Wilbur-Ellis Company LLC v. Jens et al
| Wilbur-Ellis Company LLC |
| Brett Jens, J.R. Simplot Company, Shane Fastnacht, Phylicia Hoffman and Wes Hotchkiss |
| 4:2023cv04104 |
| July 6, 2023 |
| US District Court for the District of South Dakota |
| Roberto A Lange |
| 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 April 9, 2024. A more recent docket listing may be available from PACER.
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Filing 83
MOTION to Strike #82 Brief Exhibit A Attached to Wilbur-Ellis's Post-Hearing Brief by J.R. Simplot Company. (Sutton, Jason)
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Filing 82
BRIEF by Plaintiff Wilbur-Ellis Company LLC re #28 MOTION for Temporary Restraining Order , #29 Memorandum in Support of Motion,, (Attachments: #1 Exhibit A - Articles of Oganization) (Goldstein, David)
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NOTICE of Filing Error: #80 Brief was filed in error and should be disregarded. (Goldstein, David)
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Filing 81
BRIEF by Defendant J.R. Simplot Company (Sutton, Jason)
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Filing 80
(FILED IN ERROR) BRIEF by Plaintiff Wilbur-Ellis Company LLC re #29 Memorandum in Support of Motion,, #28 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A Articles of Organization) (Goldstein, David) Modified on 11/13/2023 (SAC).
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Filing 79
BRIEF by Defendant Brett Jens (Hale, William)
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Filing 78
TRANSCRIPT of Proceedings re #70 Motion Hearing held on 11-1-23 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 2/6/2024. (Dedula, Carla)
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Filing 77
TRANSCRIPT of Proceedings re Motion Hearing held on 10-31-23 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 2/6/2024. (Dedula, Carla)
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Filing 76
RESTRICTED EXHIBITS offered by Shane Fastnacht, Phylicia Hoffman, Wes Hotchkiss during #70 Motion Hearing on October 31-November 1, 2023 before U.S. District Judge Lawrence L. Piersol. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 11/24/2023. (DJP)
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Filing 75
RESTRICTED EXHIBITS offered by Brett Jens during #70 Motion Hearing on October 31-November 1, 2023 before U.S. District Judge Lawrence L. Piersol. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 11/24/2023. (DJP)
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Filing 74
RESTRICTED EXHIBITS offered by J.R. Simplot Company during #70 Motion Hearing on October 31-November 1, 2023 before U.S. District Judge Lawrence L. Piersol. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 11/24/2023. (DJP)
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Filing 73
RESTRICTED EXHIBITS offered by Wilbur-Ellis Company LLC during #70 Motion Hearing on October 31-November 1, 2023 before U.S. District Judge Lawrence L. Piersol. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 11/24/2023. (DJP)
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Filing 72
Defendants' Combined Exhibit List re #70 Motion Hearing held on October 31, 2023 to November 1, 2023 before U.S. District Judge Lawrence L. Piersol. (DJP) (Main Document 72 replaced on 11/2/2023) (DJP).
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Filing 71
Plaintiff's Exhibit List re #70 Motion Hearing held on October 31 to November 1, 2023 before U.S. District Judge Lawrence L. Piersol. (DJP)
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Filing 70
Motion Hearing completed on 11/1/2023 re #28 MOTION for Temporary Restraining Order filed by Wilbur-Ellis Company LLC before U.S. District Judge Lawrence L. Piersol.. (Court Reporter: Carla Dedula) (DJP)
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Motion Hearing BEGAN on 10/31/2023 re #28 MOTION for Temporary Restraining Order filed by Wilbur-Ellis Company LLC before U.S. District Judge Lawrence L. Piersol.. (Court Reporter: Carla Dedula) (DJP)
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Filing 69
SEALED Memorandum in Opposition re #28 MOTION for Temporary Restraining Order . (Attachments: #1 Sealed Deposition of Tracie Gogolin, #2 Sealed Zoom Deposition of Sarah Hanson, #3 Sealed 2nd Zoom Deposition of Sarah Hanson, #4 Sealed Deposition of Wes Hotchkiss, #5 Sealed Deposition of Brett Jens, #6 Sealed Zoom Deposition of Phillip Gilbert) (KLE)
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Filing 68
NOTICE of Filing Error: #63 Declaration was filed in error and should be disregarded. (Roesler, Beth) (KLE). Modified on 10/30/2023 to assign docket number (KLE).
