Sid Tilstra et al v. Bou-Matic, LLC

Filing 149

Transmission of Notice of Appeal, Appeal Information Sheet, Docketing Statement, Judgment, Order on Post Judgment Motions and Docket Sheet to the Seventh Circuit Court of Appeals re: 147 Notice of Appeal by Defendant Bou-Matic, LLC. (Attachments: # 1 Appeal Information Sheet, # 2 Docketing Statement, # 3 Judgment, # 4 Order on Post Judgment Motions, # 5 Docket Sheet) (arw)

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APPEAL, CLOSED, CONSENTED, DIVERSITY, LS, QUESTIONABLE_JURISDICTION,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:12-cv-00827-slc

Tilstra Dairy Equipment, LTD v. Bou-Matic, LLC
Assigned to: Magistrate Judge Stephen L. Crocker
Cause: 28:1332 Diversity-Account Receivable

Date Filed: 11/15/2012
Date Terminated: 05/15/2014
Jury Demand: Defendant
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity

Plaintiff
Sid Tilstra

represented by Eric Allen Baker
Boardman & Clark LLP
1 South Pinckney Street, 4th Floor
P.O. Box 927
Madison, WI 53701-0927
608-283-1783
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gary L. Antoniewicz
Boardman & Clark LLP
1 South Pinckney Street, 4th Floor
P.O. Box 927
Madison, WI 53701-0927
608-283-1759
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Tilstra Dairy Equipment, LTD

represented by Eric Allen Baker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gary L. Antoniewicz
Boardman & Clark LLP
1 South Pinckney Street, 4th Floor
P.O. Box 927
Madison, WI 53701-0927
608-283-1759
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.

10/17/2014 4:59 PM

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Defendant
Bou-Matic, LLC
a Nevada Limited Liability Company

represented by Saul Coerver Glazer
Axley Brynelson, LLP
2 East Mifflin Street, Suite 200
Madison, WI 53701
608-260-2473
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Brian C. Hough
Axley Brynelson, LLP
2 East Mifflin Street, Suite 200
Madison, WI 53701
608-283-6772
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

11/15/2012

1 COMPLAINT against All Defendants (Filing fee $350, receipt number 0758-1083632) filed by
All Plaintiffs. (Attachments:
# 1 Exhibit Dealership Agreement,
# 2 Exhibit 1/8/10 Bou-Matic Letter,
# 3 JS-44 Civil Cover Sheet,
# 4 Summons) (Antoniewicz, Gary) (Entered: 11/15/2012)

11/16/2012

Case directly assigned to District Judge Barbara B. Crabb and Magistrate Judge Stephen L.
Crocker. (arw) (Entered: 11/16/2012)

11/16/2012

Standard attachments for Judge Barbara B. Crabb required to be served on all parties with
summons or waiver of service: NORTC, Briefing Guidelines, Corporate Disclosure Statement,
Order on Dispositive Motions. (arw) (Entered: 11/16/2012)

11/16/2012

2 Summons Issued as to Bou-Matic, LLC. (arw) (Entered: 11/16/2012)

12/12/2012

3 ANSWER by Defendant Bou-Matic, LLC. (Hough, Brian) (Entered: 12/12/2012)

12/12/2012

4 Affidavit of Service by Plaintiff. Defendant Bau-Matic, LLC served 11/28/2012, answer due
12/19/2012. (Antoniewicz, Gary) Modified on 12/13/2012 (jaf). (Entered: 12/12/2012)

12/12/2012

5 Corporate Disclosure Statement by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD
(Antoniewicz, Gary) (Entered: 12/12/2012)

12/12/2012

6 Corporate Disclosure Statement by Defendant Bou-Matic, LLC (Hough, Brian) (Entered:
12/12/2012)

12/12/2012

7 Corporate Disclosure Statement by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD
(Antoniewicz, Gary) (Entered: 12/12/2012)

12/13/2012

01/11/2013

Set Pretrial Conference: Telephone Pretrial Conference set for 1/16/2013 at 1:00 PM before
Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to
chambers at [phone]. Standing Order Governing Preliminary Pretrial Conference
attached. (arw) (Entered: 12/13/2012)
8 Joint Preliminary Pretrial Conference Report by Defendant Bou-Matic, LLC, Plaintiffs Sid
Tilstra, Tilstra Dairy Equipment, LTD (Hough, Brian) (Entered: 01/11/2013)

10/17/2014 4:59 PM

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01/15/2013

9 Notice by Defendant Bou-Matic, LLC, Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD
Notice, Consent, and Reference of a Civil Action to A Magistrate Judge. (Antoniewicz, Gary)
(Entered: 01/15/2013)

01/16/2013

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 1/16/2013 [:05] (cak) (Entered: 01/16/2013)

