Premiere Ag Manufacturing LLC et al v. Biersch, INC
| North Dakota District Court | |
| Judge: | Peter D Welte |
| Referred: | Alice R Senechal |
| Case #: | 3:24-cv-00235 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Nov 25, 2024 |
| Terminated: | Feb 20, 2025 |
| Case in other court: | Richland County, 39-02024-CV-00341 |
| Last checked: Saturday Jan 11, 2025 3:57 AM CST |
|
Defendant
Biersch, INC
|
Represented By
|
|
Plaintiff
Matthew Boyington
|
Represented By
|
|
Plaintiff
Premiere Ag Manufacturing LLC
|
Represented By
|
|
Plaintiff
Premiere Shortline USA, LLC
|
Represented By
|
| Docket last updated: 05/04/2025 11:59 PM CDT |
| Thursday, February 20, 2025 | ||
| 44 | 44
order
Judgment - Clerk
Thu 02/20 2:33 PM
CLERK'S JUDGMENT.(sl) |
|
| 43 | 43
9
pgs
order
Order on Motion for Preliminary Injunction Order on Motion for Hearing Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Stay Order on Motion for Miscellaneous Relief
Thu 02/20 2:03 PM
ORDER by Chief Judge Peter D. Welte granting10 Motion to Dismiss; and denying5 Motion for Preliminary Injunction; denying 7 Motion for Hearing; denying8 Motion for Preliminary Injunction; denying 12 Motion to Stay; and denying25 Motion for Hearing. (KT) |
|
| Friday, January 03, 2025 | ||
| 42 | 42
service
Certificate of Service
Fri 01/03 5:00 PM
CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re41 Reply to Response to Motion,40 Reply to Response to Motion on Opposing Counsel (Grossman, Lee) |
|
| 41 | 41
respm
Reply to Response to Motion
Fri 01/03 4:59 PM
REPLY to Response to Motion re8 MOTION for Preliminary Injunction Antisuit Injunction filed by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Grossman, Lee) |
|
| 40 | 40
respm
Reply to Response to Motion
Fri 01/03 4:59 PM
REPLY to Response to Motion re5 MOTION for Preliminary Injunction and Request for Oral Argument filed by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Grossman, Lee) |
|
| 39 | 39
respm
Reply to Response to Motion
Fri 01/03 3:14 PM
REPLY to Response to Motion re10 MOTION to Dismiss for Lack of Jurisdiction Stay or, in the Alternative, Motion to Transfer , 12 MOTION to StayMOTION to Transfer In Further Support of Motion filed by Biersch, INC. (Hanson, Mark) |
|
| Monday, December 23, 2024 | ||
| 38 | 38
service
Certificate of Service
Mon 12/23 11:36 AM
CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re37 Response to Motion on Opposing Counsel (Grossman, Lee) |
|
| 37 | 37
respm
Response to Motion
Mon 12/23 11:33 AM
RESPONSE to Motion re25 MOTION for Hearing filed by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Grossman, Lee) |
|
|
utility
Docket Correction
Mon 12/23 11:28 AM
DOCKET CORRECTION re:23 Response to Motion. Clerk's office added 'Exhibit 1' to docket entry for Attachment 1, removed duplicative 'Exhibit' text from docket entry for Attachment 2, and cleaned up docket text;25 Motion for Hearing (oral argument). Clerk's office corrected document numbers in docket text as to linked documents;26 Response to Motion. Clerk's office removed 'Exhibit' reference;34 Affidavit Declaration of Corey A. Staas. Clerk's office added more complete descriptions of Exhibits 1 and 2;35 Affidavit Declaration of Zachary Brashears. Clerk's office replaced Exhibits 3 and 4 to display legible headers;36 Affidavit Declaration of Dean Bierschenk. Clerk's office replaced Exhibit 7 to display legible headers and added more complete descriptions to Exhibits 1, 2, and 5. (jb) |
