Hayton Organics, Inc. v. Krieger's Wholesale Nursery, LLC,

Michigan Western District Court
Judge:	Paul L Maloney
Referred:	Ray Kent
Case #:	1:23-cv-01194
Nature of Suit	190 Contract - Other Contract
Cause	28:1331 Fed. Question: Fraud

Case Filed:

Nov 09, 2023

Docket
Parties (3)

Last checked: Tuesday May 07, 2024 4:35 AM EDT

defendant Krieger's Wholesale Nursery, LLC	Represented By John Stanley Sherston Lennon Miller PLC contact info
mediator Facilitative Mediator	Represented By Thomas R. Behm Gruel Mills Nims & Pylman LLP contact info
plaintiff Hayton Organics, Inc.	Represented By Howard I. Wallach Foley & Mansfield Pllp contact info

Docket last updated: 6 hours ago

Thursday, March 27, 2025
49		49 order Case Management Order Thu 03/27 2:37 PM SECOND AMENDED CASE MANAGEMENT ORDER: settlement conference set for 7/30/2025 at 01:30 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Ray Kent; final pretrial conference set for 12/15/2025 at 09:00 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; jury trial set for 1/13/2026 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) Related: [-]
Tuesday, March 25, 2025
48		48 motion Stipulation and Order (Proposed-one document) Tue 03/25 4:35 PM PROPOSED STIPULATION and ORDER to Adjourn Trial Dates and Deadlines by defendant Krieger's Wholesale Nursery, Inc. (Sherston, John) Related: [-]
Monday, March 10, 2025
47		47 respm Reply to Response to Motion Mon 03/10 10:30 AM REPLY to response to motion32 filed by Hayton Organics, Inc. (Wallach, Howard) Related: [-]
		Att: 1 Exhibit 1. Charles Anderson's Resume,
		Att: 2 Exhibit 2. Charles Anderson's Report,
		Att: 3 Exhibit 3. Excerpts From Angelica Hayton's Deposition,
		Att: 4 Exhibit 4. Hayton Timeline,
		Att: 5 Exhibit 5. July 11, 2022 text message exchange between Charles Anderson and Angelica Hayton,
		Att: 6 Exhibit 6. August 25, 2022 text message exchange between Charles Anderson and Angelica Hayton,
		Att: 7 Exhibit 7. October 10, 2022 email exchange between Charles Anderson and Angelica Hayton,
		Att: 8 Exhibit 8. October 25, 2022 Oregon State University report Speciman #2022-3426,
		Att: 9 Exhibit 9. Dr. Thomas Walters' Declaration,
		Att: 10 Exhibit 10. September 2, 2022 Oregon State University report Speciman #2022-1319,
		Att: 11 Exhibit 11. September 2, 2022 Oregon State University report Speciman #2022-1318
Thursday, March 06, 2025
46		46 respm Certificate of Compliance Regarding Word Count Thu 03/06 11:27 AM CERTIFICATE of compliance re word count for Reply to Response to Motion45 filed by Krieger's Wholesale Nursery, Inc. (Sherston, John) Related: [-]
45		45 respm Reply to Response to Motion Thu 03/06 11:11 AM REPLY to response to motion33 filed by Krieger's Wholesale Nursery, Inc. (Sherston, John) Related: [-]
Thursday, February 27, 2025
44		44 order Stipulation and Order Thu 02/27 2:12 PM STIPULATION AND ORDER amending case caption; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) Related: [-]
Wednesday, February 26, 2025
43		43 respm Response in Opposition Wed 02/26 2:30 PM RESPONSE in opposition to MOTION for partial summary judgment 33 filed by Hayton Organics, Inc. (Wallach, Howard) Related: [-]
		Att: 1 Exhibit 1. Affidavit of Angelica Hayton,
		Att: 2 Exhibit 2. Excerpts of the deposition of Angelica Hayton,
		Att: 3 Exhibit 3. Food Forestry Nursery Internet Materials,
		Att: 4 Exhibit 4. Email from owner of Food Forest Nursery,
		Att: 5 Exhibit 5. Email from UPS confirming delivery,
		Att: 6 Exhibit 6. Email from Krieger's regarding 2020 Contract,
		Att: 7 Exhibit 7. Email from Krieger's regarding 2021 Contract
Tuesday, February 25, 2025
42		42 motion Stipulation and Order (Proposed-one document) Tue 02/25 11:16 AM PROPOSED STIPULATION and ORDER Amending Case Caption by plaintiff Hayton Organics, Inc. (Wallach, Howard) Related: [-]
Monday, February 24, 2025
