This case was last updated from PACER on 07/13/2020 at 08:28:41 (UTC).

Phibro Biodigester v. Murphy-Brown LLC

Case Summary

On 01/31/2020 Phibro Biodigester filed a Contract - Other Contract lawsuit against Murphy-Brown LLC. This case was filed in U.S. District Courts, Utah District. The Judges overseeing this case are Clark Waddoups, David Barlow and Cecilia M. Romero. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:20-CV-00061

  • Filing Date:

    01/31/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Referral Judge

Cecilia M. Romero

Presiding Judges

Clark Waddoups

David Barlow

 

Party Details

Plaintiff

Phibro Biodigester

Defendants

Murphy-Brown LLC

Murphy-Brown LLC doing business as Smithfield Foods

Attorney/Law Firm Details

Plaintiff Attorneys

Erik A. Christiansen

Attorney at PARSONS BEHLE & LATIMER

201 S Main St Ste 1800, Po Box 45898

Salt Lake City, UT 84145-0898

Alan S. Mouritsen

Attorney at PARSONS BEHLE & LATIMER

201 S Main St Ste 1800, Po Box 45898

Salt Lake City, UT 84145-0898

Defendant Attorneys

Mark D. Tolman

Attorney at JONES WALDO HOLBROOK & MCDONOUGH

170 S Main St Ste 1500

Salt Lake City, UT 84101

George W. Pratt

Attorney at JONES WALDO HOLBROOK & MCDONOUGH

170 S Main St Ste 1500

Salt Lake City, UT 84101

Whitney Hulet Krogue

Attorney at RAY QUINNEY & NEBEKER PC

36 S State St Ste 1400, Po Box 45385

Salt Lake City, UT 84145-0385

Samuel C. Straight

Attorney at RAY QUINNEY & NEBEKER PC

36 S State St Ste 1400, Po Box 45385

Salt Lake City, UT 84145-0385

James S. Jardine

Attorney at RAY QUINNEY & NEBEKER PC

36 S State St Ste 1400, Po Box 45385

Salt Lake City, UT 84145-0385

 

Court Documents

#33

(#33) ORDER granting #32 Stipulated Joint Motion Regarding Further Pleadings: Defendant's Motion to Dismiss or, Alternatively, to Stay Pending Ongoing ADR Process #21 is withdrawn, and Plaintiff is not required to respond to the Motion. Signed by Judge David Barlow on 3/27/20. (dla) (Entered: 03/27/2020)

32 #1

Text of Proposed Order

#32

(#32) Stipulated MOTION Regarding Further Pleadings filed by Defendant Murphy-Brown LLC. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Straight, Samuel) (Entered: 03/26/2020)

#21

(#33) ORDER granting #32 Stipulated Joint Motion Regarding Further Pleadings: Defendant's Motion to Dismiss or, Alternatively, to Stay Pending Ongoing ADR Process #21 is withdrawn, and Plaintiff is not required to respond to the Motion. Signed by Judge David Barlow on 3/27/20. (dla) (Entered: 03/27/2020)

6 #8

Exhibit D

6 #5

Exhibit 8 to Exhibit B

6 #4

Exhibit 6-7 to Exhibit B

6 #3

Exhibit 1-5 to Exhibit B

6 #2

Exhibit B-Declaration

2 #10

Exhibit 3

2 #9

Exhibit 2

2 #8

Exhibit 1 - Part 7

2 #7

Exhibit 1 - Part 6

2 #6

Exhibit 1 - Part 5

2 #5

Exhibit 1 - Part 4

2 #4

Exhibit 1 - Part 3

2 #3

Exhibit 1 - Part 2

#1

(#1) Case has been indexed and assigned to Judge Clark Waddoups. Defendant Murphy-Brown LLC is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (tlh) (Entered: 01/31/2020)

100 More Documents Available

 

