E.O. Johnson Company, Inc. v. Duplo U.S.A. Corporation
| E.O. Johnson Company, Inc. |
| Duplo U.S.A. Corporation |
| 3:2021cv00266 |
| April 20, 2021 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Pursuant to Fed. R. Civ. P. 41(a)(1), this case is closed without further order of the court. (voc/bw) |
| Filing 12 STIPULATION of Dismissal (Wolf, Kevin) |
Filing 11
** TEXT ONLY ORDER **ORDER granting #10 Motion for Extension of Time on All Pending Deadlines. Signed by Magistrate Judge Stephen L. Crocker on 5/7/2021. (rks)
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| Filing 10 Stipulated Motion for Extension of Time on All Pending Deadlines by Defendant Duplo U.S.A. Corporation. Motions referred to Magistrate Judge Stephen L. Crocker. (Snyder, Rachel) |
| Set/Reset Briefing Deadlines as to #7 MOTION FOR PRELIMINARY INJUNCTION. Response due 5/10/2021. (rks) |
| Filing 9 Proposed Findings of Fact filed by Plaintiff E.O. Johnson Company, Inc. re: #7 Motion for Preliminary Injunction (Wolf, Kevin) |
| Filing 8 Affidavit of Christopher Fullarton filed by Plaintiff E.O. Johnson Company, Inc. re: #7 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 - Photo of a Typical High Volume Line, #2 Exhibit 2 - EOJ's Monthly Budget for 2021 for the Production Division, #3 Exhibit 3 - Alphabetical List of EOJ's Duplo Customers, #4 Exhibit 4 - EOJ's Financial Revenue Related to Duplo Products, #5 Exhibit 5 - Chart Showing EOJ's Duplo Hardware Sales for the Years 2017-2020, #6 Exhibit 6 - Listing of EOJ's Duplo Proposals Since January of 2018, #7 Exhibit 7 - Screen Shots form EOJ's Website, #8 Exhibit 8 - Screen Shots from the Website Video, #9 Exhibit 9 - Photo of EOJ's Customer Experience Center in Eau Claire, WI, #10 Exhibit 10 - Photos of Duplo Equipment as Displayed in EOJ's Customer Experience Center, #11 Exhibit 11 - List of EOJ's Authorized Duplo Technicians) (Wolf, Kevin) Modified on 4/30/2021: Added exhibit descriptions. Detailed e-mail sent to counsel. (lak) |
| Filing 7 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff E.O. Johnson Company, Inc.. (Attachments: #1 Proposed Preliminary Injunction Order) (Wolf, Kevin) |
| Filing 6 Corporate Disclosure Statement by Plaintiff E.O. Johnson Company, Inc.. (Wolf, Kevin) |
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Filing 5
** TEXT ONLY ORDER ** Defendant Duplo U.S.A. Corporation recently removed this case from Marathon County Circuit Court to this court, invoking federal diversity jurisdiction under 28 U.S.C. 1332(a). At the same time plaintiff E.O. Johnson Company, Inc., filed its complaint in state court, this court notes that plaintiff also filed a motion for temporary injunction and temporary restraining order, seeking to enjoin defendant's termination of plaintiff's dealership. (Dkt. #3 - #7 .) That motion must be DENIED at this time because plaintiff has failed to demonstrate a likelihood of success in proving the existence of an actual "community of interest" with the defendant as required by the Wisconsin Fair Dealership Law (e.g., percentage of gross proceeds or profits derived from Duplo's products or service, any grant of territory, use of Duplo's proprietary marks, financial investments unique to Duplo's product or services, including advertising, promotional expense and devoted personnel). However, should plaintiff wish to convert the present motion to one for preliminary injunction, it may supplement its filings on or before April 29, 2021, with formal, proposed findings of fact consistent with this court's #Procedure to be followed on Motions for Injunctive Relief establishing the essential facts suggesting a community of interest. See WIS. JI-CIVIL 2769 (2020). Should plaintiff do so, defendant may then have until May 10, 2021, to file its opposition, including responses to plaintiff's memorandum and proposed findings of fact. After reviewing the parties' submissions, the court will schedule a hearing, if necessary. Signed by District Judge William M. Conley on 4/23/2021. (rks)
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| Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (rks) |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (rks) |
| Filing 4 Notice of Appearance filed by Rachel Elizabeth Snyder for Defendant Duplo U.S.A. Corporation. (Snyder, Rachel) |
| Filing 3 NOTICE OF REMOVAL from Marathon County Circuit Court, case number 21CV208. ( Filing fee $ 402 receipt number 0758-2862139), filed by Duplo U.S.A. Corporation. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Exhibit Marathon Co.--Summons and Complaint, #3 Exhibit Marathon Co.--Ex. A to Summons and Complaint, #4 Exhibit Marathon Co.--Aff. of Dave Greene, #5 Exhibit Marathon Co.--Ex. A to Greene Aff, #6 Exhibit Marathon Co.--Aff. of Kevin Wolfe, #7 Exhibit Marathon Co.--Notice and Motion for TRO, #8 Exhibit Marathon Co.--Letter and Supp. Greene Aff.) (Mandell, Jeffrey) |
| Filing 2 Corporate Disclosure Statement by Defendant Duplo U.S.A. Corporation. (Mandell, Jeffrey) |
| Filing 1 Disregard. To be refiled. Modified on 4/20/2021. (lak) |
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| Plaintiff: E.O. Johnson Company, Inc. | |
| Represented By: | Kevin E. Wolf |
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| Defendant: Duplo U.S.A. Corporation | |
| Represented By: | Rachel Elizabeth Snyder |
| Represented By: | Jeffrey Adam Mandell |
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