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14-859 - Nestle Purina PetCare Company v. The Blue Buffalo Company Ltd.


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14-859 - Nestle Purina PetCare Company v. The Blue Buffalo Company Ltd.
April 20, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that PRCG/Haggerty's Motion to Dismiss #141 is GRANTED in part and DENIED in part.IT IS FURTHER ORDERED that Blue State Digita's Motion to Dismiss #143 is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Blue Buffalo shall file an amended counterclaim within twenty (20) days of this Order to bring it into conformity with the terms of this Order and the pleading requirements of Rule 8(a).. Signed by District Judge Rodney W. Sippel on 4/20/15. (LGK)
September 8, 2015
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MEMORANDUM AND ORDER re 389 MOTION to Dismiss Party filed by Third Party Defendant Diversified Ingredients, Inc. The motion is GRANTED in part and DENIED in part. Blue Buffalo shall file an amended third-party complaint no later than 9/25/2015 in accordance with the terms of this Order. Signed by District Judge Rodney W. Sippel on 9/8/15. (CAR)
September 8, 2015
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MEMORANDUM AND ORDER re 392 MOTION to Dismiss Party filed by Third Party Defendant Wilbur-Ellis Company. The motion is GRANTED in part and DENIED in part. Blue Buffalo shall file an amended third-party complaint no later than 9/25/2015 in accordance with the terms of this Order. Signed by District Judge Rodney W. Sippel on 9/8/15. (CAR)
March 24, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Wilbur-Ellis' motion to compel #609 and nonparty Darling Ingredients motion to quash #644 are DENIED for lack of jurisdiction. Signed by District Judge Rodney W. Sippel on 3/24/16. (ARL)
April 19, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Wilbur-Ellis Company, William Haning, Oliver Harwell, and Henry Rychliks motion to dismiss Diversified Ingredients crossclaims 508 is GRANTED in part and DENIED in part in accordance with the terms of this Memorandum and Order. IT IS FURTHER ORDERED that Custom Ag Commodities, LLC and Troy Geracis motion to dismiss Diversified Ingredients third party claims 557 is GRANTED in part and DENIED in part in accordance with the terms of this Memorandum and Order. IT IS FURTHER ORDERED that Diversified Ingredients shall file an amended crossclaim and third-party complaint in accordance with the terms of this Memorandum and Order no later than May 20, 2016. Signed by District Judge Rodney W. Sippel on 4/19/16. (CAR)
April 19, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Purina's motion for leave to file third amended complaint #469 is GRANTED. IT IS FURTHER ORDERED that Purina's motion for leave to file under seal its motion for leave to file third amended complaint #468 is GRANTED. IT IS FURTHER ORDERED that Blue Buffalo's motion to strike #681 is DENIED.. Signed by District Judge Rodney W. Sippel on 4/19/16. (LGK)
April 19, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Wilbur-Ellis Company's motion to dismiss #500 is GRANTED. IT IS FURTHER ORDERED that Blue Buffalo shall file an amended complaint in compliance with this Memorandum and Order by no later than April 29, 2016.. Signed by District Judge Rodney W. Sippel on 4/19/16. (LGK)
May 6, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Wilbur-Ellis' motion to reconsider #725 and Non-party Darling Ingredients' motion in the alternative to reconsider #741 are GRANTED in accordance with the terms of this Memorandum and Order. I have reconsidered my Memorandum and Order of March 24, 2016, and conclude that I do have jurisdiction over and will hear any remaining dispute between Wilbur-Ellis and Darling Ingredients regarding Wilbur-Ellis subpoena to Darling that seeks compliance in Clayton, Missouri. Before bringing any remaining dispute to my attention, however, the parties shall meet and confer and make good faith efforts to resolve their disputes on their own and in accordance with my previous rulings, including the rulings I stated on the record at the April 20, 2016 status conference. IT IS FURTHER ORDERED that Non-party Darling Ingredients motion to strike #742 is DENIED as moot. Signed by District Judge Rodney W. Sippel on 5/6/16. (ARL)
August 12, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Purina's motion for separate trials #837 is DENIED without prejudice. IT IS FURTHER ORDERED that the parties shall submit a joint proposed amended scheduling plan no later than September 16, 2016.. Signed by District Judge Rodney W. Sippel on 8/12/16. (LGK)
August 12, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Blue Buffalo's Motion for Leave to Further Amend its Answer and Counterclaim #784 is GRANTED in part and DENIED in part. It is granted to the extent Blue Buffalo seeks leave to amend its counterclaim and its affirmative defense of laches, and it is denied to the extent Blue Buffalo seeks leave to amend its affirmative defense of unclean hands. IT IS FURTHER ORDERED that Blue Buffalo shall strike its unclean hands defense from its pleadings. Fed. R. Civ. P. 12(f). IT IS FURTHER ORDERED that Purina's Motion to Dismiss Defendants' AffirmativeDefenses of Unclean Hands and Laches #824 is DENIED without prejudice as moot.. Signed by District Judge Rodney W. Sippel on 8/12/16. (LGK)
September 15, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Diversified Ingredients' motions to dismiss counts 1 and 10 of Blue Buffalo's second amended third-party complaint, #819 and #989, are GRANTED in accordance with the terms of this Memorandum and Order. IT IS FURTHER ORDERED that Wilbur-Ellis's joinder to Diversified Ingredients' motion to dismiss counts 1 and 10 of Blue Buffalo's second amended third-party complaint #827 is GRANTED in accordance with the terms of this Memorandum and Order. IT IS FURTHER ORDERED that Blue Buffalo shall file an amended third-party complaint to bring it into compliance with the terms of this Memorandum and Order no later than September 30, 2016.. Signed by District Judge Rodney W. Sippel on 9/15/16. (LGK)
September 27, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Diversified Ingredients' Motion to Dismiss Third-party Complaint of Wilbur-Ellis 921 is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that David Dressel, Dean H. Hiller and Edward J. Wanner's Motion to Dismiss the Third-party Complaint of Wilbur-Ellis 919 is GRANTED. David Dressel, Dean H. Hiller and Edward J. Wanner shall be DISMISSED from this suit without prejudice. IT IS FURTHER ORDERED that Wilbur-Ellis shall file an amended third-party complaint to bring it into compliance with the terms of this Memorandum and Order no later than 10/10/2016. Signed by District Judge Rodney W. Sippel on 9/27/16. (CAR)