U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:07 CV 03970 RHK JJK

APPEAL, MDL, PHV, PROTO, REOPEN, SCENTLOK
U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:07cv03970RHKJJK Internal Use Only
Buetow et al v. A L S Enterprises Inc et al Assigned to: Judge Richard H. Kyle Referred to: Magistrate Judge Jeffrey J. Keyes Lead case: 0:09md02059RHKJJK Member cases: 0:07cv03970RHKJJK 0:09cv01610RHKJJK 0:09cv01611RHKJJK 0:09cv01603RHKJJK 0:09cv01807RHKJJK 0:09cv01806RHKJJK 0:09cv01805RHKJJK 0:09cv02036RHKJJK 0:09cv01609RHKJJK 0:09cv02242RHKJJK Cause: 28:1332 DiversityFraud Plaintiff Theodore Robert Carlson individually on behalf of himself and all other Minnesota residents and entities similarly situated TERMINATED: 01/29/2008 Date Filed: 09/13/2007 Jury Demand: Plaintiff Nature of Suit: 370 Fraud or TruthInLending Jurisdiction: Diversity
represented by Ernest W Grumbles , III Merchant &Gould PC 80 S 8th St Ste 3200 Mpls, MN 55402 (612) 3325300 Fax: (612) 3329081 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J Leach , III Merchant &Gould PC 80 S 8th St Ste 3200 Mpls, MN 55402 6123325300 Fax: 6123329081 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Troy J Hutchinson Stoel Rives LLP 33 S 6th St Ste 4200 Minneapolis, MN 55402
Appellate Case: 10-2415
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June 23 2010 p 1 Date Filed: 06/24/2010 Entry ID: 3677982
6123738858 Fax: 6123738881 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent J Esades Heins Mills &Olson, PLC 310 Clifton Ave Mpls, MN 55403 6123384605 Fax: 6123384692 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Mike Buetow individually on behalf of himself and all other Minnesota residents and entities similarly situated represented by Barbara J Felt Heins Mills &Olson, PLC 310 Clifton Ave Mpls, MN 55403 6123384605 Fax: 6123384692 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Ernest W Grumbles , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Keith M Sorge Arthur Chapman Kettering Smetak &Pikala, PA 81 S 9th St Ste 500 Mpls, MN 554023214 (612) 3755954 Fax: (612) 3397655 Email: [email protected] TERMINATED: 08/07/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED Lori A Johnson Merissa Law Firm 1821 University Ave W Ste 121 St Paul, MN 55104 6519172398 Fax: 6519173731 Email: [email protected] TERMINATED: 06/09/2008
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Renae D Steiner Heins Mills &Olson, PLC 310 Clifton Ave Mpls, MN 55403 6123384605 Fax: 6123384692 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J Leach , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Troy J Hutchinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent J Esades (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rachel L B Stoering Heins Mills &Olson, PLC 310 Clifton Ave Mpls, MN 55403 6123384605 Fax: 6123384692 Email: [email protected] ATTORNEY TO BE NOTICED Plaintiff Gary Steven Richardson, Jr individually on behalf of himself and all other Minnesota residents and entities similaly situated represented by Barbara J Felt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ernest W Grumbles , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Keith M Sorge (See above for address) TERMINATED: 08/07/2009 LEAD ATTORNEY
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ATTORNEY TO BE NOTICED Lori A Johnson (See above for address) TERMINATED: 05/29/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Renae D Steiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J Leach , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Troy J Hutchinson (See above for address) TERMINATED: 05/13/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent J Esades (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rachel L B Stoering (See above for address) ATTORNEY TO BE NOTICED Plaintiff Joe Rohrbach individually on behalf of himself and all other Minnesota residents and entities similarly situated represented by Barbara J Felt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ernest W Grumbles , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Keith M Sorge (See above for address) TERMINATED: 08/07/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED Lori A Johnson (See above for address)
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TERMINATED: 05/29/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Renae D Steiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J Leach , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Troy J Hutchinson (See above for address) TERMINATED: 05/13/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent J Esades (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rachel L B Stoering (See above for address) ATTORNEY TO BE NOTICED Plaintiff Jeff Brosi represented by Barbara J Felt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ernest W Grumbles , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Keith M Sorge (See above for address) TERMINATED: 08/07/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED Lori A Johnson (See above for address) TERMINATED: 05/29/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Renae D Steiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J Leach , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent J Esades (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rachel L B Stoering (See above for address) ATTORNEY TO BE NOTICED Troy J Hutchinson (See above for address) TERMINATED: 05/13/2008 ATTORNEY TO BE NOTICED Plaintiff Dennis Deeb represented by Barbara J Felt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ernest W Grumbles , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Keith M Sorge (See above for address) TERMINATED: 08/07/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED Lori A Johnson (See above for address) TERMINATED: 05/29/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Renae D Steiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Thomas J Leach , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent J Esades (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rachel L B Stoering (See above for address) ATTORNEY TO BE NOTICED Troy J Hutchinson (See above for address) TERMINATED: 05/13/2008 ATTORNEY TO BE NOTICED Plaintiff Chris Lewison TERMINATED: 09/05/2008 represented by Barbara J Felt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ernest W Grumbles , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Keith M Sorge (See above for address) TERMINATED: 08/07/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED Lori A Johnson (See above for address) TERMINATED: 05/29/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Renae D Steiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J Leach , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Vincent J Esades (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Troy J Hutchinson (See above for address) TERMINATED: 05/13/2008 ATTORNEY TO BE NOTICED
V. Defendant A L S Enterprises Inc represented by Bree Grossi Wilde Foley &Lardner LLP PO Box 1497 Madison, WI 537011497 6082584312 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D Leffel Foley &Lardner LLP PO Box 1497 Madison, WI 537011497 6082584216 Fax: 6082584258 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Naikang Tsao Foley &Lardner LLP PO Box 1497 Madison, WI 537011497 6082584250 Fax: 6082584258 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Theresa A Andre Foley &Lardner LLP PO Box 1497 Madison, WI 537011497 6082584235 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
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John D Sear Bowman &Brooke LLP 150 S 5th St Ste 3000 Mpls, MN 55402 6123398682 Fax: 6126723200 Email: [email protected] ATTORNEY TO BE NOTICED Michael R Carey Bowman &Brooke LLP 150 S 5th St Ste 3000 Mpls, MN 55402 6123398682 Fax: 6126723200 Email: [email protected] ATTORNEY TO BE NOTICED Stephan J Nickels Foley &Lardner PO Box 1497 Madison, WI 537011497 6082584238 Fax: 6082584258 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Cabela's Inc. represented by Bree Grossi Wilde (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John D Sear (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D Leffel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Naikang Tsao (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Theresa A Andre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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William A LeMire Arthur Chapman Kettering Smetak &Pikala, PA 81 S 9th St Ste 500 Mpls, MN 554023214 (612) 3393500 Fax: (612) 3397655 Email: [email protected] TERMINATED: 05/22/2008 LEAD ATTORNEY Christopher D Newkirk Travelers Insurance Company 385 Washington St MC 9275NB04T INACTIVE St Paul, MN 55102 6513102316 Email: [email protected] TERMINATED: 05/22/2008 ATTORNEY TO BE NOTICED Michael R Carey (See above for address) ATTORNEY TO BE NOTICED Stephan J Nickels (See above for address) ATTORNEY TO BE NOTICED Defendant Gander Mountain Company represented by Bree Grossi Wilde (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dudley W Von Holt Thompson Coburn LLP One US Bank Plaza St Louis, MO 63101 3145526115 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Shields Keating Faegre &Benson LLP 90 S 7th St Ste 2200 Mpls, MN 554023901 6127668005 Fax: 6127661600
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Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D Leffel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Naikang Tsao (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J Wagner Thompson Coburn LLP One US Bank Plaza St Louis, MO 63101 3145526206 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Theresa A Andre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles F Webber Faegre &Benson LLP 90 S 7th St Ste 2200 Mpls, MN 554023901 6127668719 Fax: 6127661600 Email: [email protected] ATTORNEY TO BE NOTICED John D Sear (See above for address) ATTORNEY TO BE NOTICED Michael R Carey (See above for address) ATTORNEY TO BE NOTICED Stephan J Nickels (See above for address) ATTORNEY TO BE NOTICED Defendant Bass Pro Shops, Inc. TERMINATED: 09/11/2008 represented by Bryce J Bartlett Husch Blackwell Sanders LLP
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190 Carondelet Plz Ste 600 St Louis, MO 63105 31448011500 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Omri E Praiss Husch Blackwell Sanders LLP 190 Carondelet Plz Ste 600 St Louis, MO 63105 3144801829 Fax: 3144801505 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Brian N Johnson Nilan Johnson Lewis PA 120 S 6th St Ste 400 Mpls, MN 55402 6123057500 Fax: 6123057501 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Browning Arms Company TERMINATED: 01/29/2008 represented by Andrew H Stone Jones Waldo 170 S Main St Ste 1500 Salt Lake City, UT 84101 8015213200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED John A Pearce Jones Waldo 170 S Main St Ste 1500 Salt Lake City, UT 84101 8015213200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth R Odette Lockridge Grindal Nauen PLLP 100 Washington Ave S Ste 2200 Mpls, MN 554012179 6123396900 Fax: 6123390981 Email: [email protected]
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ATTORNEY TO BE NOTICED Karen Hanson Riebel Lockridge Grindal Nauen 100 Washington Ave S Ste 2200 Mpls, MN 55401 6123396900 Fax: 6123390981 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Browning TERMINATED: 09/11/2008 represented by Andrew H Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth R Odette (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John A Pearce (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Karen Hanson Riebel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Cabela's Wholesale, Inc. represented by Bree Grossi Wilde (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D Leffel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Naikang Tsao (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Theresa A Andre (See above for address) LEAD ATTORNEY
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ATTORNEY TO BE NOTICED John D Sear (See above for address) ATTORNEY TO BE NOTICED Michael R Carey (See above for address) ATTORNEY TO BE NOTICED Stephan J Nickels (See above for address) ATTORNEY TO BE NOTICED Movant Anthony Newman represented by Robert A Gust Kretsch &Gust, PLLC 5151 Edina Industrial Blvd Ste 650 Edina, MN 55439 9528313910 Fax: 9528310088 Email: [email protected] LEAD ATTORNEY Anne K Lindberg Kretsch &Gust, PLLC 5151 Edina Industrial Blvd Ste 650 Mpls, MN 55439 9528325500 Fax: 9528310088 Email: [email protected]
Date Filed 09/13/2007
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Page Docket Text COMPLAINT against A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Bass Pro Shops Inc, and Browning Arms Company ( Filing fee $ 350 receipt number 40016138.) Assigned to Judge Richard H. Kyle per Master List and referred to Magistrate Judge Janie S. Mayeron, filed by Gary Steven Richardson, Jr, Joe Rohrbach, Theodore Robert Carlson, Mike Buetow. (Attachments: # 1 Civil Cover Sheet) (GJS) QC'd jam (Entered: 09/14/2007) Summons Issued as to A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Bass Pro Shops Inc, and Browning Arms Company. (GJS) (Entered: 09/14/2007)
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STIPULATION EXTENDING TIME FOR A.L.S. ENTERPRISES, INC., TO RESPOND TO COMPLAINT by A L S Enterprises Inc. (Sear, John) (Entered: 10/04/2007) ORDER re 2 Stipulation. Defendant A.L.S. Enterprises, Inc., shall have until November 7, 2007, to answer or otherwise respond to the Complaint herein. Signed by Magistrate Judge Janie S. Mayeron on 10/4/07. (akl) (Entered: 10/04/2007)
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NOTICE of Appearance by William A LeMire on behalf of Cabela's Inc (Attachments: # 1 Certificate of Service)(LeMire, William) (Entered: 10/04/2007) STIPULATION to Order Regarding Gander Mountain's Time to Answer Complaint by plaintiffs and Gander Mountain Company. (Attachments: # 1 Text of Proposed Order)(Webber, Charles) Modified text and filers on 10/10/2007 (jdf). (Entered: 10/09/2007) ORDER that the stipulation is approved. Gander Mountain shall have until November 7, 2007, to answer or otherwise defend in this action. Signed by Magistrate Judge Janie S. Mayeron on 10/9/07. (jam) (Entered: 10/09/2007) STIPULATION for Additional Time to Answer or Move by Cabela's Inc. (Newkirk, Christopher) Modified filers on 10/11/2007 (jdf). (Entered: 10/10/2007) CERTIFICATE OF SERVICE by Cabela's Inc regarding Stipulation for Additional Time to Answer or Move (Newkirk, Christopher) (Entered: 10/10/2007) CERTIFICATE OF SERVICE by Cabela's Inc for Proposed Order regarding Stipulation for Additional Time to Answer or Move (Newkirk, Christopher) (Entered: 10/10/2007) ORDER: Defendant Cabela's Inc. has until November 7, 2007, to answer or otherwise defend, including by motion, Plaintiffs' Class Action Complaint. Signed by Magistrate Judge Janie S. Mayeron on 10/10/07. (akl) (Entered: 10/10/2007) NOTICE of Appearance by Karen Hanson Riebel on behalf of Browning Arms Company (Attachments: # 1 Certificate of Service)(Riebel, Karen) (Entered: 10/12/2007) NOTICE of Appearance by Elizabeth R Odette on behalf of Browning Arms Company (Attachments: # 1 Certificate of Service)(Odette, Elizabeth) (Entered: 10/12/2007) STIPULATION Regarding Extension of Time for Response to Complaint by Browning Arms Company, Theodore Robert Carlson, Mike Buetow, Joe Rohrbach, Gary Steven Richardson Jr. (Attachments: # 1 Certificate of Service)(Riebel, Karen) Modified text and filers on 10/12/2007 (jdf). (Entered: 10/12/2007) ORDER re 13 Stipulation. Defendant Browning Arms' time to answer or otherwise plead in response to Plaintiffs' Complaint in the captioned matter pursuant to Fed. R. Civ. P. 12, is hereby enlarged to Wednesday, November 7, 2007. Signed by Magistrate Judge Janie S. Mayeron on 10/12/07. (akl) (Entered: 10/12/2007) SUMMONS Returned Executed by Gary Steven Richardson, Jr, Joe Rohrbach, Theodore Robert Carlson, Mike Buetow. A L S Enterprises Inc served on 9/18/2007, answer due 11/7/2007. (Hutchinson, Troy) (Entered: 10/12/2007) SUMMONS Returned Executed by Gary Steven Richardson, Jr, Joe Rohrbach, Theodore Robert Carlson, Mike Buetow. Bass Pro Shops Inc served on 9/18/2007, answer due 10/9/2007. (Hutchinson, Troy) (Entered: 10/12/2007) SUMMONS Returned Executed by Gary Steven Richardson, Jr, Joe Rohrbach, Theodore Robert Carlson, Mike Buetow. Browning Arms Company served on 9/24/2007, answer due 11/7/2007. (Hutchinson, Troy) (Entered: 10/12/2007)
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SUMMONS Returned Executed by Gary Steven Richardson, Jr, Joe Rohrbach, Theodore Robert Carlson, Mike Buetow. Cabela's Inc served on 9/18/2007, answer due 11/7/2007. (Hutchinson, Troy) (Entered: 10/12/2007) SUMMONS Returned Executed by Gary Steven Richardson, Jr, Joe Rohrbach, Theodore Robert Carlson, Mike Buetow. Gander Mountain Company served on 9/19/2007, answer due 10/9/2007. (Hutchinson, Troy) (Entered: 10/12/2007) MOTION for Admission Pro Hac Vice for Andrew H. Stone by Browning Arms Company. (Attachments: # 1 Certificate of Service)(Riebel, Karen) (Entered: 10/15/2007) MOTION for Admission Pro Hac Vice for John A. Pearce by Browning Arms Company. (Attachments: # 1 Certificate of Service)(Riebel, Karen) (Entered: 10/15/2007) NOTICE of Appearance by Brian N Johnson on behalf of Bass Pro Shops Inc (Johnson, Brian) (Entered: 10/15/2007) MOTION for Extension of Time to File Answer to Complaint by Bass Pro Shops Inc. (Attachments: # 1 Certificate of Service)(Johnson, Brian) (Entered: 10/15/2007) CERTIFICATE OF SERVICE by Bass Pro Shops Inc re 22 Notice of Appearance (Johnson, Brian) (Entered: 10/15/2007) TEXT ONLY ENTRY ORDER granting 20 , 21 Motions for Admission Pro Hac Vice of Attorneys Andrew H Stone and John A Pearce for Browning Arms Company. Fees paid; receipt number 4016912.Approved by Clerk Richard D Sletten on 10/15/07. (MMC) (Entered: 10/16/2007)