01/16/2013

10 Demand for Trial by Jury by Defendant Bou-Matic, LLC (Hough, Brian) (Entered: 01/16/2013)

01/22/2013

11 Pretrial Conference Order - Amendments to Pleadings due 3/1/2013. Dispositive Motions due
8/26/2013. Settlement Letters due 12/20/2013. Final Pretrial Submissions due 12/30/2013.
Court Trial set for 1/27/2014 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on
1/18/13. (rep) Modified on 2/1/2013. (lak) (Entered: 01/22/2013)

02/05/2013

12 ORDER Referring Case to Magistrate Judge Stephen L. Crocker. Signed by District Judge
Barbara B. Crabb on 2/4/2013. (arw) (Entered: 02/05/2013)

02/28/2013

13 AMENDED COMPLAINT against Bou-Matic, LLC, filed by All Plaintiffs. (Attachments:
# 1 Exhibit A-Dealership Agreement,
# 2 Exhibit B-1-8-10 letter from BouMatic) (Antoniewicz, Gary) (Entered: 02/28/2013)

03/13/2013

14 ANSWER to Amended Complaint by Defendant Bou-Matic, LLC. (Hough, Brian) (Entered:
03/13/2013)

04/29/2013

15 ORDER Referring Case to Magistrate Judge Stephen L. Crocker. Signed by District Judge
Barbara B. Crabb on 4/29/2013. (arw) (Entered: 04/29/2013)

08/26/2013

16 Deposition of Sidney Tilstra taken on August 1, 2013 (Hough, Brian) (Entered: 08/26/2013)

08/26/2013

17 Deposition of Jonathan M. Ghey taken on August 8, 2013 (Hough, Brian) (Entered: 08/26/2013)

08/26/2013

18 MOTION FOR SUMMARY JUDGMENT by Defendant Bou-Matic, LLC. Brief in
Opposition due 9/16/2013. Brief in Reply due 9/26/2013. (Hough, Brian) (Entered: 08/26/2013)

08/26/2013

19 Declaration of William Coe filed by Defendant Bou-Matic, LLC re: 18 Motion for Summary
Judgment (Hough, Brian) (Entered: 08/26/2013)

08/26/2013

20 Declaration of Brian Hough filed by Defendant Bou-Matic, LLC re: 18 Motion for Summary
Judgment (Attachments:
# 1 Exhibit 3 - 1/8/10 Letter,
# 2 Exhibit 5 - 1/11/10 e-mail,
# 3 Exhibit 6 - 1/13/10 Agreement,
# 4 Exhibit 10 - 3/17/10 e-mail) (Hough, Brian) Modified on 8/27/2013. (jaf) (Entered:
08/26/2013)

08/26/2013

21 Exhibit to 20 Declaration of Brian Hough, filed by Bou-Matic, LLC. (Attachments:
# 1 Exhibit 9 - 2/25/10 e-mail,
# 2 Exhibit 39 - 1/8/10 proposal,
# 3 Exhibit 17 - Dealer Review,
# 4 Exhibit 37 - 1/7/10 Proposal,
# 5 Exhibit 13 - Spreadsheet,
# 6 Exhibit 12 - 10/19/09 Report) (Hough, Brian) Modified on 8/27/2013. (jaf) (Entered:
08/26/2013)

08/26/2013

22 Exhibit to 20 Declaration of Brian Hough, filed by Bou-Matic, LLC (Attachments:
# 1 Exhibit 7 - Februay 17, 2010 Agreement (main part) (Hough, Brian) Modified on 8/27/2013.
(jaf) (Entered: 08/26/2013)

08/26/2013

23 Brief in Support of 18 Motion for Summary Judgment by Defendant Bou-Matic, LLC
(Attachments:
# 1 Exhibit Unpublished Decision Nystrom,
# 2 Exhibit Unpublished Decision Berggren) (Hough, Brian) (Entered: 08/26/2013)

10/17/2014 4:59 PM

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08/26/2013

24 Proposed Findings of Fact filed by Defendant Bou-Matic, LLC re: 18 Motion for Summary
Judgment (Hough, Brian) (Entered: 08/26/2013)

09/13/2013

25 Motion for Extension of Time to File response to Defendant's Motion for Summary Judgment
by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD. (Antoniewicz, Gary) Modified on
9/13/2013. (pao) (Entered: 09/13/2013)

09/13/2013

26 ** TEXT ONLY ORDER **
ORDER granting 25 Motion for Extension of Time to File Brief in Opposition due 9/19/2013.
Brief in Reply due 10/7/2013. Signed by Magistrate Judge Stephen L. Crocker on 9/13/2013.
(pao) (Entered: 09/13/2013)

09/19/2013

27 Proposed Findings of Fact filed by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD re: 18
Motion for Summary Judgment (Antoniewicz, Gary) (Entered: 09/19/2013)

09/19/2013

28 Response to Proposed Findings of Fact filed by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment,
LTD re: 18 Motion for Summary Judgment (Antoniewicz, Gary) (Entered: 09/19/2013)

09/19/2013

29 Declaration of Sidney Tilstra filed by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD In
Opposition To Defendant's re: 18 Motion for Summary Judgment (Attachments:
# 1 Exhibit A - Agreed Upon Formula,
# 2 Exhibit B - E-mail 09/09/2009) (Antoniewicz, Gary) (Entered: 09/19/2013)

