Phibro Biodigester v. Murphy-Brown LLC
| Phibro Biodigester |
| Murphy-Brown LLC doing business as Smithfield Foods |
| 4:2022cv00050 |
| August 8, 2022 |
| US District Court for the District of Utah |
| Paul Kohler |
| Robert J Shelby |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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Filing 65
ORDER granting #63 Motion for Extension of Time to File Response - Defendant Murphy-Brown has up to and including Tuesday, October 18, 2022, to respond to the #51 Amended Complaint. Signed by Magistrate Judge Paul Kohler on 10/05/2022. (jl)
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Filing 64
DOCKET TEXT ORDER granting #57 Motion for Leave to File Overlength Motion for Preliminary Injunction. Signed by Judge Robert J. Shelby on October 4, 2022. No attached document. (mwj)
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Filing 63
Stipulated MOTION for Extension of Time to File Response/Reply to the #51 Amended Complaint filed by Defendant Murphy-Brown LLC. (Attachments: #1 Proposed Order) Motions referred to Paul Kohler.(Nate, Austin) Modified by linking to document on 10/5/2022 (jl).
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Filing 62
Motions No Longer Referred: #59 Plaintiff's MOTION for Leave to File Sealed Document re #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support , #57 Ex Parte (Not Sealed) MOTION for Leave to File Overlength Motion for Preliminary Injunction and Memorandum in Support and Memorandum in Support (chambers)
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Filing 61
Supplemental AFFIDAVIT/DECLARATION of Simon T.W. Greenshields in Support re #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Exhibit 1 - ARMSA, #2 Exhibit 2 - Sept. 20, 2022 Email)(Christiansen, Erik)
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Filing 60
**SEALED DOCUMENT** re #59 Plaintiff's MOTION for Leave to File Sealed Document re #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support , #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro BiodigesterNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit B -- Under Seal, #2 Exhibit C -- Under Seal, #3 Exhibit D -- Under Seal, #4 Exhibit E -- Under Seal, #5 Exhibit F -- Under Seal, #6 Exhibit G -- Under Seal, #7 Exhibit M -- Under Seal, #8 Exhibit N -- Under Seal)(Christiansen, Erik)
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Filing 59
Plaintiff's MOTION for Leave to File Sealed Document re #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Under Seal Certain Exhibits to Plaintiff's Motion for Preliminary Injunction and Memorandum in Support) Motions referred to Paul Kohler.(Christiansen, Erik)
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Filing 58
Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Christiansen, Erik)
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Filing 57
Ex Parte (Not Sealed) MOTION for Leave to File Overlength Motion for Preliminary Injunction and Memorandum in Support and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Text of Proposed Order Granting Phibro's Motion for Leave to File Overlength Motion for Preliminary Injunction and Memorandum in Support) Motions referred to Paul Kohler.(Christiansen, Erik)
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Filing 56
ORDER granting #55 Stipulated Motion to Extend the Deadline to Answer the Amended Complaint: Defendant Murphy-Brown, LLC has up to and including Tuesday, October 4, 2022 to file an Answer to the Amended Complaint. Signed by Magistrate Judge Paul Kohler on 9/27/22. (dla)
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Filing 55
Stipulated MOTION for Extension of Time to File Answer re #51 Amended Complaint, filed by Defendant Murphy-Brown LLC. (Attachments: #1 Text of Proposed Order)(Nate, Kennedy)
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Filing 53
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for TRO and/or Preliminary Injunction held on 8/29/22 before Judge Robert J. Shelby. Court Reporter/Transcriber Kelly Brown Hicken, RPR, RMR, Telephone number (801) 521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2022. Redacted Transcript Deadline set for 10/26/2022. Release of Transcript Restriction set for 12/13/2022. (dla)
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Filing 52
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for TRO and/or Preliminary Injunction held on 8/26/22 before Judge Robert J. Shelby. Court Reporter/Transcriber Kelly Brown Hicken, RPR, RMR, Telephone number (801) 521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2022. Redacted Transcript Deadline set for 10/26/2022. Release of Transcript Restriction set for 12/13/2022. (dla)
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Filing 51
AMENDED COMPLAINT against All Defendants. filed by Phibro Biodigester. (Attachments: #1 Exhibit A - ARMSA, #2 Exhibit B - Alpental MSA, #3 Exhibit C - Blue Mountain Lease Agreement, #4 Exhibit D - Blue Mountain First Amended Lease Agreement, #5 Exhibit E - MSA, #6 Exhibit F - Court Order, #7 Exhibit G - Termination Letter) (Christiansen, Erik)
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Filing 50
NOTICE OF HEARING: (Notice generated by DLA) Hearing on Motion for Preliminary Injunction set for 10/17/2022 at 09:00 AM in Rm 3.100 before Judge Robert J. Shelby. (dla)
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Filing 49
ORDER granting #47 Joint Scheduling Order for Expedited Discoveryand Preliminary Injunction Hearing: The hearing on Phibro's motion for a preliminary injunction on October 17, 2022 will be held in-person commencing at 9:00 am in courtroom 3.100 at the Orrin G. Hatch United States Courthouse located at 351 South West Temple, Salt Lake City, Utah 84101. Signed by Judge Robert J. Shelby on 9/6/22. (dla)
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Filing 47
STIPULATION re 43 Notice of Hearing on Motion, Joint Scheduling Order for Expedited Discovery and Preliminary Injunction Hearing by Phibro Biodigester. (Attachments: #1 Text of Proposed Order Granting Joint Scheduling Order for Expedited Discovery and Preliminary Injunction Hearing)(Christiansen, Erik) Modified by correcting event type on 9/6/2022 (dla).