||
| Friday, December 20, 2024 | ||
| 36 | 36
misc
Affidavit
Fri 12/20 5:13 PM
AFFIDAVIT Declaration of Dean Bierschenk re28 Response to Motion by Biersch, INC.(Hanson, Mark) |
|
|
Att: 1
Exhibit 1 - Record of trademarks,
|
||
|
Att: 2
Exhibit 2 - Record of trademarks,
|
||
|
Att: 3
Exhibit 3 - Warning,
|
||
|
Att: 4
Exhibit 4 - Employment Agreement,
|
||
|
Att: 5
Exhibit 5 - Agreement,
|
||
|
Att: 6
Exhibit 6 -Letter dated 2-19-24,
|
||
|
Att: 7
Exhibit 7 - Text Messages from dealer
|
||
| 35 | 35
misc
Affidavit
Fri 12/20 5:04 PM
AFFIDAVIT Declaration of Zachary Brashears re28 Response to Motion by Biersch, INC.(Hanson, Mark) |
|
|
Att: 1
Exhibit 1 - Drawing No. 80504,
|
||
|
Att: 2
Exhibit 2 - Attachments to 1-25-23 email,
|
||
|
Att: 3
Exhibit 3 -Text Message,
|
||
|
Att: 4
Exhibit 4 - Text Message and Photos,
|
||
|
Att: 5
Exhibit 5 - Email
|
||
| 34 | 34
misc
Affidavit
Fri 12/20 5:00 PM
AFFIDAVIT Declaration of Corey A. Staas re28 Response to Motion by Biersch, INC.(Hanson, Mark) |
|
|
Att: 1
Exhibit 1 -Spreadsheet,
|
||
|
Att: 2
Exhibit 2 - Spreadsheet,
|
||
|
Att: 3
Exhibit 3- Searches Spreadsheet
|
||
| 33 | 33
misc
Affidavit
Fri 12/20 4:56 PM
AFFIDAVIT Declaration of Prashanth Ramaswamy re28 Response to Motion by Biersch, INC.(Hanson, Mark) |
|
|
Att: 1
Exhibit 1 - Proprietary Information
|
||
| 32 | 32
misc
Affidavit
Fri 12/20 4:53 PM
AFFIDAVIT Declaration of Ed Hert re28 Response to Motion by Biersch, INC. (Hanson, Mark) |
|
| 31 | 31
misc
Affidavit
Fri 12/20 4:52 PM
AFFIDAVIT Declaration of George R. Wandling, Sr. re28 Response to Motion by Biersch, INC. (Hanson, Mark) |
|
| 30 | 30
misc
Affidavit
Fri 12/20 4:50 PM
AFFIDAVIT Declaration of Riley McDaniel re28 Response to Motion by Biersch, INC. (Hanson, Mark) |
|
| 29 | 29
misc
Affidavit
Fri 12/20 4:46 PM
AFFIDAVIT Declaration of Brian Roed re28 Response to Motion by Biersch, INC.(Hanson, Mark) |
|
|
Att: 1
Exhibit 1 - E-mails Exchange
|
||
| 28 | 28
respm
Response to Motion
Fri 12/20 4:28 PM
RESPONSE to Motion re5 MOTION for Preliminary Injunction and Request for Oral Argument In Opposition to filed by Biersch, INC. (Hanson, Mark) |
|
| 27 | 27
4
pgs
respm
Memorandum in Support
Fri 12/20 4:01 PM
MEMORANDUM in Support re25 MOTION for HearingMOTION to Dismiss filed by Biersch, INC. (Hanson, Mark) |
|
| 26 | 26
respm
Response to Motion
Fri 12/20 3:47 PM
RESPONSE to Motion re8 MOTION for Preliminary Injunction Antisuit Injunction in Opposition of filed by Biersch, INC.(Hanson, Mark) |
|
|
Att: 1
Exhibit Declaration of Morio
|
||
| 25 | 25
motion
Hearing Dismiss
Fri 12/20 3:15 PM
MOTION for Hearing (oral argument) on Motion for Preliminary Injunction 10 and MOTION to Dismiss5 , and MOTION for Preliminary Antisuit Injunction8 by Biersch, INC. (Hanson, Mark) Modified on 12/20/2024 to correct motion relief (lf) |
|
| 24 | 24
service
Certificate of Service
Fri 12/20 2:58 PM
CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re23 Response to Motion,, (Grossman, Lee) |
|
| 23 | 23
respm
Response to Motion
Fri 12/20 2:54 PM
RESPONSE to Motion re10 MOTION to Dismiss for Lack of Jurisdiction Stay or, in the Alternative, Motion to Transfer , 12 MOTION to StayMOTION to Transfer Memorandum in Response filed by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington.(Grossman, Lee) |
|
|
Att: 1
