KANSAS CITY – Bimbo Foods Bakeries removed a distribution disagreement case on Sept. 14 from a Missouri Circuit Court to the U.S. District Court for the Western District of Missouri because alleged damages exceed $75,000 and not all parties are Missouri residents.
Hustle Industries and Robert Holcomb are suing Bimbo Foods Bakeries Distribution and Bimbo Bakeries over a distribution dispute involving the wrongful conversion routes for distributing product, interference with business and breach of contract.
The suit was originally in the Missouri Circuit Court, Sixteenth Judicial Circuit Court, on Aug. 15. Bimbo Foods Bakeries Distribution and Bimbo Bakeries are now requesting the case to be moved to district court.
Bimbo believes that the U.S. District Court should have jurisdiction because the distribution controversy is a civil matter exceeding $75,000 and all parties do not reside within Missouri.
The U.S. Code, Title 28 states that the U.S. District court has jurisdiction over the circuit court because of the high amount of damages and the parties have residency in differing states.
Hustle Industries and Holcomb both reside in Missouri. Hustle Industries has its principal place of business in Missouri.
Bimbo Foods Bakeries and Bimbo Bakeries has its principal place of business in Pennsylvania but were organized in Delaware.
Teamsters Local 955 and five unnamed John Doe plaintiffs are involved in the suit, both alleging interference in business by Bimbo Foods Bakeries and Bimbo Bakeries.
Teamsters Local 955 and the John Doe plaintiffs are citizens of Missouri and also employees of Bimbo; however both have been disregarded in removal in accordance of the U.S. Code.
Bimbo is known for breads, sweet rolls, doughnuts, muffins and cereal bars. Some of their most popular brands include Sara Lee, Thomas, Orowheat, Boboli, Ball Park and Nature's Harvest.