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DOCUMENT FILED IN ERROR replaced by doc. #29. MOTION for Admission Pro Hac Vice for Bryce J. Bartlett by Bass Pro Shops Inc. (Johnson, Brian) Modified on 10/18/2007 (MMC). (Entered: 10/17/2007) CERTIFICATE OF SERVICE by Bass Pro Shops Inc re 25 MOTION for Admission Pro Hac Vice for Bryce J. Bartlett (Johnson, Brian) (Entered: 10/17/2007) DOCUMENT FILED IN ERROR replaced by doc. #30. MOTION for Admission Pro Hac Vice for Omri E. Praiss by Bass Pro Shops Inc. (Johnson, Brian) Modified on 10/18/2007 (MMC). (Entered: 10/17/2007) CERTIFICATE OF SERVICE by Bass Pro Shops Inc re 27 MOTION for Admission Pro Hac Vice for Omri E. Praiss (Johnson, Brian) (Entered: 10/17/2007) Amended MOTION for Admission Pro Hac Vice for Bryce J. Bartlett by Bass Pro Shops Inc. (Attachments: # 1 Certificate of Service (duplicate to second page of main document)(Johnson, Brian) Modified text on 10/18/2007 (dch). (Entered: 10/18/2007) Amended MOTION for Admission Pro Hac Vice for Omri E. Praiss by Bass Pro Shops Inc. (Attachments: # 1 Certificate of Service (duplicate to second page of main document)(Johnson, Brian) Modified text on 10/18/2007 (dch). (Entered: 10/18/2007)
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TEXT ONLY ENTRY ORDER granting 29 , 30 Amended Motions for Admission Pro Hac Vice of Attorneys Bryce J Bartlett and Omri E Praiss for Bass Pro Shops Inc. Fees paid; receipt number 3003396.Approved by Clerk Richard D Sletten on 10/18/07. (MMC) (Entered: 10/18/2007) 31 32 33 34 35 MOTION for Admission Pro Hac Vice for Naikang Tsao by A L S Enterprises Inc. (Sear, John) (Entered: 10/19/2007) MOTION for Admission Pro Hac Vice for Michael D. Leffel by A L S Enterprises Inc. (Sear, John) (Entered: 10/19/2007) MOTION for Admission Pro Hac Vice for Theresa A. Andre by A L S Enterprises Inc. (Sear, John) (Entered: 10/19/2007) MOTION for Admission Pro Hac Vice for Bree Grossi Wilde by A L S Enterprises Inc. (Sear, John) (Entered: 10/19/2007) CERTIFICATE OF SERVICE by A L S Enterprises Inc re 31 MOTION for Admission Pro Hac Vice for Naikang Tsao, 34 MOTION for Admission Pro Hac Vice for Bree Grossi Wilde, 32 MOTION for Admission Pro Hac Vice for Michael D. Leffel, 33 MOTION for Admission Pro Hac Vice for Theresa A. Andre (Sear, John) (Entered: 10/19/2007) TEXT ONLY ENTRY ORDER granting 31 , 32 , 33 , 34 Motions for Admission Pro Hac Vice of Attorneys Naikang Tsao, Michael D Leffel, Theresa A Andre and Bree Grossi Wilde for A L S Enterprises Inc. Fees paid; receipt number 4017119.Approved by Clerk Richard D Sletten on 10/22/07. (MMC) (Entered: 10/23/2007) 36 ORDER granting 23 Motion for Extension of Time to Answer Bass Pro Shops Inc answer due 11/7/2007. Signed by Magistrate Judge Janie S. Mayeron on 11/1/07. (VEM) (Entered: 11/01/2007) DOCUMENT FILED IN ERROR replaced by doc. #39. MOTION for Admission Pro Hac Vice for Dudley W. Von Holt by Gander Mountain Company. (Webber, Charles) Modified on 11/5/2007 (MMC). (Entered: 11/05/2007) MOTION for Admission Pro Hac Vice for Robert J. Wagner by Gander Mountain Company. (Webber, Charles) (Entered: 11/05/2007) Amended MOTION for Admission Pro Hac Vice for Dudley W. Von Holt by Gander Mountain Company. (Webber, Charles) (Entered: 11/05/2007) MOTION to Dismiss by A L S Enterprises Inc. (Sear, John) (Entered: 11/06/2007) NOTICE OF HEARING ON MOTION 40 MOTION to Dismiss : Motion Hearing set for 1/9/2008 08:00 AM in St Paul Courtroom 1 before Judge Richard H. Kyle. (Sear, John) (Entered: 11/06/2007) MEMORANDUM in Support re 40 MOTION to Dismiss filed by A L S Enterprises Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Sear, John) (Entered: 11/06/2007) RULE 7.1 DISCLOSURE STATEMENT by A L S Enterprises Inc that there is no such parent or publicly held corporation to report. (Sear, John) (Entered: 11/06/2007)
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CERTIFICATE OF SERVICE by A L S Enterprises Inc re 40 MOTION to Dismiss, 42 Memorandum in Support of Motion, 43 Rule 7.1 Disclosure Statement, 41 Notice of Hearing on Motion (Sear, John) (Entered: 11/06/2007) MOTION for Joinder in the Motion to Dismiss Filed by CoDefendant A.L.S. Enterprises Inc. by Browning Arms Company. (Attachments: # 1 Certificate of Service)(Riebel, Karen) (Entered: 11/06/2007) MOTION to Dismiss by Cabela's Inc. (Newkirk, Christopher) (Entered: 11/07/2007) NOTICE OF HEARING ON MOTION 46 MOTION to Dismiss : Motion Hearing set for 1/9/2008 08:00 AM in St Paul Courtroom 1 before Judge Richard H. Kyle. (Newkirk, Christopher) (Entered: 11/07/2007) MEMORANDUM in Support re 46 MOTION to Dismiss filed by Cabela's Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Newkirk, Christopher) (Entered: 11/07/2007) RULE 7.1 DISCLOSURE STATEMENT by Cabela's Inc that there is no such parent or publicly held corporation to report. (Newkirk, Christopher) (Entered: 11/07/2007) CERTIFICATE OF SERVICE by Cabela's Inc re 47 Notice of Hearing on Motion, 48 Memorandum in Support of Motion, 46 MOTION to Dismiss, 49 Rule 7.1 Disclosure Statement (Newkirk, Christopher) (Entered: 11/07/2007) MOTION to Dismiss Class Action Complaint by Gander Mountain Company. (Keating, Elizabeth) (Entered: 11/07/2007) CERTIFICATE OF SERVICE by Gander Mountain Company re 51 MOTION to Dismiss Class Action Complaint and Proposed Order Dismissing Plaintiffs' Claims Against Gander Mountain (Keating, Elizabeth) (Entered: 11/07/2007) MOTION to Dismiss by Bass Pro Shops Inc. (Praiss, Omri) (Entered: 11/07/2007) RULE 7.1 DISCLOSURE STATEMENT by Bass Pro Shops Inc of Bass Pro Group, LLC as corporate parent and/or publicly held company. (Praiss, Omri) (Entered: 11/07/2007) CERTIFICATE OF SERVICE by Bass Pro Shops Inc re 53 MOTION to Dismiss, 54 Rule 7.1 Disclosure Statement and Proposed Order (Praiss, Omri) (Entered: 11/07/2007) RULE 7.1 DISCLOSURE STATEMENT by Browning Arms Company of BWA, Inc. as corporate parent and/or publicly held company. (Attachments: # 1 Certificate of Service)(Riebel, Karen) (Entered: 11/07/2007) RULE 7.1 DISCLOSURE STATEMENT by Gander Mountain Company that there is no such parent or publicly held corporation to report. (Attachments: # 1Certificate of Service)(Keating, Elizabeth) Modified text on 11/8/2007 (jdf). (Entered: 11/08/2007) TEXT ONLY ENTRY ORDER granting 38 Motion for Admission Pro Hac Vice of Attorney Robert J Wagner for Gander Mountain Company and 39 Amended Motion for Admission Pro Hac Vice of Attorney Dudley W Von Holt for Gander
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Mountain Company. Fees paid; receipt number 4017567.Approved by Clerk Richard D Sletten on 11/13/07. (MMC) (Entered: 11/13/2007) 12/17/2007 58 MEMORANDUM in Opposition re 40 MOTION to Dismiss, 45 MOTION for Joinder in the Motion to Dismiss Filed by CoDefendant A.L.S. Enterprises Inc., 51 MOTION to Dismiss Class Action Complaint, 53 MOTION to Dismiss, 46 MOTION to Dismiss filed by Gary Steven Richardson, Jr, Joe Rohrbach, Theodore Robert Carlson, Mike Buetow. (Hutchinson, Troy) (Entered: 12/17/2007) AFFIDAVIT of Troy J. Hutchinson in OPPOSITION TO 40 MOTION to Dismiss, 45 MOTION for Joinder in the Motion to Dismiss Filed by CoDefendant A.L.S. Enterprises Inc., 51 MOTION to Dismiss Class Action Complaint, 53 MOTION to Dismiss, 46 MOTION to Dismiss filed by Gary Steven Richardson, Jr, Joe Rohrbach, Theodore Robert Carlson, Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate # 2 Certificate of Service)(Hutchinson, Troy) (Entered: 12/17/2007) NOTICE of Change of Address by Troy J Hutchinson (Attachments: # 1 Certificate of Service )(Hutchinson, Troy) Modified on 12/19/2007 (jdf). (Entered: 12/18/2007) REPLY to Response to Motion re 51 MOTION to Dismiss Class Action Complaint filed by Gander Mountain Company. (Attachments: # 1 LR7.1 Word Count Compliance Certificate # 2 Certificate of Service)(Webber, Charles) (Entered: 12/28/2007) REPLY to Response to Motion re 40 MOTION to Dismiss filed by A L S Enterprises Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Sear, John) (Entered: 12/28/2007) Declaration of John D. Sear in Support of 62 Reply to Response to Motion filed by A L S Enterprises Inc. (Attachments: # 1 Exhibit(s) Grady slip opinion)(Sear, John) (Entered: 12/28/2007) CERTIFICATE OF SERVICE by A L S Enterprises Inc re 63 Declaration in Support, 62 Reply to Response to Motion to Dismiss (Sear, John) (Entered: 12/28/2007) REPLY to Response to Motion re 46 MOTION to Dismiss filed by Cabela's Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate # 2 Certificate of Service)(Newkirk, Christopher) (Entered: 12/28/2007) MEMORANDUM by Browning Arms Company /Joinder in the Reply Brief in Support of Motion to Dismiss Filed by CoDefendant A.L.S. Enterprises, Inc. filed by Browning Arms Company. (Attachments: # 1 Certificate of Service)(Riebel, Karen) (Entered: 12/28/2007) ORDER CANCELING the January 9, 2008, Motions hearing. The Motions are deemed submitted as of December 28, 2007. (Written Opinion). Signed by Judge Richard H. Kyle on 01/03/08. (rhks) (Entered: 01/03/2008) ORDER granting 40 Motion to Dismiss, 45 Motion for Joinder; granting 46 Motion to Dismiss; granting 51 Motion to Dismiss; granting 53 Motion to Dismiss, DISMISSING WITHOUT PREJUDICE 1 Plaintiff's Complaint. (Written Opinion). Signed by Judge Richard H. Kyle on 01/18/08. (rhks) (Entered: 01/18/2008)
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AMENDED COMPLAINT against A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Bass Pro Shops Inc, Browning Arms Company, filed by Jeff Brosi, Dennis Deeb, Chris Lewison, Gary Steven Richardson, Jr, Joe Rohrbach, Mike Buetow. (Attachments: # 1 Certificate of Service Amended Class Action Complaint) (Hutchinson, Troy) (Entered: 01/29/2008) STIPULATION Extending Time for Defendants to Respond to Amended Complaint by all parties. (Sear, John) Modified text on 2/14/2008 (jdf). (Entered: 02/13/2008) CERTIFICATE OF SERVICE re 70 Stipulation by A L S Enterprises Inc (Sear, John) Modified text and link on 2/14/2008 (jdf). (Entered: 02/13/2008) ORDER: Defendants A.L.S. Enterprises, Inc., Cabelas Inc., Gander Mountain Co., Bass Pro, Inc., and Browning may have until February 29, 2008, to answer or otherwise respond to Plaintiffs' Amended Complaint. Defendants anticipate filing motions to dismiss Plaintiffs' Amended Complaint in part or in whole, rather than answering. In the event such motions are filed and denied by the Court, then each remaining Defendant shall have ten (10) days from the date of the order denying that Defendant's motion to file an answer to Plaintiffs' Amended Complaint. Signed by Magistrate Judge Janie S. Mayeron on 2/14/08. (akl) (Entered: 02/14/2008) MOTION to Dismiss Count Four of Amended Complaint by A L S Enterprises Inc. (Sear, John) (Entered: 02/29/2008) NOTICE OF HEARING ON MOTION 73 MOTION to Dismiss Count Four of Amended Complaint : Motion Hearing set for 4/22/2008 08:00 AM in St Paul Courtroom 1 before Judge Richard H. Kyle. (Sear, John) (Entered: 02/29/2008) MEMORANDUM in Support re 73 MOTION to Dismiss Count Four of Amended Complaint filed by A L S Enterprises Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Sear, John) (Entered: 02/29/2008) CERTIFICATE OF SERVICE by A L S Enterprises Inc re 74 Notice of Hearing on Motion, 75 Memorandum in Support of Motion, 73 MOTION to Dismiss Count Four of Amended Complaint (Sear, John) (Entered: 02/29/2008) MOTION to Dismiss Plaintiffs' Amended Complaint by Bass Pro Shops Inc. (Praiss, Omri) (Entered: 02/29/2008) NOTICE OF HEARING ON MOTION 77 MOTION to Dismiss Plaintiffs' Amended Complaint : Motion Hearing set for 4/22/2008 08:00 AM in St Paul Courtroom 1 before Judge Richard H. Kyle. (Praiss, Omri) (Entered: 02/29/2008) MEMORANDUM in Support re 77 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Bass Pro Shops Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Praiss, Omri) (Entered: 02/29/2008) CERTIFICATE OF SERVICE by Bass Pro Shops Inc re 78 Notice of Hearing on Motion, 77 MOTION to Dismiss Plaintiffs' Amended Complaint, 79 Memorandum in Support of Motion (Praiss, Omri) (Entered: 02/29/2008) MOTION for Joinder to Dismiss Plaintiffs' Conspiracy Claim by Cabela's Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Newkirk, Christopher) (Entered: 02/29/2008)
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NOTICE OF HEARING ON MOTION 81 MOTION for Joinder to Dismiss Plaintiffs' Conspiracy Claim : Motion Hearing set for 4/22/2008 08:00 AM in St Paul Courtroom 1 before Judge Richard H. Kyle. (Newkirk, Christopher) (Entered: 02/29/2008) 02/29/2008 83 MOTION for Joinder in the Motions to Dismiss Amended Complaint Filed by CoDefendants A.L.S. Enterprises, Inc. and Bass Pro Shops, Inc. by Browning. (Attachments: # 1 Certificate of Service)(Odette, Elizabeth) (Entered: 02/29/2008) AFFIDAVIT of Christopher D Newkirk in Support re 81 MOTION for Joinder to Dismiss Plaintiffs' Conspiracy Claim. (Newkirk, Christopher) Modified text on 3/3/2008 (jdf). (Entered: 02/29/2008) CERTIFICATE OF SERVICE by Cabela's Inc re 82 Notice of Hearing on Motion, 84 Affidavit in Support, 81 MOTION for Joinder to Dismiss Plaintiffs' Conspiracy Claim (Newkirk, Christopher) (Entered: 02/29/2008) MOTION to Dismiss Amended Class Action Complaint by Gander Mountain Company. (Attachments: # 1 Certificate of Service)(Keating, Elizabeth) (Entered: 02/29/2008) NOTICE by Bass Pro Shops Inc Change of Firm Name and Email Address (Praiss, Omri) (Entered: 03/10/2008) CERTIFICATE OF SERVICE by Bass Pro Shops Inc re 87 Notice (Other) of Change of Firm Name and Email Address (Praiss, Omri) (Entered: 03/10/2008) MEMORANDUM in Opposition re 83 MOTION for Joinder in the Motions to Dismiss Amended Complaint Filed by CoDefendants A.L.S. Enterprises, Inc. and Bass Pro Shops, Inc., 81 MOTION for Joinder to Dismiss Plaintiffs' Conspiracy Claim, 86 MOTION to Dismiss Amended Class Action Complaint, 77 MOTION to Dismiss Plaintiffs' Amended Complaint, 73 MOTION to Dismiss Count Four of Amended Complaint filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Chris Lewison, Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Hutchinson, Troy) (Entered: 04/02/2008) REPLY to Response to Motion re 83 MOTION for Joinder in the Motions to Dismiss Amended Complaint Filed by CoDefendants A.L.S. Enterprises, Inc. and Bass Pro Shops, Inc., 81 MOTION for Joinder to Dismiss Plaintiffs' Conspiracy Claim, 86 MOTION to Dismiss Amended Class Action Complaint, 77 MOTION to Dismiss Plaintiffs' Amended Complaint, 73 MOTION to Dismiss Count Four of Amended Complaint filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Sear, John) (Entered: 04/10/2008) Minute Entry for proceedings held before Judge Richard H. Kyle: Motion Hearing held on 4/22/2008 re DEFENDANTS' MOTION TO DISMISS ARGUED AND TAKEN UNDER ADVISEMENT. (Court Reporter Carla Bebault) (ds) (Entered: 04/22/2008) TRANSCRIPT of hearing on Motion to dismiss held on April 22, 2008 before Judge Richard H. Kyle. Court Reporter: Carla R. Bebault. (29pgs) FILED CONVENTIONALLY (LPH) (Entered: 05/01/2008)
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***DOCUMENT FILED IN ERROR DUPLICATE ENTRY.*** TRANSCRIPT of hearing on Motion to dismiss held on April 22, 2008 before Judge Richard H. Kyle. Court Reporter: Carla R. Bebault. (29pgs) FILED CONVENTIONALLY (LPH) Modified on 5/1/2008 (lph). (Entered: 05/01/2008) STIPULATION for Protective Order by Gary Steven Richardson, Jr, Joe Rohrbach, A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Bass Pro Shops Inc, Jeff Brosi, Dennis Deeb, Chris Lewison, Browning Arms Company, Browning, Theodore Robert Carlson, Mike Buetow. (Sear, John) (Entered: 05/02/2008) ORDER GRANTING 73 Motion to Dismiss; GRANTING 77 Motion to Dismiss; GRANTING 81 Motion to Dismiss; GRANTING 83 Motion to Dismiss; GRANTING IN PART and DENYING IN PART 86 Motion to Dismiss. (Written Opinion). Signed by Judge Richard H. Kyle on 05/05/08. (rhks) (Entered: 05/05/2008) PROTECTIVE ORDER. Signed by Magistrate Judge Janie S. Mayeron on 05/06/08. (LPH) (Entered: 05/06/2008) NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Chris Lewison, Mike Buetow (Attachments: # 1 Certificate of Service)(Johnson, Lori) (Entered: 05/12/2008) REPORT of Joint Rule 26(f) by all parties. (Attachments: # 1 Certificate of Service)(Johnson, Lori) Modified text and filers on 5/13/2008 (jdf). (Entered: 05/12/2008) STIPULATION re 69 Amended Complaint, Extending Deadline of Defendants to Respond by Gary Steven Richardson, Jr, Joe Rohrbach, A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Bass Pro Shops Inc, Jeff Brosi, Dennis Deeb, Chris Lewison, Browning Arms Company, Browning, Theodore Robert Carlson, Mike Buetow. (Sear, John) (Entered: 05/19/2008) ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO AMENDED COMPLAINT: re 99 Stipulation; A L S Enterprises Inc answer due 5/23/2008; Cabela's Inc answer due 5/23/2008; Gander Mountain Company answer due 5/23/2008. Signed by Magistrate Judge Janie S. Mayeron on 05/20/08. (LPH) (Entered: 05/21/2008) NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Cabela's Inc (Sear, John) (Entered: 05/22/2008) CERTIFICATE OF SERVICE by Cabela's Inc re 101 Notice of Attorney Appearance/Substitution (Sear, John) (Entered: 05/22/2008) STIPULATION (Second) Extending Time for Defendants to Respond to Amended Complaint by Gary Steven Richardson, Jr, Joe Rohrbach, A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Jeff Brosi, Dennis Deeb, Chris Lewison, Mike Buetow. (Sear, John) (Entered: 05/23/2008) NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Chris Lewison, Mike Buetow (Attachments: # 1 Certificate of Service for Notice of Withdrawal and Substitution of Counsel)(Esades, Vincent) (Entered: 05/28/2008)
