Case details

Court: ksd
Docket #: 2:13-cv-02617
Case Name: Meissner v. BF Labs Inc.
PACER case #: 95395
Date filed: 2013-12-02
Date terminated: 2015-07-07
Date of last filing: 2014-11-06
Assigned to: District Judge Richard D. Rogers
Referred to: Magistrate Judge K. Gary Sebelius
Case Cause: 28:1330 Breach of Contract
Nature of Suit: 190 Contract: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Martin Meissner
Plaintiff
Christopher B. Nelson
The Flynn Law Firm, PA 1150 Grand Blvd., Suite 300 Kansas City, MO 64106 816-283-3400 Fax: 816-283-3405 Email: Christopher@TheFlynnLawFirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert F. Flynn
The Flynn Law Firm, PA 1150 Grand Blvd., Suite 300 Kansas City, MO 64106 816-283-3400 Fax: 816-283-3405 Email: robert@theflynnlawfirm.com
ATTORNEY TO BE NOTICED

BF Labs Inc.
Defendant
James M. Humphrey
U.S. Commodity Futures Trading Commission - KC 4900 Main Street, Suite 500 Kansas City, MO 64112-1764 816-960-7722 Fax: 816-960-7751 Email: jhumphrey@cftc.gov
TERMINATED: 04/06/2015 LEAD ATTORNEY

Mark A. Olthoff
Polsinelli PC - 48th Street 900 W. 48th Place, Suite 900 Kansas City, MO 64112-1895 816-753-1000 Fax: 816-753-1536 Email: molthoff@polsinelli.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael S. Foster
Polsinelli PC - 48th Street 900 W. 48th Place, Suite 900 Kansas City, MO 64112-1895 816-753-1000 Fax: 816-753-1536 Email: mfoster@polsinelli.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Temporary Receiver Eric L. Johnson
Receiver
Spencer Fane Britt & Browne LLP 1000 Walnut Street Suite 1400 Kansas City, MO 64106 816-474-8100 Temporary Receiver for Defendant BF Labs, Inc.
Kersten L. Holzhueter
Spencer Fane Britt & Browne LLP - KC 1000 Walnut Street, Suite 1400 Kansas City, MO 64106-2140 816-292-8302 Fax: 816-474-3216 Email: kholzhueter@spencerfane.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric L. Johnson
Receiver
Spencer Fane Britt & Browne 1000 Walnut Suite 1400 Kansas City, MO 64106 816-474-8100 Temporary Receiver for Defendant BF Labs, Inc.
Bryant T. Lamer
Spencer Fane Britt & Browne LLP - KC 1000 Walnut Street, Suite 1400 Kansas City, MO 64106-2140 816-474-8100 Fax: 816-474-3216 Email: blamer@spencerfane.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kersten L. Holzhueter
Spencer Fane Britt & Browne LLP - KC 1000 Walnut Street, Suite 1400 Kansas City, MO 64106-2140 816-292-8302 Fax: 816-474-3216 Email: kholzhueter@spencerfane.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lucinda Housley Luetkemeyer
Graves Garrett LLC - KC 1100 Main Street, Suite 2700 Kansas City, MO 64105-5195 816-256-3181 Fax: 816-827-0032 Email: LLuetkemeyer@GravesGarrett.com
TERMINATED: 02/27/2015 LEAD ATTORNEY

Stephanie Lovett Bowman
Spencer Fane Britt & Browne LLP - KC 1000 Walnut Street, Suite 1400 Kansas City, MO 64106-2140 816-292-8223 Fax: 816-474-3216 Email: slovettbowman@spencerfane.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-12-02 1 0 Civil Cover Sheet CIVIL COVER SHEET by Plaintiff Martin Meissner. (Flynn, Robert) (Entered: 12/02/2013) 2014-10-11 23:24:17 c12805e8f10653acbd40126e86ce410e627c277d
2013-12-02 2 0 Complaint COMPLAINT with trial location of Kansas City (Filing fee $400, Internet Payment Receipt Number 1083-2915747.), filed by Martin Meissner.(Flynn, Robert) (Entered: 12/02/2013) 2014-02-05 15:31:21 d369a9cde94af7ae202f34ae02c588ecd10619be
2013-12-03 3 0 Designation of Place of Trial DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Martin Meissner - trial to be held in Kansas City. (Flynn, Robert) (Entered: 12/03/2013) 2014-10-11 23:25:22 6a0e05c426fad2826c019e6a1d956ac8e561e796
