Case: Appel v. Kyle Mills Trucking & Custom Harvesting, LLC

COMPLAINT, Jury Demand, Filing fee $ 402, receipt number AMSNDC-1924906, filed by Dennis Appel, Christopher Boshoff. (Attachments: # 1 Exhibit A Clearance Order, # 2 Exhibit B Summary of Terms of Employment) (tab) (Additional attachment(s) added on 3/25/2021: # 3 Civil Cover Sheet) (tab).

1 Exhibit A Clearance Order

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2 Exhibit B Summary of Terms of Employment

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3 Civil Cover Sheet

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Summons Issued as to Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. E-mailed to attorney for service. (tab)

Notice of Assignment

NOTICE OF ASSIGNMENT. Case assigned to Judge Debra M Brown and Magistrate Judge Jane M Virden. (tab)

NOTICE of Mandatory ECF Registration: Amelia S. McGowan (tab)

NOTICE of Mandatory ECF Registration: Joseph Reilly Morse (tab)

SUMMONS Returned Executed by Robert B. McDuff on behalf of Dennis Appel, Christopher Boshoff All Defendants served 3/26/2021 (McDuff, Robert) Modified on 3/26/2021 (tab).

MOTION to Appear Pro Hac Vice ; Attorney Amal Bouhabib,(Paid $150 PHV fee; receipt number AMSNDC-1925663) by Dennis Appel, Christopher Boshoff. (McDuff, Robert) (Main Document 6 replaced on 3/29/2021 with flattened .pdf) (jwr).

MOTION to Appear Pro Hac Vice ; Attorney David Huang,(Paid $150 PHV fee; receipt number AMSNDC-1925667) by Dennis Appel, Christopher Boshoff. (McDuff, Robert) (Main Document 7 replaced with flattened pdf on 3/29/2021) (jwr).

ORDER granting 6 Motion to Appear Pro Hac Vice; Attorney Melia Amal Bouhabib. Signed by Magistrate Judge Jane M. Virden on 3/31/2021. (ck)

ORDER granting 7 Motion to Appear Pro Hac Vice; Attorney David Huang. Signed by Magistrate Judge Jane M. Virden on 3/31/2021. (ck)

NOTICE of Attorney Appearance by David Huang on behalf of All Plaintiffs (Huang, David) (Main Document 10 replaced with flattened pdf version of same on 4/7/2021) (jla).

NOTICE of Attorney Appearance by Melia Amal Bouhabib on behalf of All Plaintiffs (Bouhabib, Melia)

CLERK'S NOTICE of Past Due Answer as to Kyle Mills Trucking & Custom Harvesting, LLC, and Kyle Mills. (jla)

NOTICE of Attorney Appearance by Jamie Ferguson Lee on behalf of All Defendants (Lee, Jamie)

NOTICE of Attorney Appearance by Bethany A. Tarpley on behalf of All Defendants (Tarpley, Bethany)

AFFIRMATIVE DEFENSES AND ANSWER to 1 Complaint, by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Lee, Jamie)

INITIAL ORDER - RULE 16.1: Telephonic Case Management Conference set for 6/28/2021 at 10:00 AM before Magistrate Judge Jane M. Virden. Signed by Magistrate Judge Jane M. Virden on 5/26/2021. (irw)

AMENDED ANSWER to 1 Complaint,, COUNTERCLAIM against Dennis Appel by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Lee, Jamie)

ANSWER to 17 Amended Answer to Complaint, Counterclaim by Dennis Appel. (Bouhabib, Melia)

NOTICE OF SERVICE of DEFENDANTS' INITIAL CORE DISCLOSURES by Jamie Ferguson Lee on behalf of Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills, Kyle Mills to PLAINTIFFS. (Lee, Jamie)

NOTICE OF SERVICE of PLAINTIFFS' INITIAL DISCLOSURES by David Huang on behalf of Dennis Appel, Christopher Boshoff to DEFENDANTS. (Huang, David)

Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Case Management Conference held on 6/28/2021. (irw) (Main Document 21 replaced on 6/28/2021) (irw).