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ORDER re 103 Stipulation to extend time for defendants to respond to Amended Complaint. A L S Enterprises Inc answer due 5/30/2008; Cabela's Inc answer due 5/30/2008; Gander Mountain Company answer due 5/30/2008; Bass Pro Shops Inc answer due 5/30/2008; Browning answer due 5/30/2008. Signed by Magistrate Judge Janie S. Mayeron on 05/28/08. (LPH) (Entered: 05/28/2008) TEXTONLY ENTRY. CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. The Clerk of Court is directed to reassign the Magistrate Judge in this case. Case is reassigned to Magistrate Judge Jeffrey J. Keyes for all further proceedings. Magistrate Judge Janie S. Mayeron no longer assigned to the case. In addition, any proceedings currently scheduled before the transferring Magistrate Judge will proceed in front of that Judge, unless directed otherwise. Please contact Jackie Phipps, at (612) 6645470, for scheduling or other matters related to Magistrate Judge Keyes. NOTE: the new case number is 07cv3970 RHK/JJK. Please use this case number for all subsequent pleadings. (JME) (Entered: 05/30/2008) ANSWER to Amended Complaint by A L S Enterprises Inc. (Sear, John) (Entered: 05/30/2008) ANSWER to Amended Complaint by Cabela's Inc. (Sear, John) (Entered: 05/30/2008) CERTIFICATE OF SERVICE by A L S Enterprises Inc re 107 Answer to Amended Complaint, 108 Answer to Amended Complaint of ALS and Cabela's (Sear, John) (Entered: 05/30/2008) NOTICE of Appearance by Stephan J Nickels on behalf of Gander Mountain Company (Attachments: # 1 Certificate of Service )(Nickels, Stephan) Modified text on 6/2/2008 (jdf). (Entered: 05/30/2008) Defendant Gander Mountain Company's ANSWER to Amended Complaint (Class Action) by Gander Mountain Company. (Attachments: # 1 Certificate of Service ) (Nickels, Stephan) Modified text on 6/2/2008 (jdf). (Entered: 05/30/2008) NOTICE of Withdrawal as Attorney Notice of Withdrawl of Appearance of Lori A. Johnson (Attachments: # 1 Certificate of Service)(Felt, Barbara) (Entered: 06/09/2008) NOTICE of Pretrial Conference: Pretrial Conference set for 7/24/2008 09:30 AM in In Chambers Hearing before Magistrate Judge Jeffrey J. Keyes. (Attachments: # 1 Consent Form)(akl) (Entered: 06/18/2008) NOTICE of Appearance by Renae D Steiner on behalf of Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Chris Lewison, Mike Buetow (Attachments: # 1 Certificate of Service)(Steiner, Renae) (Entered: 07/22/2008) REPORT re 98 Report Plaintiffs' Proposed Amendment to the Joint Rule 26(f) Report by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Chris Lewison, Mike Buetow. (Attachments: # 1 Certificate of Service)(Felt, Barbara) (Entered: 07/23/2008) Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Initial Pretrial Conference held on 7/24/2008. (akl) (Entered: 07/25/2008)
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PRETRIAL SCHEDULING ORDER: (Amended Pleadings due by 9/8/2008, Discovery due by 8/17/2009, Motions (nondisp) due 8/17/2009, Motions (disp) due by 10/15/2009, Ready for trial due by 1/15/2010). Signed by Magistrate Judge Jeffrey J. Keyes on 7/24/08. (akl) (Entered: 07/25/2008) 07/25/2008 118 AMENDED PRETRIAL SCHEDULING ORDER: (Amended Pleadings due by 9/8/2008, Discovery due by 8/17/2009, Motions (nondisp) due 8/17/2009, Motions (disp) due by 11/1/2009, Ready for trial due by 2/1/2010). Signed by Magistrate Judge Jeffrey J. Keyes on 7/25/08. (akl) (Entered: 07/28/2008) MOTION to Quash Subpoena by Anthony Newman. (Lindberg, Anne) (Entered: 07/30/2008) NOTICE OF HEARING ON MOTION 119 MOTION to Quash Subpoena : Motion Hearing set for 8/28/2008 09:30 AM in Minneapolis Courtroom 9E before Magistrate Judge Jeffrey J. Keyes. (Lindberg, Anne) (Entered: 07/30/2008) CERTIFICATE OF SERVICE by Anthony Newman re 119 MOTION to Quash Subpoena, 120 Notice of Hearing on Motion (Lindberg, Anne) (Entered: 07/30/2008) MEMORANDUM in Support re 119 MOTION to Quash Subpoena filed by Anthony Newman. (Lindberg, Anne) (Entered: 08/14/2008) Declaration of Anthony Newman in Support of 119 MOTION to Quash Subpoena, 122 Memorandum in Support of Motion filed by Anthony Newman. (Lindberg, Anne) (Entered: 08/14/2008) Declaration of Robert Gust in Support of 119 MOTION to Quash Subpoena, 122 Memorandum in Support of Motion filed by Anthony Newman. (Lindberg, Anne) (Entered: 08/14/2008) CERTIFICATE OF SERVICE by Anthony Newman (Lindberg, Anne) (Entered: 08/14/2008) EXHIBIT re 124 Declaration in Support of Motion to Quash Subpoena by Anthony Newman filed by Anthony Newman. (Lindberg, Anne) (Entered: 08/14/2008) EXHIBIT re 124 Declaration in Support of Motion to Quash Subpoena by Anthony Newman filed by Anthony Newman. (Lindberg, Anne) (Entered: 08/14/2008) RESPONSE re 119 MOTION to Quash Subpoena of Anthony Newman filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Chris Lewison, Theodore Robert Carlson, Mike Buetow. (Attachments: # 1 Certificate of Service)(Leach, Thomas) (Entered: 08/21/2008) RESPONSE in Opposition re 119 MOTION to Quash Subpoena filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Sear, John) (Entered: 08/21/2008) DECLARATION of Michael D. Leffel in Opposition to 119 MOTION to Quash Subpoena filed by all defendants. (Sear, John) (Entered: 08/21/2008) LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Anthony Newman re 122 Memorandum in Support of Motion filed by Anthony Newman. (Lindberg, Anne) (Entered: 08/22/2008)
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Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Motion Hearing held on 8/28/2008 re 119 MOTION to Quash Subpoena filed by Anthony Newman. Motion taken under advisement. RRto be issued. (Tape #6) (akl) (Entered: 08/28/2008) NOTICE by Chris Lewison of Withdrawal as a Named Plaintiff (Attachments: # 1 Certificate of Service)(Felt, Barbara) (Entered: 09/04/2008) MOTION to Amend/Correct UNOPPOSED MOTION TO AMEND COMPLAINT by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 Exhibit A Second Amended Class Action Complaint, # 2 Certificate of Service)(Felt, Barbara) (Entered: 09/08/2008) ORDER granting 134 Motion to Amend Complaint. Signed by Magistrate Judge Jeffrey J. Keyes on 9/10/08. (akl) (Entered: 09/10/2008) AMENDED COMPLAINT Second Amended Class Action Complaint against Cabela's Wholesale, Inc., A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 Certificate of Service) (Felt, Barbara) (Entered: 09/10/2008) STIPULATION re 136 Amended Complaint, Extending Time for Defendants to Respond to Second Amended Complaint by Gary Steven Richardson, Jr, Joe Rohrbach, A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Jeff Brosi, Dennis Deeb, Cabela's Wholesale, Inc., Mike Buetow. (Sear, John) (Entered: 09/10/2008) ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO SECOND AMENDED COMPLAINT. Signed by Magistrate Judge Jeffrey J. Keyes on 9/11/08. (akl) (Entered: 09/11/2008) ORDER granting in part and denying in part 119 Motion to Quash. Signed by Magistrate Judge Jeffrey J. Keyes on 9/11/08. (akl) (Entered: 09/11/2008) NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (jdf) (Entered: 09/24/2008) TRANSCRIPT of Motions Hearing held on 8/28/08 before Magistrate Judge Jeffrey J. Keyes. (36 pages). Court Reporter: Lisa M Thorsgaard (Email: www.johnsonreporting.com. Telephone: 6516818550). Redaction Request due 10/15/2008. Redacted Transcript Deadline set for 10/27/2008. Release of Transcript Restriction set for 12/23/2008. For information on redaction procedures, please review Local Rule 5.5. (jdf) (Entered: 09/24/2008) ANSWER to Amended Complaint (Second) by Gander Mountain Company. (Attachments: # 1 Certificate of Service) (Nickels, Stephan) (Entered: 09/30/2008) ANSWER to Amended Complaint (Second) by A L S Enterprises Inc. (Attachments: # 1 Certificate of Service) (Sear, John) (Entered: 09/30/2008) ANSWER to Amended Complaint (Second) by Cabela's Inc. (Attachments: # 1 Certificate of Service) (Sear, John) (Entered: 09/30/2008) ANSWER to Amended Complaint (Second) by Cabela's Wholesale, Inc. (Attachments: # 1 Certificate of Service) (Sear, John) Modified text on 10/1/2008
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(jdf). (Entered: 09/30/2008) 10/08/2008 146 STIPULATION for SPECIAL PROTECTIVE ORDER RE: DOCUMENTS PRODUCED BY MILLIKEN &COMPANY by all parties. (Attachments: # 1 Certificate of Service)(Leach, Thomas) Modified filers on 10/9/2008 (RLR). (Entered: 10/08/2008) ORDER FOR SPECIAL PROTECTIVE ORDER RE: DOCUMENTS PRODUCED BY MILLIKEN &COMPANY. Signed by Magistrate Judge Jeffrey J. Keyes on 10/9/08. (jam) (Entered: 10/10/2008) LETTER TO MAGISTRATE JUDGE by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow Letter to Judge Keyes regarding Stipulated Motion to Amend Pretrial Scheduling Order for the Limited Purpose of Extending Time for Plaintiffs to File Their Motion for Class Certification. (Steiner, Renae) (Entered: 10/28/2008) STIPULATION Stipulated Motion to Amend Pretrial Scheduling Order for the Limited Purpose of Extending Time for Plaintiffs to File Their Motin for Class Certification by Gary Steven Richardson, Jr, Joe Rohrbach, A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Jeff Brosi, Dennis Deeb, Cabela's Wholesale, Inc., Mike Buetow. (Attachments: # 1 Certificate of Service)(Steiner, Renae) (Entered: 10/28/2008) ORDER AMENDING PRETRIAL SCHEDULING ORDERCLASS CERTIFICATION DEADLINES. Signed by Magistrate Judge Jeffrey J. Keyes on 10/29/08. (akl) (Entered: 10/30/2008) MOTION to Certify Class by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Steiner, Renae) (Entered: 11/21/2008) DOCUMENT FILED IN ERROR//WILL REFILE//NOTICE OF HEARING ON MOTION 151 MOTION to Certify Class : Motion Hearing set for 5/5/2008 08:00 AM in St. Paul Courtroom 7A before Judge Richard H. Kyle. (Steiner, Renae) Modified text on 11/24/2008 (jdf). (Entered: 11/21/2008) MEMORANDUM in Support re 151 MOTION to Certify Class Filed Under Seal filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Steiner, Renae) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 11/21/08. (KT) (Entered: 11/21/2008) AFFIDAVIT of Renae D. Steiner in SUPPORT OF 151 MOTION to Certify Class filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 Exhibit(s) 1, # 2 Placeholder for Exhibits 212, # 3 Exhibit(s) 13, # 4 Exhibit(s) 1418, 20 and 2729, # 5 Exhibit(s) 19, # 6 Exhibit(s) 21, # 7 Exhibit(s) 22, # 8 Exhibit(s) 23, # 9 Exhibit(s) 24, # 10 Exhibit(s) 25, # 11 Exhibit(s) 26)(Steiner, Renae) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 11/21/08. (KT) (Entered: 11/21/2008) Declaration of Ernest W. Grumbles III in Support of 151 MOTION to Certify Class filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 Exhibit(s) A)(Steiner, Renae) (Entered: 11/21/2008) Declaration of Dr, Larry L. Miller in Support of 151 MOTION to Certify Class
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filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Steiner, Renae) (Entered: 11/21/2008) 11/21/2008 157 CERTIFICATE OF SERVICE by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow re 151 MOTION to Certify Class, 156 Declaration in Support, 153 Memorandum in Support of Motion, 152 Notice of Hearing on Motion, 155 Declaration in Support, 154 Affidavit in Support of Motion, (Steiner, Renae) (Entered: 11/21/2008) AMENDED NOTICE of Hearing on Motion 151 MOTION to Certify Class : Motion Hearing set for 5/5/2009 08:00 AM in St. Paul Courtroom 7A before Judge Richard H. Kyle. (Attachments: # 1 Certificate of Service)(Steiner, Renae) (Entered: 11/24/2008) STIPULATION EXTENDING TIME FOR DEFENDANTS TO FILE OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION by all parties. (Sear, John) Modified text and filers on 12/17/2008 (jdf). (Entered: 12/16/2008) ORDER Extending Time for Defendants to File Opposition to Plaintiffs' Motion for Class Certification. Signed by Magistrate Judge Jeffrey J. Keyes on 12/17/08. (akl) (Entered: 12/17/2008) NOTICE of Appearance by Rachel L B Stoering on behalf of Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow (Attachments: # 1 Certificate of Service)(Stoering, Rachel) (Entered: 01/23/2009) DOCUMENT FILED IN ERROR//SEE DOC. 163//MEMORANDUM in Opposition re 151 MOTION to Certify Class filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Sear, John) Modified text on 1/26/2009 (jdf). (Entered: 01/23/2009) MEMORANDUM in Opposition re 151 MOTION to Certify Class filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Sear, John) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 1/23/09. (KT) (Entered: 01/23/2009) AFFIDAVIT of Theresa A. Andre in OPPOSITION TO 151 MOTION to Certify Class filed by all defendants. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M)(Sear, John) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 1/23/09. (KT) (Entered: 01/23/2009) AFFIDAVIT of Greg Sesselmann in OPPOSITION TO 151 MOTION to Certify Class filed by all defendants. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) EF Placeholder, # 6 Exhibit(s) G)(Sear, John) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 1/23/09. (KT) (Entered: 01/23/2009) AFFIDAVIT of Greg Paquin in OPPOSITION TO 151 MOTION to Certify Class filed by all defendants. (Attachments: # 1 Exhibit(s) A Placeholder, # 2 Exhibit(s) B Placeholder)(Sear, John) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 1/23/09. (KT) (Entered: 01/23/2009)
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AFFIDAVIT of Mike Andrews in OPPOSITION TO 151 MOTION to Certify Class filed by all defendants. (Attachments: # 1 Exhibit(s) A)(Sear, John) (Entered: 01/23/2009) AFFIDAVIT of Dr. Thomas Hartman in OPPOSITION TO 151 MOTION to Certify Class filed by all defendants. (Attachments: # 1 Exhibit(s)Cirriculum Vitae)(Sear, John) Modified text on 1/26/2009 (jdf). (Entered: 01/23/2009) AFFIDAVIT of Dr. Robert Hasen in OPPOSITION TO 151 MOTION to Certify Class filed by all defendants. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Sear, John) (Entered: 01/23/2009) AFFIDAVIT of Casey Adams in OPPOSITION TO 151 MOTION to Certify Class filed by all defendants. (Sear, John) (Entered: 01/23/2009) AFFIDAVIT of Todd Hansen in OPPOSITION TO 151 MOTION to Certify Class filed by all defendants. (Sear, John) (Entered: 01/23/2009) AFFIDAVIT of Gary Buescher in OPPOSITION TO 151 MOTION to Certify Class filed by all defendants. (Sear, John) (Entered: 01/23/2009) CERTIFICATE OF SERVICE by A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Cabela's Wholesale, Inc. re 171 Affidavit in Opposition to Motion, 168 Affidavit in Opposition to Motion, 170 Affidavit in Opposition to Motion, 165 Affidavit in Opposition to Motion, 169 Affidavit in Opposition to Motion, 164 Affidavit in Opposition to Motion, 172 Affidavit in Opposition to Motion, 166 Affidavit in Opposition to Motion, 163 Memorandum in Opposition to Motion, 167 Affidavit in Opposition to Motion to Certify Class (Sear, John) (Entered: 01/23/2009) REPLY re 151 MOTION to Certify Class filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Leach, Thomas) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/10/09. (KT) (Entered: 03/10/2009) AFFIDAVIT of Thomas J. Leach in SUPPORT OF 151 MOTION to Certify Class In Support of Reply filed by all plaintiffs. (Attachments: # 1 Placeholder for Exhibits 12, # 2 Exhibit(s) 2 Part 1, # 3 Exhibit(s) 3 Part 2, # 4 Exhibit(s) 3 Part 3, # 5 Exhibit(s) 3 Part 4, # 6 Exhibit(s) 3 Part 5, # 7 Placeholder for Exhibit 4, # 8 Exhibit(s) 5, # 9 Exhibit(s) 6, # 10 Exhibit(s) 7, # 11 Exhibit(s) 8, # 12 Exhibit(s) 9, # 13 Exhibit(s) 10, # 14 Exhibit(s) 11, # 15 Placeholder for Exhibits 1213, # 16 Exhibit(s) 14, # 17 Placeholder for Exhibit 15, # 18 Exhibit(s) 16)(Leach, Thomas) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 3/10/09. (KT) (Entered: 03/10/2009) AFFIDAVIT of Hal Poret in SUPPORT OF 151 MOTION to Certify Class filed by all plaintiffs. (Leach, Thomas) (Entered: 03/10/2009) CERTIFICATE OF SERVICE by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow re 175 Affidavit in Support of Motion,, 174 Reply, 176 Affidavit in Support of Motion (Leach, Thomas) (Entered: 03/10/2009) NOTICE of Withdrawal as Attorney of Record for Plaintiffs (Keith M. Sorge) (Attachments: # 1 Certificate of Service)(Leach, Thomas) (Entered: 03/11/2009)