Docket Entries

  • 03/27/2020
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  • Docket(#33) ORDER granting #32 Stipulated Joint Motion Regarding Further Pleadings: Defendant's Motion to Dismiss or, Alternatively, to Stay Pending Ongoing ADR Process #21 is withdrawn, and Plaintiff is not required to respond to the Motion. Signed by Judge David Barlow on 3/27/20. (dla) (Entered: 03/27/2020)

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  • 03/26/2020
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  • Docket(#32) Stipulated MOTION Regarding Further Pleadings filed by Defendant Murphy-Brown LLC. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Straight, Samuel) (Entered: 03/26/2020)

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  • 03/24/2020
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  • Docket(#31) ORDER denying #6 Motion for TRO and Motion for Preliminary Injunction. Signed by Judge David Barlow on 3/23/20. (jwt) (Entered: 03/24/2020)

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  • 03/23/2020
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  • Docket(#30) Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 3/23/2020 re #6 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Phibro Biodigester. Counsel for the parties appeared telephonically. Oral argument heard. For the reasons stated on the record, the court DENIED the motion for TRO/PI. A written order will follow. Attorney for Plaintiff: Erik A. Christiansen, Alan S. Mouritsen, Attorney for Defendant: Samuel C. Straight, James S. Jardine. Court Reporter: Laura Robinson.(tcs) (Entered: 03/23/2020)

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  • 03/19/2020
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  • Docket(#29) NOTICE OF HEARING ON MOTION re: #6 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support: Motion Hearing reset for 3/23/2020 at 01:00 PM in Rm 8.100 before Judge David Barlow. This hearing will be held telephonically only. Counsel should use the same instructions previously e-mailed to them to participate in the teleconference. (tcs) (Entered: 03/19/2020)

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  • 03/18/2020
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  • Docket(#28) NOTICE VACATING Motion Hearing HEARING re: #6 MOTION for Temporary Restraining Order and Memorandum in Support; MOTION for Preliminary Injunction and Memorandum in Support:Motion Hearing set for 3/18/2020 at 10:00 AM before Judge David Barlow (Notice generated by DBB Chambers) The court will reschedule the telephonic hearing. (akj) (Entered: 03/18/2020)

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  • 03/17/2020
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  • Docket(#27) SECOND AMENDED NOTICE OF HEARING ON MOTION re: #6 MOTION for Temporary Restraining Order and Memorandum in Support; MOTION for Preliminary Injunction and Memorandum in Support: Motion Hearing set for 3/18/2020 at 10:00 AM in Rm 8.100 before Judge David Barlow. ***Pursuant to General Order 20-009, this hearing will be conducted telephonically only. Instructions have been e-mailed to counsel.*** (tcs) (Entered: 03/17/2020)

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  • 03/16/2020
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  • Docket(#26) AMENDED NOTICE OF HEARING ON MOTION re: #6 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support: Motion Hearing set for 3/18/2020 at 10:00 AM in Rm 8.100 before Judge David Barlow. ***Counsel may, but are not required, to appear telephonically. The court will e-mail instructions to counsel for those who choose to appear telephonically.*** (tcs) (Entered: 03/16/2020)

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  • 03/11/2020
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  • Docket(#25) NOTICE OF HEARING ON MOTION re: #6 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support: Motion Hearing set for 3/18/2020 at 10:00 AM in Rm 8.100 before Judge David Barlow. (tcs) (Entered: 03/11/2020)

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  • 03/09/2020
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  • Docket(#24) ORDER granting #22 Ex Parte (Not Sealed)MOTION for Leave to File Overlength Reply Memorandum in Support of #6 Motion for Temporary Restraining Order and Preliminary Injunction. IT IS HEREBY ORDERED that Plaintiff may file its Reply Memorandum consisting of 13 pages of introduction, argument, and conclusion. Signed by Magistrate Judge Cecilia M. Romero on 3/9/20. (jwt) (Entered: 03/09/2020)

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13 More Docket Entries
  • 02/10/2020
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  • Docket(#10) NOTICE of Appearance by Samuel C. Straight on behalf of Murphy-Brown LLC (Straight, Samuel) (Entered: 02/10/2020)