NOTICE of Conference: Settlement Conference set for 8/3/2021 at 10:00 AM in Judge Virden's Chambers before Magistrate Judge Jane M. Virden. (irw)

CASE MANAGEMENT ORDER: Final Pretrial Conference set for 6/22/2022 at 10:00 AM in Judge Virden's Chambers before Magistrate Judge Jane M. Virden. Discovery due by 12/28/2021. Amendments/Joinder of Parties due by 8/11/2021. Plaintiffs Designation of Experts due by 9/28/2021. Defendants Designation of Experts due by 10/28/2021. Daubert Motions due by 1/28/2022. Dispositive Motions due by 3/1/2022. Signed by Magistrate Judge Jane M. Virden on 6/28/2021. (Attachment: # 1 CMO's ESI Attachment) (irw)

NOTICE of Trial: MVD Jury Trial set for 7/25/2022 09:45 AM in Greenville Courtroom 1 before District Judge Debra M. Brown. (bds)

NOTICE of Conference: Final Pretrial Conference set for 6/22/2022 at 10:00 AM in Judge Virden's Chambers before Magistrate Judge Jane M. Virden. Jointly proposed Pretrial Order due no later than seven (7) days prior to the conference. (irw)

ORDER Governing Pretrial Conference and Preparation of Final Pretrial Order. Signed by Magistrate Judge Jane M. Virden on 6/29/2021. (irw)

Notice of Conference

NOTICE of Conference: 22 Settlement Conference RESET for 8/3/2021 at 10:00 AM via Zoom before Magistrate Judge Jane M. Virden. Zoom connection instruction will be emailed to counsel of record. (irw)

NOTICE OF SERVICE of PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS by David Huang on behalf of Dennis Appel, Christopher Boshoff to DEFENDANTS. (Huang, David)

Notice Cancelling Conference/Hearing/Trial

NOTICE cancelling 22 Settlement Conference set via Zoom on 8/3/2021. (irw)

NOTICE of Conference: Settlement Conference set for 10/12/2021 at 10:00 AM via ZOOM before Magistrate Judge Jane M. Virden. Zoom connection instructions will be emailed to counsel of record. (irw)

NOTICE OF SERVICE of DEFENDANTS' FIRST SUPPLEMENT TO INITIAL CORE DISCLOSURES by Jamie Ferguson Lee on behalf of Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills, Kyle Mills to PLAINTIFFS. (Lee, Jamie)

MOTION for Extension of Time to Respond to Discovery by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Lee, Jamie)

ORDER granting 30 Motion for Extension of Time. Signed by Magistrate Judge Jane M. Virden on 8/30/2021. (jwr)

MOTION to Extend CMO Deadlines to designate experts by Dennis Appel, Christopher Boshoff. (Attachments: # 1 Exhibit Proposed Order) (Huang, David)

MEMORANDUM IN SUPPORT re 32 MOTION to Extend CMO Deadlines to designate experts . (Huang, David)

NOTICE of Conference: Telephonic Conference set for 9/27/2021 at 02:00 PM before Magistrate Judge Jane M. Virden. Call-in information is provided on the notice. (irw)

Notice of Correction

CLERK'S NOTICE OF CORRECTION Section 5(B) of Administrative Procedures for ECF states proposed orders are not to be filed as an attachment to a pleading; attorney to email proposed orders to chambers re 32 MOTION to Extend CMO Deadlines to designate experts (tab)

Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Telephonic Conference held on 9/27/2021. (irw)

ORDER granting 32 Motion to Extend CMO Plaintiffs Designation of Experts due by 11/1/2021. Defendants Designation of Experts due by 12/1/2021.. Signed by Magistrate Judge Jane M. Virden on 9/28/21. (jla)

Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Settlement Conference held on 10/12/2021. (irw)

MOTION for Settlement to Enforce Settlement Agreement by Dennis Appel, Christopher Boshoff. (Attachments: # 1 Exhibit A (Appel v. Mills Settlement Agreement), # 2 Exhibit B (Oct. 12, 2021 Email from R. McDuff to Judge Virden re Settlement), # 3 Exhibit C (Aug. 2, 2021 Email from J. Lee to Court re Settlement Conference), # 4 Exhibit D (Oct. 11, 2021 Email from J. Lee to Pls. Counsel re deposition dates), # 5 Exhibit E (Emails Between Parties' Counsel dated Oct. 18, 2021 to Jan. 3, 2022 re settlement), # 6 Exhibit F (Jan. 3 2022 Email from J. Lee to Court)) (Bouhabib, Melia)

1 Exhibit A (Appel v. Mills Settlement Agreement)

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2 Exhibit B (Oct. 12, 2021 Email from R. McDuff to Judge Virden re Settlement)

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3 Exhibit C (Aug. 2, 2021 Email from J. Lee to Court re Settlement Conference)

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4 Exhibit D (Oct. 11, 2021 Email from J. Lee to Pls. Counsel re deposition dates)

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5 Exhibit E (Emails Between Parties' Counsel dated Oct. 18, 2021 to Jan. 3, 2

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6 Exhibit F (Jan. 3 2022 Email from J. Lee to Court)