2013-12-30 4 0 Return of Service of Summons Executed SUMMONS RETURNED EXECUTED -- Certified Mail by Martin Meissner upon BF Labs Inc. served on 12/5/2013, answer due 12/26/2013. (Flynn, Robert) (Entered: 12/30/2013) 2014-04-29 13:05:15 ab0eac4ddb0804daa67880ee449db255a5c6bf41
2013-12-30 5 0 Application for Clerks Entry of Default APPLICATION FOR CLERKS ENTRY OF DEFAULT by Martin Meissner. (Attachments: # 1 Affidavit Declaration of Robert F. Flynn)(Flynn, Robert) (Entered: 12/30/2013) 2014-10-11 23:25:40 1a35e1b6ba519e3a2b90a26a27de6207fd66ce5b
5 1 Affidavit Declaration of Robert F. Flynn 2014-10-11 23:26:23 969e8036e2639cf8c04ea733a72d83db7fdc9434
2014-01-03 6 0 Clerks Entry of Default (VACATED - SEE 13 ORDER) CLERKS ENTRY OF DEFAULT as to BF Labs Inc. Signed by deputy clerk on 1/3/2014. (meh) (Entered: 01/03/2014) 2014-10-15 00:29:55 36e10ba39459b44e8c15ac2b89ce69a90be570db
2014-01-06 7 0 Motion to Vacate MOTION to Vacate 6 Clerks Entry of Default And For Leave To File Responsive Pleading by Defendant BF Labs Inc.(Humphrey, James) (Entered: 01/06/2014)
2014-01-06 8 0 Memorandum in Support of Motion MEMORANDUM IN SUPPORT of 7 MOTION to Vacate 6 Clerks Entry of Default And For Leave To File Responsive Pleading by Defendant BF Labs Inc.(Humphrey, James) (Entered: 01/06/2014)
2014-01-13 9 0 Motion for Default Judgment MOTION for Default Judgment by Plaintiff Martin Meissner. (Attachments: # 1 Affidavit of Attorney Robert F. Flynn, # 2 Affidavit of Plaintiff Martin Meissner)(Flynn, Robert) (Entered: 01/13/2014)
2014-01-21 10 0 Response to Motion RESPONSE by Plaintiff Martin Meissner re 7 MOTION to Vacate 6 Clerks Entry of Default And For Leave To File Responsive Pleading. (Flynn, Robert) (Entered: 01/21/2014)
2014-01-27 11 0 Response to Motion RESPONSE by Defendant BF Labs Inc. re 9 MOTION for Default Judgment (Attachments: # 1 Declaration of David McClain, # 2 Exhibit (B) April 24, 2013 Order, # 3 Exhibit (C) Proposed Answer, # 4 Exhibit (D) Proposed Motion to Dismiss, # 5 Exhibit (E) Proposed Memorandum in Support of Motion to Dismiss, # 6 Exhibit (F) Demand Letter)(Humphrey, James) (Entered: 01/27/2014)
11 1 Declaration of David McClain
11 2 Exhibit (B) April 24, 2013 Order
11 3 Exhibit (C) Proposed Answer
11 4 Exhibit (D) Proposed Motion to Dismiss
11 5 Exhibit (E) Proposed Memorandum in Support of Motion to Dismiss
11 6 Exhibit (F) Demand Letter
2014-02-04 12 0 Reply to Response to Motion REPLY to Response to Motion by Defendant BF Labs Inc. re: 7 MOTION to Vacate 6 Clerks Entry of Default And For Leave To File Responsive Pleading. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Humphrey, James) (Entered: 02/04/2014)
12 1 Exhibit A
12 2 Exhibit B
12 3 Exhibit C
2014-02-14 13 0 Order on Motion to Vacate MEMORANDUM AND ORDER granting 7 MOTION to Vacate 6 Clerks Entry of Default And For Leave To File Responsive Pleading; denying 9 Motion for Default Judgment. The court shall allow defendant 10 days from the date of this order to file a responsive pleading. Signed by District Judge Richard D. Rogers on 2/14/2014. (meh) (Entered: 02/14/2014)
2014-02-21 14 0 Motion to Dismiss for Failure to State a Claim MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant BF Labs Inc.(Humphrey, James) (Entered: 02/21/2014)
2014-02-21 15 0 Memorandum in Support of Motion MEMORANDUM IN SUPPORT of 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant BF Labs Inc.(Humphrey, James) (Entered: 02/21/2014)