09/19/2013

30 Declaration of Gary L. Antoniewicz filed by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD
In Opposition To Defendant's re: 18 Motion for Summary Judgment (Attachments:
# 1 Exhibit 2 - Dealership Agreement,
# 2 Exhibit 23 - 8/8/08 Email,
# 3 Exhibit 28 - 10/26/09 Email,
# 4 Exhibit 32 - 11/23/09 Email,
# 5 Exhibit 34 - 12/8/09 Meeting Minutes,
# 6 Exhibit 35 - 12/11/09 Email,
# 7 Exhibit 37 - 1/7/10 Press Release,
# 8 Exhibit 38 - 1/7/10 Email,
# 9 Exhibit 40 - 1/8/10 Email,
# 10 Exhibit 41 - 1/8/10 Email,
# 11 Exhibit 42 - 1/8/10 Email,
# 12 Exhibit 43 - 1/11/10 Email,
# 13 Exhibit C - Transcript of Bradbury Deposition,
# 14 Exhibit D - Notice of Action and Claim,
# 15 Exhibit E - Order Dismissing BouMatic from Ontario Action,
# 16 Exhibit F - RJR-MacDonald Inc. v. Canada) (Antoniewicz, Gary) Modified on 9/20/2013
(jaf). Requested attorney file transcript as individual docket entry on 9/20/2013 (jaf). (Entered:
09/19/2013)

09/19/2013

31 Brief in Opposition by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD re: 18 Motion for
Summary Judgment filed by Bou-Matic, LLC (Antoniewicz, Gary) (Entered: 09/19/2013)

09/19/2013

32 Certificate of Service by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD (Antoniewicz,
Gary) (Entered: 09/19/2013)

09/20/2013

33 Deposition of Daniel E. Bradbury taken on 09/11/2013 , Exhibit C in the Declaration of Gary
L. Antoniewicz (Antoniewicz, Gary) (Entered: 09/20/2013)

09/20/2013

34 Expert Witness Disclosures by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD
(Attachments:
# 1 Exhibit A - Calculation of Economic Loss,
# 2 Exhibit B - Financial Statements 05-09,
# 3 Certificate of Service) (Antoniewicz, Gary) (Entered: 09/20/2013)

10/07/2013

35 Brief in Reply by Defendant Bou-Matic, LLC in Support of 18 Motion for Summary Judgment
(Hough, Brian) (Entered: 10/07/2013)

10/17/2014 4:59 PM

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10/07/2013

36 Reply in Support of Proposed Findings of Fact filed by Defendant Bou-Matic, LLC re: 18
Motion for Summary Judgment (Hough, Brian) (Entered: 10/07/2013)

10/07/2013

37 Response to Proposed Findings of Fact filed by Defendant Bou-Matic, LLC re: 18 Motion for
Summary Judgment (Hough, Brian) (Entered: 10/07/2013)

10/09/2013

38 Second Declaration of Brian Hough filed by Defendant Bou-Matic, LLC re: 18 Motion for
Summary Judgment (Attachments:
# 1 Appellate Opinion Michaelis v. Comdisco, Inc.,
# 2 Appellate Opinion Bank One Milwaukee, N/A v. Williams Bay Trading Co., Ltd.,
# 3 Appellate Opinion Lamphere v. Mercy Hospital) (Hough, Brian) (Entered: 10/09/2013)

10/09/2013

39 Exhibit to 38 Declaration, filed by Bou-Matic, LLC (Attachments:
# 1 Appellate Opinion Jakubowski v. Rock Valley Builders,
# 2 Appellate Opinion Rehrauer v. Raasch,,
# 3 Appellate Opinion Berggren v. Reinhart Boerner Van Duren, S.C.) (Hough, Brian) (Entered:
10/09/2013)

10/09/2013

40 Exhibit to 38 Declaration, filed by Bou-Matic, LLC (Attachments:
# 1 Appellate Opinion Sielaff v. Matco Tools Corp.,
# 2 Appellate Opinion TSR, Inc. v. Niebling,
# 3 Appellate Opinion Stapel v. Stapel) (Hough, Brian) (Entered: 10/09/2013)

11/26/2013

Set Telephone Pretrial or Status Conference: Telephone Status Conference set for 12/3/2013 at
10:30 AM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff is responsible for
setting up the call to chambers at [phone]. (cak) (Entered: 11/26/2013)

11/27/2013

41 Motion to Reschedule Status Conference by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD.
(Antoniewicz, Gary) (Entered: 11/27/2013)

12/02/2013

42 ** TEXT ONLY ORDER **
The parties' request to move back the telephonic status conference is granted. Their informal
request to move back the trial date three or four months is granted in principle; we will set a
new trial date at the status conference. Signed by Magistrate Judge Stephen L. Crocker on
11/29/2013. (arw) (Entered: 12/02/2013)