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ORDER DENYING Defendants' letter request for permission to submit a letter. (Written Opinion). Signed by Judge Richard H. Kyle on 04/02/09. (Attachments: # 1 Letter Attachment)(rhks) (Entered: 04/02/2009) 04/02/2009 180 MOTION for Temporary Stay by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Chris Lewison, Theodore Robert Carlson, Mike Buetow. (Leach, Thomas) (Entered: 04/02/2009) NOTICE by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow re 180 MOTION for Temporary Stay. (Date and time to be determined) (Leach, Thomas) Added text on 4/3/2009 (RLR). (Entered: 04/02/2009) MEMORANDUM in Support re 180 MOTION for Temporary Stay filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Leach, Thomas) (Entered: 04/02/2009) LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow re 182 Memorandum in Support of Motion. (Leach, Thomas) (Entered: 04/02/2009) Declaration of Thomas J. Leach, III in Support of 182 Memorandum in Support of Motion, 181 Notice (Other), 180 MOTION for Temporary Stay filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 Exhibit(s) 14)(Leach, Thomas) (Entered: 04/02/2009) CERTIFICATE OF SERVICE by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow re 183 LR7.1 Word Count Compliance Certificate, 182 Memorandum in Support of Motion, 181 Notice (Other), 184 Declaration in Support, 180 MOTION for Temporary Stay (Leach, Thomas) (Entered: 04/02/2009) ORDER AND NOTICE OF HEARING re: 180 MOTION for Temporary Stay will be heard Friday, April 10, 2009 at 9:00 a.m., in a telephone hearing before Magistrate Judge Jeffrey J. Keyes. Defendants shall submit any response to Plaintiffs Motion for Temporary Stay on or before 5:00 p.m., April 8, 2009. Signed by Magistrate Judge Jeffrey J. Keyes on 4/3/09. (JME) (Entered: 04/03/2009) MOTION to Compel and to Amend Scheduling Order by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Leach, Thomas) (Entered: 04/06/2009) NOTICE OF HEARING ON MOTION 187 MOTION to Compel and to Amend Scheduling Order : Motion Hearing set for 4/27/2009 01:30 PM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Leach, Thomas) (Entered: 04/06/2009) MEMORANDUM in Support re 187 MOTION to Compel and to Amend Scheduling Order filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Leach, Thomas) (Entered: 04/06/2009) Declaration of Thomas J. Leach in Support of 189 Memorandum in Support of Motion filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 317, # 4 DOCUMENT FILED IN ERROR: WILL REFILE. Exhibit(s) 1824, # 5
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Exhibit(s) 19, # 6 Exhibit(s) 2122, # 7 Exhibit(s) 2533, # 8 Exhibit(s) 34)(Leach, Thomas) Modified on 4/6/2009 (kt). SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 4/6/09. (KT) (Entered: 04/06/2009) 04/06/2009 191 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow re 189 Memorandum in Support of Motion. (Leach, Thomas) (Entered: 04/06/2009) CERTIFICATE OF SERVICE by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow re 191 LR7.1 Word Count Compliance Certificate, 190 Declaration in Support, 189 Memorandum in Support of Motion, 188 Notice of Hearing on Motion, 187 MOTION to Compel and to Amend Scheduling Order (Leach, Thomas) (Entered: 04/06/2009) EXHIBIT re 190 Declaration in Support, Exhibits 1824 Corrected by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Leach, Thomas) (Entered: 04/06/2009) MEMORANDUM in Opposition re 180 MOTION for Temporary Stay filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Sear, John) (Entered: 04/07/2009) DECLARATION of Theresa A. Andre in Opposition to 180 MOTION for Temporary Stay filed by all defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Sear, John) Removed double text on 4/8/2009 (RLR). (Entered: 04/07/2009) CERTIFICATE OF SERVICE by A L S Enterprises Inc re 194 Memorandum in Opposition to Motion, 195 Declaration in Opposition. (Sear, John) (Entered: 04/07/2009) NOTICE OF CANCELLATION OF HEARING: The telephone hearing on Plaintiffs' Motion for Temporary Stay Doc. No. 180 scheduled to be held on Friday April 10, 2009, at 9:00 a.m., before United States Magistrate Judge Jeffrey J. Keyes is hereby cancelled. The motion will be considered by the Honorable Richard H. Kyle, United States District Judge. If Judge Kyle deems it necessary for a hearing to take place on Plaintiffs' motion, he will notify the parties. Signed by Magistrate Judge Jeffrey J. Keyes on 04/08/2009. (MMP) (Entered: 04/08/2009) ORDER denying 180 Motion for temporary stay. Signed by Judge Richard H. Kyle on 4/8/09. (ds) (Entered: 04/08/2009) RESPONSE in Opposition re 187 MOTION to Compel and to Amend Scheduling Order filed by A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Cabela's Wholesale, Inc. (Attachments: # 1 Certificate of Compliance with LR 37.1)(Nickels, Stephan) (Entered: 04/20/2009) DECLARATION of Theresa A. Andre in Opposition to 199 Response in Opposition to Motion, filed by A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Cabela's Wholesale, Inc. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I)(Nickels, Stephan) (Entered: 04/20/2009)
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CERTIFICATE OF SERVICE, re: Response 199 and Declaration 200 by A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Cabela's Wholesale, Inc. (Nickels, Stephan) Added links on 4/21/2009 (RLR). (Entered: 04/20/2009) Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Motion Hearing held on 4/27/2009 re 187 MOTION to Compel and to Amend Scheduling Order filed by Dennis Deeb, Jeff Brosi, Mike Buetow, Gary Steven Richardson, Jr, Joe Rohrbach. Motion taken under advisement. Order to be issued. (kt) (Entered: 04/27/2009) ORDER: 1. Plaintiffs' Motion to Compel and to Amend Scheduling Order Doc. No. 187 , is GRANTED IN PART and DENIED IN PART as follows: a. Plaintiffs Motion to Compel and to Amend Scheduling Order Doc. No. 187 , is GRANTED to the extent that the July 25, 2008 Amended Pretrial Scheduling Order Doc. No. 118 , is amended as follows; i. Plaintiffs' expert reports under Rule 26(a)(2) (A) must be completed and served by May 1, 2009, except that: (A) Plaintiffs' expert reports under Rule 26(a)(2)(A) relating to any damages claim for disgorgement of profits must be completed and served by May 21, 2009; (B) Plaintiffs expert reports under Rule 26 (a)(2)(A) relating to Defendant ALS Enterprises, Inc.'s, product testing and fabric specifications must be completed and served by May 21, 2009; and ii. Defendants' expert reports under Rule 26(a)(2)(A) must be completed and served by July 21, 2009; b. All other deadlines set forth in the July 25, 2008 Amended Pretrial Scheduling Order remain in full force and effect; c. Plaintiffs' Motion to Compel and to Amend Scheduling Order Doc. No. 187 , is DENIED in all other respects; and 2. The attached Memorandum is incorporated by reference. Signed by Magistrate Judge Jeffrey J. Keyes on 04/29/2009. (MMP) (Entered: 04/29/2009) Minute Entry for proceedings held before Judge Richard H. Kyle: Motion Hearing held on 5/7/2009 re 151 MOTION to Certify Class filed by Dennis Deeb, Jeff Brosi, Mike Buetow, Gary Steven Richardson, Jr, Joe Rohrbach argued and taken under advisement. (Court Reporter Carla Bebault) (ds) (Entered: 05/07/2009) NOTICE of Filing of Official Transcript. (cb) (Entered: 05/15/2009) DOCUMENT FILED IN ERROR, REFILED SEE DOC. # 209. TRANSCRIPT of Motions Hearing held on May 5, 2009 before Judge Richard H. Kyle. (88 pages). Court Reporter: Carla Bebault (Email: <a href=mailto://[email protected]>[email protected]. Telephone: (651) 8481220). Redaction Request due 6/5/2009. Redacted Transcript Deadline set for 6/15/2009. Release of Transcript Restriction set for 8/13/2009. For information on redaction procedures, please review Local Rule 5.5. (cb) Modified on 8/13/2009 (JME). (Entered: 05/15/2009) NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (kt) (Entered: 05/15/2009) TRANSCRIPT of Motions Hearing held on 4/27/09 before Magistrate Judge Jeffrey J. Keyes. (68 pages). Court Reporter: Lisa M. Thorsgaard (Email: www.johnsonreporting.com. Telephone: 6516818550). Redaction Request due 6/5/2009. Redacted Transcript Deadline set for 6/15/2009. Release of Transcript Restriction set for 8/13/2009. For information on redaction procedures, please review Local Rule 5.5. (kt) Modified on 5/20/2009 (Riemer, Rena). Modified text on 8/13/2009 (JME). (Entered: 05/15/2009)
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CORRECTED Version of previously filed TRANSCRIPT 206 , Motions Hearing held on May 5, 2009 before Judge Richard H. Kyle. (88 pages). Court Reporter: Carla Bebault (Email: [email protected]. Telephone: (651) 8481220). Redaction Request due 6/8/2009. Redacted Transcript Deadline set for 6/18/2009. Release of Transcript Restriction set for 8/17/2009. For information on redaction procedures, please review Local Rule 5.5. (cb) (Entered: 05/18/2009) LETTER TO MAGISTRATE JUDGE by A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Cabela's Wholesale, Inc. (Nickels, Stephan) (Entered: 06/11/2009) NOTICE of Hearing on Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow on Plaintiffs' Motion to Compel (Motion has not yet been filed): Hearing date set for 7/7/09 at 9:30 a.m. before Magistrate Judge JeffreyJ. Keyes in Courtroom 6A, St. Paul. (Attachments: # 1 Certificate of Service)(Steiner, Renae) Modified text on 6/15/2009 (kt). (Entered: 06/12/2009) MOTION to Compel, Motion to Amend the Pretrial Scheduling Order and Motion for Discovery Sanctions by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). (Entered: 06/23/2009) MEMORANDUM in Support re 212 MOTION to Compel, Motion to Amend the Pretrial Scheduling Order and Motion for Discovery Sanctions FILED UNDER SEAL filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Felt, Barbara) Modified text on 6/24/2009 (RLR). SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 6/23/09. (KT) (Entered: 06/23/2009) AFFIDAVIT of Rachel L.B. Stoering in SUPPORT OF 212 MOTION to Compel,Motion to Amend the Pretrial Scheduling Order and Motion for Discovery Sanctions filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Attachments: # 1 Exhibit(s) 6, # 2 Exhibit(s) 811)(Felt, Barbara) Modified text on 6/24/2009 (RLR). (Entered: 06/23/2009) EXHIBITS 26, 2930 re 214 Affidavit in Support of Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). (Entered: 06/23/2009) EXHIBITS 34 re 214 Affidavit in Support of Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). (Entered: 06/23/2009) EXHIBITS 40 re 214 Affidavit in Support of Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). (Entered: 06/23/2009) EXHIBITS 41 re 214 Affidavit in Support of Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). (Entered: 06/23/2009)
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EXHIBITS 15 (Filed under seal) re 214 Affidavit in Support of Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 6/23/09. (KT) (Entered: 06/23/2009) EXHIBIT 7 (Filed under seal) re 214 Affidavit in Support of Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 6/23/09. (KT) (Entered: 06/23/2009) EXHIBITS 1217 (Filed under seal) re 214 Affidavit in Support of Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 6/23/09. (KT) (Entered: 06/23/2009) EXHIBITS 2225, 2728, 3133 and 3538 (Filed under seal) re 214 Affidavit in Support of Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). SEALED DOCUMENT RECIEVED IN CLERK'S OFFICE ON 6/23/09. (KT) (Entered: 06/23/2009) EXHIBIT 39, Part 1 of 2 re 214 Affidavit in Support of Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). (Entered: 06/23/2009) EXHIBIT 39 (Part 2 of 2) re 214 Affidavit in Support of Motion by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) Modified text on 6/24/2009 (RLR). (Entered: 06/23/2009) CERTIFICATE OF SERVICE by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow re 213 Memorandum in Support of Motion, 219 Exhibit, 214 Affidavit in Support of Motion, 218 Exhibit, 222 Exhibit, 217 Exhibit, 224 Exhibit, 216 Exhibit, 221 Exhibit, 223 Exhibit, 220 Exhibit, 215 Exhibit, 212 MOTION to Compel , Motion to Amend the Pretrial Scheduling Order, and Motion for Discovery Sanctions. (Felt, Barbara) (Entered: 06/23/2009) DOCUMENT REMOVED FILED IN WRONG CASE. Modified on 6/24/2009 (jam). (Entered: 06/24/2009) EXHIBIT re 214 Affidavit in Support of Motion, Exhibits 1821 to the Affidavit of Rachel L.B. SToering in Support of Plaintiffs Motion to Compel, Motion to Amend the Pretrial Scheduling Order and Motion for Discovery Sancations by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow filed by Gary Steven Richardson, Jr, Joe Rohrbach, Jeff Brosi, Dennis Deeb, Mike Buetow. (Felt, Barbara) (Entered: 06/24/2009)
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NOTICE OF DOCKETING CORRECTION Document 226 was incorrectly docketed in this case. The document has been removed and the docket has been changed to reflect this. (RLR) (Entered: 06/25/2009) 228 CERTIFICATE OF COMPLIANCE WITH LR 37.1 re: 212 MOTION to Compel Motion to Amend the Pretrial Scheduling Order, and Motion for Discovery Sanctions filed by Dennis Deeb, Jeff Brosi, Mike Buetow, Gary Steven Richardson, Jr, Joe Rohrbach. (Attachments: # 1 Certificate of Service)(Felt, Barbara) Modified text on 6/26/2009 (akl). (Entered: 06/25/2009) RESPONSE in Opposition re 212 MOTION to Compel , Motion to Amend the Pretrial Scheduling Order, and Motion for Discovery Sanctions filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Sear, John) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 6/26/09. (KT) (Entered: 06/26/2009) DECLARATION of Theresa A. Andre in Opposition to 229 Response in Opposition to Motion filed by all defendants. (Attachments: # 1 Exhibit(s) A placeholder, # 2 Exhibit(s) B placeholder, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E placeholder, # 6 Exhibit(s) F placeholder, # 7 Exhibit(s) G placeholder, # 8 Exhibit(s) H placeholder, # 9 Exhibit(s) I placeholder, # 10 Exhibit(s) J placeholder, # 11 Exhibit(s) K placeholder, # 12 Exhibit(s) L placeholder, # 13 M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q)(Sear, John) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 6/26/09. (KT) (Entered: 06/26/2009) CERTIFICATE OF SERVICE by A L S Enterprises Inc, Cabela's Inc, Gander Mountain Company, Cabela's Wholesale, Inc. re 230 Declaration in Opposition,, 229 Response in Opposition to Motion. (Sear, John) (Entered: 06/26/2009) CERTIFIED COPY OF TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation issued on June 18, 2009. (TSS) (Entered: 06/30/2009) NOTICE OF CONTINUATION OF HEARING: The Judicial Panel on Multidistrict Litigation ordered that pursuant to 28 U.S.C. 1407, this matter should be coordinated and consolidated with four related cases for pretrial proceedings. Accordingly, the hearing currently scheduled for 9:30 a.m., on July 7, 2009, before Magistrate Judge Jeffrey J. Keyes, on Plaintiffs' Motion to Compel, Motion to Amend the Pretrial Scheduling Order, and Motion for Discovery Sanctions (Doc. No. 212 ), has been continued. The disposition of Plaintiffs Motion to Compel, Motion to Amend the Pretrial Scheduling Order, and Motion for Discovery Sanctions (Doc. No. 212 ), including the scheduling of a hearing on the motion, will be determined after the initial status conference takes place in the case captioned In re: Activated CarbonBased Hunting Clothing Marketing and Sales Practices Litigation, Civ. No. 09md2059 (RHK/JJK). The date and time of that initial status conference will be forthcoming from the Court. (MMP) (Entered: 07/01/2009) ORDER DENYING 151 Motion to Certify Class. (Written Opinion). Signed by Judge Richard H. Kyle on 08/06/09. (kll) (Entered: 08/06/2009) DOCUMENT FILED IN ERROR TO BE REFILED WHEN MOTION IS FILED // NOTICE of Hearing on Motion re: Motion to Compel 212 by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach Notice of
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Hearing on Plaintiffs' Motion to Compel set for September 10, 2009 at 3:00 pm Courtroom 6A (STP) Before Magistrate Judge Jeffrey J. Keyes. (Attachments: # 1 Certificate of Service)(Steiner, Renae) Modified text on 8/11/2009 (lph). Modified text on 8/13/2009 (lph). (Entered: 08/07/2009) 08/07/2009 236 ORDER ON STATUS CONFERENCE AND PRETRIAL SCHEDULING ORDER:( Amended Pleadings due by 12/1/2009., Discovery due by 6/1/2010., Motions (nondisp) due 8/2/2010., Motions (disp) due by 11/1/2010.). Signed by Judge Richard H. Kyle and Magistrate Judge Jeffrey J. Keyes on 8/7/09. Associated Cases: 0:09md02059RHKJJK et al.(LPH) (Entered: 08/07/2009) AMENDED ORDER on status conference and pretrial scheduling order. Plaintiffs Motion to Compel, Motion to Amend the Pretrial Scheduling Order, and Motion for Discovery Sanctions (Buetow, Civ. No. 073970, Doc. No. 212), shall be heard on Thursday, August 13, 2009, at 11:00 a.m., before United States Magistrate Judge Jeffrey J. Keyes, in Courtroom 6A, United States Courthouse, 316 North Robert Street, St. Paul, Minnesota 55101. Signed by Judge Richard H Kyle and Magistrate Judge Jeffrey J. Keyes on 8/7/09. Associated Cases: 0:09md02059RHKJJK et al.(VEM) Modified on 8/10/2009 (vem). Modified text on 8/11/2009 (lph). (Entered: 08/10/2009) Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Motion Hearing held on 8/13/2009 re 212 MOTION to Compel , Motion to Amend the Pretrial Scheduling Order, and Motion for Discovery Sanctions filed by Dennis Deeb, Jeff Brosi, Mike Buetow, Gary Steven Richardson, Jr, Joe Rohrbach. Order to issue. (LPH) (Entered: 08/14/2009) TEXT ONLY ENTRY. Verbal ORDER ruling on 212 Motion to Compel, Motion to Amend the Pretrial Scheduling Order, and Motion for Discovery Sanctions, is GRANTED IN PART, DENIED IN PART, DENIED IN PART AS MOOT, DENIED IN PART WITHOUT PREJUDICE, and TAKEN UNDER ADVISEMENT IN PART AS TO SANCTIONS as follows: (1) Plaintiffs' request that Defendants be required to supplement their initial disclosures under Fed. R. Civ. P. 26(a)(1)(A)(iv) and thereby provide the insurance agreements under which an insurance business may be liable to satisfy all or part of a possible judgment in this action or to indemnify or reimburse for payments made to satisfy judgment is GRANTED. All Defendants shall make such insurance agreements available for inspection and copying; (2) Plaintiffs' request that Defendants be required to completely respond to Interrogatories 12 and 14 of their Third Set of Interrogatories and provide documents responsive to various requests in Plaintiffs' First Request for Production of Documents is DENIED AS MOOT. Defendants represented at the hearing that they have now fully responded to such discovery. Defendants shall put such representation in writing and certify that their responses to these discovery requests are complete and provide a copy of such certification to Plaintiffs' counsel. Plaintiffs' request for sanctions with respect to this discovery is DENIED because the record is ambiguous with respect to whether any intentional conduct on the part of a party or counsel necessitated this portion of Plaintiffs' motion; (3) The Court construes Plaintiffs' request that they be permitted to supplement "expert reports" to refer to the May 1, 2009 expert report of Mark J. Hosfield. Plaintiffs' request that they be permitted to supplement the May 1, 2009 expert report of Mark J. Hosfield is DENIED WITHOUT PREJUDICE. If the District Court permits a motion for reconsideration pursuant to Dist. Minn. Loc. R. 7.1(g), and thereafter reconsiders its decision on class certification and changes its decision to deny class certification
