FA ND Chev, LLC et al v. Kupper et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
FA ND CHEV, LLC and FA ND SUB, 	)
LLC, 	)
) 	ORDER
Plaintiffs, 	)
)
v. 	)
)
Robert Kupper; Bismarck Motor Company; 	)
and BMC Marine LLC d/b/a Moritz Sport 	)
& Marine, 	)
) 	Case No. 1:20-cv-138
Defendants. 	)
__________________________________________)
)
BAPTKO, Inc., 	)
)
Plaintiff and Counterclaim 	)
Defendant, 	)
)
v. 	)
)
Foundation Automotive Corp., an Alberta 	)
Corporation, FA ND CHEV, LLC, and 	)
FA ND SUB, LLC, 	)
)
Defendants and Counterclaimants. 	)
The court held an omnibus hearing December 6 and 7, 2023 to address the Parties’ pending
Motions. The court now ORDERS:
(1) 	Plaintiffs FA ND CHEV, LLC AND FA ND SUB, LLC’s motion to reopen
discovery (Doc. No. 276) is DENIED for the reasons articulated on the record at the
close of the omnibus hearing. 	Plaintiffs FA ND CHEV, LLC AND FA ND SUB,
LLC's request for an expedited ruling on this motion is deemed MOOT.
(2) 	Defendant and Counterclaimaints Foundation Automative Corp., FA ND CHEV,
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LLC, and FA ND SUB, LLC’s motion to extend the non-dispositive motion deadline
(Doc. 292) is deemed MOOT at it was withdrawn in open court during the course
of the omnibus hearing.
(3) 	BAPTKO, Inc. and Robert Kupper’s motion to dismiss inventory claim and for
sanctions pursuant to Federal Rules of Civil Procedure 26, 37(c)(1), and 37(b)(2)
(Doc. No. 295) is DENIED for the reasons articulated on the record at the close of
the omnibus hearing.
(4) 	BAPTKO Inc.’s motion to compel discovery and to extend the discovery deadlines
(Doc. No. 300) is DENIED for the reasons articulated on the record at the close of
the omnibus hearing.
(5) 	Foundation Automotive Corp., FA FA ND CHEV, LLC, AND FA ND SUB, LLC’s
motion sanctions (Doc. No. 303) is DENIED for the reasons articulated on the
record at the close of the omnibus hearing.
(6) 	Foundation Automotive Corp., FA FA ND CHEV, LLC, AND FA ND SUB, LLC's
motion for leave to file under seal (Doc. No. 310) is DENIED.
(7) 	BAPTKO, Inc. and Robert Kupper’s motion for leave to file under seal (Doc. No.
324) is DENIED.
Dated this 11th day of December, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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