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Filing 67
BRIEF by Defendant J.R. Simplot Company re #28 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit Exhibit A - Email) (Sutton, Jason)
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Filing 66
BRIEF by Defendant Brett Jens Memorandum in Opposition to Motion for Preliminary Injunction (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Roesler, Beth)
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Filing 65
DECLARATION of William J. Hale . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Roesler, Beth)
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Filing 64
DECLARATION of Brett Jens . (Attachments: #1 Exhibit, #2 Exhibit) (Roesler, Beth)
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Filing 63
[FILED IN ERROR] DECLARATION of Brett Jens . (Roesler, Beth) Modified on 10/30/2023 to add text (KLE).
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Filing 62
MOTION to Amend/Correct #30 Proposed Order, #29 Memorandum in Support of Motion,, #28 MOTION for Temporary Restraining Order by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 61
SEALED BRIEF in Opposition to Plaintiff's re #28 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief by Defendants Fastnacht, Hoffman and Hotchkiss. ;s (KLE)
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Filing 60
AFFIDAVIT in Opposition re #28 MOTION for Temporary Restraining Order [Affidavit of Alex M. Hagen] [All Attachments filed under Seal] filed by Shane Fastnacht, Phylicia Hoffman, Wes Hotchkiss. (Attachments: #1 Exhibit A - Excerpt from Transcript of Motion Hearing 5/9/23, Wilbur-Ellis v. Erikson, #2 Exhibit B - Wilbur-Ellis Answers to Interrogatories from Simplot, #3 Exhibit C - Wilbur-Ellis Job Board screen capture 10/26/23, #4 Attachment Placeholder - Fastnacht depo transcript, #5 Attachment - Hotchkiss depo transcript, #6 Attachment - Gogolin depo transcript, #7 Attachment - Hanson depo transcript, #8 Attachment - Gilbert depo transcript, #9 Attachment - Lenocker depo transcript, #10 Attachment - Considine depo transcript, #11 Attachment - Hanson/Wilbur-Ellis 30(b)(6) depo transcript, #12 Attachment Depo Ex 18 - slide show, #13 Attachment Depo Ex 46 - Resp and Obj to Def's Notice of Plaintiff's Rule 30(b)(6) depo of Wilbur-Ellis, #14 Attachment Depo Ex 51 - 8/4/23 email chain, #15 Attachment Depo Ex 53 - Glassdoor information, #16 Attachment Depo Ex 56 - Hotchkiss exit interview) (Hagen, Alex) (Replaced all exhibits on 10/26/2023 per protective order) (KLE). Modified on 10/26/2023 to remove placeholder language (KLE).
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Filing 59
MEMORANDUM in Opposition re #28 MOTION for Temporary Restraining Order [Redacted] filed by Shane Fastnacht, Phylicia Hoffman, Wes Hotchkiss. (Hagen, Alex)
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Filing 58
ORDER granting #56 Motion for Admission Pro Hac Vice of Attorney Donald W. Myers for Wilbur-Ellis Company LLC. Signed by U.S. District Judge Lawrence L. Piersol on 10/25/2023. (CLR)
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Filing 57
PROPOSED ORDER by Wilbur-Ellis Company LLC re #56 MOTION for Attorney Donald W. Myers to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4144576) (Goldstein, David)
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Filing 56
MOTION for Attorney Donald W. Myers to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4144576) by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 55
CERTIFICATE of Service by Shane Fastnacht, Phylicia Hoffman, Wes Hotchkiss (Landon, Stephen)
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Filing 54
ORDER granting #53 Motion for Admission Pro Hac Vice of Attorney Kelli C. Fuqua for Wilbur-Ellis Company LLC.. Signed by U.S. District Judge Lawrence L. Piersol on 9/25/2023. (SLT)
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Filing 53
MOTION for Attorney Kelli C. Fuqua to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4123361) by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 52
NOTICE of Appearance by William Hale on behalf of Brett Jens. (Hale, William)
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Filing 51
ORDER granting #49 Motion to Amend. Discovery due by 9/8/2023 Motion Hearing set for 10/31/2023 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 08/28/2023. (KLE)
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Filing 50
PROPOSED ORDER by Wilbur-Ellis Company LLC re #49 Joint MOTION to Amend/Correct #47 Scheduling Order,, Terminate Motions, (Goldstein, David)
