Grand Electric, LLC v. International Brotherhood of Electrical Workers Local 265
| Grand Electric, LLC |
| International Brotherhood of Electrical Workers Local 265 |
| 4:2009cv03160 |
| July 27, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Lancaster |
| Richard G. Kopf (REFERRAL JUDGE) |
| David L. Piester |
| Warren K. Urbom |
| None |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
190
MEMORANDUM AND ORDER regarding pending motions: 1. the Dakotas Funds' motion to seal, (ECF No. 175 ), the Electrical Funds' motion to seal, (ECF No. 180 ), and Grand Electric's motion to seal, (ECF No. 184 ), are denied; 2. the Dako tas Funds' motion for attorney's fees, (ECF No. 176 ), is granted in part, and they are entitled to an award of attorney's fees and expenses totaling $27,818.69; 3. the Electrical Funds' motion for attorney's fees, (ECF No. 181 ), is granted in part, and they are entitled to an award of attorney's fees and expenses totaling $21,470.38; and 4. the Judgment will be amended to reflect these awards. Ordered by Senior Judge Warren K. Urbom. (JAB)
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Filing
171
ORDER continuing the pretrial conference and trial pending the court's review of the parties' anticipated motion for entry of judgment on stipulated facts. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
169
ORDER denying 155 Motion for Summary Judgment; The motion for summary judgment filed by Defendants Dakotas and Western Minnesota Health and Welfare Fund, Dakotas Areawide IBEW-NECA Savings & Retirement Plan, Trustees of the Dakotas and Western Minn esota Health and Welfare Fund, Trustees of the Dakotas Areawide IBEW-NECA Savings & Retirement Plan, IBEW 265 Vacation Fund, Trustees of the IBEW Local 265 Vacation Fund, Lincoln Electrical Joint Apprenticeship & Training Fund, Trustees of the Lincol n Electrical Joint Apprenticeship & Training Fund, and the National Electrical Benefit Fund, ECF No. 158 , is granted in part. These defendants are entitled to summary judgment in their favor on each of the plaintiffs claims, and they are entitled to summary judgment on their counterclaim for unpaid contributionsbut the specific amounts owed to them remain to be determined. Ordered by Senior Judge Warren K. Urbom. (EJL)
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Filing
163
ORDER granting 162 Motion to Seal. Defendant Dakotas Funds' Motion to Seal Document pursuant to Federal Rule 5.2(a), filing 162 , is granted in that limited access shall be given to Exhibit C of the Affidavit of Amanda R. Cefalu, Docket No. 160 . The clerk of the court shall restrict access to Exhibit C of the Affidavit of Amanda R. Cefalu, docket no. 160 , to only counsel of record in this case. Ordered by Senior Judge Warren K. Urbom. (JAB)
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Filing
147
ORDER that the Settlement Conference, set for February 10, 2011 at 9:00 a.m. is continued pending further order of the court. On or before February 24, 2011, the parties shall contact my chambers to reschedule the settlement conference. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
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Filing
146
MEMORANDUM AND ORDER - A settlement conference has been set for February 10, 2011 at 9:00 a.m. (Filing 145 ). All progression deadlines are stayed pending further order of the court. If the settlement conference does not result in settlement of this case, the parties will be ordered to propose new deadlines for progression of the case to final resolution. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Filing
145
MEMORANDUM AND ORDER that a Settlement Conference set for 2/10/2011 09:00 AM in Chambers before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB, )
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Filing
144
ORDER granting 143 Motion to Extend Requests for Production of Documents. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
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Filing
138
MEMORANDUM AND ORDER granting 133 Stipulation; denying as moot Motion for Leave to file an Amended Complaint 120 . Plaintiff's amended complaint and amended answers, drafted in accordance with the parties' stipulation, shall be filed by 12/10/2010. Defendants' answers to plaintiff's amended complaint are due 14 days after the amended complaint is filed. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
132
MEMORANDUM AND ORDER regarding 120 Motion for Leave to Amend. Pursuant to the telephonic conference held today, 1) The parties shall confer and attempt to resolve the pleading issues presented by plaintiff's motion to add a cause of action see king a refund for any and all fringe benefit contributions allegedly overpaid by Grand Electric to the Defendant Funds and the Defendant Trustees (see filing no. 120 ); 2) If the parties are able to resolve the pleading issues described in paragraph (1) of this order, on or before November 23, 2010, the parties shall file a joint stipulation for amendment or the plaintiff shall file an unopposed motion to amend the pleadings in accordance with the parties' agreement. 3) If no agreement is reached regarding the pleading issues described in paragraph (1) of this order, on or before December 1, 2010, the plaintiff shall file a reply brief addressing the substantive law arguments raised in the defendant's brief opposing plaintiff's motion to amend. 4) The motion to compel filed on behalf of Defendants Dakotas Funds, (filing no. 124 ), is granted as stated. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