12/02/2013

Reset Deadlines and Hearings: Telephone Status Conference set for 12/18/2013 at 12:30 PM
before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the
call to chambers at [phone]. (arw) (Entered: 12/02/2013)

12/18/2013

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Status Conference held on 12/18/2013 [:10] (cak) (Entered: 12/18/2013)

12/18/2013

43 AMENDED Scheduling Order: Settlement Letters due 3/28/2014. Rule 26(a)(3) Disclosures and
Motions in Limine due 4/7/2014, Responses due 4/21/2014. Telephone Final Pretrial
Conference set for 4/30/2014 at 3:00 PM, counsel for Plaintiff responsible for setting up the call
to chambers at [phone]. Jury Selection and Trial set for 5/5/2014 at 9:00 AM. Signed by
Magistrate Judge Stephen L. Crocker on 12/18/2013. (arw) (Entered: 12/18/2013)

01/03/2014

44 Expert Report of Paul M. Senger, CPA/ABV, CVA by Defendant Bou-Matic, LLC
(Attachments:
# 1 Expert Report,
# 2 Certificate of Service) (Glazer, Saul) (Entered: 01/03/2014)

03/04/2014

45 ORDER granting in part and denying in part 18 Motion for Summary Judgment by Defendant
Bou-Matic, LLC. The motion is GRANTED as to plaintiffs' claim for tortious interference with
contract; that claim is DISMISSED as barred by the statute of limitations. The motion is
DENIED as to plaintiffs' claim for breach of contract. Signed by Magistrate Judge Stephen L.
Crocker on 3/4/2014. (arw) (Entered: 03/04/2014)

10/17/2014 4:59 PM

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04/01/2014

46 Status Report to Magistrate Judge Crocker by Defendant Bou-Matic, LLC (Glazer, Saul)
(Entered: 04/01/2014)

04/07/2014

47 Rule 26(a)(3) Pretrial Disclosures by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD
(Attachments:
# 1 Exhibit A - Jonathan Ghey Transcript (Also see 17 .),
# 2 Exhibit B - Daniel Bradbury Transcript (Also see 33 .),
# 3 Exhibit C - Stephane Desjardin Transcript (Also see 62 .),
# 4 Exhibit D - Trial Exhibit List (Also see 61 for exhibit list on court form.),
# 5 Exhibit E - Proposed Jury Instructions (Also see 58 .),
# 6 Exhibit F - Proposed Voir Dire (Also see 59 .) (Antoniewicz, Gary) Modified on 4/8/2014.
Exhibts C, D, E and F to be filed as separate docket entries. Trial Exhibit List to be completed
on court form. (lak) (Entered: 04/07/2014)

04/07/2014

48 Deposition Designations by Defendant Bou-Matic, LLC. (Hough, Brian) (Entered: 04/07/2014)

04/07/2014

49 Proposed Voir Dire by Defendant Bou-Matic, LLC. (Hough, Brian) (Entered: 04/07/2014)

04/07/2014

50 Proposed Special Verdict - Liability and Damages by Defendant Bou-Matic, LLC. (Hough,
Brian) (Entered: 04/07/2014)

04/07/2014

51 Rule 26(a)(3) Pretrial Disclosures by Defendant Bou-Matic, LLC. (Hough, Brian) (Entered:
04/07/2014)

04/07/2014

52 Exhibit List by Defendant Bou-Matic, LLC. (Hough, Brian) (Entered: 04/07/2014)

04/07/2014

53 Motions in Limine by Defendant Bou-Matic, LLC. (Hough, Brian) (Entered: 04/07/2014)

04/07/2014

54 Brief in Support of 53 Motions in Limine by Defendant Bou-Matic, LLC. (Hough, Brian)
(Entered: 04/07/2014)

04/07/2014

55 Declaration of Daniel E. Bradbury filed by Defendant Bou-Matic, LLC re: 53 Motions in
Limine. (Hough, Brian) (Entered: 04/07/2014)

04/07/2014

56 Deposition of Rinaldo Sciannella taken on November 12, 2013. (Hough, Brian) (Entered:
04/07/2014)

04/07/2014

57 Proposed Jury Instructions - Liability and Damages by Defendant Bou-Matic, LLC. (Hough,
Brian) (Entered: 04/07/2014)

04/08/2014

58 Proposed Jury Instructions - Liability and Damages by Plaintiffs Sid Tilstra, Tilstra Dairy
Equipment, LTD. (Antoniewicz, Gary) (Entered: 04/08/2014)

04/08/2014

59 Proposed Voir Dire by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD. (Antoniewicz, Gary)
(Entered: 04/08/2014)

04/08/2014

60 Proposed Special Verdict - Liability and Damages by Plaintiffs Sid Tilstra, Tilstra Dairy
Equipment, LTD. (Antoniewicz, Gary) (Entered: 04/08/2014)

