Nebraska District Court
Judge:Robert F Rossiter, Jr
Referred: Jacqueline M Deluca
Case #: 8:21-cv-00340
Nature of Suit880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA)
Cause18:1836(b) Civil Action to Protect Trade Secrets
Case Filed:Sep 01, 2021
Terminated:Feb 21, 2025
Last checked: Monday Feb 28, 2022 3:47 AM CST
Defendant
Josh Gompert
Represented By
Heidi A. Guttau
Baird, Holm Law Firm
contact info
Zachary B. Busey
Baker, Donelson Law Firm - Memphis
contact info
Angie Davis
Baker, Donelson Law Firm - Memphis
contact info
Defendant
Aaron Petersen
Represented By
Heidi A. Guttau
Baird, Holm Law Firm
contact info
Zachary B. Busey
Baker, Donelson Law Firm - Memphis
contact info
Angie Davis
Baker, Donelson Law Firm - Memphis
contact info
Defendant
James Kunzman
Represented By
Heidi A. Guttau
Baird, Holm Law Firm
contact info
Zachary B. Busey
Baker, Donelson Law Firm - Memphis
contact info
Angie Davis
Baker, Donelson Law Firm - Memphis
contact info
Defendant
Chad Mueller
Represented By
Heidi A. Guttau
Baird, Holm Law Firm
contact info
Zachary B. Busey
Baker, Donelson Law Firm - Memphis
contact info
Angie Davis
Baker, Donelson Law Firm - Memphis
contact info
Plaintiff
Wilbur-Ellis Company LLC
Represented By
Grant D. Goerke
Littler, Mendelson Law Firm - Minneapolis
contact info
Jeremy D. Sosna
Littler, Mendelson Law Firm - Minneapolis
contact info

GPO Feb 04 2022
MEMORANDUM AND ORDER that plaintiff Wilbur-Ellis Company LLC's Motion for Oral Argument (Filing No. 23) is denied. The defendants' Motion to Dismiss (Filing No. 21) is denied in part as explained in this order. The parties shall have until April 4, 2022, to complete limited discovery to determine whether Mueller has sufficient contacts with Nebraska to subject him to personal jurisdiction in this Court. Mueller must then file a supplemental brief on or before April 25, 2022. Wilbur-Ellis must file any response on or before May 16, 2022. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)
GPO Mar 11 2022
ORDER that defendant Chad Mueller's motion to dismiss for lack of personal jurisdiction (Filing No. 21) is denied as moot. The jurisdictional discovery and briefing schedule set in the Court's February 4, 2022, Memorandum and Order (Filing No. 31) no longer applies. The defendants' request for an extension of time to answer (Filing No. 32) is granted. The defendants shall answer the amended complaint on or before April 1, 2022. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)
GPO May 05 2022
PROTECTIVE ORDER - Upon consideration of the parties' joint request for entry of a Protective Order, (Filing No. 40), the Court enters the following Protective Order governing the disclosure of confidential Discovery Material by a Producing Party to a Receiving Party in this Action. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
GPO Dec 16 2022
MEMORANDUM AND ORDER Plaintiff's Motion to Overrule Defendants' objections to the Proposed Third-Party Subpoena and corresponding Motion for Hearing (Filing Nos. 54 and 62), are denied.Defendants' Motion to Lift Restrictions is granted in part. Filing No. 68, Plaintiff's Identification of Trade Secrets, will remain a restricted access filing. A redacted version of that document is attached to this order as a public filing. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
GPO Jan 24 2023
MEMORANDUM AND ORDER that plaintiff Wilbur-Ellis Company LLC's objections (Filing No. 74) are overruled. The magistrate judge's Memorandum and Order (Filing No. 73) is affirmed. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)
GPO Feb 21 2023
ORDER - As to the discovery requests raised in Plaintiff Wilbur-Ellis Company LLCs motion to compel, (Filing No. 76), Plaintiff's motion to compel, request for oral argument, and request for fees is denied. Status Conference set for 5/3/2023 at 11:30 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Deposition Deadline is April 17, 2023.Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
GPO Mar 24 2023
MEMORANDUM AND ORDER that plaintiff Wilbur-Ellis Company LLC's objections (Filing No. 86) are overruled. The magistrate judge's Memorandum and Order (Filing No. 85) is affirmed. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)
GPO Jun 07 2023
MEMORANDUM AND ORDER denying the Defendants' 93 Motion for Protective Order. Plaintiff's request for attorneys' fees in relation to the present motion is denied. The parties shall promptly confer, identify agreeable deposition dates, and notify chambers of the dates of Defendants' depositions. The previously ordered stay on various case progression deadlines is lifted. (Filing Nos. 92 and 100). The parties shall confer and, on or before June 16, 2023, submit to chambers (zwart@ned.uscourts.gov) proposed deadlines for completing depositions and filing motions for summary judgment and/or to exclude testimony on Daubert and related grounds. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
GPO Sep 15 2023
MEMORANDUM AND ORDER - Defendant's Motion to Quash is granted in part as described herein. (Filing No. 106). Simplot shall produce a representative in accordance with the contested Rule 30(b)(6) Subpoena to Testify at a Deposition. Defendant's motion for protective order is denied. (Attachments: # (1) Attachment) Ordered by Magistrate Judge Cheryl R. Zwart.