41		41 respm Certificate of Compliance Regarding Word Count Mon 02/24 5:20 PM CERTIFICATE of compliance re word count for Response to Motion,40 filed by Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
40		40 respm Response to Motion Mon 02/24 5:19 PM RESPONSE TO MOTION for summary judgment 32 filed by Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Exhibit H,
		Att: 9 Exhibit I,
		Att: 10 Exhibit J,
		Att: 11 Exhibit K
Monday, February 03, 2025
39		39 order Case Management Order Mon 02/03 3:28 PM AMENDED CASE MANAGEMENT ORDER: settlement conference set for 7/30/2025 at 01:30 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Ray Kent; final pretrial conference set for 8/25/2025 at 09:00 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; jury trial set for 9/16/2025 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) Related: [-]
Thursday, January 30, 2025
38		38 respm Brief in Support of a Motion Thu 01/30 4:19 PM BRIEF in support of MOTION for partial summary judgment 33 Corrected filed by Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B
37		37 misc Notify Attorney Notice Thu 01/30 3:51 PM NOTICE to attorney John Stanley Sherston regarding recent filing34 (slk) Related: [-]
Wednesday, January 29, 2025
36		36 respm Certificate Regarding Motion Concurrence Wed 01/29 4:57 PM CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for partial summary judgment 33 filed by Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
35		35 respm Certificate of Compliance Regarding Word Count Wed 01/29 4:56 PM CERTIFICATE of compliance re word count for Brief in Support of a Motion34 filed by Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
34		34 respm Brief in Support of a Motion Wed 01/29 4:55 PM BRIEF in support of MOTION for partial summary judgment 33 filed by Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
33		33 motion Partial Summary Judgment Wed 01/29 4:51 PM MOTION for partial summary judgment by defendant Krieger's Wholesale Nursery, LLC; (Sherston, John) Related: [-]
Monday, January 27, 2025
32		32 motion Summary Judgment Mon 01/27 11:07 AM MOTION for summary judgment by plaintiff Hayton Organics, Inc.; (Wallach, Howard) Related: [-]
		Att: 1 Exhibit 1. Krieger Dep Excepts,
		Att: 2 Exhibit 2. Krieger's Responses to Interrogatories,
		Att: 3 Exhibit 3. Krieger's Responses to Amended Interrogatories,
		Att: 4 Exhibit 4. Walters' Expert Report,
		Att: 5 Exhibit 5. Letter of Revocation
Monday, January 13, 2025
31		31 order Notice Rescheduling Trial Mon 01/13 11:42 AM NOTICE rescheduling trial that was previously set for 5/6/2025; jury trial set for 5/13/2025 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; all other provisions contained in the case management order14 and amended by order23 remain as previously ordered (Judge Paul L. Maloney, acr) Related: [-]
Wednesday, December 04, 2024
30		30 adr Facilitative Mediation Report Wed 12/04 4:26 PM REPORT of facilitative mediation held 12/03/2024; mediation is Complete; (Behm, Thomas) Related: [-]
Friday, November 15, 2024
29		29 answer Answer to Complaint Fri 11/15 5:06 PM ANSWER to complaint by Krieger's Wholesale Nursery, LLC (Zwart, Matthew) Related: [-]
		Att: 1 Proof of Service
Thursday, November 14, 2024
28		28 misc Notify Attorney Notice Thu 11/14 3:24 PM NOTICE to attorney John Stanley Sherston regarding recent filing27 (slk) Related: [-]
Wednesday, November 13, 2024
27		27 answer Answer to Amended Complaint Wed 11/13 4:27 PM Defendant Krieger's ANSWER to Amended Complaint,26 with affirmative defenses filed by Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
		Att: 1 Attachment Affirmative Defenses,
		Att: 2 Attachment Proof of Service
Monday, November 04, 2024
26		26 cmp Amended Complaint Mon 11/04 10:46 AM Second AMENDED COMPLAINT against Krieger's Wholesale Nursery, LLC filed by Hayton Organics, Inc. (Wallach, Howard) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit,
		Att: 5 Exhibit,
