Growth Technologies, LLC v. Tri-State Spraying Services, Inc. et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GROWTH TECHNOLOGIES, LLC,
Plaintiff,
vs.
TRI-STATE SPRAYING SERVICES,
INC., PROLIFIC AG RB3, LLC, ROBERT
J. KLIESEN, LAURA KLIESEN, BRIAN
LAVICKY, BRYAN FRENCH, and KYLE
OLSON,
Defendants.
4:25CV3237
ORDER
This matter is before the Court pursuant to the parties’ joint status report.
Filing No. 43. The parties advise they reached a partial settlement that will resolve
all the claims except for Count XII of the Complaint against Defendant Tri-State
Spraying Services, Inc. The parties also advise they agreed to a Permanent
Injunction. Finally, the parties submitted a Rule 26(f) report addressing case
management for Count XII. Filing No. 44.
Accordingly,
IT IS ORDERED:
1) On or before January 23, 2026, the parties shall electronically file a joint
stipulation for dismissal (or other dispositive stipulation) and/or the
agreed-upon Permanent Injunction that will fully dispose of all claims
4:25-cv-03237-JMD Doc # 48 Filed: 01/06/26 Page 1 of 2 - Page ID # <pageID>

2
except Count XII of the Complaint against Defendant Tri-State Spraying
Services, Inc.
2) The Court will enter a separate Final Progression Order pertaining to
Count XII of the Complaint. Since the parties have conferred pursuant to
Rule 26(f), Plaintiff’s Motion for Expedited Discovery, Filing No. 14, is
denied as moot.
3) Absent compliance with this Order, all claims except Count XII of the
Complaint (including all counterclaims and the like) may be dismissed
without further notice.
Dated this 6th day of January, 2026.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
4:25-cv-03237-JMD Doc # 48 Filed: 01/06/26 Page 2 of 2 - Page ID # <pageID>