Koenecke Equipment, Inc. v. AGCO Corporation
| Koenecke Equipment, Inc. |
| AGCO Corporation |
| 3:2022cv00465 |
| August 25, 2022 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Contract: Franchise |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 9
** TEXT ONLY ORDER ** Three days after defendant filed a motion to compel arbitration, Dkt. #5 , the parties filed a joint motion in which they agreed that arbitration is required, and they asked to stay the case while the arbitration proceeds. Dkt. #6 . But this court's general practice is to dismiss the case without prejudice if all of the claims will be arbitrated. See Rock Hemp Corp. v. Dunn, No. 21-cv-408-jdp, 2021 WL 5811226, at *7 (W.D. Wis. Dec. 7, 2021). So the motion to compel arbitration is GRANTED and the case is DISMISSED without prejudice pending resolution of the arbitration proceedings. If either side wishes to confirm or challenge the arbitration decision at the conclusion of the proceedings, that party may move to reopen the case then. Signed by District Judge James D. Peterson on 9/29/2022. (rks)
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| Filing 8 Status Report (Joint) re: anticipated timeline for completing arbitration by Plaintiff Koenecke Equipment, Inc. (Norman, Paul) |
| Judge update in case. Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak) |
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Filing 7
** TEXT ONLY ORDER ** The court will grant the parties' joint motion to stay proceedings upon the filing of (1) the parties' report whether they consent to magistrate judge jurisdiction, and (2) the parties' report of their anticipated timeline for completing arbitration, as an FYI to the court. Signed by Magistrate Judge Stephen L. Crocker on 9/26/2022. (rks)
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| Filing 6 Joint Motion to Stay Pending Arbitration by Plaintiff Koenecke Equipment, Inc.. Response due 10/3/2022. (Norman, Paul) |
| Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 10/27/2022 at 02:30 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] (rks) |
| Action Requested: If you have not already provided your #Consent to Magistrate/Request for Reassignment form, please do so by 9/28/2022. (lak) |
| Filing 5 MOTION TO DISMISS and Compel Arbitration and Incorporated Memorandum of Law in Support thereof by Defendant AGCO Corporation. Brief in Opposition due 9/28/2022. Brief in Reply due 10/11/2022. (Carroll, Steven) |
| Filing 4 Corporate Disclosure Statement by Plaintiff Koenecke Equipment, Inc.. (Horner, Sarah) |
| Filing 3 Corporate Disclosure Statement by Defendant AGCO Corporation. (Carroll, Jake) |
| Filing 2 Disregard. Modified on 8/25/2022. (lak) |
| Filing 1 NOTICE OF REMOVAL from Sauk County Circuit Court, case number 2022CV000320. ( Filing fee $ 402 receipt number AWIWDC-3113257), filed by AGCO Corporation. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Exhibit A - State Court Action Complaint and Summons, #3 Exhibit B - Plaintiff's Notice of Motion for Temporary Restraining Order and Temporary Injunction, #4 Exhibit C - Plaintiff's Memorandum in Support of Motion for Temporary Restraining Order and Temporary Injunction, #5 Exhibit D - Affidavit of Kurt Koenecke with Exhibits Attached, #6 Exhibit E - Proposed Order Granting Plaintiff's Motion for Temporary Restraining Order, #7 Exhibit F - Proposed Order Granting Plaintiff's Motion for Temporary Injunction, #8 Exhibit G - Order Granting Plaintiff's Motion for Temporary Restraining Order) (Carroll, Jake) Modified on 8/25/2022: Deleted duplicate plaintiff from database, etc. (lak) |
| Case randomly assigned to Magistrate Judge Stephen L. Crocker. (lak) |
| Standard attachments for Magistrate Judge Stephen L. Crocker: #Corporate Disclosure Statement, #Order Regarding Assignment of Cases, #Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, #Order on Dispositive Motions. (lak) |
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| Plaintiff: Koenecke Equipment, Inc. | |
| Represented By: | Evan Baxter Tenebruso |
| Represented By: | Paul R. Norman |
| Represented By: | Sarah Horner |
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| Defendant: AGCO Corporation | |
| Represented By: | Jake Carroll |
| Represented By: | Steven Jacob Carroll |
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