HABA Sales GmbH & Co. KG v. Gressco, Ltd.
| HABA Sales GmbH & Co. KG |
| Gressco, Ltd. |
| 3:2022cv00437 |
| August 10, 2022 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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Filing 27
** TEXT ONLY ORDER **Consistent with the parties' joint stipulation for order releasing bond filed today (dkt. #26 ), the court ORDERS RELEASE of Bond No. CSC-303249C, filed on behalf of Gressco, Ltd. pursuant to the court's August 22, 2022 Order (dkt. #21 -1). Signed by District Judge William M. Conley on 9/2/2022. (arw)
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| Filing 26 Joint Stipulation for Release of Bond by Counter Claimant Gressco, Ltd., Defendant Gressco, Ltd.. (Riebe, Ryan) |
| Filing 25 Transcript of Motion Hearing, held 8/25/2022 before Judge William M. Conley. Court Reporter: PH. Please review the court's policy regarding electronic transcripts of court proceedings: see #Electronic Transcript Instructions. (arw) |
| Filing 24 Transcript of Injunctive Hearing, held 8/23/2022 before Judge William M. Conley. Court Reporter: PH. Please review the court's policy regarding electronic transcripts of court proceedings: see #Electronic Transcript Instructions. (arw) |
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Filing 23
** TEXT ONLY ORDER **Pursuant to the parties stipulation (dkt. #22 ), this case is DISMISSED with prejudice and without costs. Signed by District Judge William M. Conley on 8/30/2022. (arw)
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| Filing 22 STIPULATION of Dismissal by Plaintiff HABA Sales GmbH & Co. KG. (Attachments: #1 Text of Proposed Order) (Mandell, Jeffrey) |
| Filing 21 Notice by Counter Claimant Gressco, Ltd., Defendant Gressco, Ltd. of Filing Temporary Restraining Order Bond. (Attachments: #1 Exhibit 1 - Preliminary Injunction Bond) (Riebe, Ryan) |
| Set Pretrial Conference: Telephone Pretrial Conference set for 9/27/2022 at 2:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. #Standing Order Governing Preliminary Pretrial Conference attached. (arw) |
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Filing 20
** TEXT ONLY ORDER **The court held a hearing on defendant's motion for temporary restraining order (dkt. #16 ). Consistent with that hearing, the court enters a temporary restraining order enjoining HABA from terminating the Dealership Agreement between now and September 14, 2022, or such earlier time that the court has an opportunity to consider HABA's response to Gressco's motion and enter an order on the motion. In addition, this order will be vacated unless defendant Gressco posts a $200,000 bond no later than Monday, August 29, 2022. Signed by District Judge William M. Conley on 8/25/2022. (arw)
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| Filing 19 Minute Entry for proceedings held before District Judge William M. Conley: Motion Hearing held on 8/25/2022 re #16 Motion for TRO filed by Gressco, Ltd. [:23] (Court Reporter PH.) (jat) |
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Filing 18
** TEXT ONLY ORDER ** The court will hold a hearing on 8/25/2022 by Zoom video conference. The court will send invitations by email to counsel. All participants are reminded that video or audio recordings of the proceedings are strictly prohibited. A guide to participating in Zoom video hearings can be found #here. Signed by District Judge William M. Conley on 8/25/2022. (arw)
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| Filing 17 Notice by Plaintiff HABA Sales GmbH & Co. KG Letter to Court. (Mandell, Jeffrey) |
| Filing 16 Notice by Counter Claimant Gressco, Ltd., Defendant Gressco, Ltd. re #8 Motion for Temporary Restraining Order and Preliminary Injunction, 14 Order on Motion for TRO. (Newbold, Joseph) Modified on 8/25/2022: Exhibit A attached. E-mail sent to counsel. (lak) |
| Set Deadlines and Hearings re: #16 Letter to the Court, #17 Letter to the Court: Hearing set for 8/25/2022 at 4:00 PM by Zoom video conference. (arw/mfh) |
| Filing 15 Minute Entry for proceedings held before District Judge William M. Conley: Scheduling Hearing held on 8/23/2022 re #8 Motion for Temporary Restraining Order and Preliminary Injunction filed by Gressco, Ltd. [:12] (Court Reporter PH.) (jat) |
