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16-466 - Borowiak IGA Foodliner, Inc. v. Affiliated Foods Midwest Cooperative, Inc.


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16-466 - Borowiak IGA Foodliner, Inc. v. Affiliated Foods Midwest Cooperative, Inc.
November 2, 2016
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processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (KLF)AMENDED REASSIGNMENT ORDER - Before the court is the Notice of Related Case (Filing No. 8) filed by the Plaintiff in Case No. 8:16CV466. After a review of the matter, the court finds that the above cases are related as defined under NEGenR 1.4(a)(4)(c)(i). Accordingly, Case No. 8:16CV466, Borowiak IGA Foodliner, Inc., v. Affiliated Foods Midwest Cooperative, Inc, is reassigned to Senior Judge Joseph F. Bataillon for disposition and to Magistrate Judge F. A. Gossett for judicial supervision and
January 5, 2017
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ORDER - Borowiak IGA's Motion for Extension of Time to File a Rule 26(f) Report (Filing No. 25 in Case No. 8:16cv466) is granted. The Rule 26 Meeting Report Deadline is canceled in case numbers 8:16cv465 and 8:16cv466. The court will reset the deadline upon resolution of the pending Motion to Consolidate. Ordered by Magistrate Judge F.A. Gossett. (KLF)
January 17, 2017
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ORDER - Borowiak IGA Foodliner, Inc.'s Motion to Consolidate (Filing No. 23 in Case No. 8:16CV466) is granted, in part. To the extent that the motion to consolidate asks the cases be consolidated for trial, it is denied without prejudice to reassertion at a later date. The two above-captioned cases are consolidated for purposes of discovery and pretrial management only. Case No. 8:16CV466 will be designated as the "Lead Case" and Case No. 8:16CV465 will be designated as "Member Case." The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. The parties are instructed to file documents related to discovery (except those described in paragraph 5) in the Lead Case and to select the option "yes" in response to the System's question whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes an item in addition to those described in paragraph 4 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. The parties shall have until February 17, 2017, to meet, confer, and jointly file a report pursuant to Fed. R. Civ. P. 26(f), encompassing both cases. Ordered by Magistrate Judge F.A. Gossett. (KLF)
May 19, 2017
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ORDER - Plaintiffs' Motion to Amend Pleadings in the Member Case (Filing No. 45) in Case No. 8:16cv465 is granted. Plaintiffs may file the Amended Complaint on or before June 2, 2017. Ordered by Magistrate Judge F.A. Gossett. (KLF)
May 30, 2017
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ORDER that the Motion to Strike Plaintiff's Jury Demand in the Lead Case (Filing No. 37) is granted. Member Cases: 8:16-cv-00466-JFB-FG3, 8:16-cv-00465-JFB-FG3 Ordered by Magistrate Judge F.A. Gossett. (LAC)
August 3, 2017
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MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: The objections to the findings of the magistrate judge in the Lead Case, Filing No. 54, are overruled. The objections to the findings of the magistrate judge in the Member Case, Filing No. 61, are overruled. The motion to strike the jury demand in the Lead Case, Filing No. 37, is granted. The order of the magistrate judge, Filing No. 48, is adopted in its entirety. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Senior Judge Joseph F. Bataillon. (TCL)
October 6, 2017
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PROTECTIVE ORDER. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
December 11, 2017
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ORDER that Borowiak's Motion to Compel (Filing No. 86), is granted, in part, in accordance with the parties' agreements and the Court's direction as discussed during the telephonic conference. The parties' supplemental production of documents shall take place on or before December 22, 2017. Per the parties' stipulation, the deadline for each defendant, counter-defendant, and cross-defendant to identify expert witnesses and serve expert reports is extended to December 18, 2017. If necessary to refute the disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or cross-claimant may disclose additional expert witnesses not later than January 19, 2018. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
February 20, 2018
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ORDER - Affiliated Foods Midwest Cooperative, Inc. and Associated Wholesale Grocers, Inc.'s Motion to Suspend Discovery Deadlines in the Member Case Pending Resolution of Motion to Consolidate (Filing No. 106 in Case No. 8:16CV465) is granted. Within fourteen (14) days after the Court issues its ruling on Borowiak IGA Foodliner's Motion to Schedule Jury Trial and Consolidate (Filing No. 104 in Case No. 8:16CV465), the parties shall submit a joint proposed revised schedule for progression of the case to the undersigned magistrate judge. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
May 3, 2018
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ORDER - The two above-captioned cases are consolidated for purposes of discovery and pretrial management. Case No. 8:16CV466 is designated as the "Lead Case" and Case No. 8:16CV465 is designated as "Member Case." The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. The parties are instructed to file documents related to discovery (except those described in paragraph 5) in the Lead Case and to select the option "yes" in response to the System's question whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes an item in addition to those described in paragraph 4 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (KMM)
July 9, 2018
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ORDER that the Motion to Quash and/or Protective Order and For Expedited Relief (Filing No. 152 in the Lead Case; Filing No. 158 in the Member Case) is granted. Counsel are to meet and confer to expeditiously reschedule Mark Franklin's deposition for a date convenient for all parties. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
September 21, 2018
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ovide responsive documents and indicating whether all responsive documents have been produced after a diligent and good faith effort to locate and identify responsive materials. Borowiak shall also produce any additional responsive documents located after its search. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO) (Additional attachment(s) added on 9/24/2018: # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F) (LKO).ORDER - In the Member Case, on or before October 5, 2018, AFM/AWG is to produce documents responsive to SuperValu's Request for Production of Document Nos. 1 and 25-29, in accordance with SuperValu's last offered compromise (Ex. A). In the Lead Case, on or before October 5, 2018, AFM/AWG is to identify by Bates number (or some other easily identifiable manner) the 70-plus emails they assert were produced by SuperValu to both parties in the Member Case that should have been produced by Borowiak; Thereafter, on or before October 19, 2018, Borowiak is to conduct a reasonable investigation into why these emails were not produced, and provide an affidavit to AFM/AWG identifying its efforts to obtain and pr
October 25, 2018
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ORDER that AFM/AWG's Motion for Leave to File Supplemental Counterclaim and Supplemental Third-Party Complaint (Filing No. 171) is denied. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
November 8, 2018
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ORDER that AFM/AWG's Motion to Quash Corporate Representative Deposition of Associated Wholesale Grocers (Filing No. 220 in Lead Case; Filing No. 232 in Member Case) is denied as moot. The Rule 30(b)(6) deposition of AWG shall take place on November 15, 2018. Counsel for Borowiak IGA Foodliner, Inc. may appear at such deposition by telephone. The deadline for parties to file Motions to Dismiss and/or Motions for Summary Judgment is extended to November 21, 2018. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)