Intern. Casings Group v. Premium Standard Farms, No. 04-1081-CV-W-NKL.
Decision Date | 09 February 2005 |
Docket Number | No. 04-1081-CV-W-NKL. |
Citation | 358 F.Supp.2d 863 |
Parties | INTERNATIONAL CASINGS GROUP, INC., Plaintiff, v. PREMIUM STANDARD FARMS, INC., Defendant. |
Court | U.S. District Court — Western District of Missouri |
Andrew J. Enschede, Howard K. Jeruchimowitz, Paul Del Aguila, Paul T. Fox, Greenberg, Traurig, LLP, Chicago, IL, Michael P. Joyce, Van Osdol, Magruder, Erickson & Redmond, Kansas City, MO, for Plaintiff.
Kevin D. Mason, Todd W. Ruskamp, Shook Hardy & Bacon LLP, Kansas City, MO, for Defendant.
Pending before the Court is Plaintiff International Casing Group's ("ICG") Motion for Preliminary Injunction [Doc. # 8]. For the reasons set forth below, the Court grants ICG's Motion.
Defendant Premium Standard Farms ("PSF") is a pork producer that has sold its hog casings to ICG for over six years. The two PSF facilities that supply their hog casings to ICG are located in Milan, Missouri ("Milan facility"), and Clinton, North Carolina ("Clinton facility"). ICG has its own equipment and employees on site at the Clinton and Milan facilities to harvest and process the casings.
Prior to May 2002, PSF and ICG had long term output contracts for both facilities. In May 2002, PSF and ICG terminated these contracts. However, the parties continued performing under the terms of their contracts, and in June 2002, they resumed negotiations regarding new terms for both facilities. The parties negotiated a myriad of issues, including, but not limited to, an electrical room that needed re-wiring at the Clinton facility, pricing adjustments related to quality control issues (frequently referred to as the bloody guts issue) and a blower pipe at the Clinton facility. Many of these negotiations occurred via e-mail between the parties and both entities consistently relayed negotiation terms and positions to one another via electronic correspondence. The negotiations were protracted.
In early 2004, Kent Pummill ("Pummill") represented PSF in its negotiations with ICG and Tom Sanecki ("Sanecki") represented ICG. In a series of e-mails from March and April 2004, Pummill and Sanecki discussed several open issues. Because of the importance of these e-mails, the Court includes them verbatim. All of the following e-mails were sent in 2004. The Court did not include the discussions about mucosa and these redactions are noted. Additionally, the Court did not include a series of three e-mails from May 19-21, 2004, regarding an unpaid invoice by ICG. See Pl.Ex. 32-33.
To continue reading
Request your trial-
Gillis v. Wells Fargo Bank, N.A.
... ... at 1965). The plausibility standard does not impose a probability requirement at the ... ); Cloud, 314 F.3d at 29596; Int'l Casings Grp., Inc. v. Premium Standard Farms, Inc., 358 ... ...
-
Parish Transp. LLC v. Jordan Carriers Inc.
... ... an electronic signature under the UETA." STANDARD OF REVIEW 15. "This Court employs a de novo ... in such communications, Int'l Casings [ Grp., Inc. v. Premium Standard Farms, Inc. ], ... 2012) ; Tricon Energy, Ltd. v. Vinmar Intern., Ltd. , No. 4:10-CV-05260, 2011 WL 4424802, at ... ...
-
Budco Fin. Servs. v. VSC Now LLC
... ... II ... Standard ... For the ... See ... Int'l Casings Grp., Inc. v. Premium Standard Farms, ... ...
-
Brawner v. Educ. Mgmt. Corp.
... ... 10 1. Legal Standard: Rule 12(b)(1) Motion to Dismiss for Lack of ... See International Casings Group, Inc. v. Premium Standard Farms, Inc. , 358 ... ...