		Att: 6 Exhibit,
		Att: 7 Exhibit,
		Att: 8 Exhibit,
		Att: 9 Exhibit,
		Att: 10 Exhibit,
		Att: 11 Exhibit
Monday, October 28, 2024
25		25 order Stipulation and Order Mon 10/28 4:46 PM STIPULATION AND ORDER for partial voluntary dismissal without prejudice; plaintiff to file second amended complaint within 7 days; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) Related: [-]
Monday, October 14, 2024
24		24 motion Proposed Order Mon 10/14 11:38 AM PROPOSED ORDER regarding Partial Voluntary Dismissal Without Prejudice by defendant Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
Tuesday, July 16, 2024
23		23 2 pgs order Order on Stipulation and Proposed Order Tue 07/16 1:38 PM ORDER granting STIPULATION22 amending case management order; signed by Magistrate Judge Ray Kent (fhw) Related: [-]
		order Order Referring Motion to Magistrate Judge (Non-Document) Tue 07/16 11:44 AM (NON-DOCUMENT) ORDER REFERRING PROPOSED STIPULATION and ORDER For First Adjournment of Case Management Order by plaintiff Hayton Organics, Inc.22 to Magistrate Judge Ray Kent under 28 U.S.C. 636(b)(1)(A); signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) Related: [-]
Monday, July 15, 2024
22		22 motion Stipulation and Order (Proposed-one document) Mon 07/15 8:17 AM PROPOSED STIPULATION and ORDER For First Adjournment of Case Management Order by plaintiff Hayton Organics, Inc. (Wallach, Howard) Related: [-]
Monday, July 01, 2024
21		21 service Proof of Service Mon 07/01 1:23 PM PROOF OF SERVICE by plaintiff Hayton Organics, Inc. for Plaintiff's Answers/Objections to First Request for Admissions (Wallach, Howard) Related: [-]
Wednesday, March 20, 2024
20		20 service Proof of Service Wed 03/20 1:28 PM PROOF OF SERVICE by defendant Krieger's Wholesale Nursery, LLC for Defendant's Responses to Plaintiff's Amended Interrogatories, Plaintiff's Amended Requests for Admission, and Plaintiff's Requests for Production of Documents (Sherston, John) Related: [-]
Thursday, February 22, 2024
19		19 service Proof of Service Thu 02/22 1:53 PM PROOF OF SERVICE by defendant Krieger's Wholesale Nursery, LLC for Defendant Krieger's Wholesale Nursery's Initial Disclosures (served 2/22/2024) (Sherston, John) Related: [-]
18		18 service Proof of Service Thu 02/22 12:15 PM PROOF OF SERVICE by plaintiff Hayton Organics, Inc. for First Requests for Admission, Interrogatories and Requests to Produce to Defendant (Wallach, Howard) Related: [-]
17		17 service Proof of Service Thu 02/22 12:14 PM PROOF OF SERVICE by plaintiff Hayton Organics, Inc. for Plaintiff's Initial Disclosures (Wallach, Howard) Related: [-]
Wednesday, February 21, 2024
		adr Facilitative Mediation - Fee Received Wed 02/21 10:45 AM VFM FEE RECEIVED in the amount of $25.00, check number 120405 as to plaintiff Hayton Organics, Inc. (jmw) Related: [-]
Tuesday, February 13, 2024
16		16 adr Facilitative Mediation - Notice of Appointment of Facilitative Mediator Tue 02/13 3:43 PM NOTICE of appointment of Facilitative Mediator Thomas R. Behm; plaintiff VFM fee to be submitted by 2/20/2024 defendant VFM fee to be submitted by 2/20/2024 (kmd) Related: [-]
15		15 adr Facilitative Mediation - Notice of Selection of Facilitative Mediator Tue 02/13 2:47 PM SELECTION of Thomas Behm as facilitative mediator by plaintiff Hayton Organics, Inc. (Wallach, Howard) Related: [-]
Monday, February 12, 2024
14		14 order Case Management Order Mon 02/12 3:08 PM CASE MANAGEMENT ORDER: discovery to be completed by 8/30/2024; ADR deadline is 9/30/2024; dispositive motions due by 10/31/2024; settlement conference set for 3/13/2025 at 01:30 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Ray Kent; final pretrial conference set for 4/14/2025 at 09:30 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; jury trial set for 5/6/2025 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) Related: [-]
Friday, February 09, 2024
