SKYLINE POTATO COMPANY, INC., A Colorado Corporation, Plaintiff,
v.
TAN-O-ON MARKETING, INC. d/b/a TMI; a Colorado corporation with a principal place of business in New Mexico, HI-LAND POTATO COMPANY, INC., a Colorado corporation; GERALD R. ANDERSON, in his individual capacity and As Director/Shareholder of Tan-O-On Marketing Inc., JULIE A. ANDERSON, in her individual capacity and as Director/Shareholder of Tan-O-On Marketing Inc., MARK LOUNSBURY, in his individual capacity and as Director/Shareholder of Tan-O-On Marketing Inc., BILL METZ, in his individual capacity and As Director/Shareholder of Tan-O-On Marketing Inc., and CARL WORLEY, in his individual capacity, as Director/Shareholder of Tan-O-On Marketing Inc., and as Director/Shareholder Hi Land Potato Company, Defendants,
and FOLSON FARM CORPORATION, POTANDON PRODUCE, L.L.C., MART PRODUCE CORPORATION, BILLINGSLEY PRODUCE SALES, INC., ALSUM PRODUCE, INC., and PETERSON BROS. RIVER VALLEY FARMS, INC., Intervening Plaintiffs,
v.
TAN-O-ON MARKETING, INC. d/b/a TMI, and HI-LAND POTATO COMPANY, INC., Defendants,
and TAN-O-ON MARKETING, INC. d/b/a TMI; GERALD R. ANDERSON, JULIE A. ANDERSON, Third-Party Plaintiffs,
v.
HI-LAND POTATO COMPANY, INC.; and CARL WORLEY, RPE, INC. and RUSSELL WYSOCKI Third-Party Defendants.
United States District Court, D. New Mexico.https://leagle.com/images/logo.png
Gordon H. Rowe III , The Rowe Law Firm, P.C., Albuquerque, New Mexico, Attorneys for Defendants Mark Lounsbury and Bill Metz.
Shannon Robinson , Albuquerque, New Mexico, Attorney for Defendants and Third-Party Plaintiffs Tan-O-On Marketing Inc., Gerald Anderson, and Julie Anderson.
Justin P. Pizzonia , Gonzalez & Pizzonia LLC, Albuquerque, New Mexico, and Katy Koestner Esquivel , Meuers Law Firm, PL, Naples, Florida, Attorneys for Intervening Plaintiffs Folson Farm Corporation; Potandon Produce, L.L.C.; Mart Produce Corporation; Billingsley Produce Sales, Inc.; Alsum, Produce, Inc.; and Peterson Bros. River Valley Farms, Inc.
Benjamin F. Feuchter , William Spencer Reid , Keleher & McLeod, P.A., Albuquerque, New Mexico, Attorneys for Defendants and Third-Party Defendants RPE, Inc. and Russell Wysocki.
United States District Court, D. New Mexico.
MEMORANDUM OPINION AND ORDER
JAMES O. BROWNING, District Judge.
THIS MATTER comes before the Court on Tan-O-On Marketing, Inc.'s Motion to File Response out of Time, filed July 10, 2012 (Doc. 227)("Motion for Leave to Late File"). The Court held a hearing on July 12, 2012. The primary issue is whether the Court should grant Defendant Tan-O-On Marketing, Inc.'s request to file a response out of time to Defendants and Third...
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