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  • 02/10/2020
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  • Docket(#9) NOTICE of Appearance by James S. Jardine on behalf of Murphy-Brown LLC (Jardine, James) (Entered: 02/10/2020)

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  • 02/04/2020
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  • Docket(#8) DOCKET TEXT ORDER: The Court ORDERS Defendant to respond to the #6 MOTION for Temporary Restraining Order and Preliminary Injunction by close of business on February 18, 2020. Plaintiff's reply is due on March 3, 2020. The Court will review the briefing and notify the parties if it finds a hearing is warranted. No attached document. Signed by Judge David B. Barlow on 2/4/2020. (ang) (Entered: 02/04/2020)

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  • 02/04/2020
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  • Docket(#7) DOCKET TEXT ORDER: The Court ORDERS Plaintiff to respond to the jurisdictional allegations in the #2 Notice of Removal, including a statement of the citizenship of the members of Phibro Biodigester, LLC, by close of business on February 11, 2020. No attached document. Signed by Judge David B. Barlow on 2/4/2020. (ang) (Entered: 02/04/2020)

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  • 02/04/2020
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  • Docket(#6) MOTION for Temporary Restraining Order and Memorandum in Support, MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Phibro Biodigester. (Attachments: #1 Exhibit A, #2 Exhibit B-Declaration, #3 Exhibit 1-5 to Exhibit B, #4 Exhibit 6-7 to Exhibit B, #5 Exhibit 8 to Exhibit B, #6 Exhibit 9-20 to Exhibit B, #7 Exhibit C, #8 Exhibit D)(jmr) (Entered: 02/04/2020)

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  • 02/04/2020
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  • Docket(#5) File Received from Third District Court-Salt Lake. (Attachments: #1 Complaint, #2 Exhibit A, #3 Exhibit B1, #4 Exhibit B2, #5 Exhibit s C-F, #6 Exhibit s G-K, #7 NEF, #8 Proposed Order, #9 Ex Parte Motion, #10 NEF, #11 Motion for TRO, #12 Exhibit A, #13 Exhibit C, #14 Exhibit D, #15 NEF, #16 Exhibit s 1-5, #17 Exhibit s 6-7, #18 Exhibit 8, #19 Exhibit B-Declaration of Simon Greenshields, #20 Exhibit 9-20, #21 NEF, #22 Request to Submit, #23 Notice of Removal, #24 Return of Svc Summons Complaint, #25 Summons on Return, #26 NEF, #27 Noitce of TRO, #28 Certificate of Service, #29 NEF, #30 Return of Service of Notice of TRO, #31 NEF, #32 NEF, #33 Order, #34 NEF, #35 Notice of Removal, #36 NEF) (jmr) (Entered: 02/04/2020)

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  • 02/04/2020
  • Docket(#4) ORDER OF RECUSAL - Judge Clark Waddoups recused. Case reassigned to Judge David B. Barlow for all further proceedings. Signed by Judge Clark Waddoups on 2/4/2020. (jwt) (Entered: 02/04/2020)

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  • 01/31/2020
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  • Docket(#3) NOTICE OF ADR, e-mailed or mailed to Defendant Murphy-Brown LLC, and Plaintiff Phibro Biodigester. (tlh) (Entered: 01/31/2020)

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  • 01/31/2020
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  • Docket(#2) NOTICE OF REMOVAL from 3rd District Salt Lake, case number 200900648, (Filing fee $ 400, receipt number 1088-3475971) filed by Murphy-Brown LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1 - Part 1, #3 Exhibit 1 - Part 2, #4 Exhibit 1 - Part 3, #5 Exhibit 1 - Part 4, #6 Exhibit 1 - Part 5, #7 Exhibit 1 - Part 6, #8 Exhibit 1 - Part 7, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8) Assigned to Judge Clark Waddoups (Pratt, George) (Entered: 01/31/2020)

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  • 01/31/2020
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  • Docket(#1) Case has been indexed and assigned to Judge Clark Waddoups. Defendant Murphy-Brown LLC is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (tlh) (Entered: 01/31/2020)

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