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(see Doc. No. 234), or if the District Court's denial of class certification is reversed on appeal to the Eighth Circuit Court of Appeals, the Court will address whether Mr. Hosfield's May 1, 2009 expert report should be revised upon Plaintiffs' request at that time; (4) Plaintiffs' request that they be permitted to take a second Fed. R. Civ. P. 30(b)(6) deposition of Defendant A.L.S. Enterprises, Inc., is DENIED WITHOUT PREJUDICE; (5) Plaintiffs' request that Defendants be required to provide further information in response to Document Request No. 23 from Plaintiffs' First Set of Requests for Production of Documents is DENIED AS MOOT. Defendants represented at the hearing that they have now fully responded to this document request. Defendants shall put such representation in writing and certify that their responses to this discovery request are complete and provide a copy of such certification to Plaintiffs' counsel; (6) The Court construes Plaintiffs' request that Defendants be required to supplement their production of documents reflecting changes in their advertising to be a request that Defendants be compelled to produce documents responsive to Document Request No. 36 from Plaintiffs' First Set of Requests for Production of Documents. Plaintiffs' request that Defendants be compelled to produce documents responsive to this document request is DENIED AS MOOT. Defendants represented at the hearing that they have disclosed all documents responsive to this request and would continue to supplement such disclosure as necessary. Defendants shall put such representation in writing and certify that their responses to this discovery request are complete and provide a copy of such certification to Plaintiffs' counsel; (7) Plaintiffs' request that the Pretrial Scheduling Order in this matter be amended to allow Plaintiffs to take a total of 25 depositions is DENIED. Plaintiffs' oral request that the Court provide a ruling with respect to the calculation of the number of depositions that have been taken by Plaintiffs in this matter thus far was not properly before the Court on Plaintiffs' motion and is DENIED. The parties are instructed to meet and confer and arrive at an agreement with respect to the proper calculation of the number of depositions already taken by Plaintiffs. Any dispute over that calculation shall be resolved by a telephone conference with United States Magistrate Judge Jeffrey J. Keyes, to be scheduled by the parties; and (8) Plaintiffs' request for discovery sanctions is TAKEN UNDER ADVISEMENT except to the extent that the Court ruled otherwise from the bench at the hearing as outlined in paragraph (2) above. Signed by Magistrate Judge Jeffrey J. Keyes on 8/13/09. (LPH) (Entered: 08/17/2009) 08/17/2009 08/17/2009 240 241 MOTION to Compel Discovery by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach. (Leach, Thomas) (Entered: 08/17/2009) NOTICE OF HEARING ON MOTION 240 MOTION to Compel Discovery : Motion Hearing set for 9/3/2009 10:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Leach, Thomas) (Entered: 08/17/2009) MEMORANDUM in Support re 240 MOTION to Compel Discovery filed by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Leach, Thomas) (Entered: 08/17/2009) Declaration of Renae Steiner in Support of 240 MOTION to Compel Discovery filed by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach. (Attachments: # 1 Placeholder for Exhibit A, # 2 Exhibit(s) BI, # 3 Placeholder for JN, # 4 Exhibit(s) OU)(Leach, Thomas) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 8/17/09. (KT) (Entered:
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08/17/2009) 08/17/2009 244 Declaration of Kristin M Drieman in Support of 240 MOTION to Compel Discovery filed by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach. (Attachments: # 1 Exhibit(s) A)(Leach, Thomas) (Entered: 08/17/2009) CERTIFICATE OF SERVICE by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach re 243 Declaration in Support, 242 Memorandum in Support of Motion, 244 Declaration in Support, 241 Notice of Hearing on Motion, 240 MOTION to Compel Discovery (Leach, Thomas) (Entered: 08/17/2009) LETTER TO MAGISTRATE JUDGE by A L S Enterprises Inc re Plaintiffs' 8/17/09 Motion to Compel. (Sear, John) (Entered: 08/19/2009) LETTER TO MAGISTRATE JUDGE by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach re Plaintiffs' 8/17/09 Motion to Compel. (Leach, Thomas) (Entered: 08/19/2009) ORDER re 247 Letter to Magistrate Judge filed by Dennis Deeb, Jeff Brosi, Mike Buetow, Gary Steven Richardson, Jr, Joe Rohrbach, 246 Letter to Magistrate Judge filed by A L S Enterprises Inc; the Court denies Defendants' letter request that Plaintiffs' motion be stricken. The September 3, 2009 hearing noticed by Plaintiffs (Doc. No. 241), will take place as currently scheduled, and Defendants should file any response to Plaintiffs' motion on or before August 27, 2009. Signed by Magistrate Judge Jeffrey J. Keyes on 8/19/09. (LPH) (Entered: 08/19/2009) ORDER: To the extent it requests sanctions for Defendants' alleged abuses of the discovery process, and to the extent such requests were not ruled on at the August 13, 2009 hearing, Plaintiffs' Motion to Compel, Motion to Amend the Pretrial Scheduling Order, and Motion for Discovery Sanctions (Doc. No. 212) is DENIED. Signed by Magistrate Judge Jeffrey J. Keyes on 8/19/09. (LPH) (Entered: 08/19/2009) ORDER DENYING Plaintiffs request to file a Motion for Reconsideration. (Written Opinion). Signed by Judge Richard H. Kyle on 08/24/09. (Attachments: # 1 Letter Attachment)(kll) (Entered: 08/24/2009) MEMORANDUM in Opposition re 240 MOTION to Compel Discovery filed by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Carey, Michael) (Entered: 08/27/2009) CERTIFICATE OF SERVICE by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company re 251 Memorandum in Opposition to Motion. (Carey, Michael) (Entered: 08/27/2009) Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Motion Hearing held on 9/3/2009 re 240 MOTION to Compel Discovery filed by Dennis Deeb, Jeff Brosi, Mike Buetow, Gary Steven Richardson, Jr, Joe Rohrbach. Order to issue. (Court Reporter Jeanne Anderson) (LPH) (Entered: 09/03/2009) LETTER re: Petition for permission to appeal has been considered by the court and is denied, from Court of Appeals 8th Circuit. (Attachments: # 1 Cover Letter)(jam)
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(Entered: 09/14/2009) 09/15/2009 09/15/2009 09/15/2009 09/15/2009 09/15/2009 255 256 257 258 259 MOTION for Summary Judgment by A L S Enterprises Inc. (Sear, John) (Entered: 09/15/2009) MOTION for Summary Judgment by Cabela's Inc.. (Sear, John) (Entered: 09/15/2009) MOTION for Summary Judgment by Cabela's Wholesale, Inc.. (Sear, John) (Entered: 09/15/2009) MOTION for Summary Judgment by Gander Mountain Company. (Sear, John) (Entered: 09/15/2009) Declaration of Theresa A. Andre in Support of 255 MOTION for Summary Judgment filed by A L S Enterprises Inc. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s), # 14 Exhibit(s), # 15 Placeholder for Ex. 15, # 16 Exhibit(s), # 17 Placeholder for Ex. 17, # 18 Placeholder for Ex. 18, # 19 Placeholder for Ex. 19, # 20 Exhibit(s), # 21 Placeholder for Ex. 22, # 22 Placeholder for Ex. 23, # 23 Placeholder for Ex. 24, # 24 Placeholder for Ex. 25, # 25 Placeholder for Ex. 26, # 26 Placeholder for Ex. 27, # 27 Placeholder for Ex. 28, # 28 Placeholder for Ex. 31, # 29 Exhibit(s), # 30 Exhibit(s), # 31 Exhibit(s), # 32 Exhibit(s), # 33 Exhibit(s), # 34 Exhibit(s), # 35 Placeholder for Ex. 40, # 36 Placeholder for Ex. 41, # 37 Placeholder for Ex. 42, # 38 Exhibit(s), # 39 Exhibit(s), # 40 Placeholder for Ex. 45, # 41 Placeholder for Ex. 39)(Sear, John) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/16/09. (KT) (Entered: 09/15/2009) EXHIBIT re 259 Declaration in Support,,,, Placeholder for Ex. 20 by A L S Enterprises Inc filed by A L S Enterprises Inc. (Sear, John) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/16/09. (KT) (Entered: 09/15/2009) EXHIBIT re 259 Declaration in Support,,,, Placeholder for Ex. 39 by A L S Enterprises Inc filed by A L S Enterprises Inc. (Sear, John) (Entered: 09/15/2009) MOTION for Summary Judgment by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach. (Leach, Thomas) (Entered: 09/15/2009) NOTICE OF HEARING ON MOTION 262 MOTION for Summary Judgment : Motion Hearing set for 10/30/2009 08:00 AM before Judge Richard H. Kyle. (Leach, Thomas) (Entered: 09/15/2009) MEMORANDUM in Support re 262 MOTION for Summary Judgment filed by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Leach, Thomas) (Entered: 09/15/2009) NOTICE OF HEARING ON MOTION 255 MOTION for Summary Judgment : Motion Hearing set for 10/30/2009 08:00 AM in Courtroom 7A (STP) before Judge Richard H. Kyle. (Sear, John) (Entered: 09/15/2009) Declaration of Thomas J. Leach in Support of 264 Memorandum in Support of Motion filed by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach. (Attachments: # 1 Exhibit(s) 1, # 2 Placeholder for Exhibit 26, #
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3 Exhibit(s) 78, # 4 Exhibit(s) 912, # 5 Placeholder for Exhibit 13, # 6 Exhibit(s) 14, # 7 Exhibit(s) 15, # 8 Placeholder for Exhibit 16, # 9 Exhibit(s) 17, # 10 Supplement 18, # 11 Exhibit(s) 1921, # 12 Placeholder for Exhibit 22, # 13 Exhibit(s) 2327, # 14 Placeholder for Exhibits 2832, # 15 Exhibit(s) 3337, # 16 Placeholder for Exhibits 3839, # 17 Exhibit(s) 40, # 18 Placeholder for Exhibits 4143, # 19 Placeholder for Exhibit 44, # 20 Exhibit(s) 45, # 21 Placeholder for Exhibit 46, # 22 Exhibit(s) 4748, # 23 Placeholder for Exhibits 4951, # 24 Exhibit(s) 52, # 25 Placeholder for Exhibits 5354, # 26 Exhibit(s) 5556)(Leach, Thomas) SEALED DOCUMENTS RECEIVED IN CLERk'S OFFICE ON 9/15/09. (KT) (Entered: 09/15/2009) 09/15/2009 267 CERTIFICATE OF SERVICE by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach re 264 Memorandum in Support of Motion, 263 Notice of Hearing on Motion, 262 MOTION for Summary Judgment, 266 Declaration in Support,,, (Leach, Thomas) (Entered: 09/15/2009) NOTICE OF HEARING ON MOTION 256 MOTION for Summary Judgment : Motion Hearing set for 10/30/2009 08:00 AM in Courtroom 7A (STP) before Judge Richard H. Kyle. (Sear, John) (Entered: 09/15/2009) NOTICE OF HEARING ON MOTION 257 MOTION for Summary Judgment : Motion Hearing set for 10/30/2009 08:00 AM in Courtroom 7A (STP) before Judge Richard H. Kyle. (Sear, John) (Entered: 09/15/2009) NOTICE OF HEARING ON MOTION 258 MOTION for Summary Judgment : Motion Hearing set for 10/30/2009 08:00 AM in Courtroom 7A (STP) before Judge Richard H. Kyle. (Sear, John) (Entered: 09/15/2009) EXHIBIT re 259 Declaration in Support,,,, Placeholder for Ex. 29 by A L S Enterprises Inc filed by A L S Enterprises Inc. (Sear, John) SEALED DOCUMENT RECEIVED IN CLERK's OFFICE ON 9/16/09. (KT) (Entered: 09/15/2009) MEMORANDUM in Support re 255 MOTION for Summary Judgment Placeholder filed by A L S Enterprises Inc. (Sear, John) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/16/09. (KT) (Entered: 09/15/2009) MEMORANDUM in Support re 262 MOTION for Summary Judgment FILED UNDER SEAL Placeholder filed by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach. (Leach, Thomas) SEALED DOCUMENT RECEIVED IN CLERk'S OFFICE ON 9/15/09. (KT) (Entered: 09/15/2009) EXHIBIT re 259 Declaration in Support,,,, Placeholder by A L S Enterprises Inc filed by A L S Enterprises Inc. (Sear, John) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 9/16/09. (KT) (Entered: 09/15/2009) LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by A L S Enterprises Inc re 272 Memorandum in Support of Motion filed by A L S Enterprises Inc. (Sear, John) (Entered: 09/15/2009) MOTION for Summary Judgment by Cabela's Inc.. (Carey, Michael) (Entered: 09/15/2009) MEMORANDUM in Support re 276 MOTION for Summary Judgment filed by Cabela's Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Carey, Michael) (Entered: 09/15/2009)
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Declaration of Kent Kelsey in Support of 276 MOTION for Summary Judgment, 277 Memorandum in Support of Motion filed by Cabela's Inc.. (Carey, Michael) (Entered: 09/15/2009) CERTIFICATE OF SERVICE by Cabela's Inc. re 278 Declaration in Support, 276 MOTION for Summary Judgment, 268 Notice of Hearing on Motion, 277 Memorandum in Support of Motion, 256 MOTION for Summary Judgment (Carey, Michael) (Entered: 09/15/2009) MEMORANDUM in Support re 257 MOTION for Summary Judgment filed by Cabela's Wholesale, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Carey, Michael) (Entered: 09/15/2009) CERTIFICATE OF SERVICE by Cabela's Wholesale, Inc. re 269 Notice of Hearing on Motion, 280 Memorandum in Support of Motion, 257 MOTION for Summary Judgment (Carey, Michael) (Entered: 09/15/2009) MEMORANDUM in Support re 258 MOTION for Summary Judgment filed by Gander Mountain Company. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Carey, Michael) (Entered: 09/15/2009) CERTIFICATE OF SERVICE by Gander Mountain Company re 258 MOTION for Summary Judgment, 270 Notice of Hearing on Motion, 282 Memorandum in Support of Motion (Carey, Michael) (Entered: 09/15/2009) CERTIFICATE OF SERVICE by A L S Enterprises Inc re 255 MOTION for Summary Judgment, 265 Notice of Hearing on Motion, 274 Exhibit, 272 Memorandum in Support of Motion, 260 Exhibit, 275 LR7.1 Word Count Compliance Certificate, 261 Exhibit, 271 Exhibit, 259 Declaration in Support. (Sear, John) (Entered: 09/18/2009) ORDER granting in part and denying in part 240 Motion to Compel discovery. Signed by Magistrate Judge Jeffrey J. Keyes on 9/22/09. (VEM) (Entered: 09/22/2009) EXHIBIT re 259 Declaration in Support, Placeholder for Exhibit 30 filed under seal by A L S Enterprises Inc filed by A L S Enterprises Inc. (Sear, John) RECEIVED DOCUMENT IN CLERK'S OFFICE 10/1/09 Modified on 10/5/2009 (jam). (Entered: 10/01/2009) MEMORANDUM in Opposition re 262 MOTION for Summary Judgment PLACEHOLDER filed by A L S Enterprises Inc. SEALED DOCUMENT RECIEVED IN CLERKS OFFICE ON 10/13/09. (Sear, John) Modified on 10/16/2009 (akl). (Entered: 10/13/2009) LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by A L S Enterprises Inc re 287 Memorandum in Opposition to Motion filed by A L S Enterprises Inc. (Sear, John) (Entered: 10/13/2009) AFFIDAVIT of Bree Grossi Wilde in OPPOSITION TO 262 MOTION for Summary Judgment filed by A L S Enterprises Inc. (Attachments: # 1 Exhibit(s) # 1, # 2 Exhibit(s) # 2, # 3 Exhibit(s) # 3, # 4 Exhibit(s) # 4, # 5 Exhibit(s) # 5, # 6 Exhibit(s) # 6, # 7 Exhibit(s) # 7, # 8 Exhibit(s) # 8 PLACEHOLDER, # 9 Exhibit(s) # 9 PLACEHOLDER, # 10 Exhibit(s) # 10, # 11 Exhibit(s) # 11, # 12 Exhibit(s) # 12, # 13 Exhibit(s) # 13, # 14 Exhibit(s) # 14 PLACEHOLDER, # 15
