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 |
Represented Party | Attorney & Contact Info |
Martin Meissner Plaintiff |
Christopher B. Nelson Robert F. Flynn |
BF Labs Inc. Defendant |
James M. Humphrey Mark A. Olthoff Michael S. Foster |
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 |
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 Kersten L. Holzhueter Lucinda Housley Luetkemeyer Stephanie Lovett Bowman |
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) |