Naturella USA Ltd. v. BendTec, Inc.
| Minnesota District Court | |
| Judge: | John R Tunheim |
| Referred: | Leo I Brisbois |
| Case #: | 0:25-cv-00157 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Declaratory Judgment |
| Case Filed: | Jan 14, 2025 |
| Case in other court: | Illinois Northern, 1:24-cv-01832 |
| Last checked: Tuesday Jan 14, 2025 11:09 AM CST |
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Defendant
BendTec, Inc.
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Represented By
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Plaintiff
Naturella USA Ltd.
an Illinois corporation 1235 Amaranth Drive
Naperville, IL 60564 |
| Docket last updated: 1 hours ago |
| Friday, January 17, 2025 | ||
| 41 | 41
service
Certificate of Service
Fri 01/17 5:01 PM
CERTIFICATE OF SERVICE by BendTec, Inc. of Defendants Supplemental Answers To Plaintiffs First Set Of Requests For Production To Defendant, Defendants Supplemental Answers To Plaintiffs First Set Of Interrogatories To Defendant and documents Bates Nos. D-000226 through D-001307 (Torgerson, R) |
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| Tuesday, January 14, 2025 | ||
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notice
Notice re: Non-Admitted Attorney
Tue 01/14 9:21 AM
(Text-Only) Notice re: Non-Admitted Attorney We have received documents listing Carmen Anthony Gaspero, Lisa Marie Gaspero, Benjamin Eli Haskin as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with [LINK:Local Rule 83.5 (a), (b) and (c)] or temporarily admitted pro hac vice in accordance with [LINK:Local Rule 83.5 (d) or (e)] . For more admissions information and forms, please see the Attorney Forms Section of the courts website at [LINK:www.mnd.uscourts.gov/forms/all-forms] [LINK:. (CLK) Modified text on 1/14/2025 (CLK) |
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| 39 | 39
transfer
Case Transferred In - District Transfer
Tue 01/14 9:19 AM
Case transferred in from District of Illinois Northern; Case Number 1:24-cv-01832. Electronic file, copy of transfer order, and docket sheet received. Assigned to Judge John R. Tunheim per Civil (5th - Master) deck, referred to Magistrate Judge Leo I. Brisbois. Case number is 25-cv-157 JRT/LIB. Modified text on 1/14/2025 (CLK) |
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| Friday, January 10, 2025 | ||
| 38 | 38
TRANSFERRED to the District of Minnesota the Electronic record. (gcy, ) [Transferred from Illinois Northern on 1/14/2025.]
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| 37 | 37
12
pgs
MEMORANDUM Opinion and Order Signed by the Honorable Jeffrey I Cummings on 1/10/2025. Mailed notice(cc, ) [Transferred from Illinois Northern on 1/14/2025.]
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MINUTE entry before the Honorable Jeffrey I Cummings: For the reasons set forth in the accompanying Memorandum Opinion and Order, defendant's motion to dismiss15 is granted in part. In the interests of justice, the Court further grants Naturella's request to transfer pursuant to 28 U.S.C. §1631 and the Clerk is directed to transfer this matter forthwith to the United States District Court for the District of Minnesota. The previously set 12/23/24 tracking status hearing is stricken and this case is administratively closed in this Court. Mailed notice (cc, ) [Transferred from Illinois Northern on 1/14/2025.]
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| Tuesday, December 31, 2024 | ||
| 35 | 35
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BendTec, Inc. (Torgerson, Robert) [Transferred from Illinois Northern on 1/14/2025.]
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| Friday, December 27, 2024 | ||
| 34 | 34
ANNUAL REMINDER: Pursuant to[LINK:Local Rule 3.2 (Notification of Affiliates)] [LINK:, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this] [LINK:LINK] [LINK:will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) [Transferred from Illinois Northern on 1/14/2025.]
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| Friday, December 13, 2024 | ||
| 33 | 33
STATUS Report by Naturella USA Ltd. (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| Thursday, December 12, 2024 | ||
| 32 | 32
CERTIFICATE of Service by Defendant BendTec, Inc. Of Second Set of Discovery Requests (Torgerson, Robert) [Transferred from Illinois Northern on 1/14/2025.]
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| Wednesday, October 30, 2024 | ||
| 31 | 31
MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' joint status report on discovery30 , which indicates that the parties are proceeding with written discovery in advance of the 2/28/25 fact discovery deadline. By 12/13/24, the parties shall file a joint status report setting forth what additional discovery has been completed, what discovery remains, and whether any discovery disputes require the Court's attention. The 11/1/24 tracking status hearing is stricken and re-set to 12/23/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 1/14/2025.]