2014-02-21 16 0 Answer to Complaint ANSWER to Complaint by BF Labs Inc..(Humphrey, James) (Entered: 02/21/2014)
2014-03-14 17 0 Response to Motion RESPONSE by Plaintiff Martin Meissner re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Flynn, Robert) (Entered: 03/14/2014)
2014-03-14 18 0 Memorandum in Opposition to Motion MEMORANDUM IN SUPPORT OF 17 RESPONSE by Plaintiff Martin Meissner re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Attachments: # 1 Redacted Exhibit Invoice #100025555, # 2 Redacted Exhibit Payment Advice)(Flynn, Robert) (Entered: 03/14/2014)
18 1 Redacted Exhibit Invoice #100025555
18 2 Redacted Exhibit Payment Advice
2014-03-17 19 0 Entry of Appearance ENTRY OF APPEARANCE by Christopher B. Nelson on behalf of Martin Meissner. (Nelson, Christopher) (Entered: 03/17/2014)
2014-03-28 20 0 Reply to Response to Motion REPLY to Response to Motion by Defendant BF Labs Inc. re: 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Attachments: # 1 Exhibit A)(Humphrey, James) (Entered: 03/28/2014)
20 1 Exhibit A
2014-05-29 21 0 Entry of Appearance ENTRY OF APPEARANCE by Michael S. Foster on behalf of BF Labs Inc. (Foster, Michael) (Entered: 05/29/2014)
2014-06-06 22 0 Order on Motion to Dismiss for Failure to State a Claim MEMORANDUM AND ORDER - Defendant's motion to dismiss ( 14 Motion to Dismiss for Failure to State a Claim) is hereby denied except to the extent noted in the Memorandum and Order. Signed by District Judge Richard D. Rogers on 6/6/14. (meh) (Entered: 06/06/2014)
2014-06-09 23 0 Order Setting Scheduling Conference ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 8/6/2014 at 2:30 PM by telephone before Magistrate Judge K. Gary Sebelius. Report of Parties' Planning Meeting deadline 7/30/2014. Rule 26 Initial Disclosure Deadline set for 7/30/2014. Signed by Magistrate Judge K. Gary Sebelius on 6/9/14. (bh) (Entered: 06/09/2014)
2014-07-15 24 0 Certificate of Service CERTIFICATE OF SERVICE of Plaintiff's Initial Rule 26 Disclosure by Martin Meissner. (Flynn, Robert) (Entered: 07/15/2014)
2014-07-30 25 0 Certificate of Service CERTIFICATE OF SERVICE of Rule 26 Initial Disclosures by BF Labs Inc.. (Foster, Michael) (Entered: 07/30/2014)
2014-08-06 26 0 Scheduling Conference MINUTE ENTRY for proceedings held before Magistrate Judge K. Gary Sebelius: SCHEDULING CONFERENCE held on 8/6/2014. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 08/06/2014)
2014-08-06 27 0 Scheduling Order SCHEDULING ORDER: Estimated trial time is 4-6 days. Discovery deadline 2/27/2015. Dispositive motion deadline 3/23/2015. Mediation deadline 12/1/2014. Proposed Pretrial Order due by 3/2/2015. Final Pretrial Conference set for 3/9/2015 at 9:30 AM by telephone before Magistrate Judge K. Gary Sebelius. Participants shall dial into the call at (785) 338-5499. Signed by Magistrate Judge K. Gary Sebelius on 8/6/14. (bh) (Entered: 08/06/2014)
2014-08-07 28 0 Protective Order PROTECTIVE ORDER. The parties shall abide by the terms of the attached order. Signed by Magistrate Judge K. Gary Sebelius on 8/7/14. (bh) (Entered: 08/07/2014)
2014-08-07 29 0 Order AGREED ORDER ESTABLISHING PROTOCOL FOR ESI AND PAPER DOCUMENTS. The parties shall abide by the terms of the attached order.. Signed by Magistrate Judge K. Gary Sebelius on 8/7/14. (bh) (Entered: 08/07/2014)
2014-09-03 30 0 Certificate of Service CERTIFICATE OF SERVICE of Interrogatories and Request for Production to Defendant BF Labs by Martin Meissner. (Flynn, Robert) (Entered: 09/03/2014)