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Exhibit(s) # 15, # 16 Exhibit(s) # 16, # 17 Exhibit(s) # 17, # 18 Exhibit(s) # 18, # 19 Exhibit(s) # 19, # 20 Exhibit(s) # 20, # 21 Exhibit(s) # 21, # 22 Exhibit(s) # 22.1, # 23 Exhibit(s) # 22.2, # 24 Exhibit(s) # 22.3, # 25 Exhibit(s) # 22.4, # 26 Exhibit(s) # 23, # 27 Exhibit(s) # 24, # 28 Exhibit(s) # 25, # 29 Exhibit(s) # 26, # 30 Exhibit(s) # 27 PLACEHOLDER, # 31 Exhibit(s) # 28, # 32 Exhibit(s) # 29, # 33 Exhibit(s) # 30, # 34 Exhibit(s) # 31, # 35 Exhibit(s) # 32 PLACEHOLDER, # 36 Exhibit(s) # 33, # 37 Exhibit(s) # 34) SEALED DOCUMENT RECIEVED IN CLERKS OFFICE ON 10/13/09. (Sear, John) Modified on 10/16/2009 (akl). (Entered: 10/13/2009) 10/13/2009 10/13/2009 290 291 DECLARATION of Bob Brown in Opposition to 262 MOTION for Summary Judgment filed by A L S Enterprises Inc. (Sear, John) (Entered: 10/13/2009) DOCUMENT FILED IN ERROR, WILL REFILE. MEMORANDUM in Opposition re 255 MOTION for Summary Judgment filed by Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate) SEALED DOCUMENT RECIEVED IN CLERKS OFFICE ON 10/13/09. (Grumbles, Ernest) Modified on 10/15/2009 (JME). Modified on 10/16/2009 (akl). (Entered: 10/13/2009) MEMORANDUM in Opposition re 256 MOTION for Summary Judgment filed under seal filed by Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)SEALED DOCUMENT RECIEVED IN CLERKS OFFICE ON 10/13/09. (Leach, Thomas) Modified on 10/16/2009 (akl). (Entered: 10/13/2009) Declaration of Ernest Grumbles in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Attachments: # 1 Placeholder for Exhs 13, # 2 Exhibit(s) 4, # 3 Placeholder for Exhs 56, # 4 Exhibit(s) 7, # 5 Exhibit(s) 810, # 6 Placeholder for 1112, # 7 Placeholder for 1517, # 8 Exhibit(s) 1819, # 9 Placeholder for 2023, # 10 Exhibit(s) 2425, # 11 Placeholder for 26, # 12 Exhibit(s) 27, # 13 Placeholder for 2831, # 14 Exhibit(s) 3235, # 15 Exhibit(s) 1314) SEALED DOCUMENT RECIEVED IN CLERKS OFFICE ON 10/14/09. (Grumbles, Ernest) Modified on 10/16/2009 (akl). (Entered: 10/13/2009) CERTIFICATE OF SERVICE by A L S Enterprises Inc re 290 Declaration in Opposition, 287 Memorandum in Opposition to Motion, 289 Affidavit in Opposition to Motion,,,,, 288 LR7.1 Word Count Compliance Certificate (Sear, John) (Entered: 10/13/2009) MEMORANDUM in Opposition re 258 MOTION for Summary Judgment by Gander Mountain filed by Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Leach, Thomas) (Entered: 10/13/2009) MEMORANDUM in Opposition re 257 MOTION for Summary Judgment by Cabela's Wholesale filed by Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Leach, Thomas) (Entered: 10/13/2009) Declaration of Mike Buetow in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Attachments: # 1 Buetow Part 2, # 2 Buetow Part 3)(Grumbles, Ernest) (Entered: 10/13/2009)
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Declaration of Joe Rohrbach in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Attachments: # 1 Rohrbach Part 2, # 2 Rohrbach Part 3)(Grumbles, Ernest) (Entered: 10/13/2009) 10/13/2009 10/13/2009 10/13/2009 10/13/2009 10/13/2009 10/13/2009 10/13/2009 10/13/2009 10/13/2009 10/13/2009 10/13/2009 10/13/2009 10/13/2009 10/13/2009 299 300 301 302 303 304 305 306 307 308 309 310 311 312 Declaration of Scott Dorris in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Jeff Brosi in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of George Cook in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Dennis Deeb in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Jonathan Lange in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Ron Levine in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Matt Lynch in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Larry Miller in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Steve Pemberton in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Dennis Pickering in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Gary Richardson in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Luke Super in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) Declaration of Paul Thoune in Support of 291 Memorandum in Opposition to Motion filed by Mike Buetow. (Grumbles, Ernest) (Entered: 10/13/2009) CERTIFICATE OF SERVICE by Mike Buetow re 299 Declaration in Support, 307 Declaration in Support, 298 Declaration in Support, 293 Declaration in Support,, 306 Declaration in Support, 302 Declaration in Support, 311 Declaration in Support, 297 Declaration in Support, 310 Declaration in Support, 308 Declaration in Support, 301 Declaration in Support, 304 Declaration in Support, 291 Memorandum in Opposition to Motion, 303 Declaration in Support, 309 Declaration in Support, 300 Declaration in Support, 305 Declaration in Support (Grumbles, Ernest) (Entered: 10/13/2009) MEMORANDUM in Opposition re 255 MOTION for Summary Judgment (CORRECTED VERSION) filed by Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Grumbles, Ernest) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/15/09. (KT) (Entered: 10/15/2009)
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EXHIBIT re 293 Declaration in Support,, Amended Exhibit 9 by Mike Buetow filed by Mike Buetow. (Attachments: # 1 Placeholder for Exhibit 11 (Amended), # 2 Placeholder for Exhibit 20 (Amended))(Grumbles, Ernest) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 10/15/09. (KT) (Entered: 10/15/2009) CERTIFICATE OF SERVICE by Mike Buetow re 314 Exhibit, 313 Memorandum in Opposition to Motion (Grumbles, Ernest) (Entered: 10/15/2009) REPLY to Response to Motion re 255 MOTION for Summary Judgment Placeholder filed by A L S Enterprises Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 10/18/09. (Sear, John) Modified on 10/21/2009 (akl). (Entered: 10/19/2009) REPLY to Response to Motion re 256 MOTION for Summary Judgment Placeholder filed by Cabela's Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 10/18/09. (Sear, John) Modified on 10/21/2009 (akl). (Entered: 10/19/2009) REPLY re 262 MOTION for Summary Judgment FILED UNDER SEAL filed by Mike Buetow. (Attachments: # 1 LR7.1 Word Count Compliance Certificate) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 10/19/09. (Leach, Thomas) Modified on 10/21/2009 (akl). (Entered: 10/19/2009) Second Declaration of Thomas J. Leach, III in Support of 318 Reply filed by Mike Buetow. (Attachments: # 1 Placeholder for Exhibit 57, # 2 Placeholder for Exhibit 58) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 10/19/09. (Leach, Thomas) Modified on 10/21/2009 (akl). (Entered: 10/19/2009) CERTIFICATE OF SERVICE by Mike Buetow re 319 Declaration in Support, 318 Reply (Leach, Thomas) (Entered: 10/19/2009) Second Declaration of Theresa A. Andre in Support of 316 Reply to Response to Motion filed by A L S Enterprises Inc. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s))(Sear, John) (Entered: 10/19/2009) CERTIFICATE OF SERVICE by Cabela's Inc. re 317 Reply to Response to Motion (Sear, John) (Entered: 10/19/2009) REPLY to Response to Motion re 257 MOTION for Summary Judgment filed by Cabela's Wholesale, Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Sear, John) (Entered: 10/19/2009) CERTIFICATE OF SERVICE by Cabela's Wholesale, Inc. re 323 Reply to Response to Motion, 321 Declaration in Support (Sear, John) (Entered: 10/19/2009) REPLY to Response to Motion re 258 MOTION for Summary Judgment filed by Gander Mountain Company. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Sear, John) (Entered: 10/19/2009) CERTIFICATE OF SERVICE by Gander Mountain Company re 325 Reply to Response to Motion, 321 Declaration in Support (Sear, John) (Entered: 10/19/2009)
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CERTIFICATE OF SERVICE by A L S Enterprises Inc re 316 Reply to Response to Motion (Sear, John) (Entered: 10/19/2009) 10/20/2009 328 NOTICE OF HEARING ON MOTIONS for Summary Judgment : 255 256 257 258 262 276 Motion Hearing rescheduled to 10/30/2009 02:00 PM in Courtroom 7A (STP) before Judge Richard H. Kyle. (ds) Modified link on 10/21/2009 (vem). (Entered: 10/20/2009) Minute Entry for proceedings held before Judge Richard H. Kyle: Motion Hearing held on 10/30/2009 re MOTIONS for Summary Judgment 258 262 276 255] 257 256 argued and taken under advisement (Court Reporter Carla Bebault) (ds) (Entered: 11/02/2009) LETTER TO MAGISTRATE JUDGE by A L S Enterprises Inc. (Carey, Michael) (Entered: 11/02/2009) CERTIFICATE OF SERVICE by A L S Enterprises Inc re 330 Letter to Magistrate Judge (Carey, Michael) (Entered: 11/02/2009) NOTICE Mandate re 254 Letter (Judgment). (jam) (Entered: 11/05/2009) NOTICE USCA MANDATE, the formal mandate is hereby issued in the abovestyled matter. (jam) (Entered: 11/10/2009) ORDER: 1. Plaintiffs' request for leave to file a motion for discovery sanctions is GRANTED; and 2. Plaintiffs' motion for discovery sanctions will be heard on Thursday, December 17, 2009, at 9:30 a.m., before Magistrate Judge Jeffrey J. Keyes, Courtroom 6A, United States District Court, Warren E. Burger Federal Courthouse, 316 North Robert Street, St. Paul, Minnesota 55101. Signed by Magistrate Judge Jeffrey J. Keyes on 11/6/09. (jam) (Entered: 11/09/2009) NOTICE of Hearing: Discovery Sanctions Hearing set for 12/17/2009 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (jam) (Entered: 11/09/2009) 335 47 ORDER granting in part and denying in part Doc. Nos. 255 , 256 , 257 , 258 and 262 (Motions for Summary Judgment). On or before May 24, 2010, Plaintiffs shall serve and file a proposed Order of Injunction. Objections thereto may be filed within 10 days of receipt thereof. (Written Opinion). Signed by Judge Richard H. Kyle on 05/13/10. (kll) (Entered: 05/13/2010) NOTICE by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach Notice of Filing Proposed Order Regarding Injunctive Relief. (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Steiner, Renae) (Entered: 05/18/2010) LETTER TO DISTRICT JUDGE by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company Pursuant to LR 7.1(h). (Attachments: # 1 Certificate of Service)(Sear, John) (Entered: 05/19/2010) ORDER that Defendants request 337 to file a motion forreconsideration is DENIED. (Written Opinion). Signed by Judge Richard H. Kyle on 05/21/10. (kll) (Entered: 05/21/2010) NOTICE by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company re 336 Notice (Other) Defs' Objections to Pls' Proposed Order
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re Inj. Relief (Sear, John) (Entered: 06/01/2010) 06/01/2010 340 DECLARATION of Greg Paquin re 339 Notice (Other) by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company. (Attachments: # 1 Exhibit(s) A)(Sear, John) (Entered: 06/01/2010) DECLARATION of Ev Tarrell re 339 Notice (Other) by Cabela's Inc. Placeholder. (Sear, John) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 6/1/10. (KT) (Entered: 06/01/2010) CERTIFICATE OF SERVICE by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company re 340 Declaration, 341 Declaration, 339 Notice (Other). (Sear, John) (Entered: 06/01/2010) ORDER that in response to Defendants Objections to Plaintiffs Proposed Order Regarding Injunctive Relief 339 , Plaintiffs may file a Reply with the Court no later than 12:00 noon on June 4, 2010. (Written Opinion). Signed by Judge Richard H. Kyle on 06/02/10. (kll) (Entered: 06/02/2010) NOTICE by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach re 339 Notice (Other), 336 Notice (Other) Plaintiffs' Reply to Defendants' Objections to Plaintiffs' Proposed Order Regarding Injunctive Relief (Steiner, Renae) (Entered: 06/04/2010) Declaration of Renae D. Steiner in Support of 344 Notice (Other), Notice (Other) filed by Jeff Brosi, Mike Buetow, Dennis Deeb, Gary Steven Richardson, Jr, Joe Rohrbach. (Attachments: # 1 Exhibit(s) AC, # 2 Exhibit(s) DF, # 3 Certificate of Service)(Steiner, Renae) (Entered: 06/04/2010) 67 PERMANENT INJUNCTION. (Written Opinion). Signed by Judge Richard H. Kyle on 06/17/10. (kll) (Entered: 06/17/2010) 71 NOTICE OF APPEAL TO 8TH CIRCUIT as to 335 Order on Motion for Summary Judgment,,,,,,,,, 346 Permanent Injunction by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company. (Attachments: # 1 COA Form A)(Carey, Michael) (Entered: 06/22/2010) CERTIFICATE OF SERVICE by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company re 347 Notice of Appeal to 8th Circuit, (Carey, Michael) (Entered: 06/22/2010) MOTION to Stay re 346 Permanent Injunction by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company. (Carey, Michael) (Entered: 06/22/2010) MEMORANDUM in Support re 349 MOTION to Stay re 346 Permanent Injunction filed by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Carey, Michael) (Entered: 06/22/2010) Declaration of Theresa A. Andre in Support of 349 MOTION to Stay re 346 Permanent Injunction, 350 Memorandum in Support of Motion, filed by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Carey, Michael) (Entered: 06/22/2010)
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CERTIFICATE OF SERVICE by A L S Enterprises Inc, Cabela's Inc., Cabela's Wholesale, Inc., Gander Mountain Company re 351 Declaration in Support, 349 MOTION to Stay re 346 Permanent Injunction, 350 Memorandum in Support of Motion, (Carey, Michael) (Entered: 06/22/2010) USCA Appeal Fees received $ 455 receipt number 448336 re 347 Notice of Appeal to 8th Circuit, filed by Gander Mountain Company, A L S Enterprises Inc, Cabela's Wholesale, Inc., Cabela's Inc. (VEM) (Entered: 06/23/2010) 74 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit, 347 . (Attachments: # 1 COA Form A)(LPH) (Entered: 06/23/2010)
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Case 0:07-cv-03970-RHK-JJK Document 335
Filed 05/13/10 Page 1 of 20
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Mike Buetow, Gary Steven Richardson, Jr., Joe Rohrbach, Jeff Brosi, and Dennis Deeb, individually on behalf of themselves and all other Minnesota residents and entities similarly situated, Plaintiffs, Civ. No. 07-3970 (RHK/JJK) MEMORANDUM OPINION AND ORDER v. A.L.S. Enterprises, Inc., Cabelas Inc., Cabelas Wholesale, Inc., and Gander Mountain Company, Defendants.
Renae D. Steiner, Rachel L. B. Stoering, Heines Mills & Olson, PLC, Minneapolis, Minnesota, Ernest W. Grumbles, III, Thomas J. Leach, III, Merchant & Gould, PC, Minneapolis Minnesota, for Plaintiffs. Naikang Tsao, Foley & Lardner LLP, Madison, Wisconsin, John D. Sear, Bowman and Brooke LLP, Minneapolis, Minnesota, for Defendants.
INTRODUCTION This lawsuit concerns hunting clothing manufactured and/or sold by Defendants A.L.S. Enterprises, Inc. (ALS), Cabelas, Inc., Cabelas Wholesale, Inc., and Gander
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Mountain Co. (Gander Mountain) (collectively, Defendants). Plaintiffs1 allege that Defendants have misrepresented that their clothing eliminates human odor and is capable of being reactivated or regenerated in a household [clothes] dryer after the clothing has become saturated with odors. (Sec. Am. Compl. (SAC) 2.) All parties now move for summary judgment. For the reasons set forth below, the Court will grant all Motions in part and deny them in part.2 BACKGROUND Because game animals have an acute sense of smell, there is a demand for odorcontrolling clothing in the hunting market. (Sesselmann Decl. 2.) As a result, ALS patented and began selling hunting clothing with embedded activated carbon (carbonembedded clothing) under the brand name Scent-Lok. (Id. 3-5.) Activated carbon has the ability to adsorb human odor. (Id. 3.) ALS licenses its patent and Scent-Lok brand to other retailers, including Defendants, who manufacture and sell their own carbon-embedded clothing to consumers. (Id. 13-15.) Defendants have published countless advertisements promoting their carbonembedded clothing. Almost all of these advertisements utilize the slogans odoreliminating technology or odor-eliminating clothing. (Wilde Decl. Exs. 17-18, 24, 28;
Plaintiffs are Mike Buetow, Gary Steven Richardson, Jr., Joe Rohrbach, Jeff Brosi, and Dennis Deeb. This Court previously denied Plaintiffs Motion for Class Certification. (Doc. No. 234.) The Court thereafter denied Plaintiffs Motion for Reconsideration. (Doc. No. 250.) Plaintiffs then requested permission to appeal the certification question to the Eighth Circuit, which was denied. (Doc. No. 254.)
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Grumbles Decl. Ex. 32.)3 Otherwise, Defendants advertisements describe the clothings ability to control odor in several different ways. For example, many advertisements utilize these slogans and phrases such as eliminates all types of odor or odor elimination. (Wilde Decl. Exs. 20, 21, 23, 26.) Others assert that the clothing can eliminate 100% of your scent or all human odor, thus making the hunter scent-free. (Leach Decl. Exs. 7, 10, 12, 15.) In addition, some advertisements utilize graphics indicating that odor cannot escape carbon-embedded fabric. (Id. Exs. 17-19.) Defendants have also published numerous advertisements stating that purchasers can reactivate carbon-embedded fabric in a standard clothes dryer after the activated carbon becomes saturated with odor. (Id. Exs. 16, 21-22.) Some of these advertisements claim that carbon-embedded clothing can be reactivated for further use without describing the extent to which odors can be removed from the activated carbon. (Id. Ex. 21.) Other advertisements state that reactivation will make the clothing like new or pristine. (Id. Exs. 16, 22.) Plaintiffs claim that all of the above-referenced advertisements are false and/or misleading because Defendants carbon-embedded clothing cannot eliminate odors and cannot be reactivated to be like new or pristine. Both Plaintiffs and Defendants have consulted with experts who have conducted extensive laboratory testing on Defendants clothing. While the results of such testing differ dramatically, Plaintiffs and Defendants experts agree that carbon-embedded clothing cannot eliminate 100% of a hunters odor.
Cabelas, Inc. asserts that it has not published any advertisements for carbon-embedded clothing since 1999 because Cabelas Wholesale is the entity responsible for product marketing. (Cabelas, Inc. Mem. in Supp. at 1-2.)
