Indigo Ag, Inc.v. Fearless Grain Marketing, LLC et. al
| Indigo Ag, Inc. |
| Jeremey Frost and Fearless Grain Marketing, LLC |
| 2:2021cv02052 |
| January 24, 2021 |
| US District Court for the Western District of Tennessee |
| Annie T Christoff |
| Thomas L Parker |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on April 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 32 REPLY to Response to Motion re #31 Response in Opposition to Motion filed by All Defendants. (Kay, Harris) |
| Filing 31 RESPONSE in Opposition re #30 MOTION to Dismiss and Compel Arbitration of Claims - Proposed Order Submitted filed by All Plaintiffs. (Attachments: #1 Declaration, #2 Exhibit Ex. to Declaration)(Brown, Daniel) |
| Filing 30 MOTION to Dismiss and Compel Arbitration of Claims - Proposed Order Submitted by All Defendants. (Attachments: #1 Memorandum Memorandum of Law in Support of Motion to Dismiss, #2 Affidavit Declaration in Support of Motion to Dismiss, #3 Exhibit Exhibit A to Kay Declaration)(Kay, Harris) |
Filing 29
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Defendants move for a second extension of time to respond to Plaintiff's complaint. (ECF No. #28 .) Plaintiff does not oppose the motion. (Id. at PageID 208.) For good cause shown, the Court GRANTS Defendants' motion. Defendants have until March 9, 2021, to respond. Signed by Judge Thomas L. Parker on 2/26/2021. (ljt)
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| Filing 28 Second MOTION for Extension of Time to File Answer to Complaint / Proposed Order Submitted by Fearless Grain Marketing, LLC, Jeremey Frost. (Nelson, Jonathan) |
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Filing 25
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Defendants move for an extension of time to respond to Plaintiff's complaint. (ECF No. #24 .) Plaintiff does not oppose the motion. (Id. at PageID 204.) For good cause shown, the Court GRANTS Defendants' motion. Defendants have until March 2, 2021, to respond. Signed by Judge Thomas L. Parker on 2/12/2021. (ljt)
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| Filing 24 Consent MOTION to Extend Deadline to Respond to Complaint; Proposed Order Submitted by Fearless Grain Marketing, LLC, Jeremey Frost. (Nelson, Jonathan) |
| Filing 27 ORAL TELEPHONIC ORDER re: #14 MOTION to Expedite Discovery Telephonic held before Judge Thomas L. Parker On 2/9/2021. Adam Lazarov, Andre Mathis, Daniel Brown and Kathryn Van Namen appeared for the Plaintiff. Harris Kay and Jonathan Nelson appeared for the Defendants. The Court Granted in Part Plaintiff's Motion for Expedited Discovery. The Court ordered Defendants to respond by 2/26/2021. (Court Reporter, Mark Dodson) (mlk) Modified on 2/17/2021 (Parker, Thomas). presiding Judge: Parker, Thomas L. Referral Judge : Christoff, Annie T. (mlk) |
| Filing 23 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; Status Conference set for 2/9/2021 at 04:00 PM C.S.T. before Judge Thomas L. Parker. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Milton Knox at milton_knox@tnwd.uscourts.gov for any questions. (mlk) |
| Filing 26 Minute Entry for Telephonic Motion Hearing re: [ECF 14] Motion to Expedite Discovery held before Judge Thomas L. Parker on 2/8/2021. Adam Lazarov, Daniel Brown and Kathryn Van Namen appeared for the Plaintiff. Harris Kay and Jonathan Nelson appeared for the Defendants. Plaintiff seeking expedited discovery to identify the persons and/or entities to whom Defendants' have disseminated allegedly damaging misinformation about Indigo Ag, Inc. The parties argued the motion. The Court took the matter under advisement. (Court Reporter, Lisa Mayo) (mlk) Modified on 2/17/2021 (Parker, Thomas). |
| Filing 22 RESPONSE in Opposition re #14 MOTION to Expedite Discovery (proposed order submitted) filed by All Defendants. (Kay, Harris) |