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Filing 46
DOCKET TEXT ORDER granting #44 Motion for Extension of Time. Having reviewed the Ex Parte Motion to Clerk of the Court to Extend Time to Respond to Complaint Pursuant to DUCivR 77-2(a)(1), and good cause appearing, the Court hereby GRANTS the Motion. Defendant Murphy-Brown, LLC d/b/a Smithfield Foods Inc. shall have until and including September 15, 2022 to answer, reply, or otherwise plead in response to the Complaint. Signed by Judge Robert J. Shelby on 8/31/2022. No attached document. (chambers)
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Filing 45
REFUND REQUEST FOR re #2 Complaint, filed by Christiansen, Erik.Authorized refunds for credit card or debit card payments will be processed through Pay.gov. Authorized refunds of ACH payments will be issued by check through the U.S. Treasury. A waiting period of up to 30 days may be required before your request is approved. If you have not received your refund after 40 days, please contact the clerk's office and ask to speak someone in the finance department. (Christiansen, Erik)
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Filing 44
Ex Parte (Not Sealed) MOTION for Extension of Time to Respond to Complaint Pursuant to DUCivR 77-2(a)(1) filed by Defendant Murphy-Brown LLC. (Attachments: #1 Text of Proposed Order)(Straight, Samuel)
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Filing 48
Minute Order. ZOOM Proceedings held before Judge Robert J. Shelby: Motion Hearing/Oral Ruling held via ZOOM on 8/29/2022 re: #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support filed by Phibro Biodigester. For the reasons stated on the record, the court DENIES docket entry #3 MOTION for Temporary Restraining Order. Plaintiff's counsel requested to proceed with the Preliminary Injunction motion. Counsel will meet and confer then submit a proposed scheduling order. If counsel can not stipulate a proposed scheduling order, they will submit competing proposed orders by 8/30. Written Order to follow oral order: No. Attorney for Plaintiff: Erik Christiansen, Alan Mouritsen,, Attorney for Defendant Sam Straight. Court Reporter: Kelly Hicken.(mjm)
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Filing 43
NOTICE OF ZOOM HEARING ON MOTION re: #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by Mary Jane McNamee) ZOOM Oral Ruling/Motion Hearing set for 8/29/2022 at 04:45 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. ZOOM instructions will be emailed to counsel. (mjm)
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Filing 42
Minute Entry for ZOOM proceedings held before Judge Robert J. Shelby: Motion Hearing held via ZOOM on 8/29/2022, re: #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support filed by Phibro Biodigester. The court hears argument and takes the matter under advisement. Counsel will be contacted to set a ZOOM hearing for an oral ruling. Attorney for Plaintiff: Erik Christiansen, Alan Mouritsen,, Attorney for Defendant: Sam Straight. Court Reporter: Kelly Hicken.(mjm)
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Filing 41
Supplemental BRIEF of Authority in Response to Court Order filed by Defendant Murphy-Brown LLC. (Nate, Kennedy)
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Filing 40
Supplemental BRIEF re 39 Motion Hearing,,, Supplemental Briefing for Plaintiff's Motion for TRO and Preliminary Injunction filed by Plaintiff Phibro Biodigester. (Christiansen, Erik)
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Filing 39
Minute Entry for proceedings held before Judge Robert J. ShelbyCounsel, court, and court reporter present by Zoom video conference. Argument heard on the plaintiff's motion for TRO and preliminary injunction. Court invited counsel to provide supplemental authority by 4:00 p.m., Saturday, 8/27/2022. Court will resume with argument on Monday, 8/29/2022 at 9:00 a.m. by Zoom video conference.Court adjourned.Motion Hearing held on 8/26/2022 re #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support filed by Phibro Biodigester. Attorney for Plaintiff: Erik Christiansen, Attorney for Defendant: Samuel Straight. Court Reporter: Kelly Hicken.(Time Start: 3:00, Time End: 5:20, Room Video Conference.)(asb)
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Filing 38
Response to Objections BRIEF re #36 Objections to Rebuttal Declaration of Simon T.W. Greenshields and Rebuttal Declaration of Brady Olson filed by Plaintiff Phibro Biodigester. (Christiansen, Erik)