04/08/2014

61 Exhibit List by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD. (Antoniewicz, Gary)
(Entered: 04/08/2014)

04/08/2014

62 Deposition of Stephane Desjardins taken on April 3, 2014. (Antoniewicz, Gary) (Entered:
04/08/2014)

04/08/2014

63 Errata Sheet to 62 Deposition of Stephane Desjardins. (Glazer, Saul) Modified on 4/22/2014.
(arw) (Entered: 04/08/2014)

04/21/2014

64 Brief in Opposition by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD re: 53 Motion in
Limine filed by Bou-Matic, LLC. (Attachments:
# 1 Exhibit A, Expert Calculation of Economic Loss) (Antoniewicz, Gary) (Entered:
04/21/2014)

10/17/2014 4:59 PM

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04/21/2014

65 Declaration of Gary L. Antoniewicz filed by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD
re: 53 Motion in Limine (Antoniewicz, Gary) (Entered: 04/21/2014)

04/21/2014

66 Objections to Trial Exhibits of Plaintiffs by Defendant Bou-Matic, LLC. (Hough, Brian)
(Entered: 04/21/2014)

04/21/2014

67 Response to Proposed Special Verdict and pre-trial filings by Defendant Bou-Matic, LLC
(Hough, Brian) (Entered: 04/21/2014)

04/22/2014

68 Redline of Plaintiffs' Proposed Jury Instructions, filed by Defendant Bou-Matic, LLC. (Glazer,
Saul) (Entered: 04/22/2014)

04/23/2014

69 Status Report - letter to Magistrate Judge Stephen L. Crocker by Defendant Bou-Matic, LLC
(Glazer, Saul) (Entered: 04/23/2014)

04/23/2014

70 Deposition of John H. Dortmans taken on April 21, 2014 . (Glazer, Saul) (Entered: 04/23/2014)

04/23/2014

71 Deposition Designations of John H. Dortmans by Defendant Bou-Matic, LLC. (Glazer, Saul)
(Entered: 04/23/2014)

04/23/2014

72 Deposition of Paul M. Senger taken on 4/18/14 . (Antoniewicz, Gary) (Entered: 04/23/2014)

04/23/2014

73 Supplemental Declaration of Gary L. Antoniewicz filed by Plaintiffs Sid Tilstra, Tilstra Dairy
Equipment, LTD re: 53 Motion in Limine (Antoniewicz, Gary) (Entered: 04/23/2014)

04/23/2014

74 Status Report Letter to Magistrate Judge Stephen Crocker by Plaintiffs Sid Tilstra, Tilstra Dairy
Equipment, LTD (Antoniewicz, Gary) (Entered: 04/23/2014)

04/24/2014

75 Deposition Designations of Rita M. Dortmans by Defendant Bou-Matic, LLC. (Glazer, Saul)
(Entered: 04/24/2014)

04/24/2014

76 Deposition of Rita M. Dortmans taken on April 21, 2014 . (Glazer, Saul) (Entered: 04/24/2014)

04/24/2014

Notice to Counsel: the Final Pretrial Conference on 4/30/2014 at 3:00 PM will be in person in
Courtroom 460 before Magistrate Judge Stephen L. Crocker. (arw) (Entered: 04/24/2014)

04/24/2014

Correction: the Final Pretrial Conference on 4/30/2014 will be in Courtroom 260. (arw)
(Entered: 04/24/2014)

04/24/2014

77 Deposition Designations of Ben A. Willemse by Defendant Bou-Matic, LLC. (Glazer, Saul)
(Entered: 04/24/2014)

04/24/2014

78 Deposition of Ben A. Willemse taken on April 21, 2014 . (Glazer, Saul) (Entered: 04/24/2014)

04/24/2014

79 Errata Sheet to 70 Deposition (Glazer, Saul) (Entered: 04/24/2014)

04/25/2014

80 Objection to Rule 26(a)(3) Designations by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD.
(Antoniewicz, Gary) (Entered: 04/25/2014)

04/25/2014

81 Second Objection to Rule 26(a)(3) Designations by Plaintiffs Sid Tilstra, Tilstra Dairy
Equipment, LTD. (Antoniewicz, Gary) (Entered: 04/25/2014)

04/25/2014

82 Counter Deposition Designations of John Dortmans, Rita Dortmans and Ben Willemse by
Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD. (Antoniewicz, Gary) Modified on
4/28/2014. (lak) (Entered: 04/25/2014)

04/25/2014

83 Deposition Designations of Jim M. Blewett by Defendant Bou-Matic, LLC. (Glazer, Saul)
(Entered: 04/25/2014)

04/25/2014

84 Deposition of Jim M. Blewett taken on April 21, 2014. (Glazer, Saul) (Entered: 04/25/2014)

04/25/2014

85 Counter Objection to Rule 26(a)(3) Designations by Defendant Bou-Matic, LLC (Attachments:
# 1 Goodwill Chart) (Glazer, Saul) Modified on 4/28/2014. (lak) (Entered: 04/25/2014)

