The Homesteader's Store, Inc. v. Kubota Tractor Corporation
| The Homesteader's Store, Inc. |
| Kubota Tractor Corporation |
| 3:2024cv00023 |
| January 16, 2024 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 49
Redaction to #46 Declaration, Patrick Breen, by Plaintiff The Homesteader's Store, Inc. (Attachments: #1 Exhibit A - Slip Sheet re Defendant's Answers to Interrogatories (filed under seal), #2 Exhibit B - 5/6/21 Email and attachment, #3 Exhibit C - 4/27/21 Letter, #4 Exhibit D - 9/6/21 Letter, #5 Exhibit E - 9/17/21 Email and letter) (Breen, Patrick)
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Filing 48
Brief in Reply by Plaintiff The Homesteader's Store, Inc. in Support of #20 Motion for Preliminary Injunction (Breen, Patrick)
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Filing 47
Supplemental Declaration of Rick DeYoung filed by Plaintiff The Homesteader's Store, Inc. re: #20 Motion for Preliminary Injunction (Breen, Patrick)
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Filing 46
Declaration of Patrick Breen filed by Plaintiff The Homesteader's Store, Inc. re: #20 Motion for Preliminary Injunction (Sealed Document) (Attachments: #1 Exhibit A - Defendant's Answers to Interrogatories, #2 Exhibit B - 5/6/21 Email and attachment, #3 Exhibit C - 4/27/21 Letter, #4 Exhibit D - 9/6/21 Letter, #5 Exhibit E - 9/17/21 Email and letter) (Breen, Patrick)
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Filing 44
Deposition of Michael Jacobson taken on 2/29/24. (Sealed Document) (Breen, Patrick)
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Filing 43
Deposition of Carl Michael Horrell, Jr. taken on 3/1/2024. (Sealed Document) (Breen, Patrick)
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Filing 42
Deposition of Luke Johnson taken on February 27, 2024 (Sealed Document). (Breen, Patrick)
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Filing 41
Redaction to #35 Declaration of Luke Johnson by Defendant Kubota Tractor Corporation (Attachments: #1 Exhibit 1 - Kubota Tractor Dealer Sales and Service Agreement, #2 Exhibit 2 - Kubota Dealer Development Plan, #3 Exhibit 3 - Kubota Dealer Development Plan, #4 Exhibit 4 - Kubota Dealer Development Plan, #5 Exhibit 5 - Kubota Dealer Development Plan, #6 Exhibit 6 - Map, #7 Exhibit 7 - Chart, #8 Exhibit 8 - E-mail and Chart, #9 Exhibit 9 - Chart, #10 Exhibit 10 - E-mail and Chart, #11 Exhibit 11 - E-mail and Chart) (Sabatino, Connor) Modified on 3/1/2024: Added exhibit descriptions. (lak)
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Filing 40
Redaction to #34 Response to Proposed Findings of Fact, by Defendant Kubota Tractor Corporation (Attachments: #1 Exhibit 1 - Interrogatories) (Sabatino, Connor) Modified on 3/1/2024: Added exhibit description. (lak)
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Filing 39
Redaction to #33 Deposition of Peggy DeYoung and Ex. 2 to Brief in Opposition by Defendant Kubota Tractor Corporation (Sabatino, Connor)
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Filing 38
Redaction to #32 Deposition of Rick DeYoung and Ex. 1 to Brief in Opposition by Defendant Kubota Tractor Corporation (Sabatino, Connor)
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Filing 37
Redaction to #31 Brief in Opposition, by Defendant Kubota Tractor Corporation (Attachments: #1 Exhibit 3 - Profit & Loss Report, The Homesteader's Store) (Sabatino, Connor) Modified on 3/1/2024: Added exhibit description. (lak)
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Filing 36
Declaration of Michael Horrell filed by Defendant Kubota Tractor Corporation re: #20 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 - Letter dated April 27, 2021, #2 Exhibit 2 - Letter dated September 6, 2021, #3 Exhibit 3 - E-mail, #4 Exhibit 4 - Letter dated April 7, 2023, #5 Exhibit 5 - Letter dated August 10, 2023) (Sabatino, Connor) Modified on 3/1/2024: Added exhibit descriptions. (lak)
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Filing 35
Declaration of Luke Johnson filed by Defendant Kubota Tractor Corporation re: #20 Motion for Preliminary Injunction (Sealed Document) (Attachments: #1 Exhibit 1 - Kubota Tractor Dealer Sales and Service Agreement, #2 Exhibit 2 - Kubota Dealer Development Plan, #3 Exhibit 3 - Kubota Dealer Development Plan, #4 Exhibit 4 - Kubota Dealer Development Plan, #5 Exhibit 5 - Kubota Dealer Development Plan, #6 Exhibit 6 - Map, #7 Exhibit 7 - Chart, #8 Exhibit 8 - E-mail and Chart, #9 Exhibit 9 - Chart, #10 Exhibit 10 - E-mail and Chart, #11 Exhibit 11 - E-mail and Chart) (Sabatino, Connor) Modified on 3/1/2024: Added exhibit descriptions. (lak)
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Filing 34
Response to Proposed Findings of Fact filed by Defendant Kubota Tractor Corporation re: #20 Motion for Preliminary Injunction (Sealed Document) (Attachments: #1 Exhibit 1 - Interrogatories) (Sabatino, Connor) Modified on 3/1/2024: Added exhibit description. (lak)
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Filing 33
