Pronschinske Trust Dated March 21, 1995 v. Kaw Valley Companies, Inc. et al

Filing 54

Transmission of Notice of Appeal, Opinion and Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 52 Notice of Appeal, (Attachments: # 1 Opinion and Order, # 2 Judgment, # 3 Docket Sheet) (lak)

APPEAL, BILL_OF_COSTS, CLOSED, CONSENTED, DIVERSITY, KO, LS,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16-cv-00640-slc

Pronschinske Trust Dated March 21, 1995 v. Kaw Valley Companies, Inc.
et al
Assigned to: Magistrate Judge Stephen L. Crocker
Cause: 28:1332 Diversity-Contract Default

Date Filed: 09/19/2016
Date Terminated: 08/15/2017
Jury Demand: Plaintiff
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity

Plaintiff
Pronschinske Trust Dated March 21, 1995

represented by Benjamin J Quackenbush
Arndt, Buswell, & Thorn, S.C.
101 West Oak Street
P.O. Box 349
Sparta, WI 54656
608-269-1200
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Dan Arndt
Arndt, Buswell & Thorn, S.C.
101 W Oak Street
P.O. Box 349
Sparta, WI 54656
608-269-1200
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Maximilian James Buckner
LaRowe Gerlach Taggart LLP
110 E. Main Street
Reedsburg, WI 53959
[phone]
Fax: [phone]
Email: [e-mail]
TERMINATED: 06/13/2017
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant

Kaw Valley Companies, Inc.

represented by Emily J. O. Sullivan
Shook, Hardy & Bacon
2555 Grand Blvd.
Kansas City, MO 64108-2613
816-474-6550
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Justin J. Johl
Shook, Hardy & Bacon
2555 Grand Blvd.
Kansas City, MO 64108-2613
816-474-6550
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Michael B. Barnett
Shook, Hardy & Bacon
2555 Grand Blvd.
Kansas City, MO 64108-2613
816-474-6550
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Natalie Dodd
Shook, Hardy & Bacon
2555 Grand Blvd.
Kansas City, MO 64108-2613
816-474-6550
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
KC Proppants, LLC

represented by Emily J. O. Sullivan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Justin J. Johl
(See above for address)
ATTORNEY TO BE NOTICED
Michael B. Barnett
(See above for address)
ATTORNEY TO BE NOTICED
Natalie Dodd

(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

09/19/2016

1 NOTICE OF REMOVAL from State of Wisconsin Circuit Court Trempealeau County, case
number 2016CV000138. ( Filing fee $ 400 receipt number 0758-1885025), filed by All
Defendants. (Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Exhibit A - State Court Complaint,
# 3 Exhibit B - Other State Court Documents) (Sullivan, Emily) Modified on 9/19/2016: Added
exhibit descriptions. (lak) (Entered: 09/19/2016)

09/19/2016

2 Corporate Disclosure Statement by Defendants KC Proppants, LLC, Kaw Valley Companies,
Inc. (Sullivan, Emily) (Entered: 09/19/2016)

09/20/2016

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (kwf) (Entered: 09/20/2016)

09/20/2016

Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all
parties with summons or waiver of service: Corporate Disclosure Statement, Order Regarding
Assignment of Civil Cases, Notice of Assignment to a Magistrate Judge and Consent/Request for
Reassignment, Order on Dispositive Motions. (kwf) (Entered: 09/20/2016)

09/23/2016

3 Motion to Admit Michael B. Barnett Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number
0758-1887955.) by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc. (Barnett,
Michael) (Entered: 09/23/2016)

09/23/2016

4 ** TEXT ONLY ORDER **
ORDER granting 3 Motion to Admit Michael B. Barnett Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 9/23/2016. (lak) (Entered: 09/23/2016)

09/23/2016

5 Motion to Admit Justin J. Johl Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number
0758-1888054.) by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc. (Johl, Justin)
M (Entered: 09/23/2016)

09/23/2016

6 ** TEXT ONLY ORDER **
ORDER granting 5 Motion to Admit Justin J. Johl Pro Hac Vice. Signed by Magistrate Judge
Peter A. Oppeneer on 9/23/2016. (lak) (Entered: 09/23/2016)

09/23/2016

7 ANSWER by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc.. (Barnett, Michael)
(Entered: 09/23/2016)

09/26/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 10/25/2016 at 02:00
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] (voc) (Entered: 09/26/2016)

10/07/2016

8 Demand for Trial by Jury by Plaintiff Pronschinske Trust Dated March 21, 1995. (Arndt, Dan)
(Entered: 10/07/2016)

10/20/2016

9 Report of Rule 26(f) Planning Meeting. (Arndt, Dan) (Entered: 10/20/2016)

10/24/2016

Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L.
Crocker. (cak) (Entered: 10/24/2016)