130
MEMORANDUM AND ORDER granting the joint motion, filing 129 , for modification of the pretrial scheduling order. A jury trial is set to commence on April 25, 2011. The pretrial conference will be held before the undersigned magistrate judge on April 14, 2011, at 10:00 a.m. One hour is allocated to this conference. The discovery and deposition deadline, and the deadline for filing motions to compel, is January 15, 2011. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG, )
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Filing
119
MEMORANDUM AND ORDER granting 117 Motion to Extend Jury Trial set for 2/28/2011 before Senior Judge Warren K. Urbom. Pretrial Conference set for 2/3/2011 at 09:00 AM in Chambers before Magistrate Judge Cheryl R. Zwart. The deadline for disclosure of experts and, unless otherwise agreed, the deadline for the provision of expert reports is: For the plaintiffs: October 1, 2010. For the defendant: November 1, 2010. The discovery and deposition deadline, and the deadline for filing motions to compel, is November 15, 2010. The deadline for filing motions to dismiss, motions for summary judgment or motions to exclude expert testimony on Daubert and related grounds is November 26, 2010. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB, )
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Filing
118
ORDER denying 110 Local 265's Motion for Reconsideration. Ordered by Senior Judge Warren K. Urbom. (EJL)
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Filing
115
ORDER granting in part and denying in part 114 Stipulated Protective Order. Accepted as filed with modifications to paragraphs two (2) and six (6). Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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Filing
109
ORDER Grand Electric is entitled to summary judgment on its claim that its obligation to continue making benefit contributions pursuant to the Agreements ends on the Agreements termination dates; in all other respects, my ruling on Grand Electrics mo tion for summary judgment, filing 70 , is deferred until the defendants have had an adequate opportunity to complete discovery; the defendants motions to continue, filings 83 and 92 , are granted; and Local 265s motion for summary judgment, filing 89 , is denied. Ordered by Senior Judge Warren K. Urbom. (EJL)
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Filing
98
ORDER granting 97 Natalie W. Kohner's Motion to Withdraw as Attorney. Anderson, Helgen, Davis & Nissen and its attorney Amanda R. Cefalu remain counsel of record for defendants Dakotas & Western Minnesota Electrical Health & Welfare Fund, Dakotas Areawide IBEW-NECA Savings and Retirement Plan, Trustees of Dakotas & Western Minnesota Electrical Health & Welfare Fund and Trustees of Dakotas Areawide IBEW-NECA Savings and Retirement Plan. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
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Filing
59
ORDER denying 36 Motion to Dismiss; denying 39 Motion to Dismiss; and denying 46 Motion to Dismiss. Ordered by Senior Judge Warren K. Urbom. (EJL)
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Filing
55
ORDER holding in abeyance the ruling on the Motions to Dismiss, filings 36 , 39 and 46 until the final resolution of the defendants' motions to dismiss, in accordance with the schedule for supplemental briefing outlined in the memorandum accompanying this order, the parties have had an opportunity to file supplemental briefs. Ordered by Senior Judge Warren K. Urbom. (EJL)
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Filing
50
ORDER granting 49 Motion for Leave to File Sur-Reply. The Sur-Reply shall be filed and served forthwith.Ordered by Senior Judge Warren K. Urbom. (EJL)
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Filing
32
ORDER - The unopposed motion for extension of time filed by Defendants International Brotherhood of Electrical Workers, Local 265; International Brotherhood of Electrical Workers Local Union No. 265 Vacation Fund; and Trustees of International Brothe rhood of Electrical Workers Local Union No. 265 Vacation Fund, (filing no. 31 ), is granted, and these defendants are given until October 15, 2009 to answer or otherwise respond to the plaintiff's complaint for declaratory judgment.Ordered by Judge Richard G. Kopf. (GJG)
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| Plaintiff: Grand Electric, LLC | |
| Represented By: | Adam J. Prochaska |
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| Defendant: International Brotherhood of Electrical Workers Local 265 | |
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