VDF FutureCeuticals, Inc. v. Freed Foods, Inc. et al
| VDF FutureCeuticals, Inc. |
| NM Residual, Inc., Freed Foods, Inc. d/b/a NurturMe, NurturMe Inc. and Freed Foods, Inc. doing business as NurturMe Inc. |
| 1:2020cv00855 |
| August 14, 2020 |
| US District Court for the Western District of Texas |
| Lee Yeakel |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 51 Certified Mail Receipt of #48 Scheduling Order, #49 Order on Motion to Withdraw as Attorney. (dm) |
| Filing 50 ANSWER to #3 First Amended Complaint by NM Residual, Inc..(Lewis, Jason) |
Filing 49
ORDER GRANTING #37 Motion to Withdraw as Attorney. Signed by Judge Lee Yeakel. (dm)
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Filing 48
SCHEDULING ORDER: Final Pretrial Conference set for 6/23/2022 at 11:00 AM before Judge Lee Yeakel, Jury Trial in the month of July 2022, ADR Report Deadline due by 8/12/2021, Amended Pleadings due by 7/30/2021, Discovery due by 12/16/2021, Joinder of Parties due by 7/30/2021, Motions due by 1/28/2022. Signed by Judge Lee Yeakel. (dm)
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| Filing 47 Proposed Scheduling Order Joint by VDF FutureCeuticals, Inc.. (Bissinger, David) |
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Filing 46
ORDER that the parties submit a Joint Proposed Scheduling Order by 5:00 PM, Austin Time, on 6/25/2021. Benjamin T. Pendroff, of Barnes & Thornburg LLP's #37 Motion to Withdraw remains pending. Signed by Judge Lee Yeakel. (jv2)
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| Filing 45 Minute Entry for proceedings held before Judge Lee Yeakel: Motion Hearing held on 6/22/2021 re #37 MOTION to Withdraw as Attorney for NurturMe, Inc. filed by NurturMe Inc. Motion remains under advisement. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(jv2) |
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Filing 44
ORDER GRANTING #40 Motion for Hearing. Telephonic Hearing on Motion to Withdraw set for 6/22/2021 at 09:30 AM before Judge Lee Yeakel, Status Conference set for 6/22/2021 at 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (dm)
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| Filing 43 RESPONSE to Motion, filed by NM Residual, Inc., re #40 MOTION for Hearing filed by Plaintiff VDF FutureCeuticals, Inc. (Attachments: #1 Proposed Order)(Lewis, Jason) |
| Filing 42 ATTACHMENT Proposed Order to #40 MOTION for Hearing by VDF FutureCeuticals, Inc.. (Bissinger, David) |
| Filing 41 DEFICIENCY NOTICE: re #40 MOTION for Status Hearing (dm) |
| Filing 40 Proposed Scheduling Order and Request/Motion for Status Conference by VDF FutureCeuticals, Inc.. (Bissinger, David) Modified on 6/7/2021 to create motion (dm). |
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Filing 39
ORDER GRANTING #38 Motion to Withdraw as Attorney. Signed by Judge Lee Yeakel. (dm)
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| Filing 38 Unopposed MOTION to Withdraw as Attorney for Defendant Nurturme, Inc., by NurturMe Inc.. (Attachments: #1 Proposed Order Granting Lucas C. Wohlford's Unopposed Motion to Withdraw as Counsel for Defendant Nurturme, Inc.)(Wohlford, Luke) |
| Filing 37 MOTION to Withdraw as Attorney for NurturMe, Inc. by NurturMe Inc.. (Attachments: #1 Proposed Order)(Pendroff, Benjamin) |
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Filing 36
ORDER ADOPTING #35 REPORT AND RECOMMENDATIONS. ORDERED that the parties meet and confer and submit an agreed proposed schedule on or before June 7, 2021. Signed by Judge Lee Yeakel. (dm)
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| Set Deadlines: Proposed Scheduling Order due by 6/7/2021. (dm) |
| Filing 35 REPORT AND RECOMMENDATIONS re #20 Motion to Dismiss filed by NurturMe Inc., #19 Motion to Dismiss for Failure to State a Claim, filed by NM Residual, Inc.. Signed by Judge Susan Hightower. (dm) |
| Motions No Longer Referred: #20 MOTION to Dismiss First Amended Complaint, #19 Motion to Dismiss for Failure to State a Claim (dm) |
| Filing 34 RESPONSE To Motion to Deny, Or In The Alternative, Defer Consideration of Defendants' Converted Motions for Summary Judgment Pursuant to Rule 56 (d) to #30 Response in Opposition to Motion, by NM Residual, Inc.. (Lewis, Jason) |
| Filing 33 BRIEF regarding #30 Response in Opposition to Motion, by NurturMe Inc.. (Pendroff, Benjamin) |
| Filing 32 NOTICE //Defendant NM Residual, Inc.'s Submission Of Additional Evidence In Support Of Converted Motion For Summary Judgment by NM Residual, Inc. re #20 MOTION to Dismiss First Amended Complaint (Attachments: #1 Affidavit Declaration of Damon Rawie with exhibits A-J)(Lewis, Jason) |
| Filing 31 NOTICE OF MATERIALS IN SUPPORT OF CONVERTED MOTION FOR SUMMARY JUDGMENT by NurturMe Inc. re #20 MOTION to Dismiss First Amended Complaint, #29 Order (Attachments: #1 Exhibit 1)(Pendroff, Benjamin) |
| Filing 30 Response in Opposition to Motion, filed by VDF FutureCeuticals, Inc., re #20 MOTION to Dismiss First Amended Complaint filed by Defendant NurturMe Inc., #19 Motion to Dismiss for Failure to State a Claim filed by Defendant NM Residual, Inc. (Attachments: #1 Affidavit Declaration in Support of Motion to Deny or Defer Converted MSJ, #2 Proposed Order)(Bissinger, David) |
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Filing 29
ORDER AND NOTICE TO PARTIES. Signed by Judge Susan Hightower. (dm)