Deposition of Peggy DeYoung taken on February 21, 2024and Exhibit 2 to Brief in Opposition. (Sealed Document) (Sabatino, Connor)
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Filing 32
Deposition of Rick DeYoung taken on February 20, 2024 and Exhibit 1 to Brief in Opposition. (Sealed Document) (Sabatino, Connor)
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Filing 31
Brief in Opposition by Defendant Kubota Tractor Corporation re: #20 Motion for Preliminary Injunction filed by The Homesteader's Store, Inc. (Sealed Document) (Attachments: #1 Exhibit 3 - Profit & Loss Report, The Homesteader's Store) (Sabatino, Connor) Modified on 3/1/2024: Added exhibit description. (lak)
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Filing 30
** TEXT ONLY ORDER **The parties' proposed stipulated protective order #28 is accepted and entered as the court's order. Signed by Magistrate Judge Stephen L. Crocker on 2/20/24. (jat)
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Filing 29
Declaration of Luke Johnson filed by Defendant Kubota Tractor Corporation re: #28 Motion for Protective Order, (Sabatino, Connor)
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Filing 28
Unopposed Motion for Protective Order Governing Discovery of Confidential Information and Incorporated Memorandum of Law by Defendant Kubota Tractor Corporation. (Attachments: #1 Exhibit Proposed Stipulated Protective Order, #2 Disregard, #3 Exhibit Plaintiff's First Set of Interrogatories to KTC) (Sabatino, Connor) Modified on 2/14/2024: E-mail sent to counsel. (lak)
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Filing 27
** TEXT ONLY ORDER **The parties' joint motion to amend the briefing schedule, Dkt. #26 , is GRANTED. March 14, 2024, is the deadline for plaintiff to file a reply brief in support of its motion for a preliminary injunction. Signed by District Judge James D. Peterson on 2/2/2024. (jls)
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Filing 26
Joint Motion to Amend Briefing Schedule by Plaintiff The Homesteader's Store, Inc.. (Breen, Patrick)
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Filing 25
Amended Document by Plaintiff The Homesteader's Store, Inc.. Amendment to #20 MOTION FOR PRELIMINARY INJUNCTION , #22 Declaration, of Rick DeYoung (Attachments: #1 Exhibit 1 - Dealer Agreement, #2 Exhibit 2 - Kubota Termination Letter, #3 Exhibit 3 - Email Exchange, #4 Exhibit 4 - Monthly Sales Reports) (Breen, Patrick)
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Filing 24
Amended Document by Plaintiff The Homesteader's Store, Inc.. Amendment to #21 Brief in Support, #20 MOTION FOR PRELIMINARY INJUNCTION (Attachments: #1 Appendix A - Dependable Dodge v. Fiat Decision) (Breen, Patrick)
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Set/Reset Briefing Deadlines as to #20 MOTION FOR PRELIMINARY INJUNCTION. Brief in Opposition due 2/29/2024. Brief in Reply due 3/6/2024. (rks)
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Filing 23
Proposed Findings of Fact filed by Plaintiff The Homesteader's Store, Inc. re: #20 Motion for Preliminary Injunction [Statement of Record Facts] (Breen, Patrick)
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Filing 22
Declaration of Rick DeYoung filed by Plaintiff The Homesteader's Store, Inc. re: #20 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 - Dealer Agreement, #2 Exhibit 2 - Kubota Termination Letter, #3 Exhibit 3 - Email Exchange) (Breen, Patrick)
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Filing 21
Brief in Support of #20 Motion for Preliminary Injunction by Plaintiff The Homesteader's Store, Inc. (Attachments: #1 Appendix A - Dependable Dodge v. Fiat Decision) (Breen, Patrick)
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Filing 20
MOTION FOR PRELIMINARY INJUNCTION by Plaintiff The Homesteader's Store, Inc.. (Breen, Patrick)
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Filing 19
ANSWER by Defendant Kubota Tractor Corporation. (Howell, Roberta)
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Filing 18
Notice of Appearance filed by Elizabeth Leonard for Plaintiff The Homesteader's Store, Inc.. (Leonard, Elizabeth)
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Set Hearings: Injunctive Hearing set for 4/2/2024 at 09:00 AM. #Procedure to be followed on Motions for Injunctive Relief attached. (lam)
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Filing 17
Demand for Trial by Jury by Plaintiff The Homesteader's Store, Inc. (Norman, Paul)
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Filing 16
Corporate Disclosure Statement by Plaintiff The Homesteader's Store, Inc.. (Norman, Paul)
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Filing 15
** TEXT ONLY ORDER **ORDER granting #11 Motion to Admit Michael M. Gropper Pro Hac Vice; granting #12 Motion to Admit Peter P. Hargitai Pro Hac Vice; granting #13 Motion to Admit Michael B. Decembrino, Jr. Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on 1/22/2024. (lak)
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Filing 14