13		13 minutes Scheduling Conference - Rule 16 By Telephone Fri 02/09 10:53 AM MINUTES of scheduling conference by telephone held before District Judge Paul L. Maloney (Proceedings not recorded) (Judge Paul L. Maloney, acr) Related: [-]
Tuesday, February 06, 2024
12		12 misc Joint Status Report (Rule 16) Tue 02/06 9:21 AM JOINT STATUS REPORT (Wallach, Howard) Related: [-]
Thursday, January 11, 2024
11		11 4 pgs order Order Setting Rule 16 Scheduling Conference by Telephone Thu 01/11 4:19 PM ORDER setting Rule 16 scheduling conference by telephone: telephone Rule 16 scheduling conference set for 2/9/2024 at 10:00 AM before District Judge Paul L. Maloney; status report due by 2/6/2024; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) Related: [-]
10		10 service Proof of Service Thu 01/11 12:33 PM PROOF OF SERVICE by defendant Krieger's Wholesale Nursery, LLC re Answer to Amended Complaint7 , Corporate Disclosure Statement9 , Affirmative Defenses8 (Sherston, John) Related: [-]
9		9 notice Corporate Disclosure Statement Thu 01/11 12:21 PM CORPORATE DISCLOSURE STATEMENT by Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
8		8 misc Affirmative Defenses Thu 01/11 12:19 PM AFFIRMATIVE DEFENSES by defendant Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
7		7 answer Answer to Amended Complaint Thu 01/11 12:17 PM ANSWER to Amended Complaint,6 filed by Krieger's Wholesale Nursery, LLC (Sherston, John) Modified text on 1/11/2024 (slk) Related: [-]
		notice Attorney Appearance Thu 01/11 12:31 PM (NON-DOCUMENT) ATTORNEY APPEARANCE of John Stanley Sherston on behalf of defendant Krieger's Wholesale Nursery, LLC (Sherston, John) Related: [-]
Monday, January 08, 2024
6		6 cmp Amended Complaint Mon 01/08 11:27 AM FIRST AMENDED COMPLAINT against Krieger's Wholesale Nursery, LLC filed by Hayton Organics, Inc. (Wallach, Howard) Modified text on 1/8/2024 (slk) Related: [-]
		Att: 1 Exhibit 1 - 11-18-20 Agreement,
		Att: 2 Exhibit 2 - 4-26-21 Agreement,
		Att: 3 Exhibit 3 - 8-20-22 Email,
		Att: 4 Exhibit 4 - 8-25-22 Email,
		Att: 5 Exhibit 5 - 9-29-22 CPS Lab Report,
		Att: 6 Exhibit 6 - 10-26-22 CPS Lab Report,
		Att: 7 Exhibit 7 - 10-26-22 CPS Lab Report Sidhu Farms,
		Att: 8 Exhibit 8 - 5-31-23 CPS Lab Report,
		Att: 9 Exhibit 9 - 5-31-23 CPS Lab Report,
		Att: 10 Exhibit 10 - 5-24-23 CPS Lab Report,
		Att: 11 Exhibit 11 - 7-23-23 Walters AG Research
Tuesday, November 14, 2023
5		5 notice Corporate Disclosure Statement Tue 11/14 2:08 PM CORPORATE DISCLOSURE STATEMENT by Hayton Organics, Inc. (Wallach, Howard) Related: [-]
Monday, November 13, 2023
4		4 service Summons Issued Mon 11/13 3:23 PM SUMMONS ISSUED as to defendant Krieger's Wholesale Nursery, LLC (slk) Related: [-]
3		3 service Proposed Summons (to be issued) Mon 11/13 10:40 AM PROPOSED SUMMONS to be issued re1 (Wallach, Howard) Related: [-]
2		2 misc Notice Regarding Assignment of Case Mon 11/13 9:38 AM NOTICE that this case has been assigned to Paul L. Maloney ; with NOTICE OF DEFICIENCY re corporate disclosure statement (slk) Related: [-]
		service Summons Not Issued Mon 11/13 9:38 AM SUMMONS NOT ISSUED as to defendant Krieger's Wholesale Nursery, LLC (not provided) (slk) Related: [-]
Thursday, November 09, 2023
1		1 12 pgs cmp Complaint Thu 11/09 11:06 AM COMPLAINT with jury demand against All Defendants filed by Hayton Organics, Inc. d/b/a Hayton Farms Berries, a Washington Corporation (Wallach, Howard) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Exhibit 5,
		Att: 6 Exhibit 6,
		Att: 7 Exhibit 7,
		Att: 8 Exhibit 8,
		Att: 9 Exhibit 9,
		Att: 10 Exhibit 10,
		Att: 11 Exhibit 11
		misc Filing Fee (Civil Case) - Credit Card Payment Thu 11/09 11:18 AM FILING FEE PAID re1 by plaintiff Hayton Organics, Inc. d/b/a Hayton Farms Berries, a Washington Corporation in the amount of $402, receipt number AMIWDC-7212224 (Wallach, Howard) Related: [-]

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