10/24/2016

Case reassigned to Magistrate Judge Stephen L. Crocker. CONSENTED flag added. (arw/slc)
(Entered: 10/24/2016)

10/26/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 10/25/2016 [:10] (cak) (Entered: 10/26/2016)

10/28/2016

10 Pretrial Conference Order - Amendments to Pleadings due 12/23/2016. Dispositive Motions due
5/22/2017. Settlement Letters due 9/15/2017. Motions in Limine due 9/20/2017, Responses due
10/6/2017. Telephone Final Pretrial Conference set for 10/18/2017 at 3:00 PM. Counsel for
Plaintiff responsible for setting up the call to chambers at [phone]. Jury Selection and
Trial set for 10/23/2017 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on
10/26/2016. (kwf) (Entered: 10/28/2016)

11/10/2016

11 ORDER Regarding Jurisdiction. Proof of Diversity of Citizenship due 11/28/2016. Signed by
Magistrate Judge Stephen L. Crocker on 11/10/2016. (kwf) (Entered: 11/10/2016)

11/15/2016

12 Certificate of Service by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc. (Barnett,
Michael) (Entered: 11/15/2016)

11/18/2016

13 Certificate of Service by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc. (Barnett,
Michael) (Entered: 11/18/2016)

11/18/2016

14 Certificate of Service by Plaintiff Pronschinske Trust Dated March 21, 1995. (Arndt, Dan)
(Entered: 11/18/2016)

11/23/2016

15 Response to 11 Order Regarding Jurisdiction by Defendants KC Proppants, LLC, Kaw Valley
Companies, Inc., (Attachments:
# 1 Exhibit - See 16 for Declaration) (Barnett, Michael) Modified on 11/23/2016: Declaration
filed as a separate docket entry. (lak) (Entered: 11/23/2016)

11/23/2016

16 Declaration of Tim Kates filed by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc.
re: 11 Order Regarding Jurisdiction. (lak) (Entered: 11/23/2016)

12/29/2016

17 ** TEXT ONLY ORDER **
Defendants have complied with the court's order (dkt. 11 ) by verifying the citizenship of
Pronschinske Trust and KC Properties, LLC. Hearing no objection from plaintiff, the court is
satisfied that it has subject matter jurisdiction in this case. Signed by Magistrate Judge Stephen
L. Crocker on 12/29/2016. (kwf) (Entered: 12/29/2016)

02/14/2017

18 Notice to Take Deposition of Ivan Pronschinske by Defendants KC Proppants, LLC, Kaw Valley
Companies, Inc. (Barnett, Michael) (Entered: 02/14/2017)

02/14/2017

19 Notice to Take Deposition of Beverly Pronschinske by Defendants KC Proppants, LLC, Kaw
Valley Companies, Inc. (Barnett, Michael) (Entered: 02/14/2017)

02/14/2017

20 Notice to Take Deposition of Lance Pronschinske by Defendants KC Proppants, LLC, Kaw
Valley Companies, Inc. (Barnett, Michael) (Entered: 02/14/2017)

03/08/2017

21 Certificate of Service by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc. (Johl,
Justin) (Entered: 03/08/2017)

03/08/2017

22 Certificate of Service by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc. (Johl,
Justin) (Entered: 03/08/2017)

03/09/2017
04/27/2017

Notice to Counsel: Discovery materials (and Certificates of Service) should not be filed with the
court unless they are related to a pending motion. Thank you. (lak) (Entered: 03/09/2017)
23 Motion to Admit Natalie Dodd Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2015336.) by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc. (Dodd,
Natalie) (Entered: 04/27/2017)

04/28/2017

24 ** TEXT ONLY ORDER **
ORDER granting 23 Motion to Admit Natalie Dodd Pro Hac Vice. Signed by Magistrate Judge
Peter A. Oppeneer on 4/28/2017. (lak) (Entered: 04/28/2017)

05/22/2017

25 MOTION FOR SUMMARY JUDGMENT by Defendants KC Proppants, LLC, Kaw Valley
Companies, Inc. Brief in Opposition due 6/12/2017. Brief in Reply due 6/22/2017. (Johl, Justin)
(Entered: 05/22/2017)

