Zapadinsky v. Blue Diamond Growers
| Igor Zapadinsky |
| Blue Diamond Growers |
| 2:2023cv00231 |
| February 19, 2023 |
| US District Court for the Eastern District of Wisconsin |
| J P Stadtmueller |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 26
ORDER signed by Judge J P Stadtmueller on 08/07/2023; GRANTING #11 Motion to Dismiss. IT IS FURTHER ORDERED Plaintiff's claim for unjust enrichment is DISMISSED with prejudice; IT IS FURTHER ORDERED Plaintiff's claims for monetarydamages for (1) violations of Wis. Stat. 100.20; (2) violations of the consumer protection acts of Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and Arizona; (3) breaches of express warranty, implied warranty of merchantability/fitness for a particular purpose, and the Magnuson Moss Warranty Act, 15 U.S.C. 2301; (4) negligentmisrepresentation; and (5) fraud, are DISMISSED without prejudice; IT IS FURTHER ORDERED Plaintiffs plea for injunctive relief is DISMISSED without prejudice; and IT IS FURTHER ORDERED Plaintiff may have leave to try to amend his complaint regarding the deficiencies raised in this Order, if he so chooses, within twenty-one (21) days of this Order; if he does not do so, the entire action will be dismissed, and judgment will be entered accordingly. See Order. (cc: all counsel)(bx)
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| Filing 25 NOTICE by Blue Diamond Growers Notice of Supplemental Authority in Support of Defendant Blue Diamond Growers' Motion to Dismiss with Exhibit 1 attached (Benson, Paul) |
| Filing 24 JOINT STATEMENT in Response to the Court's July 14, 2023 Order filed by Blue Diamond Growers re Text Only Order,, (Benson, Paul) Modified on 7/25/2023 (bx). |
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TEXT ONLY ORDER signed by Judge J P Stadtmueller on 7/14/2023. The Court has reviewed the briefing on #11 Defendant's motion to dismiss. Despite including Plaintiff's Wis. Stat. 100.20 claim as premised on DATCP 90.10(1) and listing the elements of the claim in #17 the proposed jury instructions, Defendant neglects to substantively brief any grounds for dismissal of that claim. The Court will therefore order that the parties submit a joint statement outlining each party's position on the claim, not to exceed five (5) double-spaced pages, on or before 7/24/2023. The joint statement should not include any arguments as to standing. (cc: all counsel) (ats)
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| Filing 23 REPLY BRIEF in Support filed by Blue Diamond Growers re #11 MOTION to Dismiss Plaintiff's Complaint . (Benson, Paul) |
| Filing 22 BRIEF in Opposition filed by Igor Zapadinsky re #11 MOTION to Dismiss Plaintiff's Complaint . (Sheehan, Spencer) |
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TEXT ONLY ORDER by Judge J P Stadtmueller on 6/6/2023. Upon consideration of #21 the parties' joint Rule 26(f) report, the Court will defer entry of a scheduling order until the motion to dismiss is adjudicated. (cc: all counsel) (ats)
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| Filing 21 Joint REPORT of Rule 26(f) Plan by Blue Diamond Growers. (Benson, Paul) |
| Filing 20 NOTICE of Appearance by Jason Kornmehl on behalf of Blue Diamond Growers. Attorney(s) appearing: Jason E. Kornmehl (Kornmehl, Jason) |
| Filing 19 NOTICE of Appearance by Colleen M Gulliver on behalf of Blue Diamond Growers. Attorney(s) appearing: Colleen M. Gulliver (Gulliver, Colleen) |
| Filing 18 DECLARATION of Colleen M. Gulliver In Compliance with Meet and Confer Requirements (Benson, Paul) |
| Filing 17 Proposed Jury Instructions by Blue Diamond Growers. (Benson, Paul) |
| Filing 16 STATEMENT OF FACT by Blue Diamond Growers Blue Diamond Growers' Contested Jurisdictional Factual Statement. (Benson, Paul) |
| Filing 15 STATEMENT OF FACT by Blue Diamond Growers Parties' Joint Jurisdictional Factual Statement. (Benson, Paul) |
| Filing 14 DECLARATION of Maya Erwin in Support of Motion to Dismiss Plaintiff's Complaint (Benson, Paul) |
| Filing 13 DECLARATION of Christian Albitz in Support of Motion to Dismiss Plaintiff's Complaint (Benson, Paul) |
| Filing 12 BRIEF in Support filed by Blue Diamond Growers re #11 MOTION to Dismiss Plaintiff's Complaint . (Benson, Paul) |
| Filing 11 MOTION to Dismiss Plaintiff's Complaint by Blue Diamond Growers. (Benson, Paul) |
| Filing 10 DISCLOSURE Statement by Blue Diamond Growers. (Benson, Paul) |
| Filing 9 NOTICE of Appearance by Paul E Benson on behalf of Blue Diamond Growers. Attorney(s) appearing: Paul E. Benson (Benson, Paul) |
| Filing 8 NOTICE of Appearance by Rollie R Hanson on behalf of Igor Zapadinsky. Attorney(s) appearing: Rollie R. Hanson (Hanson, Rollie) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Blue Diamond Growers - Waiver sent on 3/22/2023. (Sheehan, Spencer) |
| Filing 6 NOTICE of Appearance by Michael F Brown on behalf of Igor Zapadinsky. (asc) |
| Filing 5 Magistrate Judge Jurisdiction Form filed by Igor Zapadinsky. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Sheehan, Spencer) |
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Filing 4
ORDER signed by Judge J P Stadtmueller on 3/3/2023 ORDERING that Plaintiff's counsel obtain local counsel, who shall FILE an appearance within 30 days. See Order. (cc: all counsel)(jm)
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Filing 3
PRETRIAL ORDER signed by Judge JP Stadtmueller on 2/22/2023. (cc: all counsel) (ats)
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| Summons Issued as to Blue Diamond Growers. (bx) |
| NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. (bx) |
| Filing 2 DISCLOSURE Statement by Igor Zapadinsky. (Sheehan, Spencer) |
| Filing 1 COMPLAINT with Jury Demand; against Blue Diamond Growers by Igor Zapadinsky. ( Filing Fee PAID $402 receipt number AWIEDC-4330030) (Attachments: #1 Civil Cover Sheet, #2 Summons)(Sheehan, Spencer) |
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| Plaintiff: Igor Zapadinsky | |
| Represented By: | Spencer Sheehan |
| Represented By: | Michael F Brown |
| Represented By: | Rollie R Hanson |
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| Defendant: Blue Diamond Growers | |
| Represented By: | Colleen M Gulliver |
| Represented By: | Jason Kornmehl |
| Represented By: | Paul E Benson |
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