First Supplemental Declaration of Matthew Boyington,
|
||
|
Att: 2
Exhibit Exhibit 1 to First Supplemental Declaration of Matthew Boyington - 02.19.2024 Matthew Boyington letter from Universal Industries
|
||
|
utility
Docket Correction
Fri 12/20 3:56 PM
DOCKET CORRECTION re:25 Motion for Preliminary Injunction and Motion to Dismiss. Wrong motion relief selected. Clerk's office corrected motion relief at the request of filer. (lf) |
||
| Friday, December 13, 2024 | ||
| 22 | 22
order
Order
Fri 12/13 1:23 PM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. As discussed at the 12/13/2024 Status Conference, a Scheduling Conference Order will not be filed until after the three pending motions are decided. (CT) |
|
| 21 | 21
order
Order
Fri 12/13 1:22 PM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. As discussed at the 12/13/2024 Status Conference, a brief on the motion for a hearing on the pending motions is due by 12/20/2024 and a responsive brief is due by 12/24/2024. Neither brief shall exceed five pages. (CT) |
|
| 20 | 20
minutes
Status Conference
Fri 12/13 12:54 PM
Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 12/13/2024. (DR #241213-000 JS Chambers Recorder) (le) |
|
| Tuesday, December 10, 2024 | ||
| 19 | 19
order
Order ~Util - Set Hearings
Tue 12/10 5:05 PM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. Status Conference is set for 12/13/2024 at 11:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7000. (CT) |
|
| 18 | 18
order
Order Set Motion and R&R Deadlines/Hearings
Tue 12/10 2:23 PM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. The17 stipulation is adopted. Responses due by 12/20/2024. Replies due by 1/3/2025. (CT) Modified on 12/10/2024 to correct date responses are due by. NEF regenerated (bl) |
|
| Monday, December 09, 2024 | ||
| 17 | 17
misc
Stipulation
Mon 12/09 3:12 PM
STIPULATION (Joint) Regarding Deadlines and Briefing Schedule by Biersch, INC. (Hanson, Mark) |
|
| Thursday, December 05, 2024 | ||
| 16 | 16
service
Summons Returned Executed
Thu 12/05 2:41 PM
SUMMONS Returned Executed by Premiere Shortline USA, LLC, Premiere Ag Manufacturing LLC, Matthew Boyington. Biersch, INC served on 12/4/2024, answer due 12/26/2024 (Grossman, Lee) |
|
| Wednesday, December 04, 2024 | ||
| 15 | 15
notice
Notice of Appearance
Wed 12/04 8:46 AM
NOTICE of Appearance by Nicholas Mino on behalf of Biersch, INC (Mino, Nicholas) |
|
| Tuesday, December 03, 2024 | ||
| 14 | 14
misc
Corporate Disclosure Statement
Tue 12/03 4:05 PM
Corporate Disclosure Statement by Biersch, INC. (Hanson, Mark) |
|
| 13 | 13
notice
Notice of Appearance
Tue 12/03 4:04 PM
NOTICE of Appearance by Mark R. Hanson on behalf of Biersch, INC (Hanson, Mark) |
|
| Monday, December 02, 2024 | ||
|
utility
Docket Correction
Mon 12/02 12:03 PM
DOCKET CORRECTION re:10 MOTION to Dismiss for Lack of Jurisdiction. Multiple relief document filed. Clerk's Office filed Motion to Stay and MOTION (Miscellaneous) to Transfer at 12 . Re:11 MEMORANDUM in Support. Clerk's Office added link to additional motion relief filed and added more complete attachment descriptions. (sl) |
||
| Friday, November 29, 2024 | ||
| 12 | 12
motion
Stay Miscellaneous Relief
Mon 12/02 11:53 AM
MOTION to Stay or MOTION to Transfer in the Alternative by Biersch, INC. See Document10 . (sl) |
|
| 11 | 11
8
pgs
respm
Memorandum in Support
Fri 11/29 4:30 PM