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MEMORANDUM IN SUPPORT re 38 MOTION for Settlement to Enforce Settlement Agreement filed by Dennis Appel, Christopher Boshoff. (Bouhabib, Melia)

Consent MOTION to Expedite Briefing Schedule Regarding Plaintiffs Motion to Enforce Settlement Agreement (proposed order submitted) by Dennis Appel, Christopher Boshoff. (Bouhabib, Melia)

ORDER granting 40 Motion to Expedite Briefing Schedule. Signed by Magistrate Judge Jane M. Virden on 1/10/2022. (jwr)

MOTION to Withdraw as Attorney for Plaintiffs/cd by Dennis Appel, Christopher Boshoff. (Morse, Joseph)

MOTION to Withdraw as Attorney by Dennis Appel, Christopher Boshoff. (Huang, David)

RESPONSE to Motion re 38 MOTION for Settlement to Enforce Settlement Agreement filed by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Attachments: # 1 Exhibit "A" - Express Grain Docket Sheet, # 2 Exhibit "B" - Assertion of Interest, # 3 Exhibit "C" - Complaint filed against UMB) (Lee, Jamie)

MOTION for Extension of Time to File Response/Reply to Present Proposal as to 38 MOTION for Settlement to Enforce Settlement Agreement by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Attachments: # 1 Exhibit "A" - Express Grain Docket Sheet, # 2 Exhibit "B" - Assertion of Interest, # 3 Exhibit "C" - Complaint filed against UMB) (Lee, Jamie) Modified on 1/13/2022 (cb).

Notice of Correction

CLERK'S NOTICE OF CORRECTION re 45 MOTION for Extension of Time to Present Proposal as to Motion to Enforce Settlement Agreement. All related filings to motion should be linked back to the original motion. Court staff has made the correction. (cb)

REPLY to Response to Motion re 38 MOTION for Settlement to Enforce Settlement Agreement filed by Dennis Appel, Christopher Boshoff. (Bouhabib, Melia)

RESPONSE in Opposition re 45 MOTION for Extension of Time to File Response/Reply filed by Dennis Appel, Christopher Boshoff. (Bouhabib, Melia)

ORDER granting 42 Motion to Withdraw as Attorney. Attorney Joseph Reilly Morse terminated. Signed by Magistrate Judge Jane M. Virden on 1/27/22. (jla)

ORDER granting 43 Motion to Withdraw as Attorney. Attorney David Huang terminated. Signed by Magistrate Judge Jane M. Virden on 1/28/22. (jla)

MOTION to Withdraw as Attorney by Dennis Appel, Christopher Boshoff. (McGowan, Amelia)

TEXT ONLY ORDER denying 50 Motion to Withdraw as Attorney for failure to comply with L. U. Civ. R. 83.1. No further order will issue from the court. (No document attached). Signed by Magistrate Judge Jane M. Virden on 5/13/2022. (ck)

Amended MOTION to Withdraw as Attorney by Dennis Appel, Christopher Boshoff. (Attachments: # 1 Exhibit Exh. A - Boshoff, Christopher - consent form, # 2 Exhibit Exh. B - Appel, Dennis - consent form) (McGowan, Amelia)

ORDER granting 52 Motion to Withdraw as Attorney. Attorney Amelia S. McGowan terminated. Signed by Magistrate Judge Jane M. Virden on 5/17/22. (jla)

Notice Cancelling Conference/Hearing/Trial

NOTICE cancelling Final Pretrial Conference re 25 Notice of Conference. (irw)

ORDER granting 38 Motion for Settlement; finding as moot 45 Motion for Extension of Time to File Response/Reply. Signed by District Judge Debra M. Brown on 7/6/2022. (jwr)

NOTICE Cancelling MVD/Jury Trial set for 7/25/2022. (rc)

MOTION for Attorney Fees Regarding Motion to Enforce Settlement and Related Matters by Dennis Appel, Christopher Boshoff. (Attachments: # 1 Exhibit 1 Bouhabib Declaration and Chart re Attorney's Fees, # 2 Exhibit 2. McDuff Declaration and Chart re Attorney's Fees) (McDuff, Robert)

MEMORANDUM IN SUPPORT re 56 MOTION for Attorney Fees Regarding Motion to Enforce Settlement and Related Matters . (McDuff, Robert)

ORDER denying 56 Motion for Attorney Fees. Signed by District Judge Debra M. Brown on 7/22/22. (jla)

MOTION for Entry of Judgment by Dennis Appel, Christopher Boshoff. (McDuff, Robert)

MEMORANDUM IN SUPPORT re 59 MOTION for Entry of Judgment . (McDuff, Robert)