05/22/2017

26 Brief in Support of 25 Motion for Summary Judgment by Defendants KC Proppants, LLC, Kaw
Valley Companies, Inc. (Attachments:
# 1 Exhibit A - Complaint,
# 2 Exhibit B - Mining Lease Agreement,
# 3 Exhibit C - Ivan Pronschinske Deposition Testimony (Also see 30 .),
# 4 Exhibit D - Assignment of Lease,
# 5 Exhibit E - CUP Conditions,
# 6 Exhibit F - CUP Application,
# 7 Exhibit G - CUP Lapse-Notice,
# 8 Exhibit H - Tim Kates Affidavit (Also see 29 .),
# 9 Exhibit I - Beverly Pronschinske Deposition Testimony (Also see 31 .),
# 10 Exhibit J - Plaintiff Response to Defendant First Interrogatory,
# 11 Exhibit K - Termination Letter,
# 12 Exhibit L - Response to Termination Letter) (Johl, Justin) Modified on 5/23/2017: E-mail to
counsel re: refiling certain exhibits as separate docket entries. (lak) (Entered: 05/22/2017)

05/22/2017

27 Proposed Findings of Fact filed by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc.
re: 25 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Complaint,
# 2 Exhibit B - Mining Lease Agreement,
# 3 Exhibit C - Ivan Pronschinske Deposition Testimony (Also see 30 .),
# 4 Exhibit D - Assignment of Lease,
# 5 Exhibit E - CUP Conditions,
# 6 Exhibit F - CUP Application,
# 7 Exhibit G - CUP Lapse-Notice,
# 8 Exhibit H - Tim Kates Affidavit (Also see 29 .),
# 9 Exhibit I - Beverly Pronschinske Deposition Testimony (Also see 31 .),
# 10 Exhibit J - Plaintiff Response to Defendant First Interrogatory,
# 11 Exhibit K - Termination Letter,
# 12 Exhibit L - Response to Termination Letter) (Johl, Justin) Modified on 5/23/2017: E-mail to
counsel re: refiling certain exhibits as separate docket entries. (lak) (Entered: 05/22/2017)

05/22/2017

28 Certificate of Service by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc. as to 25
MOTION FOR SUMMARY JUDGMENT, 26 Brief in Support, 27 Proposed Findings of Fact.
(Johl, Justin) (Entered: 05/22/2017)

05/23/2017

29 Affidavit of Tim Kates filed by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc. re:
25 Motion for Summary Judgment (Johl, Justin) (Entered: 05/23/2017)

05/23/2017

30 Deposition of Ivan Pronschinske taken on 02/23/2017. (Johl, Justin) (Entered: 05/23/2017)

05/23/2017

31 Deposition of Beverly Pronschinske taken on 02/23/2017. (Johl, Justin) (Entered: 05/23/2017)

06/12/2017

32 Motion to Substitute Attorney by Plaintiff Pronschinske Trust Dated March 21, 1995. (Arndt,
Dan) Modified on 6/12/2017. (lak) (Entered: 06/12/2017)

06/12/2017

33 Disregard. See 39 . Modified on 6/13/2017. (lak) (Entered: 06/12/2017)

06/12/2017

34 Deposition of Tim Kates taken on 04-24-17. (Arndt, Dan) (Entered: 06/12/2017)

06/12/2017

35 Deposition of Dan Hays taken on 04-24-17. (Arndt, Dan) (Entered: 06/12/2017)

06/12/2017

36 Affidavit of Ivan Pronschinske filed by Plaintiff Pronschinske Trust Dated March 21, 1995 re: 25
Motion for Summary Judgment. (Arndt, Dan) (Entered: 06/12/2017)

06/12/2017

37 Proposed Findings of Fact filed by Plaintiff Pronschinske Trust Dated March 21, 1995 re: 25
Motion for Summary Judgment. (Arndt, Dan) (Entered: 06/12/2017)

06/12/2017

38 Certificate of Service by Plaintiff Pronschinske Trust Dated March 21, 1995. (Arndt, Dan)
(Entered: 06/12/2017)

06/13/2017

39 Brief in Opposition by Plaintiff Pronschinske Trust Dated March 21, 1995 re: 25 Motion for
Summary Judgment filed by Kaw Valley Companies, Inc., KC Proppants, LLC (Attachments:
# 1 Exhibit A - See 34 . (Excerpt of Tim Kate's Deposition),
# 2 Exhibit B - E-mail with Redline of Lease,
# 3 Exhibit C - See 35 . (Excerpt of Dan Hays Deposition),
# 4 Exhibit D - See 36 . (Affidavit of Ivan Pronschinske),
# 5 Exhibit E - Proposed Lease Amendment,
# 6 Exhibit F - County Road Upgrade and Maintenance Agreement,
# 7 Exhibit G - Plaintiff's Second Amended Response to Defendants' First Request for
Production of Documents to Plaintiff Pronschinske Trust Dated March 21, 1995) (Arndt, Dan)
Modified on 6/13/2017. (lak) (Entered: 06/13/2017)