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| Monday, October 28, 2024 | ||
| 30 | 30
STATUS Report by Naturella USA Ltd. (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| Thursday, October 03, 2024 | ||
| 29 | 29
MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' joint status report on discovery28 , which indicates that the parties are proceeding with written discovery in advance of the 2/28/25 fact discovery deadline. The parties are reminded to fully exhaust all meet and confer efforts before raising any discovery disputes with the Court as required by Local Rule 37.2. By 10/28/24, the parties shall file a joint status report setting forth what discovery has been completed, what discovery remains, and whether any discovery disputes require the Court's attention. The 10/14/24 tracking status hearing is stricken and re-set to 11/1/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (ags) [Transferred from Illinois Northern on 1/14/2025.]
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| Tuesday, October 01, 2024 | ||
| 28 | 28
STATUS Report Joint Approved per minute order of August 1 by Naturella USA Ltd. (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| Friday, August 16, 2024 | ||
| 27 | 27
CERTIFICATE of Service by Defendant BendTec, Inc. Of Defendant's Answers to Plaintiff's Requests for Interrogatories, Requests for Admissions and Requests for Production (Torgerson, Robert) [Transferred from Illinois Northern on 1/14/2025.]
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| Thursday, August 15, 2024 | ||
| 26 | 26
CERTIFICATE of Service by Plaintiff Naturella USA Ltd. (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| Monday, August 05, 2024 | ||
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REPLY by BendTec, Inc. to response in opposition to motion,20 DEFENDANT'S REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS(Torgerson, Robert) [Transferred from Illinois Northern on 1/14/2025.]
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Att: 1
Affidavit Second Affidavit of Tom Conrad
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| Thursday, August 01, 2024 | ||
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MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' joint status report regarding discovery23 , which indicates that the parties are proceeding with written discovery in accordance with the schedule set by the Court. By 10/1/24, the parties shall file a joint status report setting forth what discovery has been completed, what discovery remains, and whether any discovery disputes require the Court's attention. The 8/9/24 tracking status hearing is stricken and re-set to 10/14/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 1/14/2025.]
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| Tuesday, July 30, 2024 | ||
| 23 | 23
STATUS Report Joint Status Report by BendTec, Inc. (Torgerson, Robert) [Transferred from Illinois Northern on 1/14/2025.]
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| Wednesday, July 17, 2024 | ||
| 22 | 22
CERTIFICATE of Service by Lisa Marie Gaspero on behalf of Naturella USA Ltd. (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| 21 | 21
CERTIFICATE of Service by Defendant BendTec, Inc. (Torgerson, Robert) [Transferred from Illinois Northern on 1/14/2025.]
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| Monday, July 15, 2024 | ||
| 20 | 20
RESPONSE by Naturella USA Ltd.in Opposition to MOTION by Defendant BendTec, Inc. to dismiss for lack of jurisdiction PERSONAL 15 (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Exhibit
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| Monday, July 01, 2024 | ||
| 19 | 19
CERTIFICATE of Service OF DEFENDANT'S RULE 26(a)(1) INITIAL DISCLOSURES by Robert Thomas Torgerson on behalf of BendTec, Inc. (Torgerson, Robert) [Transferred from Illinois Northern on 1/14/2025.]
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| Friday, June 28, 2024 | ||
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CERTIFICATE of Service by Lisa Marie Gaspero on behalf of All Plaintiffs (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| Tuesday, June 25, 2024 | ||
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MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's unopposed motion for extension of time16 is granted. Plaintiff shall respond to defendant's motion to dismiss by 7/15/24. Defendant shall reply by 8/5/24. Mailed notice (cc, ) [Transferred from Illinois Northern on 1/14/2025.]
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| Friday, June 21, 2024 | ||
| 16 | 16
MOTION by Plaintiff Naturella USA Ltd. for extension of time Unopposed (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| Thursday, June 13, 2024 | ||
| 15 | 15
MOTION by Defendant BendTec, Inc. to dismiss for lack of jurisdiction PERSONAL (Haskin, Benjamin) [Transferred from Illinois Northern on 1/14/2025.]
