Feed.Ing BV v. Principle Solutions LLC et al

Filing 96

ORDER signed by Judge Rudolph T. Randa on 2/10/2015 DENYING 83 Motion to Strike/Motion to Dismiss. Clerk of Court DIRECTED to file Amended Complaint [81-3] in the public record. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
FEED.ING BV,
Plaintiff,
v.

Case No. 14-C-1241

PRINCIPLE SOLUTIONS, LLC;
PRINCIPLE INVESTMENTS, INC.;
KEVIN M. ZIMMER; GCAM, LLC;
GCAM-R, LLC; KEVIN M. ZIMMER
AND AMY E. ZIMMER REVOCABLE
TRUST; and KEVIN ZIMMER AND
AMY ZIMMER IN THEIR
CAPACITY AS TRUSTEES OF THE
KEVIN M. ZIMMER AND AMY
E. ZIMMER REVOCABLE TRUST,
Defendants,
and
COMMERCE STATE BANK
Intervenor.

DECISION AND ORDER
This Decision and Order addresses Defendant Principle Solutions,
LLC’s (“Principle”) motion to strike allegations from the Amended
Complaint and to dismiss the Amended Complaint for failure to state a
claim (ECF No. 83) and a sealing issue as to the Amended Complaint in the
wake of the Court’s January 8, 2015, Decision and Order (ECF No. 86)

denying Principle’s prior motion to strike and dismiss the Complaint and
unsealing the Complaint.

The decision stated that the Court’s ruling

applied to any identical information contained in the Amended Complaint
but that the Amended Complaint would remain under seal until the
parties filed a statement indicating whether there was additional
information in that complaint that should be sealed because it was
produced under the protective order issued in Principle Solutions, LLC. v.
Feed.ing B.V. et al, Case No. 13-C-223 (E.D. Wis.) (the “223 protective order”).
On January 15, the parties filed a joint statement indicating that
the Amended Complaint does not contain any additional information that
Principle contends should be sealed.

(ECF No. 87).

Therefore, the

Amended Complaint must be unsealed and filed in the public record.
Furthermore, for the reasons stated in the January 8 Decision and Order,
Principle’s motion to strike and dismiss the Amended Complaint is denied.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
The Clerk of Court is DIRECTED TO FILE the Amended
Complaint (ECF No. 81-3) in the public record;
Principle’s motion to strike all allegations in the Amended
Complaint as being in violation of the 223 protective order and to dismiss
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the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure (ECF No. 83) is DENIED.
Dated at Milwaukee, Wisconsin, this 10th day of February, 2015.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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