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Filing 36
OBJECTIONS to #33 Reply Memorandum/Reply to Response to Motion, #34 Affidavit/Declaration in Support of Motion,, #35 Affidavit/Declaration in Support of Motion, filed by Murphy-Brown LLC. (Nate, Kennedy)
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Filing 37
Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held via ZOOM on 8/25/2022. The court heard from counsel. Discussion held on docket entry #27 NOTICE of Intent to Call Live Witness Testimony at the TRO and #28 Defendant's OBJECTIONS to 27 Notice. Counsel reports that they have reached an agreement and will be filing a Joint Statement of Undisputed Facts shortly. Parties agree to start with argument for tomorrow's hearing. Court adjourns: Attorney for Plaintiff: Erik Christiansen, Attorney for Defendant: Kennedy Nate. Court Reporter: Kelly Sommerville.(pjd)
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Filing 35
AFFIDAVIT/DECLARATION of Brady Olson in Support re #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Exhibit A - Alpental MSA, #2 Exhibit B - ARMSA, #3 Exhibit C - March 28, 2012 MOC Notification Letter)(Christiansen, Erik)
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Filing 34
Supplemental AFFIDAVIT/DECLARATION of Simon T.W. Greenshields in Support re #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Exhibit A - ARMSA, #2 Exhibit B - April 1, 2022 Email, #3 Exhibit C - Uncontested Barns Letter, #4 Exhibit D - August 21, 2021 Email, #5 Exhibit E - Termination Letter, #6 Exhibit F - 2019 Groundwater Discharge Permit, #7 Exhibit G - 2017 Groundwater Discharge Report and Application For Pinnacle Finisher Sites, #8 Exhibit H - Blue Mountain Pipeline Diagram)(Christiansen, Erik)
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Filing 33
REPLY to Response to Motion re #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Christiansen, Erik)
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Filing 32
ORDER granting #31 Motion for Leave to File Signed by Judge Robert J. Shelby on 8/25/2022. (chambers)
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Filing 31
Ex Parte (Not Sealed) MOTION for Leave to File Overlength Reply Memorandum in Support of Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Exhibit Proposed Order Granting Plaintiff's Ex Parte Motion for Leave to File OL Reply Memorandum in Support of Motion for TRO and/or Preliminary Injunction)(Christiansen, Erik)
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Filing 30
NOTICE of Joint Statement of Undisputed Facts by Phibro Biodigester re #27 Notice (Other), #28 Objections (Christiansen, Erik)
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Filing 29
NOTICE OF HEARING: Status Conference set for 8/25/2022 at 10:30 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. The court will e-mail Zoom hearing instructions to counsel and the court reporter. Members of the public or media who wish to attend should contact utdecf_shelby@utd.uscourts.gov to request hearing instructions. (tcs)
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Filing 28
Defendant's OBJECTIONS to #27 Notice (Other) To Call Live Witness Testimony at the Temporary Restraining Order and/or Preliminary Injunction Hearing filed by Murphy-Brown LLC. (Nate, Kennedy)
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Filing 27
NOTICE of Intent to Call Live Witness Testimony at the TRO and/or Preliminary Injunction Hearing by Phibro Biodigester re 20 Status Conference,,,,,, Set Motion and R&R Deadlines/Hearings,,,,, (Christiansen, Erik)
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Filing 26
MEMORANDUM in Opposition re #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Murphy-Brown LLC. (Attachments: #1 Exhibit 1 - Declaration of James W. Webb, #2 Exhibit 2 - Order Denying Motion for TRO, #3 Exhibit 3 - Transcript of Hearing on Motion for TRO)(Straight, Samuel)
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Filing 25
DOCKET TEXT ORDER granting #24 Motion for Leave to File Excess Pages. Based on Defendant Murphy-Brown, LLCs Ex Parte Motion for Leave to File Overlength Opposition to Motion for Temporary Restraining Order and/or Preliminary Injunction, and good cause appearing,IT IS HEREBY ORDERED that Defendant Murphy-Brown, LLC may file an overlength Opposition to Motion for Temporary Restraining Order and/or Preliminary Injunction consisting of a combined total of 35 pages of fact and argument. Signed by Judge Robert J. Shelby on 8/22/22. No attached document. (chambers)