MOTION for Order to Show Cause WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT by Dennis Appel, Christopher Boshoff. (Attachments: # 1 Exhibit A: Chronological compilation of Defendants Financial Dealings from July 2021 to the present) (McDuff, Robert)

MEMORANDUM IN SUPPORT re 61 MOTION for Order to Show Cause WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT . (McDuff, Robert)

RESPONSE to Motion re 59 MOTION for Entry of Judgment filed by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Attachments: # 1 Exhibit "A" - Express Grain Docket Sheet, # 2 Exhibit "B" - Assertion of Interest) (Lee, Jamie)

REPLY to Response to Motion re 59 MOTION for Entry of Judgment filed by Dennis Appel, Christopher Boshoff. (McDuff, Robert)

RESPONSE to Motion re 61 MOTION for Order to Show Cause WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT filed by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Attachments: # 1 Exhibit "A" - Affidavit of Anna Mills, # 2 Exhibit "B" - Nutrien bill, # 3 Exhibit "C" - Scott Petroleum bill, # 4 Exhibit "D" - Simplot bill, # 5 Exhibit "E" - Good Faith Check, # 6 Exhibit "F" - Bank Statements) (Lee, Jamie)

MOTION for Settlement to Establish Settlement Payment Schedule by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Attachments: # 1 Exhibit "1" - Express Grain Docket Sheet, # 2 Exhibit "2" - Assertion of Interest, # 3 Exhibit "3" - UMB Amended Complaint, # 4 Exhibit "A" - Affidavit of Anna Mills, # 5 Exhibit "B" - Nurtrien Ag Solutions bill, # 6 Exhibit "C" - Scott Petroleum Corporation bill, # 7 Exhibit "D" Simplot Grower Solutions bill, # 8 Exhibit "E" - Good Faith Check, # 9 Exhibit "F" - Bank Statements) (Lee, Jamie)

1 Exhibit "1" - Express Grain Docket Sheet

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2 Exhibit "2" - Assertion of Interest

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3 Exhibit "3" - UMB Amended Complaint

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4 Exhibit "A" - Affidavit of Anna Mills

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5 Exhibit "B" - Nurtrien Ag Solutions bill

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6 Exhibit "C" - Scott Petroleum Corporation bill

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7 Exhibit "D" Simplot Grower Solutions bill

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8 Exhibit "E" - Good Faith Check

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9 Exhibit "F" - Bank Statements

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MEMORANDUM IN SUPPORT re 66 MOTION for Settlement to Establish Settlement Payment Schedule filed by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Lee, Jamie)

REPLY to Response to Motion re 61 MOTION for Order to Show Cause WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT filed by Dennis Appel, Christopher Boshoff. (McDuff, Robert)

RESPONSE in Opposition re 66 MOTION for Settlement to Establish Settlement Payment Schedule filed by Dennis Appel, Christopher Boshoff. (Attachments: # 1 Exhibit 1_Communications between Counsel 2/22-5/20, # 2 Exhibit 2_Communications between counsel 5/25-6/16) (McDuff, Robert)

REPLY to Response to Motion re 66 MOTION for Settlement to Establish Settlement Payment Schedule filed by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Attachments: # 1 Exhibit "A" - Affidavit of Kyle Mills, # 2 Exhibit "B" - emails, # 3 Exhibit "C" - check, # 4 Exhibit "D" - signed agreement) (Lee, Jamie)

ORDER granting 59 Motion for Entry of Judgment ; deferring ruling on 61 Motion for Order to Show Cause; deferring ruling on 66 Motion for Settlement. Signed by District Judge Debra M. Brown on 10/6/22. (jla)

JUDGMENT entered against Kyle Mills Trucking & Custom Harvesting, LLC, and Kyle Mills in the amount of $34,000. CASE CLOSED. Signed by District Judge Debra M. Brown on 10/6/22. (jla)

NOTICE of Hearing on Motion 61 MOTION for Order to Show Cause WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT : Motion Hearing set for 11/3/2022 01:00 PM in Greenville Courtroom 1 before District Judge Debra M. Brown. (llb)

Joint MOTION to Hold in Abeyance Contempt Hearing by Kyle Mills Trucking & Custom Harvesting, LLC, Kyle Mills. (Lee, Jamie)

ORDER granting 74 Motion to Hold 74 Joint MOTION to Hold in Abeyance Contempt Hearing in Abeyance. Signed by District Judge Debra M. Brown on 11/3/2022. (llb)

NOTICE Cancelling Motion Hearing (llb)

ORDER denying as moot 61 Motion for Order to Show Cause; denying as moot 66 Motion for Settlement. Signed by District Judge Debra M. Brown on 1/5/23. (jla)