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Filing 49
Joint MOTION to Amend/Correct #47 Scheduling Order,, Terminate Motions, by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 48
ANSWER to #22 Amended Complaint AND AFFIRMATIVE DEFENSES by Shane Fastnacht, Phylicia Hoffman, Wes Hotchkiss. (Landon, Stephen)
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Filing 47
ORDER: (Motion Hearing set for 9/6/2023 at 10:00 AM, and lasting, as necessary, through 9/8/2023, in Sioux Falls Courtroom 1 before U.S. District Judge Lawrence L. Piersol. Motions terminated: #35 Unopposed MOTION to Modify the Court's August 9, 2023 Order re #33 Scheduling Order. Signed by U.S. District Judge Lawrence L. Piersol on 8/21/2023. (CLR)
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Filing 46
RETURN OF SERVICE Executed upon Defendant Wes Hotchkiss on 8/2/23 (Goldstein, David)
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Filing 45
ORDER granting #19 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 08/16/2023. (KLE)
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Filing 44
ORDER granting #14 Motion for Admission Pro Hac Vice of Attorney Lauren E. Clements for Wilbur-Ellis Company LLC. Signed by U.S. District Judge Lawrence L. Piersol on 08/16/2023. (KLE)
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Filing 43
ORDER granting #12 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 08/16/2023. (KLE)
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Filing 42
ORDER granting #17 Motion for Admission Pro Hac Vice of Attorney Janell K. Broekemier for Defendant Brett Jens. Signed by U.S. District Judge Lawrence L. Piersol on 08/16/2023. (KLE)
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Filing 41
RETURN OF SERVICE Executed upon Defendant Phylicia Hoffman on 8/3/23 (Goldstein, David)
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Filing 40
CERTIFICATE of Service by Brett Jens (Roesler, Beth)
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Filing 39
CERTIFICATE of Service by Brett Jens (Roesler, Beth)
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Filing 38
Defendant J.R. Simplot Company's ANSWER to #22 Amended Complaint by J.R. Simplot Company. (Sutton, Jason)
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Filing 37
ANSWER to #22 Amended Complaint And Affirmative Defenses by Brett Jens. (Roesler, Beth)
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Filing 36
PROPOSED ORDER by Wilbur-Ellis Company LLC re #35 Unopposed MOTION Unopposed Motion to Modify the Court's August 9, 2023 Order re #33 Scheduling Order (Goldstein, David)
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Filing 35
Unopposed MOTION Unopposed Motion to Modify the Court's August 9, 2023 Order re #33 Scheduling Order by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 34
ORDER Regarding Stipulated PROTECTIVE ORDER [32-1]. Signed by U.S. District Judge Lawrence L. Piersol on 08/09/2023. (KLE)
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Filing 33
SCHEDULING ORDER: Motion Hearing set for 9/7/2023 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 08/09/2023. (KLE)
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Filing 32
STIPULATION for Expedited Discovery by Wilbur-Ellis Company LLC. (Attachments: #1 Exhibit 1 - Joint Stipulation for Protective Order) (Goldstein, David)
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Filing 31
SCHEDULING ORDER: Motion Hearing set for 8/10/2023 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 08/07/2023. (KLE)
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Filing 30
PROPOSED ORDER by Wilbur-Ellis Company LLC re #29 Memorandum in Support of Motion,, #28 MOTION for Temporary Restraining Order (Goldstein, David)
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Filing 29
MEMORANDUM in Support re #28 MOTION for Temporary Restraining Order filed by Wilbur-Ellis Company LLC. (Attachments: #1 Exhibit A - Gilbert Declaration, #2 Exhibit B - Gogolin Declaration, #3 Exhibit Attachment A to Gogolin Declaration, #4 Exhibit C - Sosna Declaration, #5 Exhibit A to Sosna Declaration, #6 Exhibit B to Sosna Declaration, #7 Exhibit C to Sosna Declaration, #8 Exhibit D - Considine Declaration, #9 Exhibit Appendix to Considine Declaration) (Goldstein, David)
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Filing 28
MOTION for Temporary Restraining Order by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 27
RETURN OF SERVICE Executed upon Defendant Shane Fastnacht on 8/1/23 (Goldstein, David)
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Filing 26