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(Leach Decl. Exs. 28, 38; Hartman Dep. Tr. at 213, 225-29; Turk Dep. Tr. at 101.) Moreover, the experts agree that carbon-embedded clothing, once saturated with odor, cannot be reactivated to be like new or pristine. (Hartman Dep. Tr. at 168; Leach Decl. Exs. 38, 41.) On September 13, 2007, Plaintiffs commenced the instant action claiming that Defendants advertising is false and misleading in violation of various Minnesota state laws. Each Defendant now moves for summary judgment on all of Plaintiffs claims. Plaintiffs oppose these Motions and request partial summary judgment and injunctive relief. STANDARD OF REVIEW Summary judgment is proper if, drawing all reasonable inferences in favor of the nonmoving party, there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). The moving party bears the burden of showing that the material facts in the case are undisputed. Id. at 322; Mems v. City of St. Paul, Dept of Fire & Safety Servs., 224 F.3d 735, 738 (8th Cir. 2000). The Court must view the evidence, and the inferences reasonably drawn from it, in the light most favorable to the nonmoving party. Graves v. Ark. Dept of Fin. & Admin., 229 F.3d 721, 723 (8th Cir. 2000); Calvit v. Minneapolis Pub. Schs., 122 F.3d 1112, 1116 (8th Cir. 1997). The nonmoving party may not rest on mere allegations or denials, but must show through the presentation of admissible evidence that specific facts exist creating a genuine issue for
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trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986); Krenik v. County of Le Sueur, 47 F.3d 953, 957 (8th Cir. 1995). Where, as here, the Court confronts cross-motions for summary judgment, this approach is only slightly modified. When considering the defendants motion, the Court views the record in the light most favorable to the plaintiff, and when considering the plaintiffs motion, the Court views the record in the light most favorable to the defendant. Intl Bhd. of Elec. Workers, Local 176 v. Balmoral Racing Club, Inc., 293 F.3d 402, 404 (7th Cir. 2002). Either way, summary judgment is proper if the record demonstrates that there is no genuine issue as to any material fact. Id. ANALYSIS Plaintiffs assert that Defendants advertising is false and misleading in violation of the Minnesota Consumer Fraud Act (Claim 1), the Minnesota Uniform Deceptive Trade Practices Act (Claim 2), and the Minnesota Unlawful Trade Practices Act (Claim 3). (SAC 86-114.) The parties agree that the appropriate analysis for these claims is the same as that applied under the Lanham Act. (Pls. Mem. in Supp. at 14 n.8; ALS Mem. in Supp. at 13.) To prevail on a false-advertising claim under the Lanham Act, a plaintiff must prove: (1) that defendant made a false statement of fact in a commercial advertisement about its own or anothers product; (2) that the statement actually deceived or would tend to deceive a substantial segment of its audience; (3) that the deception is material, in that it is likely to influence the purchasing decision; (4) that defendant caused its false statement to enter interstate commerce; and (5) that the plaintiff has been or likely to be injured as a result of the false statement, either by direct diversion of sales from itself to the defendant or by a loss of good will associated with its products.
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Surdyks Liquor, Inc. v. MGM Liquor Stores, Inc., 83 F. Supp. 2d 1016, 1022 (D. Minn. 2000) (Doty, J.).4 In this case, Plaintiffs seek summary judgment on the element of falsity only,5 requesting an injunction. Defendants also seek summary judgment, asserting that all claims must be dismissed because their advertising is not false or misleading as a matter of law. Accordingly, this Court need only address the element of falsity for purposes of the present Motions. False statements actionable under the Lanham Act fall into two categories: (1) commercial claims that are literally false as a factual matter, and (2) claims that may be literally true or ambiguous but which implicitly convey a false impression, are misleading in context, or likely to deceive consumers. Surdyks, 83 F. Supp. 2d at 1022 (internal quotation marks and citation omitted). When assessing literal falsity, a court will conduct a two-part inquiry: (1) whether the challenged advertisement conveys an explicit factual message, and (2) whether that explicit factual message is false. Id. In making this inquiry, the Court must view advertisements in their full context, including visual imagery. United Indus. Corp. v. Clorox Co., 140 F.3d 1175, 1180-81 (8th Cir. 1998).
The requirement under the Lanham Act that the defendant cause its false statement to enter interstate commerce is not required under the Minnesota Statutes applicable to this action. Defendants assert that Plaintiffs cannot move for summary judgment on only one element of their false-advertising claim. (ALS Mem. in Oppn at 14-15.) It is true that summary judgment may not be had as to one portion of a claim. Four D, Inc. v. Dutchland Plastics Corp., Civ. No. 01-2073, 2003 WL 1842838, at *6 (D. Minn. Apr. 8, 2003) (Kyle, J.). However, claims are separable when there is more than one possible recovery and the recoveries are not mutually exclusive. Id. (internal quotation marks and citation omitted). As described below, Plaintiffs Motion is dispositive on the issue of injunctive relief, and therefore, the Motion is proper.
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To determine whether an advertisement is not literally false but misleading, the Court must asses whether the advertising actually conveyed [an] implied message and thereby deceived a significant portion of the recipients. Id. at 1182. Thus, the success of the claim usually turns on the persuasiveness of a consumer survey. Id. at 1183. I. What advertisements the Court may consider As a preliminary matter, Defendants argue at length that the advertisements the Court may consider are limited to those Plaintiffs specifically recall reviewing and relying upon in making their purchases. Specifically, Defendants assert that the Court is limited to finding whether the terms elimination and reactivation are literally false or misleading, as these are the only statements Plaintiffs recall with specificity. (ALS Mem. in Oppn at 31-45; ALS Mem. in Supp. at 36-38; Gander Mem. in Supp. at 6-8; Cabelas Wholesale Mem. in Supp. at 6-9.) The Court does not agree. For the purposes of the present Motion, Plaintiffs argue that a variety of Defendants advertisements are literally false and therefore request an injunction. When an advertisement is literally false, the Court need not consider the remaining Lanham Act . . . elements in order to grant Plaintiffs injunctive relief. Minn. Life Ins. Co. v. AXA Invest. Mgr., Civ. No. 03-4383, 2005 WL 1475336, at *7 (D. Minn. June 22, 2005) (Frank, J.). Thus, Plaintiffs are entitled to injunctive relief if literal falsity is established. Defendants assert that even if Plaintiffs have statutory standing to obtain injunctive relief, they lack constitutional standing to challenge advertisements they do not recall reviewing with specificity. To show Article III standing, a plaintiff has the burden of proving: (1) that he or she suffered an injury-in-fact, (2) a causal relationship between
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the injury and the challenged conduct, and (3) that the injury likely will be redressed by a favorable decision. Pucket v. Hot Springs Sch. Dist. No. 23-2, 526 F.3d 1151, 1157 (8th Cir. 2008) (internal quotation marks and citation omitted). Defendants argue that Plaintiffs cannot satisfy the second element without establishing the precise advertisements and language relied upon.6 The Court finds that Plaintiffs inability to recall the specific advertisements relied upon with precision does not divest them of constitutional standing to challenge Defendants advertising campaign. The record indicates that Plaintiffs were exposed to countless advertisements, stemming from all Defendants, and do recall reading and relying upon several specific advertisement claims, other than the terms elimination and reactivation. (Brosi Dep. Tr. at 29, 32, 40; Brosi Decl. 3-8; Buetow Dep. Tr. at 45, 65; Buetow Decl. 3-9; Deeb Dep. Tr. at 44-45; Deeb Decl. 3-4; Richardson Dep. Tr. at 26; Richardson Decl. 3-8; Rohrbach Dep. Tr. at 29, 32, 119; Rohrbach Decl. 3-9.)7 The advertisements relied upon by Plaintiffs are fairly representative of Defendants advertising campaign challenged in this action. The fact that Plaintiffs cannot recall each advertisement relied upon or the precise language of such
The Court is not blind to the fact that Defendants are attempting to prevent the Court from reviewing those advertisements that are the most likely to be found literally false. Specifically, Defendants do not want the Court to review their advertisements making the strongest elimination and reactivation claims. Defendants contend that Plaintiffs Declarations should not be considered by the Court because they are more specific and contradictory to their discovery responses. (ALS Mem. in Supp. at 38 n.26.) However, such affidavits may be considered if the information contained therein is not contradictory to deposition testimony, but merely provides more detail or is explanatory. Morgan v. Francois, 170 Fed. Appx. 978, 981 (8th Cir. 2006). The Court finds that Plaintiffs Declarations do not contradict their previous testimony, and therefore will be considered.
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advertisements does not divest them of standing to challenge a purportedly false advertising campaign to which they were undisputedly exposed. Accordingly, the Court finds that Plaintiffs have established an injury fairly traceable to Defendants advertisements sufficient to have standing to obtain an injunction. See Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 180-81 (2000) (holding that to have Article III standing a plaintiffs injury must be fairly traceable to the challenged actions of the defendant).8 II. False or misleading advertisements For purposes of the present Motions, Plaintiffs and Defendants have each submitted to the Court what they believe to be a representative set of advertisements. (Leach Decl. Exs. 7-22, 49, 53, 55-56; Wilde Decl. Exs. 15-26, 28-31, 34; Grumbles Decl. Exs. 4, 13-14, 25, 32-33.) Plaintiffs assert that two general claims made in these advertisements are literally false and misleading: the elimination claim and the reactivation claim. The Court addresses each below. A. The elimination claim
Defendants advertisements claim that their carbon-embedded clothing has the ability to eliminate odor. This claim is communicated to consumers in numerous ways described below.
The Court need not parse out which Plaintiffs reviewed which advertisements published by each Defendant. For the purpose of obtaining injunctive relief, it is sufficient to note that at least one Plaintiff has standing against each Defendant based upon their review of such Defendants advertisements and the purchase of their carbon-embedded clothing.
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Filed 05/13/10 Page 10 of 20
1.
Slogans and the term elimination
Several of Defendants advertisements simply utilize the slogans odoreliminating technology or odor-eliminating clothing without further elaborating on the clothings ability to control odor. (Wilde Decl. Exs. 17-18, 24, 28; Grumbles Decl. Ex. 32.) Other advertisements utilize these slogans and other phrases such as eliminates all types of odor or odor elimination. (Wilde Decl. Exs. 20, 21, 23, 26.) The Court finds these advertisements to be literally false as a matter of law. While the parties experts have different opinions regarding the extent to which carbon-embedded clothing will reduce odor, all agree that the clothing cannot eliminate odor, even when new. The word eliminate is subject to only one reasonable interpretation - complete elimination. In determining the meaning of challenged advertisements, a court may reference dictionary definitions. See Am. Italian Pasta Co. v. New World Pasta Co., 371 F.3d 387, 391 (8th Cir. 2004) (referencing a dictionary definition of favorite). The Compact Oxford English Dictionary provides that the word eliminate means [t]o expel, exclude, remove, get rid of. The Compact Oxford English Dictionary 141 (2d ed. 1989). The American Heritage Dictionary provides that the word eliminate means to wipe out someone or something, especially by using drastic methods such as banishment or execution. The American Heritage Dictionary 580 (4th ed. 2000). Thus, the word eliminate denotes a complete removal such that the word complete is unnecessary and repetitive.9
The Third Circuit addressed a similar factual scenario when an advertisement stated that a product could eliminate a medical condition. Belmont Labs., Inc. v. Fed. Trade Commn,103
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Filed 05/13/10 Page 11 of 20
Defendants have submitted several dictionary definitions equating the word eliminate with remove. (Andre Decl. Exs. 12-14.) Defendants argue that because their carbon-embedded clothing removes a substantial amount of odor, its advertisements are not literally false. However, the Court finds that the use of the word remove would also be literally false if used in Defendants advertisements. Here an example is helpful. If an advertisement states that a product will remove roaches from a home, the only reasonable expectation would be that all roaches would be removed, not just some.10 Accordingly, the Court finds Defendants advertisements utilizing the elimination terminology, without further explanation, to be literally false. 2. Scent-free, Odor-free, and 100% claims
Several of Defendants advertisements go beyond the use of the word eliminate or elimination to emphasize that carbon-embedded clothing will eliminate all human odor. (Wilde Decl. Exs. 22-23; Leach Decl. Exs. 7-18, 22, 55; Grumbles Decl. Exs. 4, 13-14.) Such advertisements use phrases such as, complete scent elimination, scentfree, works on 100% of your scent (100% of the time), all human scent, odor is
F.2d 538, 540-41 (3d Cir. 1939). When the evidence demonstrated that the product could only alleviate the condition for a period of time, the advertisement was found to be false. Id. Defendants have submitted to the Court several advertisements for various products utilizing elimination language. (Wilde Decl. Exs. 10-13.) According to Defendants, these advertisements indicate that the word eliminate has several meanings. The Court does not agree. First, there is nothing in the record revealing the capabilities of the products described in these advertisements. Accordingly, such products may indeed eliminate what they claim to eliminate. Second, even if such other advertisements claim to eliminate what they can only reduce, such advertisements may also be literally false.
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eradicated, or graphics demonstrating that human odor cannot escape carbon-embedded fabric. (Grossi Decl. Ex. 23; Leach Decl. Exs. 7, 15, 17, 18; Grumbles Decl. Ex. 13.) Because carbon-embedded clothing cannot eliminate odor, the above-referenced advertising is literally false. See POM Wonderful LLC v. Purely Juice, Inc., No CV-0702633, 2008 WL 4222045, at *11 (C.D. Cal. July 17, 2008) (holding that the phrase 100% pomegranate was literally false when a juice product contained substances other than pomegranate juice). Moreover, Defendants graphics, unambiguously demonstrating that odor cannot escape carbon-embedded fabric, are also literally false. See Time Warner Cable, Inc. v. DirectTV, Inc., 497 F.3d 144, 148 (2d Cir. 2007) ([A]n advertisement can be literally false even though it does not explicitly make a false assertion, if the words or images, considered in context, necessarily and unambiguously imply a false message.). 3. Advertisements with qualifiers
Finally, several of Defendants advertisements use the slogans odor-eliminating technology or odor-eliminating clothing, but further qualify this language with words indicating that carbon-embedded clothing cannot eliminate odor. (Wilde Decl. Exs. 1516, 19, 34; Leach Decl. Exs. 19-21, 53; Grumbles Decl. Ex. 25.) For example, one advertisement utilizes the slogan odor-eliminating clothing, but later states that activated carbon will virtually eliminat[e] odor. (Wilde Decl. Ex. 34.) Yet another advertisement uses the odor-eliminating technology slogan, but also states that carbonembedded clothing substantially reduces the chance that a deer will detect a hunters odor. (Id. Ex. 16.)
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The Court finds that these advertisements are not literally false. When an advertisement is subject to more than one reasonable interpretation, it cannot be literally false. Time Warner, 497 F.3d at 158. In this case, while a consumer may understand these advertisements to mean that carbon-embedded clothing can eliminate odor based upon slogan usage, the qualifying language may lead reasonable consumers to understand that the clothing can only reduce odor. Accordingly, such advertisements are not literally false. Plaintiffs assert that these advertisements, if not literally false, are still actionable because they are misleading. However, an advertisement cannot be misleading unless the evidence indicates that a significant portion of consumers were actually deceived by the advertising. United Indus., 140 F.3d at 1182. As evidence of consumer deception, Plaintiffs offer their own testimony, along with that of several plaintiffs in related cases. (Pls. Mem. in Oppn to ALS Mot. at 40-42.) However, this testimony is insufficient to create a credible inference of confusion. DeRosier v. 5931 Bus. Trust, 870 F. Supp. 941, 951 (D. Minn. 1994) (Doty J., adopting Report & Recommendation of Erickson, M.J.) (holding that the testimony of eight affiants was insufficient to create an inference of consumer confusion); accord Davis v. Walt Disney Co., 393 F. Supp. 2d 839, 846 (D. Minn. 2005) (Frank, J.) ([A] small group of [plaintiffs] friends, allies, and supporters [does not constitute] a valid survey group from which to determine whether actual confusion exists.).11 Accordingly, because Plaintiffs have put forth no evidence
Plaintiffs assert that there is evidence in the record that Defendants intended to deceive the public. (Pls.s Mem. in Oppn to ALS Mot. at 42-43.) However, Plaintiffs cite no authority, and
13
11
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Filed 05/13/10 Page 14 of 20
establishing the confusion of a significant portion of consumers, the advertisements with qualifying language are not misleading as a matter of law. Thus, because such advertisements are not literally false or misleading, they are not actionable. B. The reactivation claim
In addition to claiming that their carbon-embedded clothing eliminates odor, the challenged advertisements also state that the clothing can be reactivated using a standard clothes dryer. Like the elimination claim, the reactivation claim has been communicated to consumers in numerous ways. Plaintiffs assert that the reactivation claims made in Defendants advertising are literally false because the expert testimony has established that carbon-embedded clothing cannot be reactivated to be like new.12 1. Reactivate
Many of Defendants advertisements simply state that carbon-embedded clothing can be reactivated for future use without describing the extent of the reactivation. (Leach Decl. Exs. 16, 21, 55-56.) For example, one advertisement states [t]o reactivate you simply put Scent-Lok in your clothes dryer. (Id. Ex. 56.) Plaintiffs assert that advertisements like this communicate to consumers that carbon-embedded clothing can
the Court finds none, holding that such evidence is an acceptable substitute for evidence of actual consumer confusion. In addition, Plaintiffs cite to six consumer complaint forms submitted to Defendants for defective carbon-embedded clothing. (Grumbles Decl. Ex. 28.) Such a small number of complaints do not constitute evidence of consumer confusion.
12
Defendants assert that Plaintiffs arguments regarding the literal falsity of the reactivation claims are contrary to the allegations in their pleading (ALS Mem. in Oppn at 28), but they misconstrue Plaintiffs SAC. Plaintiffs specifically pleaded in their Second Amended Complaint that the like new and pristine terminology is literally false. (SAC 39.)
14
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Filed 05/13/10 Page 15 of 20
be reactivated to a like new condition. (Pls. Mem. in Supp. at 22.) The Court does not agree. The Court finds that the use of the term reactivate, or any derivative thereof, is not literally false because it is subject to more than one reasonable interpretation. The word reactivate does not unambiguously convey a complete or total restoration of the carbon-embedded clothing. Instead, the word reactivate could reasonably be interpreted to mean that the clothing can be restored to some extent for continued beneficial use. According to the American Heritage Dictionary, reactivate means [t]o restore the ability to function or the effectiveness of. The American Heritage Dictionary 1455 (4th ed. 2000). Similarly, the Compact Oxford English Dictionary provides that reactivate means [t]o make active or operative again. The Compact Oxford English Dictionary 258 (2d ed. 1989). Therefore, while a total restoration of the carbonembedded clothing is one reasonable interpretation of the term reactivate, it is not the only interpretation. Therefore, it cannot be literally false. Time Warner, 497 F.3d at 158. Moreover, for the reasons described above, such advertisements are not misleading as a matter of law because Plaintiffs have failed to put forth evidence indicating that a significant portion of consumers were deceived by the advertising. United Indus., 140 F.3d at 1182. Accordingly, such advertisements are not actionable. 2. Like new and pristine In addition to the advertisements simply stating that carbon-embedded clothing can be reactivated, Defendants published some advertisements which state that reactivation will make the clothing like new or pristine. (Leach Decl. Exs. 16, 22.)