10/17/2014 4:59 PM

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04/28/2014

86 Counter Objection to Rule 26(a)(3) Designations by Defendant Bou-Matic, LLC. (Glazer, Saul)
(Entered: 04/28/2014)

04/28/2014

87 Status Report - Letter to Magistrate Judge Stephen L. Crocker Regarding Deposition
Designations, by Defendant Bou-Matic, LLC. (Glazer, Saul) Modified on 4/29/2014. (lak)
(Entered: 04/28/2014)

04/28/2014

88 Objection to Rule 26(a)(3) Designations by Defendant Bou-Matic, LLC. (Glazer, Saul)
(Entered: 04/28/2014)

04/28/2014

89 Counter Deposition Designations of Stephane Desjardins, John Dortmans, Rita Dortmans and
Ben Willemse by Defendant Bou-Matic, LLC. (Glazer, Saul) (Entered: 04/28/2014)

04/28/2014

90 ORDER Distributing Draft Voir Dire, Jury Instructions and Special Verdict Form. Signed by
Magistrate Judge Stephen L. Crocker on 4/28/2014. (Attachments:
# 1 Voir Dire,
# 2 Introductory Jury Instructions,
# 3 Post Trial Jury Instructions,
# 4 Verdict Form) (arw) (Entered: 04/28/2014)

04/29/2014

91 Second Exhibit List by Defendant Bou-Matic, LLC. (Glazer, Saul) (Entered: 04/29/2014)

04/29/2014

92 Third Objection to Rule 26(a)(3) Designations by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment,
LTD (Antoniewicz, Gary) (Entered: 04/29/2014)

04/29/2014

93 Disregard; wrong document attached. Refiled as entry 94 . Modified on 4/29/2014. (arw)
(Entered: 04/29/2014)

04/29/2014

94 Corrected Deposition Designations of Jim M. Blewett by Plaintiffs Sid Tilstra, Tilstra Dairy
Equipment, LTD. (Antoniewicz, Gary) (Entered: 04/29/2014)

04/29/2014

95 Disregard; wrong event. Refiled as entry 96 . (Hough, Brian) Modified on 4/30/2014. (arw)
(Entered: 04/29/2014)

04/29/2014

96 Counter Objection to Rule 26(a)(3) Designations by Defendant Bou-Matic, LLC (Attachments:
# 1 Exhibit A - Tilstra Evidence,
# 2 Exhibit B - Tilstra Claim,
# 3 Exhibit C - Note Tilstra Inactivated) (Hough, Brian) Modified on 4/30/2014. Duplicate of 95
. (lak) (Entered: 04/29/2014)

05/01/2014

97 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Final Pretrial
Conference held on 4/30/2014. [1:51]
Attention: In the event of settlement of this matter over the weekend, counsel are advised to
contact the Clerk of Court at [phone] or the Chief Deputy Clerk at [phone].
(Court Reporter CS) (arw) (Entered: 05/01/2014)

05/01/2014

98 Status Report - letter to Magistrate Judge Stephen L. Crocker by Defendant Bou-Matic, LLC
(Attachments:
# 1 Tilstra "Inactivated" Note) (Glazer, Saul) Modified on 5/2/2014. (lak) (Entered: 05/01/2014)

05/02/2014

99 Final Pretrial Conference Order. Signed by Magistrate Judge Stephen L. Crocker on 5/2/14. (jat)
(Entered: 05/02/2014)

05/02/2014

100 Introductory Jury Instructions. (jat) (Entered: 05/02/2014)

05/02/2014

101 Statement of the Case and Voir Dire. (jat) (Entered: 05/02/2014)

05/05/2014
05/06/2014

Set/Reset Trial Date: 2nd Day Jury Trial set for 5/6/2014 at 9:00 AM. (lak) (Entered:
05/05/2014)
102 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Jury Selection
and First Day of Trial held on 5/5/2014. Evidence entered, trial continues. [5:21] (Court

10/17/2014 4:59 PM

9 of 12

Reporter CS) (arw) (Entered: 05/06/2014)
05/06/2014
05/07/2014

05/07/2014

Set/Reset Trial Date: 3rd Day Jury Trial set for 5/7/2014 at 9:00 AM. (lak) (Entered:
05/06/2014)
103 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Second Day of
Jury Trial held on 5/6/2014. Evidence entered, trial continues. [7:08] (Court Reporter CS) (arw)
(Entered: 05/07/2014)
Set/Reset Trial Date: 4th Day Jury Trial set for 5/8/2014 at 9:00 AM. (lak) (Entered:
05/07/2014)

05/08/2014

104 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Third Day of
Jury Trial held on 5/7/2014. Evidence entered, trial continues. [7:21] (Court Reporter CS) (arw)
(Entered: 05/08/2014)

05/08/2014

105 Proposed Special Verdict Form and Post-Trial Jury Instructions May 7 Draft. (arw) (Entered:
05/08/2014)

05/08/2014

106 Trial Exhibit 48-B Map with Territories Marked "D," "C" and "T" by Defendant Bou-Matic,
LLC. (arw) (Entered: 05/08/2014)

05/08/2014

107 Joint Trial Exhibit List by Plaintiff Tilstra Dairy Equipment, LTD. and Defendant Bou-Matic,
LLC. (arw) (Entered: 05/08/2014)