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Filing 21
ORDER GRANTING MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Thomas L. Parker on 2/5/2021. (kll)
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| Filing 20 Consent MOTION for Leave to Appear Pro Hac Vice proposed order sumbitted (Filing fee $ 150 receipt number ATNWDC-3540859) by Fearless Grain Marketing, LLC, Jeremey Frost. (Kay, Harris) |
| Filing 19 NOTICE of Appearance by Jonathan Edward Nelson on behalf of Fearless Grain Marketing, LLC, Jeremey Frost (Nelson, Jonathan) |
| Filing 18 AFFIDAVIT of Service for Summons, Complaint with Exhibits served on Jeremey Frost on January 26, 2021, filed by Indigo Ag, Inc.. (Huerter, John) |
| Filing 17 AFFIDAVIT of Service for Summons, Complaint with Exhibits served on Fearless Grain Marketing, LLC on January 26, 20201, filed by Indigo Ag, Inc.. (Huerter, John) |
| Filing 16 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; Hearing on [ECF no. 14 at Page ID 114.] Plaintiff's Motion for Emergency Expedited Discovery set for 2/8/2021 at 02:00 PM before Judge Thomas L. Parker. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Milton Knox at milton_knox@tnwd.uscorts.gov for any questions. (mlk) |
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Filing 15
ORDER Setting a Hearing on #14 Plaintiff's Motion for Emergency Expedited Discovery. Signed by Judge Thomas L. Parker on 2/3/2021. (ljt)
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| Filing 14 MOTION to Expedite Discovery (proposed order submitted) by Indigo Ag, Inc.. (Attachments: #1 Memorandum, #2 Affidavit Declaration of Daniel C. Erck, #3 Affidavit Declaration of Jack Huerter, #4 Affidavit Declaration of Adam Lazarov)(Mathis, Andre) |
| Filing 13 NOTICE of Appearance by Adam Michael Lazarov on behalf of Indigo Ag, Inc. (Lazarov, Adam) |
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Filing 12
ORDER Granting #10 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Thomas L. Parker on 1/27/2020. (ljt)
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Filing 11
ORDER Granting #9 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Thomas L. Parker on 1/25/2021. (ljt)
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3531411) by Indigo Ag, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Certificate of Good Standing)(Brown, Daniel) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3531269) by Indigo Ag, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Certificate of Good Standing)(Huerter, John) |
| Filing 8 Summons Issued as to All Defendants. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 Summons)(btg) |
| Filing 7 NOTICE of Appearance by Andre B. Mathis on behalf of Indigo Ag, Inc. (Mathis, Andre) |
| Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (btg) |
| Filing 5 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (btg) |
| Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (btg) |
| Filing 3 Judge Thomas L. Parker and Magistrate Judge Annie T. Christoff added. (btg) |
| Filing 2 NOTICE of Summons by Kathryn K. Van Namen on behalf of Indigo Ag, Inc.. (Attachments: #1 Summons)(Van Namen, Kathryn) |
| Filing 1 COMPLAINT against Fearless Grain Marketing, LLC, Jeremey Frost (Filing fee $ 402 receipt number ATNWDC-3530695), filed by Indigo Ag, Inc., Fearless Grain Marketing, LLC, Jeremey Frost. (Attachments: #1 Exhibit Ex. A - Marketing Advisor Agreement, #2 Exhibit Ex. B - FGM Marketplace Master GMA Agreement, #3 Exhibit Ex. C - Managed Pricing Program Agreement, #4 Exhibit Ex. D - Grain Transaction Commitment Agreement, #5 Exhibit Ex. E - Second Grain Transaction Commitment Agreement, #6 Exhibit Ex. F - Marketplace Volume Incentive Agreement, #7 Exhibit Ex. G - Memorandum of Understanding, #8 Civil Cover Sheet Civil Cover Sheet)(Van Namen, Kathryn) |
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