06/13/2017

40 ** TEXT ONLY ORDER **
On June 12, 2017, plaintiff filed a "notice of substitution of counsel" (dkt. 32 ) in conjunction
with plaintiff's timely response to defendants' motion for summary judgment. At this stage in the
case, a party may substitute counsel only by leave of court. This court will grant leave with the
understanding that all dates in the current schedule remain in place. New counsel's timely filing
of plaintiff's response suggests that counsel is prepared to meet this requirement, so the
substitution is allowed. Signed by Magistrate Judge Stephen L. Crocker on 6/13/2017. (kwf)
(Entered: 06/13/2017)

06/13/2017

41 Notice of Appearance filed by Benjamin J Quackenbush for Plaintiff Pronschinske Trust Dated
March 21, 1995. (Quackenbush, Benjamin) (Entered: 06/13/2017)

06/19/2017

42 ** TEXT ONLY ORDER **
Plaintiff's response to Defendant's Proposed Findings of Fact in support of its motion for
summary judgment (Dkt. 37 ) fails to comply with this court's summary judgment procedure.
Plaintiff has until noon on June 23, 2017, in which to submit a response that complies with
Section II D. of the Procedure to be Followed on Motions for Summary Judgment, which is
attached to this court's pretrial conference order (Dkt. 10 ). Defendant's reply deadline is moved
from June 22 to July 6, 2017. Signed by Magistrate Judge Stephen L. Crocker on 6/19/2017.
(kwf) (Entered: 06/19/2017)

06/23/2017

43 Amended Proposed Findings of Fact filed by Plaintiff Pronschinske Trust Dated March 21, 1995
re: 25 Motion for Summary Judgment. (Arndt, Dan) (Entered: 06/23/2017)

06/23/2017

44 Response to Proposed Findings of Fact filed by Plaintiff Pronschinske Trust Dated March 21,
1995 re: 25 Motion for Summary Judgment. (Arndt, Dan) (Entered: 06/23/2017)

07/06/2017

45 Brief in Reply by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc. in Support of 25
Motion for Summary Judgment. (Johl, Justin) (Entered: 07/06/2017)

07/06/2017

46 Reply in Support of Proposed Findings of Fact filed by Defendants KC Proppants, LLC, Kaw
Valley Companies, Inc. re: 25 Motion for Summary Judgment. (Johl, Justin) (Entered:

07/06/2017)
07/06/2017

47 Response to Proposed Findings of Fact filed by Defendants KC Proppants, LLC, Kaw Valley
Companies, Inc. re: 25 Motion for Summary Judgment. (Johl, Justin) (Entered: 07/06/2017)

08/15/2017

48 OPINION AND ORDER granting 25 Motion for Summary Judgment. The clerk of court is
ordered to enter judgment for defendants and close this case. Signed by Magistrate Judge
Stephen L. Crocker on 8/15/2017. (kwf) (Entered: 08/15/2017)

08/15/2017

49 JUDGMENT entered in favor of Defendants KC Proppants, LLC, Kaw Valley Companies, Inc.
dismissing the case. (kwf) (Entered: 08/15/2017)

09/12/2017

50 Bill of Costs by Defendants KC Proppants, LLC, Kaw Valley Companies, Inc.. Motions referred
to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due 9/22/2017. Brief in Support
to Bill of Costs due 10/2/2017. Brief in Reply in Opposition to Bill of Costs due 10/10/2017.
(Barnett, Michael) (Entered: 09/12/2017)

09/12/2017

51 Declaration of Michael B. Barnett filed by Defendants KC Proppants, LLC, Kaw Valley
Companies, Inc. re: 50 Bill of Costs, (Attachments:
# 1 Exhibit A - Itemization of Costs,
# 2 Exhibit B - Civil Docket Report,
# 3 Exhibit C - Invoices re Transcripts,
# 4 Exhibit D - Invoices re Costs) (Barnett, Michael) (Entered: 09/12/2017)

09/13/2017

52 NOTICE OF APPEAL by Plaintiff Pronschinske Trust Dated March 21, 1995 as to 48 Order on
Motion for Summary Judgment, 49 Judgment. Filing fee of $ 505, receipt number 0758-2102309
paid. (Arndt, Dan) Modified on 9/13/2017. (lak) (Entered: 09/13/2017)

09/13/2017

53 Appeal Information Packet. (lak) (Entered: 09/13/2017)