05/09/2014

108 Post-Trial Jury Instructions. (arw) (Entered: 05/09/2014)

05/09/2014

109 Jury Verdict: Verdict in the amount of $471,124.00 returned in favor of Plaintiff Tilstra Dairy
Equipment, LTD. (arw) (Entered: 05/09/2014)

05/09/2014

110 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Fourth Day of
Jury Trial held on 5/8/2014. Verdict returned in favor of plaintiff Tilstra Dairy Equipment, LTD damages awarded in the amount of $471,124.00 [4:58] (Court Reporter CS) (arw) (Entered:
05/09/2014)

05/12/2014

111 Transcript of Final Pretrial Conference, held 4/30/2014 before Magistrate Judge Stephen L.
Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 05/12/2014)

05/13/2014

112 Transcript of Jury Trial Excerpt Testimony of Rinaldo Scianella, held 5/6/2014 before
Magistrate Judge Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (voc) (Entered: 05/13/2014)

05/14/2014

113 Amended Deposition Designations of Jim M. Blewett by Defendant Bou-Matic, LLC. (Glazer,
Saul) (Entered: 05/14/2014)

05/14/2014

114 Amended Deposition Designations of Rita M. Dortmans by Defendant Bou-Matic, LLC.
(Glazer, Saul) (Entered: 05/14/2014)

05/14/2014

115 Amended Deposition Designations of John H. Dortmans by Defendant Bou-Matic, LLC.
(Glazer, Saul) (Entered: 05/14/2014)

05/15/2014

116 JUDGMENT entered in favor of defendant Bou-Matic, LLC dismissing plaintiffs' claim for
tortious interference with contract; entered in favor of plaintiff Tilstra Dairy Equipment, Ltd.
against Bou-Matic, LLC in the amount of CAD$471,124.00 based on the jury's finding that
defendant breached the implied duty of good faith in its dealership agreement with Tilstra Dairy
Equipment, Ltd. (SLC/PAO) (arw) (Entered: 05/15/2014)

05/21/2014

117 Bill of Costs by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD. Motions referred to Peter
A. Oppeneer, Clerk of Court. Objection to Bill of Costs due 6/2/2014. Brief in Support to Bill of
Costs due 6/10/2014. Brief in Reply in Opposition to Bill of Costs due 6/16/2014. (Attachments:

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# 1 Exhibit A - Costs) (Antoniewicz, Gary) (Entered: 05/21/2014)
05/22/2014

118 Amended Deposition Designations of Ben A. Willemse by Defendant Bou-Matic, LLC. (Glazer,
Saul) (Entered: 05/22/2014)

05/29/2014

119 Joint Motion to Stay 116 Judgment Pursuant to Rule 62(b) by Defendant Bou-Matic, LLC.
(Attachments:
# 1 Exhibit A - Bond) (Glazer, Saul) (Entered: 05/29/2014)

05/29/2014

120 ** TEXT ONLY ORDER **
ORDER granting 119 Joint Motion to Stay Judgment Pursuant to Rule 62(b). Signed by
Magistrate Judge Stephen L. Crocker on 5/29/2014. (arw) (Entered: 05/29/2014)

05/30/2014

121 Transcript of Jury Trial Excerpt Plaintiff's Opening Statement held 5/5/2014 before Magistrate
Judge Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 05/30/2014)

05/30/2014

122 Transcript of Jury Trial Excerpt Cross Examination of Sidney Tilstra, Testimony of Evelyn
Tilstra held 5/6/2014 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 05/30/2014)

05/30/2014

123 Transcript of Jury Trial Excerpt Testimony of Jonathan Ghey held 5/7/2014 before Magistrate
Judge Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 05/30/2014)

05/30/2014

124 Transcript of Jury Trial Excerpt Testimony of Rinaldo Scianella held 5/6/2014 before Magistrate
Judge Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 05/30/2014)

05/30/2014

125 Transcript of Jury Trial Excerpt Testimony of Jonathan Ghey and Daniel Bradbury held
5/8/2014 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 05/30/2014)

05/30/2014

126 Transcript of Final Pretrial Conference held 4/30/2014 before Magistrate Judge Stephen L.
Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 05/30/2014)

05/30/2014

127 Transcript of Jury Trial Excerpt Instruction Conference held 5/7/2014 before Magistrate Judge
Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 05/30/2014)

05/30/2014

128 Transcript of Jury Trial Excerpt Continued Instruction Conference, Plaintiff's Closing
Argument held 5/8/2014 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 05/30/2014)

06/04/2014

129 Amended Deposition Designations of Stephane Desjardins by Defendant Bou-Matic, LLC.
(Glazer, Saul) (Entered: 06/04/2014)

06/05/2014

130 Motion to Alter or Amend Judgment by Defendant Bou-Matic, LLC. (Hough, Brian) (Entered:
06/05/2014)

06/05/2014

131 MOTION FOR JUDGMENT AS A MATTER OF LAW by Defendant Bou-Matic, LLC.
Brief in Opposition due 6/26/2014. Brief in Reply due 7/7/2014. (Hough, Brian) (Entered:
06/05/2014)