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Filing 28
ORDER REFERRING MOTION: #20 MOTION to Dismiss First Amended Complaint filed by NurturMe Inc., #19 Motion to Dismiss for Failure to State a Claim filed by NM Residual, Inc.. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Susan Hightower. (dm)
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| Filing 27 RESPONSE in Support, filed by NurturMe Inc., re #20 MOTION to Dismiss First Amended Complaint filed by Defendant NurturMe Inc. (Wohlford, Luke) |
| Filing 26 REPLY to Response to Motion, filed by NM Residual, Inc., re #19 Motion to Dismiss for Failure to State a Claim filed by Defendant NM Residual, Inc. (Lewis, Jason) |
| Filing 25 Memorandum in Opposition to Motion, filed by VDF FutureCeuticals, Inc., re #20 MOTION to Dismiss First Amended Complaint filed by Defendant NurturMe Inc., #19 Motion to Dismiss for Failure to State a Claim filed by Defendant NM Residual, Inc. (td) |
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Filing 24
ORDER GRANTING #23 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (td)
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| Filing 23 Unopposed MOTION for Leave to Exceed Page Limitation by VDF FutureCeuticals, Inc.. (Attachments: #1 Exhibit, #2 Proposed Order)(Bissinger, David) |
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Filing 22
ORDER GRANTING #21 Motion for Extension of Time to File Response. Signed by Judge Lee Yeakel. (dm)
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| Filing 21 Joint MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss First Amended Complaint, #19 Motion to Dismiss for Failure to State a Claim by VDF FutureCeuticals, Inc.. (Attachments: #1 Proposed Order)(Bissinger, David) |
| Filing 20 MOTION to Dismiss First Amended Complaint by NurturMe Inc.. (Wohlford, Luke) |
| Filing 19 Motion to Dismiss for Failure to State a Claim by NM Residual, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit B-4, #6 Exhibit B-5, #7 Exhibit B-6, #8 Exhibit B-7, #9 Exhibit C, #10 Exhibit D, #11 Exhibit E, #12 Exhibit F-1, #13 Exhibit F-2, #14 Exhibit G, #15 Exhibit H, #16 Proposed Order)(Lewis, Jason) |
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Filing 18
ORDER GRANTING #16 Motion for Extension of Time to File Response. Signed by Judge Lee Yeakel. (dm)
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| Filing 17 RULE 7 DISCLOSURE STATEMENT filed by NurturMe Inc.. (Wohlford, Luke) |
| Filing 16 MOTION for Extension of Time to File Response/Reply to Plaintiff's First Amended Complaint by NurturMe Inc.. (Attachments: #1 Proposed Order)(Wohlford, Luke) |
| Filing 15 NOTICE of Attorney Appearance by Luke C. Wohlford on behalf of NurturMe Inc.. Attorney Luke C. Wohlford added to party NurturMe Inc.(pty:dft) (Wohlford, Luke) |
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Filing 14
ORDER GRANTING #13 Motion for Extension of Time to Answer ; NM Residual, Inc. answer due 10/22/2020. Signed by Judge Lee Yeakel. (dm)
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| Filing 13 Unopposed MOTION for Extension of Time to File Answer by NM Residual, Inc.. (Attachments: #1 Proposed Order)(Lewis, Jason) |
| Filing 12 SUMMONS Returned Executed by VDF FutureCeuticals, Inc.. NurturMe Inc. served on 9/17/2020, answer due 10/8/2020. (Bissinger, David) |
| Filing 11 SUMMONS Returned Executed by VDF FutureCeuticals, Inc.. NM Residual, Inc. served on 9/17/2020, answer due 10/8/2020. (Bissinger, David) |
| Filing 10 SUMMONS Returned Executed by VDF FutureCeuticals, Inc.. Freed Foods, Inc. served on 9/15/2020, answer due 10/6/2020. (Bissinger, David) |
| Filing 9 Summons Issued as to Freed Foods, Inc., NM Residual, Inc., NurturMe Inc.. (dm) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS by VDF FutureCeuticals, Inc.. (Bissinger, David) |
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Filing 7
ORDER GRANTING #5 Motion to Appear Pro Hac Vice W. Kyle Walther. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm)
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Filing 6
ORDER GRANTING #4 Motion to Appear Pro Hac Vice as to A. Colin Wexler. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm)
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| Filing 5 MOTION to Appear Pro Hac Vice by David Kent Bissinger for Kyle Walther ( Filing fee $ 100 receipt number 0542-13900453) by on behalf of VDF FutureCeuticals, Inc.. (Attachments: #1 Proposed Order)(Bissinger, David) |
| Filing 4 MOTION to Appear Pro Hac Vice by David Kent Bissinger for A. Colin Wexler ( Filing fee $ 100 receipt number 0542-13900431) by on behalf of VDF FutureCeuticals, Inc.. (Attachments: #1 Proposed Order)(Bissinger, David) |
| Filing 3 FIRST AMENDED COMPLAINT by VDF FutureCeuticals, Inc.. (Bissinger, David) Modified on 8/21/2020 (dm). |
| Filing 2 Pro Hac Vice Letters mailed to A. Colin Wexler and Kyle Walther. (dl) |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (dl) |
| DEMAND for Trial by Jury by VDF FutureCeuticals, Inc.. (dl) |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13866312). No Summons requested at this time, filed by VDF FutureCeuticals, Inc.. (Attachments: #1 Civil Cover Sheet)(Bissinger, David) (Attachment 1 replaced on 8/17/2020 to flatten image) (dl). |
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