NOTICE of Appearance by Alex M. Hagen on behalf of Shane Fastnacht, Phylicia Hoffman, Wes Hotchkiss. (Hagen, Alex)
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Filing 25
NOTICE of Appearance by Stephen C. Landon on behalf of Shane Fastnacht, Phylicia Hoffman, Wes Hotchkiss. (Landon, Stephen)
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Filing 24
Summons Issued as to Shane Fastnacht, Phylicia Hoffman, Wes Hotchkiss. 3 Summons(es) delivered via electronic delivery to counsel. (SAC)
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Filing 23
REQUEST FOR ISSUANCE OF SUMMONS(ES) by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 22
AMENDED COMPLAINT, with Jury Demand filed by Wilbur-Ellis Company LLC. (Attachments: #1 Exhibit A - Jens Employment Agreement) (Goldstein, David)
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Filing 21
Defendant J.R. Simplot Company's ANSWER to #1 Complaint by J.R. Simplot Company. (Sutton, Jason)
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Filing 20
PROPOSED ORDER by Wilbur-Ellis Company LLC re #19 MOTION for Attorney Michelle A. Christy to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4081021) (Goldstein, David)
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Filing 19
MOTION for Attorney Michelle A. Christy to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4081021) by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 18
PROPOSED ORDER by Brett Jens Order Granting PHV for JKB (Roesler, Beth)
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Filing 17
MOTION for Attorney Janell K. Broekemier to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4077984) by Brett Jens. (Roesler, Beth)
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Filing 16
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 15
PROPOSED ORDER by Wilbur-Ellis Company LLC re #14 MOTION for Attorney Lauren E. Clements to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4077398) (Goldstein, David)
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Filing 14
MOTION for Attorney Lauren E. Clements to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4077398) by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 13
PROPOSED ORDER by Wilbur-Ellis Company LLC re #12 MOTION for Attorney Jeremy D. Sosna to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4077394) (Goldstein, David)
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Filing 12
MOTION for Attorney Jeremy D. Sosna to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4077394) by Wilbur-Ellis Company LLC. (Goldstein, David)
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Filing 11
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 10
SUMMONS Returned Executed by Wilbur-Ellis Company LLC. Brett Jens served on 7/8/2023, answer due 7/31/2023. (Goldstein, David)
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Filing 9
NOTICE of Appearance by Paul Dean Lundberg on behalf of Brett Jens. (Lundberg, Paul)
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Filing 8
NOTICE of Appearance by Beth A. Roesler on behalf of Brett Jens. (Roesler, Beth)
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Filing 7
SUMMONS Returned Executed by Wilbur-Ellis Company LLC. J.R. Simplot Company served on 7/7/2023, answer due 7/28/2023. (Goldstein, David)
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Filing 6
NOTICE of Appearance by David J. Hieb on behalf of J.R. Simplot Company. (Hieb, David)
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Filing 5
NOTICE of Appearance by Laura K. Hensley on behalf of J.R. Simplot Company. (Hensley, Laura)
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Filing 4
NOTICE of Appearance by Jason R. Sutton on behalf of J.R. Simplot Company. (Sutton, Jason)
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Filing 3
ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Lawrence L. Piersol for all further proceedings. Chief Judge Roberto A. Lange no longer assigned to case. Signed by Chief Judge Roberto A. Lange on 7/7/2023. (CLR)
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Filing 2
Summons Issued as to J.R. Simplot Company, Brett Jens. 2 Summons(es) delivered via electronic delivery to counsel.. 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. (KLE)
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Filing 1
COMPLAINT with Jury Demand, $402 fee paid, receipt# ASDDC-4067018, in shell case on 07/06/2023 filed by Wilbur-Ellis Company LLC. (Attachments: #1 Exhibit A-Employment Agreement) (KLE)
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