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06/05/2014

132 Motion for New Trial by Defendant Bou-Matic, LLC. (Hough, Brian) (Entered: 06/05/2014)

06/05/2014

133 Brief in Support of 130 Motion to Alter or Amend Judgment, 132 Motion for New Trial, 131
Motion for Judgment as a Matter of Law by Defendant Bou-Matic, LLC (Attachments:
# 1 Exhibit - Trial Exhibits) (Hough, Brian) (Entered: 06/05/2014)

06/06/2014

Set Briefing Deadlines re: 130 Motion to Alter or Amend Judgment, 131 Motion for Judgment as
a Matter of Law, 132 Motion for New Trial. Brief in Opposition due 6/26/2014. Brief in Reply
due 7/7/2014. (arw/slc) (Entered: 06/06/2014)

06/25/2014

134 Unopposed Motion for Extension of Time for Plaintiff to Respond to Defendant's
Post-Judgment Motions by Plaintiff Tilstra Dairy Equipment, LTD. (Antoniewicz, Gary)
(Entered: 06/25/2014)

06/25/2014

135 ** TEXT ONLY ORDER **
ORDER granting 134 Unopposed Motion for Extension of Time by Plaintiff Tilstra Dairy
Equipment, LTD. Response to Post-Judgment Motions due 6/30/2014. Brief in Reply due
7/11/2014. Signed by Magistrate Judge Stephen L. Crocker on 6/25/2014. (arw) (Entered:
06/25/2014)

06/30/2014

136 Brief in Opposition by Plaintiff Tilstra Dairy Equipment, LTD re: 130 Motion to Alter or Amend
Judgment, 131 Motion for Judgment as a Matter of Law, and 132 Motion for New Trial filed by
Bou-Matic, LLC, (Attachments:
# 1 Certificate of Service) (Baker, Eric) Modified on 6/30/2014 to link to motions 130 and 132.
(lak) (Entered: 06/30/2014)

07/07/2014

137 Transcript of Jury Trial Excerpt - Testimony of Kerry Bennett, held 5/6/2014 before Magistrate
Judge Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 07/07/2014)

07/07/2014

138 Transcript of Jury Trial Excerpt - Testimony of Carl Schade, held 5/7/2014 before Magistrate
Judge Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 07/07/2014)

07/07/2014

139 Transcript of Jury Trial Excerpt - Testimony of Paul Senger, held 5/7/2014 before Magistrate
Judge Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (arw) (Entered: 07/07/2014)

07/10/2014

140 Transcript of Jury Trial Excerpt -Colloquy-, held 5/6/14 before Magistrate Judge Stephen L.
Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (jat) (Entered: 07/10/2014)

07/10/2014

141 Transcript of Jury Trial Excerpt -Colloquy-, held 5/8/14 before Magistrate Judge Stephen L.
Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (jat) (Entered: 07/10/2014)

07/11/2014

142 Brief in Reply by Defendant Bou-Matic, LLC in Support of 132 Motion for New Trial, 131
Motion for Judgment as a Matter of Law, 130 Motion to Alter or Amend Judgment
(Attachments:
# 1 Exhibit - Transcript of Scianella (Also see 124 .) (Hough, Brian) Modified on 7/14/2014.
(lak) (Entered: 07/11/2014)

07/18/2014

143 Notice by Plaintiffs Sid Tilstra, Tilstra Dairy Equipment, LTD re: 142 Brief in Reply.
(Antoniewicz, Gary) Modified on 7/20/2014. (lak) (Entered: 07/18/2014)

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07/22/2014

144 Notice by Defendant Bou-Matic, LLC re: 143 Notice regarding 142 Brief in Reply. (Glazer,
Saul) Modified on 7/23/2014. (lak) (Entered: 07/22/2014)

09/19/2014

145 ORDER denying 130 Motion to Alter or Amend Judgment; denying 131 Motion for Judgment as
a Matter of Law; denying 132 Motion for New Trial. Signed by Magistrate Judge Stephen L.
Crocker on 9/19/2014. (arw) (Entered: 09/19/2014)

10/01/2014

146 ORDER on Bill of Costs: Costs Taxed in favor of Plaintiff in the amount of $ 6,071.39. (jat)
(Entered: 10/01/2014)

10/16/2014

147 NOTICE OF APPEAL by Defendant Bou-Matic, LLC as to 116 Judgment, 145 Order on
Motion to Alter or Amend Judgment, Order on Motion for Judgment as a Matter of Law, Order
on Motion for New Trial. Filing fee of $ 505, receipt number 0758-1430029 paid. Docketing
Statement filed. (Attachments:
# 1 Docketing Statement) (Glazer, Saul) (Entered: 10/16/2014)

10/17/2014

148 Appeal Information Packet. (arw) (Entered: 10/17/2014)

10/17/2014 4:59 PM