2014-09-12 31 0 Notice (Other) NOTICE of Mediation by BF Labs Inc. (Humphrey, James) (Entered: 09/12/2014) 2014-09-20 03:34:01 0566033b18edd8a7767313d006322122b2b4c070
2014-09-24 32 0 Certificate of Service CERTIFICATE OF SERVICE of Plaintiff's Second Request for Production to BF Labs by Martin Meissner. (Flynn, Robert) (Entered: 09/24/2014)
2014-09-30 33 0 Motion for Extension of Time MOTION for extension of time to Move to Amend Pleadings by Plaintiff Martin Meissner. (Flynn, Robert) (Entered: 09/30/2014)
2014-10-01 34 0 Motion to Stay Case MOTION to Stay Case by Receiver Eric L. Johnson (Attachments: # 1 Exhibit 1 - Appointment Order, # 2 Exhibit 2 - TRO)(Holzhueter, Kersten) (Entered: 10/01/2014)
2014-10-06 35 0 Entry of Appearance ENTRY OF APPEARANCE by Stephanie Lovett Bowman on behalf of Eric L. Johnson. (Lovett Bowman, Stephanie) (Entered: 10/06/2014)
2014-10-06 36 0 Entry of Appearance ENTRY OF APPEARANCE by Bryant T. Lamer on behalf of Eric L. Johnson. (Lamer, Bryant) (Entered: 10/06/2014)
2014-10-06 37 0 Entry of Appearance (DISREGARD ENTRY - DUPLICATE FILING OF DE # 36) ENTRY OF APPEARANCE on behalf of Eric L. Johnson. (Holzhueter, Kersten) Modified on 10/6/2014 to block from public view. (kao) (Entered: 10/06/2014)
2014-10-06 38 0 Entry of Appearance ENTRY OF APPEARANCE by Kersten L. Holzhueter on behalf of Eric L. Johnson. (Holzhueter, Kersten) (Entered: 10/06/2014)
2014-10-06 39 0 Memorandum in Support of Motion MEMORANDUM IN SUPPORT of 34 MOTION to Stay Case (Supplemental Memorandum in Support of Motion to Stay) by Receiver Eric L. Johnson. (Attachments: # 1 Exhibit Stipulated Interim Order)(Lamer, Bryant) (Entered: 10/06/2014) 2014-10-11 23:28:20 f40bf475c00a3d37099b0f6ce95eab0b306a6299
39 1 Exhibit Stipulated Interim Order
2014-10-14 40 0 Entry of Appearance ENTRY OF APPEARANCE by Lucinda Housley Luetkemeyer on behalf of Eric L. Johnson (Luetkemeyer, Lucinda) (Entered: 10/14/2014) 2014-11-06 00:02:24 fd8072ebeb5cf90f076d9a52975e43a7a5a9e5f0
2014-10-15 41 0 Motion for Extension of Time to File Response/Reply MOTION for Extension of Time to File Response as to 34 MOTION to Stay Case by Plaintiff Martin Meissner(Flynn, Robert) (Entered: 10/15/2014) 2014-10-21 17:16:11 25cda39c54d3bd4118bb4a5bdd300459535fe2a9
2014-10-16 42 0 Order on Motion for Extension of Time to File Response/Reply ORDER granting 41 Motion for Extension of Time. Plaintiff has up to and including October 29, 2014, to file a response to 34 the pending motion to stay. Signed by Magistrate Judge K. Gary Sebelius on 10/16/14. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 10/16/2014)
2014-10-28 43 0 Motion to Stay Case JOINT MOTION to Stay Case by Receiver Eric L. Johnson. (Attachments: # 1 Exhibit 1)(Holzhueter, Kersten) (Entered: 10/28/2014) 2014-10-29 00:54:12 fa2dfcd6597538b471547bb6bb47c7da0eb59f2d
43 1 Exhibit 1 2014-10-29 18:35:11 85fb02649f459dfb927c78a9c1775d8ca53c8447
2014-11-06 44 0 Order on Motion to Stay Case ORDER granting 43 Joint Motion to Stay Case. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 11/6/14. (bh) (msb). (Entered: 11/06/2014) 2014-12-10 17:05:11 abc9cc66840350214a89339e12f0179f03629445
2014-11-06 45 0 Order on Motion for Extension of Time ORDER denying as moot 34 Motion to Stay and denying without prejudice 33 Plaintiff's Motion for Extension of Time to Move to Amend Pleadings. The court has now entered an order granting the parties' joint motion for a stay. Therefore, the receiver's previously filed motion to stay is moot. The court also denies plaintiff's motion for an extension of time to move to amend the pleadings. The court will reset this deadline after the stay is lifted. Signed by Magistrate Judge K. Gary Sebelius on 11/6/2014. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 11/06/2014)