Notice by Defendant Kubota Tractor Corporation re 9 Text Only Order,,,,,, Responding to the Court Regarding Termination of Plaintiff's Dealership Agreements. (Sabatino, Connor)
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Filing 13
Motion to Admit Michael B Decembrino, Jr Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3365437.) by Defendant Kubota Tractor Corporation. (Decembrino, Michael)
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Filing 12
Motion to Admit Peter P Hargitai Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3365440.) by Defendant Kubota Tractor Corporation. (Hargitai, Peter)
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Filing 11
Motion to Admit Michael Gropper Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3365437.) by Defendant Kubota Tractor Corporation. (Gropper, Michael)
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Filing 10
Notice of Appearance filed by Connor A. Sabatino for Defendant Kubota Tractor Corporation. (Sabatino, Connor)
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Filing 9
** TEXT ONLY ORDER **This case under the Wisconsin Fair Dealership Law was removed from state court after plaintiff filed a motion for a temporary restraining order to stop defendant from terminating the dealership agreement. Defendant now moves to set a schedule that allows plaintiff to file a new motion for preliminary injunction in accordance with this court's procedures, allows defendant limited discovery, and sets a hearing on the preliminary injunction motion. Dkt. #3 . Plaintiff doesn't oppose the motion, but it asks the court to allow reciprocal discovery and to hold the hearing sometime after February 23 and before March 4, when the termination is scheduled to take effect. Plaintiff's motion for a temporary restraining order, Dkt. #4 -2, is DENIED without prejudice. Defendant's motion to set a new schedule, Dkt. #3 , is GRANTED. Both sides may conduct limited discovery as described in their briefs. Dkt. #3 , at 5-6 and Dkt. #8 , at 2. Plaintiff may have until January 29 to renew its motion in accordance with this court's procedures; defendant may have until February 29 to respond; plaintiff may have until March 6 to reply. The court is not available for a hearing between February 23 and March 4, so the clerk of court is directed to set a preliminary injunction hearing on March 13 or later, in consultation with the parties. No later than January 23, defendant is directed to inform the court in writing whether it will agree to stay termination of the agreement until the date of the hearing. Signed by District Judge James D. Peterson on 1/19/2024. (lam)
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Filing 8
Brief in Opposition by Plaintiff The Homesteader's Store, Inc. re: #3 Motion to Expedite filed by Kubota Tractor Corporation (partial opposition) (Breen, Patrick)
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Filing 7
Declaration of George Mullinix re #4 Notice (Other),, Notice of Removal (Howell, Roberta)
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Filing 6
JS-44 Civil Cover Sheet. (lak)
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Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak)
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Reset Briefing Deadlines as to #3 Motion to Expedite for Briefing Schedule, Evidentiary Hearing, and Limited Discovery on Plaintiff's Motion for Injunctive Relief. Brief in Opposition due 1/18/2024; No reply. (jls)
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Standard attachments for Judge James D. Peterson: # NORTC, #Corporate Disclosure Statement. (lak)
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Filing 5
Declaration of George Mullinix re: #4 Notice of Removal. (Howell, Roberta) Modified on 1/17/2024. (lak).
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Filing 4
NOTICE OF REMOVAL from Dane County Circuit Court, case number 2024cv33. (Filing fee $405 receipt number AWIWDC-3362275, filed by Kubota Tractor Corporation, (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Motion for Temporary Restraining Order & Injunction, #3 Exhibit C - Brief In Support of Motion for Temporary Restraining Order & Injunction, #4 Exhibit D - Affidavit of Rick DeYoung, #5 Exhibit E - Proposed Order, #6 Exhibit F - Other State Court Filings) (Howell, Roberta) Modified on 1/17/2024: Filed as Notice (Other). Answer may not be able to be filed. (lak)
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Filing 3
Motion to Expedite for Briefing Schedule, Evidentiary Hearing, and Limited Discovery on Plaintiff's Motion for Injunctive Relief by Defendant Kubota Tractor Corporation. Response due 1/23/2024. (Howell, Roberta)
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Filing 2
Corporate Disclosure Statement by Defendant Kubota Tractor Corporation. (Howell, Roberta)
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Filing 1
Disregard. To be refiled. Modified on 1/16/2024. (lak)
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