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Filing 24
Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages re: Opposition to Motion for Temporary Restraining Order and/or Preliminary Injunction filed by Defendant Murphy-Brown LLC. (Attachments: #1 Text of Proposed Order)(Straight, Samuel)
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Filing 23
Second AFFIDAVIT/DECLARATION of Tom Zogas in Support re #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Christiansen, Erik)
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Filing 22
NOTICE OF ZOOM HEARING ON MOTION re: #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by Mary Jane McNamee) ZOOM Motion Hearing set for 8/26/2022 at 02:30 PM before Judge Robert J. Shelby. EVIDENTIARY HEARING WILL BE HELD VIA ZOOM AND NOT IN PERSON. ZOOM Instructions will be emailed to counsel. (mjm)
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Filing 21
NOTICE of Appearance by Kennedy D. Nate on behalf of Murphy-Brown LLC (Nate, Kennedy)
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Magistrate Judge Paul Kohler added per 16 Order Referring Case. Motions referred to Paul Kohler.(nl)
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Filing 20
Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held via ZOOM on 8/15/2022. The court heard from counsel. The following dates/deadline set: Plaintiff will file affidavits of witnesses that will testify at the evidentiary hearing, no later than 8/18/2022. Defendant to file affidavit/declarations of witnesses that will testify at the evidentiary hearing in rebuttal, no later than 8/22/2022. The court sets an in person evidentiary hearing re: docket entry #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support for 8/26/2022 at 02:30 PM in Rm 3.100. If counsel will have witnesses to give testimony, the hearing will be held in person. If counsel will not call witnesses, oral argument will be held via ZOOM. If the hearing does not conclude on Friday, 8/26/2022, the hearing will continue at 9:00 a.m. on Monday, 8/29/2022. If a motion to dismiss is filed and rec'd by 8/22/2022, a memo in opposition is due by 8/25/2022. The court requests notification, if testimony/argument will be concluded by Friday 8/26/2022. Attorney for Plaintiff: Erik Christiansen, Alan Mouritsen; Attorney for Defendant: Sam Straight. Court Reporter: Ed Young.(mjm) Modified on 8/16/2022 (mjm).
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Filing 19
NOTICE of Appearance by Austin Nate on behalf of Murphy-Brown LLC (Nate, Austin)
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Filing 18
NOTICE of Appearance by Whitney Hulet Krogue on behalf of Murphy-Brown LLC (Krogue, Whitney)
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Filing 17
NOTICE of Appearance by Samuel C. Straight on behalf of Murphy-Brown LLC (Straight, Samuel)
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Filing 16
ORDER REFERRING CASE to under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Magistrate Judge Paul Kohler on 8/15/2022. (mjm)
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Filing 15
AFFIDAVIT OF SERVICE for Copy of the Complaint, the Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum in Support, the Declaration of Simon T.W. Greenshields, the Declaration of Tom Zogas, the Summons, the Docket Text Order of Recusal, the Notice of Zoom Hearing and Instructions, the Courts Order, and the Courts Amended Order served on Murphy-Brown LLC d/b/a Smithfield Foods, Inc. on August 11, 2022, filed by Plaintiff Phibro Biodigester. (Christiansen, Erik)
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Filing 14
AFFIDAVIT OF SERVICE for Copy of the Complaint, the Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum in Support, the Declaration of Simon T.W. Greenshields, the Declaration of Tom Zogas, the Summons, the Docket Text Order of Recusal, the Notice of Zoom Hearing and Instructions, the Courts Order, and the Courts Amended Order served on Murphy-Brown LLC d/b/a Smithfield Foods, Inc. on August 11, 2022, filed by Plaintiff Phibro Biodigester. (Christiansen, Erik)
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Filing 13
**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Murphy-Brown, LLC dba Smithfield Foods, Inc. served on CT Corp on 8/11/22, filed by Plaintiff Phibro Biodigester., AFFIDAVIT OF SERVICE for Email of Notice of Zoom meeting for 8-15-22 served on CT Corp on 8/11/22, filed by Plaintiff Phibro Biodigester. (Christiansen, Erik)
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Filing 12
