Montana Merchandising Inc. et al v. Dave's Killer Bread, Inc. et al

Filing 138

ORDER: The Court hereby dismisses with prejudice the claims of Montana Merchandising, Inc., d/b/a Montana Milling, Inc. ("MMI"); Hinebauch Grain, Inc.; OCC-O'Connor Crops and Cattle, LLC; Clifford Merriman and Anna Merriman, d/b/a 4-M Farms; and Golden Organic Wheat Farms, Inc. (including, but not limited to any claim for attorney's fees and costs) against Defendants Dave's Killer Bread, Inc.; Flower Foods, Inc.; Flower Bakeries, LLC; and AVB, Inc. (collectively "DK B Defendants"); and Defendants Glenn Dahl, individually and as Trustee of Glenn Dahl Family Trust; David J. Dahl, individually and as Trustee of the David Dahl Family Trust; Shobi L. Dahl, individually and as Trustee of the Shobi Dahl Family Tru st; Goode Partners, LLC; Goode Seed Holdings, LLC; and Good Seed Co-Invest, LLC (collectively with DKB Defendants, "Defendants") and DKB Defendants' counterclaims (including but not limited to any claim for fees and costs) against MMI, in the above-captioned action pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Signed by Judge Brian Morris on 12/12/2017. (SLR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
MONTANA MERCHANDISING, INC.,
d/b/a MONTANA MILLING, INC.,
HINEBAUCH GRAIN, INC.,
OCC-O’CONNOR CROPS AND CATTLE,
LLC, CLIFFORD MERRIMAN AND
ANNA MERRIMAN, d/b/a 4-M FARMS,
and GOLDEN ORGANIC WHEAT FARMS,
INC.,

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Plaintiffs,
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v.
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DAVE’S KILLER BREAD, INC., GLENN )
DAHL, Individually and as Trustee of
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Glenn Dahl Family Trust, DAVID J. DAHL, )
Individually and as Trustee of the David
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Dahl Family Trust, SHOBI L. DAHL,
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Individually and as Trustee of the Shobi L. )
Dahl Family Trust, FLOWERS FOODS,
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INC., FLOWERS BAKERIES, LLC,
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GOODE PARTNERS, LLC, AVB, INC.
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GOODE SEED HOLDINGS, LLC, GOODE )
SEED CO-INVEST, LLC, AND JOHN DOE )
I, II, III AND IV, which Include any other)
entities or persons affiliated with Goode
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Partners, LLC, who were involved in the
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partnership with any of the other Defendants, )
or involved with the sale of Dave’s Killer
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Bread, Inc.
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Defendants.
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CV-17-26-GF-BMM

ORDER

The Court hereby dismisses with prejudice the claims of Montana
Merchandising, Inc., d/b/a Montana Milling, Inc. ("MMI"); Hinebauch Grain, Inc.;
OCC-O'Connor Crops and Cattle, LLC; Clifford Merriman and Anna Merriman,

d/b/a 4-M Farms; and Golden Organic Wheat Farms, Inc., (including but not
limited to any claim for attorney's fees and costs) against Defendants Dave's Killer
Bread, Inc.; Flowers Foods, Inc.; Flowers Bakeries, LLC; and AVB, Inc.
(collectively, "DKB Defendants"); and Defendants Glenn Dahl, individually and as
Trustee of Glenn Dahl Family Trust; David J. Dahl, individually and as Trustee of
the David Dahl Family Trust; Shobi L. Dahl, individually and as Trustee of the
Shobi Dahl Family Trust; Goode Partners, LLC; Goode Seed Holdings, LLC; and
Goode Seed Co-Invest, LLC. (collectively with DKB Defendants, "Defendants")
and DKB Defendants' counterclaims (including but not limited to any claim for
attorney's fees and costs) against MMI, in the above-captioned action pursuant to
Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure.
DATED this 12th day of December, 2017.