MEMORANDUM in Support re10 MOTION to Dismiss for Lack of Jurisdiction Stay or, in the Alternative, Motion to Transfer filed by Biersch, INC.(Hedican, Christopher) |
|
|
Att: 1
Exhibit 1 - T. Morio Declaration,
|
||
|
Att: 2
Exhibit A to Morio Declaration,
|
||
|
Att: 3
Exhibit B to Morio Declaration
|
||
| 10 | 10
motion
Dismiss/Lack of Jurisdiction
Fri 11/29 4:24 PM
MOTION to Dismiss for Lack of Jurisdiction Stay or, in the Alternative, Motion to Transfer by Biersch, INC. (Hedican, Christopher) |
|
| Wednesday, November 27, 2024 | ||
| 9 | 9
service
Certificate of Service
Wed 11/27 3:04 PM
CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re8 MOTION for Preliminary Injunction Antisuit Injunction on Opposing Counsel (Grossman, Lee) |
|
| 8 | 8
motion
Preliminary Injunction
Wed 11/27 3:00 PM
MOTION for Preliminary Injunction Antisuit Injunction by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington.(Grossman, Lee) |
|
|
Att: 1
Notice of Preliminary Antisuit Injunction Motion,
|
||
|
Att: 2
Memorandum in Support of Preliminary Antisuit Injunction Motion,
|
||
|
Att: 3
Exhibit 1 to Memorandum - Premiere Ag Register of Actions Richland County
|
||
|
utility
Docket Correction
Wed 11/27 2:13 PM
DOCKET CORRECTION re:5 MOTION for Preliminary Injunction. Clerk's Office removed duplicative exhibit language and clarified attachment descriptions. Multiple relief document filed. Clerk's Office filed Motion for Hearing at 7 . (sl) |
||
| Tuesday, November 26, 2024 | ||
| 7 | 7
motion
Hearing
Wed 11/27 2:12 PM
MOTION for Hearing by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, and Matthew Boyington. See Document at5 . (sl) |
|
| 6 | 6
service
Certificate of Service
Tue 11/26 4:52 PM
CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re5 MOTION for Preliminary Injunction and Request for Oral Argument on Opposing Counsel (Grossman, Lee) |
|
| 5 | 5
motion
Preliminary Injunction
Tue 11/26 4:51 PM
MOTION for Preliminary Injunction and Request for Oral Argument by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington.(Grossman, Lee) |
|
|
Att: 1
Notice of Motion for Preliminary Injunction,
|
||
|
Att: 2
Memorandum in Support of Motion for Preliminary Injunction,
|
||
|
Att: 3
Exhibit Exhibit 2 to Memorandum in Support of Motion for Preliminary Injunction - Order Granting Ex Parte Temporary Restraining Order and Notice of Entry of Order
|
||
| 4 | 4
service
Certificate of Service
Tue 11/26 3:44 PM
CERTIFICATE OF SERVICE by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington re3 Corporate Disclosure Statement,2 Notice of Appearance on Opposing Counsel (Grossman, Lee) |
|
| 3 | 3
misc
Corporate Disclosure Statement
Tue 11/26 3:42 PM
Corporate Disclosure Statement by Premiere Ag Manufacturing LLC, Premiere Shortline USA, LLC, Matthew Boyington. (Grossman, Lee) |
|
| 2 | 2
notice
Notice of Appearance
Tue 11/26 3:39 PM
NOTICE of Appearance by Lee M. Grossman on behalf of All Plaintiffs (Grossman, Lee) |
|
| Monday, November 25, 2024 | ||
| 1 | 1
cmp
Notice of Removal
Mon 11/25 4:19 PM
NOTICE OF REMOVAL by Biersch, INC from District Court Southeast Judicial District, County of Richland, case number 39-2024-CV-00341. Filing fee $ 405 receipt number 300001042 filed by Biersch, INC.(bl) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Exhibit A - Summons and complaint from district court,
|
||
|
Att: 3
Exhibit B - Notice of filing of removal from district court
|
||