AFFIDAVIT OF SERVICE for Order, Amended Order and Notice of Zoom Hearing served on CT Corp on 08/09/2022, filed by Plaintiff Phibro Biodigester. (Christiansen, Erik)
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Filing 11
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Phibro Biodigester as to All Defendants. (Christiansen, Erik)
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Filing 10
AMENDED ORDER: The court hereby notifies the parties that a status and scheduling conference will be held on the Motion on Monday, August 15, 2022, at 3:30 pm via Zoom. Parties may obtain Zoom information by calling Mary Jane McNamee at 801.524.6790, or emailing her at mary_jane_mcnamee@utd.uscourts.gov. Signed by Judge Robert J. Shelby on 8/9/22. (dla)
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Filing 9
ORDER: A status and scheduling conference will be held on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction on Monday, August 15, 2022, at 3:30 pm via Zoom before Judge Robert J. Shelby. Parties may obtain Zoom information by calling Mary Jane McNamee at 801.524.6790, or emailing her at mary_jane_mcnamee@utd.uscourts.gov. Signed by Judge Robert J. Shelby on 8/9/22. (dla)
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Filing 8
NOTICE OF ZOOM HEARING: (Notice generated by Mary Jane McNamee) ZOOM Status Report and Scheduling Conference set for 8/15/2022 at 3:30 PM before Judge Robert J. Shelby. ZOOM Instructions will be emailed to counsel. Plaintiff's counsel is ordered to furnish the ZOOM link to opposing counsel. (mjm)
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Filing 7
DOCKET TEXT ORDER OF RECUSAL: Judge David Nuffer recused. Case reassigned to Judge Robert J. Shelby for all further proceedings - case number is now 4:22cv00050 RJS. Signed by Judge David Nuffer on 8/8/22 (alt)
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Filing 6
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Murphy-Brown LLC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 5
AFFIDAVIT/DECLARATION of Tom Zogas in Support re #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Exhibit Exhibit 1 - Myers Letter, #2 Exhibit Exhibit 2 - Marshall Letter, #3 Exhibit Exhibit 3 - Emails to Greenshields, #4 Exhibit Exhibit 4 - Coombs Letter, #5 Exhibit Exhibit 5 - August 3 Email)(Christiansen, Erik)
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Filing 4
AFFIDAVIT/DECLARATION of Simon T.W. Greenshields in Support re #3 MOTION for Temporary Restraining Order and Memorandum in Support and MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Exhibit Exhibit 1 - ARMSA, #2 Exhibit Exhibit 2 - Alpental MSA, #3 Exhibit Exhibit 3 - Blue Mountain Lease, #4 Exhibit Exhibit 4 - Blue Mountain First Amended Lease, #5 Exhibit Exhibit 5 - BM Biogas MSA, #6 Exhibit Exhibit 6 - Construction Financing Agreement, #7 Exhibit Exhibit 7 - Consent Agreement, #8 Exhibit Exhibit 8 - Approval Motion, #9 Exhibit Exhibit 9 - Approval Order, #10 Exhibit Exhibit 10 - Greenshields Declaration in Support of Receivership Sale, #11 Exhibit Exhibit 11 - Assignment and Assumption Agreement, #12 Exhibit Exhibit 12 - Finishing Inventory Report, #13 Exhibit Exhibit 13 - June 29 Email, #14 Exhibit Exhibit 14 - July 2 Email)(Christiansen, Erik)
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Filing 3
MOTION for Temporary Restraining Order and Memorandum in Support and, MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Exhibit A - Beaver County Transcript)(Christiansen, Erik)
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Filing 2
COMPLAINT against Murphy-Brown LLC (Filing fee $ 402, receipt number AUTDC-4410906 038818) filed by Phibro Biodigester. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - ARMSA, #3 Exhibit B - Alpental MSA, #4 Exhibit C - Blue Mountain Lease, #5 Exhibit D - Blue Mountain First Amended Lease, #6 Exhibit E - BM Biogas MSA, #7 Exhibit F - Approval Order) Assigned to Judge David Nuffer (Christiansen, Erik) Modified on 8/30/2022 to correct receipt number (nl).
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Filing 1
Case has been indexed and assigned to Judge David Nuffer. Plaintiff Phibro Biodigester is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402. by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (ks)
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