GPO Dec 20 2023
MEMORANDUM AND ORDER granting the Plaintiff's 114 Motion for Protective Order as to the scope and duration of the 30(b)(6) deposition of Plaintiff's corporate representative is granted as described herein. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
GPO Feb 16 2024
MEMORANDUM AND ORDER that defendants Josh Gompert, Aaron Petersen, James Kunzman, and Chad Mueller's objections (Filing No. 121) to the magistrate judge's ruling limiting the duration of their depositions of plaintiff Wilbur-Ellis Company LLC's corporate representative are overruled. The magistrate judge's Memorandum and Order (Filing No. 120) is affirmed. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)
GPO May 03 2024
MEMORANDUM AND ORDER that defendants Josh Gompert, Aaron Petersen, James Kunzman, and Chad Mueller's "Consolidated Motion to Exclude/Limit Experts (Daubert)" (Filing No. 129) is granted in part and denied in part. The defendants' wholesale request to strike the reports of plaintiff Wilbur-Ellis Company LLC's retained experts and to completely exclude their testimony in this case is denied. Their narrower request for specific limits on that testimony is granted as set forth in this Memorandum and Order. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)
GPO Feb 21 2025
MEMORANDUM AND ORDER that the parties' Motion to Enter Stipulated Consent Judgment on Remaining Claims & Extend Any Deadline for Any Fee/Cost Petition (Filing No. 202) is granted in part and denied in part. a. The Court will enter a separate judgment in this case. b. The motion is denied in all other respects. The defendants' Motion in Limine (Filing No. 188), Renewed Motion to Exclude Experts (Daubert) (Filing No. 190), and Motion for Reconsideration or, in the Alternative, an Evidentiary Hearing under Federal Rule of Evidence 104(c) (Filing No. 192) are all denied as moot. The parties' Stipulated Motion for Entry of Final Judgment Pursuant to Federal Rule of Civil Procedure 54(b) and Certification for Appeal (Filing No. 197) is likewise denied as moot. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)

Docket last updated: 4 hours ago
Monday, March 24, 2025
210 210 appeal Scheduling Letter Mon 03/24 2:59 PM
SCHEDULING LETTER from USCA - 8th Circuit 25-1577 as to Notice of Appeal to USCA207 . (TCL)
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209 209 oth_evt Letter by Clerk/Transmittal Letter Mon 03/24 2:58 PM
Letter by Clerk USCA - 8th Circuit 25-1577 regarding Notice of Appeal to USCA207 . The appeal has been docketed and assigned case number 25-1577 (TCL)
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208 208 appeal Notification of Appeal and NOA Supplement Mon 03/24 9:50 AM
NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Order on Motion for Summary Judgment183 and Judgment204 . Notice of Appeal filed on 3/24/2025 NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERKS OFFICE. (ADB)
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207 207 appeal Notice of Appeal to USCA Mon 03/24 9:01 AM
NOTICE OF APPEAL regarding Order on Motion for Summary Judgment,,,,,,,,,,,183 by Attorney Kyle D. Kennedy on behalf of Plaintiff Wilbur-Ellis Company LLC. Filing fee $ 605, receipt number ANEDC-5282718. (Kennedy, Kyle)
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