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Filing 14
** TEXT ONLY ORDER **Plaintiff's response to the pending motion for TRO (dkt. #8 ) is due August 30, 2002. If necessary, the court will hold an in-court hearing on September 14, 2002, at 9:00 AM. Signed by District Judge William M. Conley on 8/32/2022. (arw)
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| Filing 13 Notice of Appearance filed by Joseph Dexter Newbold, II for Counter Claimant Gressco, Ltd., Defendant Gressco, Ltd.. (Newbold, Joseph) |
| Set Deadlines and Hearings re: #8 Motion for Temporary Restraining Order and Preliminary Injunction by Defendant Gressco, Ltd. #Procedure to be followed on Motions for Injunctive Relief attached. Injunctive Hearing set for 8/23/2022 at 4:00 PM by Zoom video conference. (arw/mfh) |
| Filing 12 Proposed Findings of Fact filed by Counter Claimant Gressco, Ltd., Defendant Gressco, Ltd. re: #8 Motion for TRO. (Riebe, Ryan) Modified on 8/23/2022. (lak) |
| Filing 11 Declaration of Joseph D. Newbold filed by Counter Claimant Gressco, Ltd., Defendant Gressco, Ltd. in Support re: #8 Motion for TRO (Attachments: #1 Exhibit A - June 9, 2022 Letter from Attorney Newbold to HABA, #2 Exhibit B - June 24, 2022 Letter, #3 Exhibit C - August 10, 2022 Letter from Stafford Rosenbaum to Attorney Newbold, #4 Exhibit D - August 22, 2022 Letter from Attorney Newbold to Mandell) (Riebe, Ryan) Modified on 8/23/2022. (lak) |
| Filing 10 Declaration of Robert Childers filed by Counter Claimant Gressco, Ltd., Defendant Gressco, Ltd. in Support re: #8 Motion for TRO (Attachments: #1 Exhibit A - Dealership Agreement with 2018 Amendment, #2 Exhibit B - Pipeline Report, #3 Exhibit C - Germany Itinerary Email Correspondence, #4 Exhibit D - May 18, 2022 Letter from HABA to Childers) (Riebe, Ryan) Modified on 8/23/2022. (lak) |
| Filing 9 Brief in Support of #8 Motion for TRO and Preliminary Injunction by Counter Claimant Gressco, Ltd., Defendant Gressco, Ltd. (Riebe, Ryan) Modified on 8/23/2022. (lak) |
| Filing 8 Motion for Temporary Restraining Order and Preliminary Injunction by Defendant Gressco, Ltd. (Riebe, Ryan) Modified on 8/23/2022. (lak) |
| Filing 7 ANSWER with Jury Demand, COUNTERCLAIM against HABA Sales GmbH & Co. KG by Gressco, Ltd., (Attachments: #1 Exhibit A - Dealership Agreement with 2018 Amendment, #2 Exhibit B - May 18, 2022 Letter from HABA to Childers, #3 Exhibit C - June 9, 2022 Letter from Attorney Newbold to HABA, #4 Exhibit D - June 24, 2022 Letter from HABA to Attorney Newbold, #5 Exhibit E - August 10, 2022 Letter from Stafford Rosenbaum to Attorney Newbold, #6 Exhibit F - August 22, 2022 Letter from Attorney Newbold to Mandell) (Riebe, Ryan) Modified on 8/23/2022. (lak) |
| Filing 6 Notice of Appearance filed by Ryan J. Riebe for Defendant Gressco, Ltd. (Riebe, Ryan) Modified on 8/23/2022. (lak) |
| Filing 5 Notice of Appearance filed by Rachel Elizabeth Snyder for Plaintiff HABA Sales GmbH & Co. KG. (Snyder, Rachel) |
| Filing 4 Notice of Appearance filed by Isaac Stern Brodkey for Plaintiff HABA Sales GmbH & Co. KG. (Brodkey, Isaac) |
| Filing 3 Summons Issued as to Gressco, Ltd. (lak) |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak) |
| Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) |
| Filing 2 Corporate Disclosure Statement by Plaintiff HABA Sales GmbH & Co. KG. (Mandell, Jeffrey) |
| Filing 1 COMPLAINT against Gressco, Ltd. ( Filing fee $ 402 receipt number AWIWDC-3105381.), filed by HABA Sales GmbH & Co. KG (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons, #3 Exhibit A - Agreement and 2018 Supplement, #4 Exhibit B - 5/18/22 Letter, #5 Exhibit C - 6/9/22 Letter, #6 Exhibit D - 6/24/22 Letter, #7 Exhibit E - 8/10/22 Notice) (Mandell, Jeffrey) Modified on 8/11/2022. (lak) |
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| Plaintiff: HABA Sales GmbH & Co. KG | |
| Represented By: | Jeffrey Adam Mandell |
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| Defendant: Gressco, Ltd. | |
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