2014-12-19 46 0 STATUS REPORT (JOINT) by Eric L. Johnson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lamer, Bryant) (Entered: 12/19/2014)
2014-12-30 47 0 NOTICE of Wind Down of Temporary Receivership by Eric L. Johnson. (Attachments: # 1 Exhibit A)(Lamer, Bryant) (Entered: 12/30/2014)
2015-01-30 48 0 CERTIFICATE OF SERVICE of Response to First Set of Interrogatories by BF Labs Inc.. (Foster, Michael) (Entered: 01/30/2015)
2015-01-30 49 0 CERTIFICATE OF SERVICE of Responses to First Request for Production by BF Labs Inc.. (Foster, Michael) (Entered: 01/30/2015)
2015-02-06 50 0 CERTIFICATE OF SERVICE of Responses to Plaintiff's Second Request for Production by BF Labs Inc.. (Foster, Michael) (Entered: 02/06/2015)
2015-02-09 51 0 ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/8/2015 at 1:30 PM by telephone before Magistrate Judge K. Gary Sebelius. Participants shall dial into the call at (785) 338-5499. Report of Parties' Planning Meeting and copies of Rule 26 Initial Disclosures due to the magistrate judge by 4/1/2015. Signed by Magistrate Judge K. Gary Sebelius on 2/9/15. (bh) (Entered: 02/09/2015)
2015-02-27 52 0 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Lucinda H. Luetkemeyer as to Temporary Receiver Eric L. Johnson. (Luetkemeyer, Lucinda) Modified on 2/27/2015 to correct party name. (kao) (Entered: 02/27/2015)
2015-03-16 53 0 CERTIFICATE OF SERVICE of Discovery Requests to Defendant BF Labs by Martin Meissner. (Flynn, Robert) (Entered: 03/16/2015)
2015-03-16 54 0 NOTICE by Plaintiff Martin Meissner of taking deposition of Dave McClain on April 20, 2015. (Flynn, Robert) (Entered: 03/16/2015)
2015-03-16 55 0 NOTICE by Plaintiff Martin Meissner of taking deposition of Darla "Jody" Drake on April 27, 2015. (Flynn, Robert) (Entered: 03/16/2015)
2015-03-16 56 0 MOTION to Amend Complaint re 2 Complaint by Plaintiff Martin Meissner. (referred to Magistrate Judge K. Gary Sebelius) (Flynn, Robert) (Entered: 03/16/2015)
2015-03-16 57 0 MEMORANDUM IN SUPPORT of 56 MOTION to Amend Complaint re 2 Complaint by Plaintiff Martin Meissner. (Attachments: # 1 Proposed Amended Complaint)(Flynn, Robert) (Entered: 03/16/2015)
2015-03-17 58 0 ADR REPORT by BF Labs Inc.. ADR session held on: March 3, 2015 and conducted by Richard McLeod. Results of ADR: Case settled at ADR. Status of litigation at time of ADR: Partial Discovery. (Humphrey, James) (Entered: 03/17/2015)
2015-04-06 59 0 WITHDRAWAL OF COUNSEL by James M. Humphrey and ENTRY OF APPEARANCE OF SUBSTITUTED COUNSEL by Mark A. Olthoff on behalf of BF Labs Inc. (Olthoff, Mark) (Entered: 04/06/2015)
2015-04-06 60 0 MOTION to Stay Case by Plaintiff Martin Meissner. (referred to Magistrate Judge K. Gary Sebelius) (Nelson, Christopher) (Entered: 04/06/2015)
2015-04-07 61 0 ORDER granting 60 Joint Motion to Stay Case. The Joint Motion for Stay be hereby granted. This action is stayed until July 7, 2015. If this action is not dismissed by that date, the parties will file a status report with the court. Because this case is now stayed, the court cancels the scheduling conference set for April 8, 2015. Signed by Magistrate Judge K. Gary Sebelius on 4/7/15. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 04/07/2015)
2015-07-06 62 0 UNOPPOED MOTION to Dismiss (Stipulation of Dismissal) with Prejudice by Plaintiff Martin Meissner. (Nelson, Christopher) (Entered: 07/06/2015)