Lange v. Hoskins et al
| Rick D. Lange |
| Charles W. Hoskins, KPMG LLP, James A. Laphen, Gilbert G. Lundstrom, Campbell R. McConnell and Eugene B. Witkowicz |
| 4:2012cv03148 |
| July 23, 2012 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| Stockholders Suits |
| 28 U.S.C. ยง 1334 ab Civil Proceeding (BK) |
| Plaintiff |
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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
122
ORDER - The 120 Joint Motion for Entry of Bar Order is GRANTED. Any objection to the Motion is DENIED in its entirety. The Trustee's request for entry of an order barring certain claims is GRANTED as set forth within the order. This Court shall retain jurisdiction to interpret and enforce the terms of this Order.Ordered by Senior Judge Richard G. Kopf. (MKR)
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Filing
117
ORDER that on or before October 20, 2014, and not less than once every 4 months thereafter, the parties shall each file a status report as previously directed by the court in its memorandum and order entered on April 21, 2014 111 . A party's failure to comply with this order may result in the imposition of sanctions. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
111
MEMORANDUM AND ORDER -The intervenor's motion for summary judgment (filing 90 -1) and any related filings are denied as moot. The magistrate judges findings, recommendation and order (filing 79 ) are adopted and sustained. The plaintiffs state ment of objections and request for oral argument (filing 81 ) are denied. The defendants motion to compel arbitration (filing 42 ) is granted, and this case is stayed; in all other respects, the motion is denied. The parties shall each file a status report, not less than once every 4 months, regarding the progress of their arbitration. Ordered by Senior Judge Richard G. Kopf. (MKR)
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Filing
101
ORDER granting 100 Stipulation. All proceedings on FDIC-R's motion for summary judgment (filing 90-1), and any related filings, are stayed until January 30, 2014. IT IS FURTHER ORDERED on the court's own motion that all proceedings on the following pending matters are also stayed until January 30, 2014: KPMG's motion to compel arbitration (filing 5); KPMG's amended motion to compel arbitration and motion to dismiss (filing 13); Trustee's motion to remand and abs tain (filing 30); KPMG's motion to compel arbitration and motion to dismiss (filing 42); Magistrate Judge's findings, recommendation, and order (filing 79); and KPMG's statement of objections (filing 81). Ordered by Senior Judge Richard G. Kopf. (ADB)
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Filing
99
ORDER granting 98 Stipulation TO STAY MOTION FOR SUMMARY JUDGMENT. All proceedings on FDIC-R's motion for summary judgment (filing 90-1), and any related filings, are stayed until January 10, 2014. IT IS FURTHER ORDERED on the court's own motion that all proceedings on the following pending matters are also stayed until January 10, 2014: KPMG's motion to compel arbitration (filing 5); KPMG's amended motion to compel arbitration and motion to dismiss (filing 13); Trus tee's motion to remand and abstain (filing 30); KPMG's motion to compel arbitration and motion to dismiss (filing 42); Magistrate Judge's findings, recommendation, and order (filing 79); and KPMG's statement of objections (filing 81). Ordered by Senior Judge Richard G. Kopf. (ADB, )
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Filing
97
ORDER granting 88 the parties' Joint Stipulation and all proceedings on FDIC-R's motion for summary judgment [90-1], and any related filings are stayed until 12/10/13. All proceedings on the following pending matters are also stayed until December 10, 2013: 1. KPMG's motion to compel arbitration 5 ; 2. KPMG's amended motion to compel arbitration and motion to dismiss 13 ; 3. Trustee's motion to remand and abstain 30 ; 4. KPMG's motion to compel arbitration and motion to dismiss 42 ; 5. Magistrate Judge's findings, recommendation, and order 79 ; and 6. KPMG's statement of objections 81 . Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
96
MEMORANDUM AND ORDER that the pretrial proceedings in Case Nos. 8:13CV168 and 4:12CV3148 are consolidated. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
87
MEMORANDUM AND ORDER that pursuant to the 85 Findings and Recommendation referral of this matter to the bankruptcy court is withdrawn and this action shall proceed in the district court. Ordered by Senior Judge Richard G. Kopf. (ADB)
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Filing
84
MEMORANDUM AND ORDER - This case is referred to the United States Bankruptcy Court for the District of Nebraska. This case shall be terminated for statistical purposes by the Clerk of the United States District Court for the District of Nebraska. The Clerk of the United States District Court for the District of Nebraska shall deliver the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
77
MEMORANDUM AND ORDER - Plaintiff's statement of objections (filing 69 ) is denied except to the extent noted in the foregoing memorandum. Plaintiff's request for oral argument is denied. The Magistrate Judge's order entered November 20, 2012 (filing 65 ), is sustained and shall not be disturbed. Plaintiff shall respond to the FDIC's complaint for declaratory judgment (filing 68 ) within 14 days. Ordered by Senior Judge Richard G. Kopf. (AOA)
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Filing
65
ORDER granting 39 Motion to Intervene. The FDIC shall file its proposed claim for declaratory relief on or before December 3, 2012.The FDICs response to the Motion to Compel Arbitration and Dismiss Plaintiffs First Amended Complaint 42 is due on or before December 10, 2012. Any reply shall be filed by December 20, 2012. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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Filing
62
ORDER regarding MOTION to Intervene 39 filed by Federal Deposit Insurance Corporation. On or before November 7, 2012 the plaintiff shall provide the court with a list of the respective officers and directors for TierOne Corporation and TierOne Bank from 2002 to 2010 including the dates the individuals served in such capacity and any committees on which the individuals served. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
50
MEMORANDUM AND ORDER - After conferring with the parties, 1) Any opposition to KPMG's motions to compel arbitration, (filing nos. 5 , 13 , and 42 ), and the FDIC's motion to intervene, (filing no. 39 ), shall be filed on or before S eptember 24, 2012. Any reply thereto shall be filed on before October 4, 2012.2) The deadline for responding to the plaintiff's motion to remand and to abstain, (filing no. 30 ), is continued. Any response to the motion for remand or to abs tain shall be filed on or before ten days following the court's (meaning the ruling of the district judge as and if required) ruling on KPMG's motions to compel arbitration and/or the FDIC's motion to intervene.3) The deadline for filing an answer or response to the plaintiff's complaint is continued. The Defendants' answer or other responsive pleading shall be filed within thirty (30) days after the court (including any ruling by the district judge as required) resolves plaintiff's motion to remand this case.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) Modified on 9/11/2012 to correct date of filing. (JAB)
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Filing
20
MEMORANDUM AND ORDER regarding pending motions: 1) Plaintiff and Individual Defendants motion to withdraw filing no. 18 , (filing no. 19 ) is granted in insofar as the CM/ECF text entry improperly identifies KPMG, LLP as a filing party and a pa rty seeking relief. The portion of the docket entry identifying KPMG, LLP as a party seeking relief shall be stricken. The motion to withdraw is denied in all other respects.2) To the extent Plaintiff and Individual Defendants have agreed that De fendants Charles W. Hoskins, Campbell R. McConnell, Gilbert G. Lundstrom, James A. Laphen and Eugene Witkowsicz shall have an extension of time in which to file their respective answers or other responsive pleading and that agreement is represented b y filing no. 18 , the stipulation for an extension is granted. The Individual Defendants' answer or other responsive pleading shall be due thirty (30) days after the court resolves Plaintiff's forthcoming motion to remand this case. The parties do not need to resubmit their Joint Motion to Extend. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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