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Att: 1
Exhibit A
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| Thursday, May 30, 2024 | ||
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MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' joint proposed scheduling order11 and adopts the parties' proposed schedule in part as follows. Parties shall exchange Rule 26(a)(1) disclosures by 6/28/24 and shall issue initial written discovery requests by 7/17/24. All fact discovery shall be completed by 2/28/25; motions for leave to amend pleadings shall be filed, as appropriate, no later than 3/28/25; plaintiff's Rule 26(a)(2) expert disclosures are due by 3/28/25; the deposition of plaintiff's expert(s) shall be completed by 5/2/25; defendant's Rule 26(a)(2) expert disclosures are due by 5/30/25; and the deposition of defendant's expert(s) shall be completed by 7/11/25. Any party seeking to file a summary judgment motion shall initiate the Court's Summary Judgment Practice Procedure, which is available on the Court's website, no later than 8/1/25. Any motions to modify this schedule must be supported by good cause and the party seeking a modification is instructed to meet and confer to attempt to reach agreement prior to filing a motion for a modification. The parties are advised that if at any time they are mutually interested in participating in a settlement conference with the Court, they shall contact this Court's courtroom deputy for a referral to the assigned Magistrate Judge. By 7/30/24, the parties shall file a joint status report setting forth what discovery has been completed, what discovery remains, and whether any discovery disputes require the Court's attention. The 6/3/24 tracking status hearing is stricken and re-set to 8/9/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 1/14/2025.]
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| Wednesday, May 29, 2024 | ||
| 13 | 13
NOTICE by All Plaintiffs re complaint2 (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit
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| Thursday, May 23, 2024 | ||
| 12 | 12
MINUTE entry before the Honorable Jeffrey I Cummings: Attorney R. Thomas Torgerson's motion for leave to appear pro hac vice10 is granted. Mailed notice (cc, ) [Transferred from Illinois Northern on 1/14/2025.]
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| Wednesday, May 22, 2024 | ||
| 11 | 11
Joint Proposed Scheduling Order by Naturella USA Ltd. (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| Friday, May 17, 2024 | ||
| 10 | 10
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21980277. (Torgerson, Robert) [Transferred from Illinois Northern on 1/14/2025.]
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| Wednesday, May 08, 2024 | ||
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MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' initial joint status report8 and orders as follows. Defendant's unopposed request for extension of time to answer or otherwise plead is granted. Defendant shall answer or otherwise plead by 6/13/24. By agreement of the parties, they shall continue to meet and confer and shall file a joint proposed scheduling order by 5/22/24. The 5/17/24 tracking status hearing is stricken and re-set to 6/3/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 1/14/2025.]
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| Monday, May 06, 2024 | ||
| 8 | 8
STATUS Report by Naturella USA Ltd. (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| 7 | 7
ATTORNEY Appearance for Defendant BendTec, Inc. by Benjamin Eli Haskin (Haskin, Benjamin) [Transferred from Illinois Northern on 1/14/2025.]
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| Wednesday, April 03, 2024 | ||
| 6 | 6
WAIVER OF SERVICE returned executed by Naturella USA Ltd.. BendTec, Inc. waiver sent on 3/14/2024, answer due 5/13/2024. (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| Wednesday, March 13, 2024 | ||
| SUMMONS Issued as to Defendant BendTec, Inc. (jxm, ) [Transferred from Illinois Northern on 1/14/2025.] | ||
| Wednesday, March 06, 2024 | ||
| 5 | 5
MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. On or before 5/6/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website. Initial tracking status hearing set for 5/17/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice (cc, ) [Transferred from Illinois Northern on 1/14/2025.]
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| Tuesday, March 05, 2024 | ||
| 4 | 4
ATTORNEY Appearance for Plaintiff Naturella USA Ltd. by Carmen Anthony Gaspero (Gaspero, Carmen) [Transferred from Illinois Northern on 1/14/2025.]
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| 3 | 3
ATTORNEY Appearance for Plaintiff Naturella USA Ltd. by Lisa Marie Gaspero (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (vkm, ) [Transferred from Illinois Northern on 1/14/2025.] | ||
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached[LINK:Consent To] [LINK:form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (vkm, ) [Transferred from Illinois Northern on 1/14/2025.] | ||
| Monday, March 04, 2024 | ||
| 2 | 2
COMPLAINT filed by Naturella USA Ltd.; Filing fee $ 405, receipt number AILNDC-21706281.(Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit
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| 1 | 1
CIVIL Cover Sheet (Gaspero, Lisa) [Transferred from Illinois Northern on 1/14/2025.]
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