15
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Filed 05/13/10 Page 16 of 20
Such advertisements are literally false, as all experts agree that carbon-embedded fabric, once used, cannot be fully reactivated to be like new. Defendants do not dispute that such advertisements are literally false,13 but state that Plaintiffs do not recall relying on specific advertisements utilizing the like new or pristine language, and therefore do not have standing to obtain an injunction. However, as described above, the Court finds that Plaintiffs do have standing to obtain an injunction against such literally false advertising. Accordingly, the injunction will be granted.14 III. Minnesota Uniform Deceptive Trade Practices Act (MDTPA) Claim In Minnesota, the sole statutory remedy for deceptive trade practices is injunctive relief. Simmons v. Modern Aero, Inc., 603 N.W.2d 336, 339 (Minn. Ct. App. 1999) (internal quotation marks and citation omitted). Moreover, [b]ecause the MDTPA provides injunctive relief for a person likely to be damaged, it provides relief from future damage, not past damage. Gardner v. First Am. Title Ins. Co., 296 F. Supp. 2d 1011, 1020 (D. Minn. 2003) (Kyle, J.) (quoting Lofquist v. Whitaker Buick-Jeep-Eagle, Inc., No. C5-01-767, 2001 WL 1530907, at *2 (Minn. Ct. App. Dec. 4, 2001)). Defendants
13
Surprisingly, no Defendant asserts that such advertising statements are no longer used.
14
Defendants assert that Plaintiffs are not entitled to injunctive relief because they have failed to meet the specificity requirements of Federal Rule of Civil Procedure 65(d). Rule 65(d) provides that the Courts order granting an injunction must state its terms specifically. Fed. R. Civ. P. 65(d)(1)(B). The Court finds that Plaintiffs request for an injunction is sufficiently specific such that the Court can ascertain the enjoinable advertisements and fashion appropriate injunctive language.
16
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Filed 05/13/10 Page 17 of 20
assert that Plaintiffs MDTPA claim must be dismissed because Plaintiffs are exposed to no risk of future harm. The Court agrees. In this case, there is no evidence indicating a risk of future harm to Plaintiffs. In fact, because Plaintiffs are aware of Defendants false advertising, they are unlikely to be deceived by such advertising in the future. Indep. Glass Assn, Inc. v. Safelite Group, Inc., Civ. No. 05-238, 2005 WL 3079084, at *2 (D. Minn. Nov. 16, 2005) (Montgomery, J.) (noting that because the plaintiff was now aware of the deceptive trade practices, he was likely to be vigilant in the future, rendering injunctive relief inappropriate). Accordingly, Plaintiffs MDTPA claim will be dismissed.15 IV. Standing to sue Gander Mountain and Cabelas Wholesale Gander Mountain and Cabelas Wholesale assert that some Plaintiffs do not have constitutional standing to assert a claim against them because such Plaintiffs did not purchase their clothing or rely on their advertising.16 (Gander Mem. in Supp. at 5; Cabelas Wholesale Mem. in Supp. at 5.) Plaintiffs do not contest that such Plaintiffs do not have standing to obtain relief in the form of damages from Gander Mountain or Cabelas Wholesale. Instead, Plaintiffs assert that all Plaintiffs have standing against all Defendants to obtain injunctive relief. However, for all practical purposes, only one
15
Defendants do not assert that Plaintiffs must demonstrate a risk of future harm to obtain an injunction under the Minnesota Consumer Fraud Act or the Minnesota Uniform Unlawful Trade Practices Act. Gander Mountain and Cabelas Wholesale also assert that they cannot be liable for clothing purchases not made in their stores, but at a garage sale hosted by another company, Robinson Outdoors. (Gander Mem. in Supp. at 9; Cabelas Wholesale Mem. in Supp. at 9.) Plaintiffs concede this point (Pls.s Mem. in Oppn to Gander Mot. at 6; Pls.s Mem. in Oppn to Cabelas Wholesale Mot. at 6), and therefore the Court need not address it.
17
16
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Filed 05/13/10 Page 18 of 20
named Plaintiff needs to have standing against Gander Mountain and Cabelas Wholesale for an injunction to be effectuated. Hence, the Court need not (and will not) parse through the record to determine whether each individual Plaintiff has standing against each individual Defendant to obtain injunctive relief. Plaintiff Rohrbach has reviewed numerous advertisements from Cabelas Wholesale and Gander Mountain, and has purchased carbon-embedded clothing from both Cabelas Wholesale and Gander Mountain. (Rohrbach Decl. 3-8.) Accordingly, Rohrbach has standing to obtain injunctive relief against Gander Mountain and Cabelas Wholesale, which is sufficient to make such relief appropriate. V. Standing to sue Cabelas, Inc. Cabelas, Inc. asserts that no Plaintiff has constitutional standing to assert a claim against it because it has not been involved with the marketing or sale of odor adsorbing clothing since December 1999, years before any Plaintiff made his purchases. (Cabelas, Inc. Mem. in Supp. at 1 (citing Kelsey Decl. 4).) However, Plaintiffs assert that Cabelas, Inc. is involved with the advertising of carbon-embedded clothing. Specifically, Plaintiffs highlight the deposition testimony of Everett A. Tarrell, a former Cabelas, Inc. employee, who testified that he had creative input and creative responsibility for the advertising of scent-control products. (Tarrell Dep. Tr. at 26.) Accordingly, there is a genuine issue of material fact as to whether Cabelas, Inc. was involved or continues to be involved with the advertisements challenged in this action, and therefore, Cabelas, Inc.s Motion for Summary Judgment will be denied.
18
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Filed 05/13/10 Page 19 of 20
CONCLUSION Based on the foregoing, and all the files, records and proceedings herein, IT IS ORDERED that: 1. ALSs Motion for Summary Judgment (Doc. No. 255), Cabelas, Inc.s Motion for Summary Judgment (Doc. No. 256), Cabelas Wholesales Motion for Summary Judgment (Doc. No. 257), and Gander Mountains Motion for Summary Judgment (Doc. No. 258) are GRANTED IN PART AND DENIED IN PART. With respect to Plaintiffs claim under the MDTPA, the Motions are GRANTED and the claim is DISMISSED WITH PREJUDICE. With respect to Defendants advertisements that claim that carbon-embedded clothing can eliminate odor, but further qualify this language with words indicating that the clothing can only reduce odor, the Motions are GRANTED. With respect to Defendants advertisements that claim that carbon-embedded clothing can be reactivated, without claiming that the reactivation will make the clothing like new or pristine, the Motions are GRANTED. In all other respects, the Motions are DENIED; 2. Plaintiffs Motion for Summary Judgment (Doc. No. 262) is GRANTED IN PART AND DENIED IN PART. With respect to Defendants advertisements and graphics that claim that carbon-embedded clothing can eliminate odor, without further qualifying that the clothing can only reduce odor, the Motion is GRANTED. With respect to
19
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Filed 05/13/10 Page 20 of 20
Defendants advertisements that claim that carbon-embedded clothing can be reactivated to be like new or pristine, the Motion is GRANTED. In all other respects the Motion is DENIED; and 3. On or before May 24, 2010, Plaintiffs shall serve and file a proposed Order of Injunction consistent with this Order. Objections thereto may be filed within ten (10) days of the receipt thereof.17
Dated: May 13, 2010
s/Richard H. Kyle RICHARD H. KYLE United States District Judge
17
Such objections shall be confined to the form of the proposed Order of Injunction and shall not address whether the injunction itself is appropriate.
20
Page: 66
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Mike Buetow, Gary Steven Richardson, Jr., Joe Rohrbach, Jeff Brosi, and Dennis Deeb, individually on behalf of themselves and all other Minnesota residents and entities similarly situated, Plaintiffs, Civ. No. 07-3970 (RHK/JJK) INJUNCTION v. A.L.S. Enterprises, Inc., Cabelas Inc., Cabelas Wholesale, Inc., and Gander Mountain Co., Defendants.
On May 13, 2010, the Court issued an Order granting in part and denying in part Plaintiffs Motion for Summary Judgment (Doc. No. 335). In that Order, the Court found several of Defendants advertisements to be literally false, holding permanent injunctive relief to be appropriate under the Minnesota Consumer Fraud Act and the Minnesota Unlawful Trade Practices Act. Pursuant to the Courts Order, Plaintiffs have filed and served a proposed Order Regarding Injunctive Relief and Defendants have submitted objections thereto. As discussed in more detail in the Courts Order, Defendants have published numerous advertisements promoting their carbon-embedded clothing. Almost all of these advertisements utilize the slogans odor-eliminating technology or odor-eliminating
Page: 67
clothing. Many utilize phrases such as eliminates all types of odor and odor elimination, or assert that the clothing can eliminate 100% of your scent or all human odor, thus making the wearer scent-free. Some advertisements utilize graphics indicating that odor cannot escape carbon-embedded fabric. Additionally, Defendants have published advertisements stating that their carbon-embedded clothing can be reactivated to like new or pristine condition. Plaintiffs and Defendants experts agree that carbon-embedded clothing cannot eliminate odor. The experts also agree that carbon-embedded clothing, once saturated with odor, cannot be reactivated to like new or pristine condition. Accordingly, Defendants advertising described above and set forth in detail in the Courts Order is literally false as a matter of law. Based on the foregoing, and all the files, records, and proceedings herein, it is ORDERED that: 1. Defendants A.L.S. Enterprises, Inc., Cabelas, Inc., Cabelas Wholesale, Inc., and Gander Mountain Co., or anyone that advertises on their behalf at any Defendants direction and within any Defendants control,1 are enjoined from publishing in Minnesota any advertisement that reasonably may be viewed by customers, including, but not limited to, print (including product packaging, accessories packaging (such as sprays, socks, or other accessories that include the slogans odor-eliminating technology or odor-eliminating clothing), catalogs, point-of-
To the extent that Defendants advertisements are now distributed to third parties and are therefore outside Defendants control, the underlying Injunction does not apply.
2
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sale (including banners and display cases) or sales training materials, logos, hangtags, graphics, clothing tags, and sewn-in labels), television, video, radio, or internet advertising that contains the following language: a. Any statement or claim, whether in words or pictures, that carbon-
embedded clothing is odor-eliminating technology, an odor-eliminating product, or that it can eliminate odor, or can make the wearer of the product or the air coming from the wearer scent free, odor free, or otherwise quantify any odor reduction as complete or removed in its entirety;2 or b. Any statement or claim, whether in words or pictures, that carbon-
embedded clothing can be reactivated or regenerated to like new or pristine condition or otherwise represent that all odor can be removed from the product. 2. Defendants shall remove depictions from websites (including but not limited to www.scentlok.com, www.scentlokscience.com, www.gandermountain.com, and www.cabelas.com), and physically from retail stores, all advertising, including clothing, hangtags, accessories (sprays, tote bags and washes), logo wear (hats, shirts, etc.), decals, license plates, posters, banners, display cases, and other similar items that contain the words or phrases prohibited in paragraphs 1(a) or 1(b) above.
Several of Defendants advertisements use the slogans odor-eliminating technology or odoreliminating clothing, but further qualify this language with words or phrases indicating that carbon-embedded clothing cannot eliminate odor. These advertisements were not found by the Court to be literally false. The Court notes that qualifying language must be clear and conspicuous in order to prevent advertisements containing prohibited language from running afoul of this Injunction.
3
2
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3.
Defendants shall fully comply with this Injunction on or before July 30, 2010, and file with the Court a sworn statement, titled Proof of Compliance, signed by an officer of each Defendant and its attorney, stating that all materials (written, electronic, video, sound) and products containing the false advertising have been removed from commerce. Such Proof of Compliance shall detail the steps taken by the Defendants to assure that their false advertising is no longer in commerce.
Dated: June 17, 2010
s/Richard H. Kyle RICHARD H. KYLE United States District Judge
Page: 70
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA In re: Activated Carbon-Based Hunting Clothing Marketing and Sales Practice Litigation THIS DOCUMENT RELATES TO: Buetow v. A.L.S. Enterprises, Inc., et al., Civ. No. 07-3970 (RHK/JJK) NOTICE OF APPEAL Notice is hereby given that Defendants A.L.S. Enterprises, Inc., Cabelas Incorporated, Cabelas Wholesale, Inc., and Gander Mountain Company (collectively Defendants) in the above named case, hereby appeal to the United States Court of Appeals for the Eighth Circuit from the Memorandum Opinion and Order entered in this action on the 13th day of May, 2010 (Dkt. 335) and the Injunction entered in this action on the 17th day of June, 2010 (Dkt. 346). Multidistrict Litigation No. 09-md-2059 (RHK/JJK)
MADI_2309806.1
Page: 71
Dated this 22nd day of June, 2010.
Respectfully submitted, /s/ Naikang Tsao Naikang Tsao (admitted pro hac vice) Michael D. Leffel (admitted pro hac vice) Theresa A. Andre (admitted pro hac vice) FOLEY & LARDNER LLP 150 East Gilman Street Madison, Wisconsin 53703 Telephone: (608) 258-4250 Facsimile: (608) 258-4258 [email protected] Attorneys for Defendants
John D. Sear (#222252) Michael R. Carey (#0388271) BOWMAN AND BROOKE LLP 150 South Fifth Street, Suite 3000 Minneapolis, Minnesota 55402 Telephone: (612) 339-8682 Facsimile: (612) 672-3200 [email protected]
2
MADI_2309806.1
Page: 72
Case 0:07-cv-03970-RHK-JJK Document 347-1

Appeal Docket No.
U.S. COURT OF APPEALS - EIGHTH CIRCUIT APPELLANTS FORM A Appeal Information Form To be filed with the Notice of Appeal
_____________
STYLE OF CASE:
COUNSEL: NAME, ADDRESS, AND TELEPHONE NUMBER
Appellant/Appellee, vs.
Appellant/Appellee
LIST ISSUES ON APPEAL(For administrative purposes). You may indicate that this also serves as your statement of issues under FRAP 10(b)(3). ________Yes. _______ No.
FOR LEAD COUNSEL ONLY I _____ have (_____ have not) discussed settlement possibilities on appeal with my client. This appeal _____ is (_____ is not ) amenable to settlement.
Submitted by: s/ ___________________________________________________ Signature of Lead Counsel Date INSTRUCTIONS: Filing of appellants Form A is required to be submitted to the Clerk of the District Court with the Notice of Appeal (8 Cir. Rule 3B). If inadvertenly omitted, appellant may file Form A directly with the Clerk of the Court of Appeals before appeal is docketed. Forms are available at the District Court Clerks Office and may be obtained electronically at: www.ca8.uscourts.gov Copy 1 - Send to Appellee (together with an uncompleted Form B) Copy 2 & 3 - Send to Clerk, District Court with Notice of Appeal or Eighth Circuit (see above) Copy 4 - Retain
Page: 73
Filed 06/23/10 UNITED STATES DISTRICT COURT District of Minnesota
Page 1 of 1
Richard D. Sletten, Clerk Wendy S. Osterberg, Chief Deputy Clerk Warren E. Burger Federal Building and U.S. Courthouse 316 North Robert Street Suite 100 St. Paul, MN 55101 (651) 848-1100 U.S. Courthouse 300 South Fourth Street Suite 202 Minneapolis, MN 55415 (612) 664-5000 Gerald W. Heaney Federal Building and U.S. Courthouse and Customhouse 515 West First Street Suite 417 Duluth, MN 55802 (218) 529-3500 U.S. Courthouse 118 South Mill Street Suite 212 Fergus Falls, MN 56537 (218) 739-5758
TRANSMITTAL OF APPEAL
Date: To: From: June 23, 2010 U.S. COURT OF APPEALS, 8TH CIRCUIT LP Holden, Deputy Clerk 07-3970 RHK/JJK Buetow et al v. A L S Enterprises Inc et al
In Re: District Court Case No.: Eighth Circuit Case No.: Case Title:
The statutory filing fee has: X been paid, receipt # 4048336. not been paid as of 6/23/10. been waived because: Application for IFP Granted Length of Trial: N/A
IFP
is
is not
pending.
USA filed appeal
Was a court reporter utilized? If yes, please identify the court reporter: Name: Carla Bebault Address: 316 N Robert St, Ste 100 St Paul, MN 55101 Phone: 651-848-1220
Yes
No
Forms A & B were not received; please see attached forms. Forms A & B were given to counsel at the counter. X Completed Form A enclosed in transmittal letter. Original file(s), consisting of Transcript(s): Volume Date file(s) and Proceeding expandable(s)
forms\civil\appeals\appeal transmittal.frm
Form Modified: 9/23/08
Page: 74
Case 0:07-cv-03970-RHK-JJK Document 347-1 354-1
Filed 06/22/10 Page 1 of 1 06/23/10

Appeal Docket No.
U.S. COURT OF APPEALS - EIGHTH CIRCUIT APPELLANTS FORM A Appeal Information Form To be filed with the Notice of Appeal
_____________
STYLE OF CASE:
Appellant/Appellee, vs.
Appellant/Appellee
LIST ISSUES ON APPEAL(For administrative purposes). You may indicate that this also serves as your statement of issues under FRAP 10(b)(3). ________Yes. _______ No.
FOR LEAD COUNSEL ONLY I _____ have (_____ have not) discussed settlement possibilities on appeal with my client. This appeal _____ is (_____ is not ) amenable to settlement.
Submitted by: s/ ___________________________________________________ Signature of Lead Counsel Date INSTRUCTIONS: Filing of appellants Form A is required to be submitted to the Clerk of the District Court with the Notice of Appeal (8 Cir. Rule 3B). If inadvertenly omitted, appellant may file Form A directly with the Clerk of the Court of Appeals before appeal is docketed. Forms are available at the District Court Clerks Office and may be obtained electronically at: www.ca8.uscourts.gov Copy 1 - Send to Appellee (together with an uncompleted Form B) Copy 2 & 3 - Send to Clerk, District Court with Notice of Appeal or Eighth Circuit (see above) Copy 4 - Retain
Page: 75
UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT ACCESS DISTRICT COURT DOCKET SHEET
Appeal No. Date:
10-2415 Mike Buetow, et al v. A.L.S. Enterprises, Inc., et al June 24, 2010
A link to the District Court's docket sheet is provided here for your convenience. You must have a PACER account to access the docket sheet. Click the link to the right to view docket sheet: VIEW DOCKET For Dist. No.: 07-3970
Page: 1
Date Filed: 06/24/2010 Entry ID: 3677982

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