternative, Temporary Restraining Order by Wilbur-Ellis Company LLC. (Goldstein, David)
June 20, 2023 Opinion or Order Filing 4 RETURN OF SERVICE Executed upon Defendant J.R. Simplot Company on 6/16/23 (Goldstein, David)
June 20, 2023 Opinion or Order Filing 3 RETURN OF SERVICE Executed upon Defendant Tait Lacey on 6/16/23 (Goldstein, David)
June 15, 2023 Opinion or Order 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.
June 15, 2023 Opinion or Order 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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Plaintiff: Wilbur-Ellis Company LLC
Represented By: David J. Goldstein
Represented By: Jeremy D. Sosna
Represented By: Kevin M. Cleys
Represented By: Michelle A. Christy
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Defendant: Tait Lacey
Represented By: Meghann M. Joyce
Represented By: Shannon R. Falon
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Defendant: J.R. Simplot Company
Represented By: Jason R. Sutton
Represented By: Laura K. Hensley
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