Lewton et al v. Divingnzzo et al

Plaintiff: William Lewton, Adrianne Stang, Jennifer Holtberg, Rob Formanek, Rita Watson and Tammy Jones
Defendant: Dianna Divingnzzo, Sam Divingnzzo, William Bianco, Christopher Perrone and Bianco, Perrone & Stroh, LLC
 
Case Number: 8:2009cv00002
Filed: January 2, 2009
 
Court: Nebraska District Court
Office: Other Statutory Actions Office
County: Sarpy
Presiding Judge: F. A. Gossett
 
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 18:2520 Interception of Electronic Communication

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
October 7, 2010 105 Featured Case ORDER granting 100 Third Joint Motion to Amend Order Setting Final Schedule for Progression of Case. The Final Progression Order (Doc. 49 , as amended by Docs. 76 & 98 ), is further amended as requested. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
November 2, 2010 110 Featured Case ORDER denying 108 Motion to Compel. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
November 17, 2010 113 Featured Case ORDER (Briefing Schedule) regarding MOTION TO OVERRULE PLAINTIFF'S OBJECTIONS TO SUBPOENAS BEING ISSUED FOR PATRICIA WICKS, CHRISTINE BACCARI, STEPHAINE PETERSON, AND LAYNE PREST AND BRIEF 112 filed by Sam M. Divingnzzo, Dianna Divingnzzo. Plaintiffs' response is due 11/30/2010 and shall include a brief in support of their objections to the proposed subpoenas and an evidence index containing copies of the subpoenas at issue. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
February 18, 2011 166 Featured Case MEMORANDUM AND ORDER - Divingnzzos' Amended Motion for Summary Judgment 133 is denied; The attorney defendants' motion for summary judgment 130 is granted as to Christopher Perrone and Bianco, Perrone & Stroh, LLC; Plaintiffs' Moti on for partial summary judgment 135 is granted as to the plaintiffs' claims under 18 U.S.C. § 2520(a). Pursuant to 18 U.S.C. § 2520(c)(2)(B), plaintiffs William Duane Lewton, Adrianne Stang, Jennifer Holtberg, Rob Formanek, Rita Wats on and Tammy Jones are each awarded statutory damages of $10,000 as against defendant Dianna Divingnzzo. Pursuant to 18 U.S.C. § 2520(c)(2)(B), plaintiffs William Duane Lewton, Adrianne Stang, Jennifer Holtberg, Rob Formanek, Rita Watson a nd Tammy Jones are each awarded statutory damages of $10,000 as against defendant Sam M. Divingnzzo. The court declines to award punitive damages under 18 U.S.C. § 2520(b)(2). Pursuant to 28 U.S.C. § 1367(c), this court declines to e xercise Supplemental Jurisdiction over the plaintiffs' state law claims. Plaintiffs' claims for violations of Neb. Rev. Stat. § 86-2,103 et seq., invasion of privacy, and mental suffering, are dismissed without prejudice to the plaint iffs seeking relief in state court. Plaintiffs' motion in limine 115 , Divingnzzos' Motion to Overrule Plaintiff's Objections to Subpoenas 112 and plaintiffs' Motion to Compel and for Discovery Order 156 are denied as moot. Pursuant to 18 U.S.C. § 2520(b)(3), the plaintiffs may recover "a reasonable attorney's fee and other litigation costs reasonably incurred" in the prosecution of their claims under the Federal Wiretap Act. Plaintiffs are granted leave to file a Motion for Attorney Fees, to be filed no later than 3/15/2011. The defendants shall respond within the time allowed by NECivR 7.0.1(b)(1)(B). A separate judgment will be entered after the matter of attorney's fees is decided.Ordered by Magistrate Judge F.A. Gossett. (CLS, )
March 16, 2011 176 Featured Case ORDER - Plaintiffs' Bill of Costs (Doc. 173 ) is hereby stricken, without prejudice to refiling in accordance with NECivR 54.1 after a final judgment has been entered. Ordered by Magistrate Judge F.A. Gossett. (GJG)
May 17, 2011 181 Featured Case MEMORANDUM AND ORDER - Dianna Divingnzzo and Sam Divingnzzo's Motion to Amend/Alter Judgment (filing 167 ) is denied. Plaintiffs' Motion for Attorney Fees and Costs (filing 174 ) is granted, in part, and denied, in part. Plaintiffs are awarded attorney's fees in the amount of $68,710.50 and costs in the amount of $6,217.12 against Defendants Dianna Divingnzzo and Sam Divingnzzo, for a total award of $74,927.62. Plaintiffs' request for attorney's fees as to Defendants William Bianco, Christopher Perrone and Bianco, Perrone & Stroh, LLC is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
May 26, 2011 183 Featured Case ORDER AND FINAL JUDGMENT pursuant to Memorandum and Order 166 - IT IS ORDERED: Judgment is hereby entered in favor of Plaintiffs William Duane Lewton, Adrianne Stang, Jennifer Holtberg, Rob Formanek, Rita Watson and Tammy Jones (collectively referr ed to herein as "Plaintiffs") against Defendants Dianna Divingnzzo, Sam M. Divingnzzo and William Bianco. Judgment is hereby entered in favor of Defendants Christopher Perrone and Bianco, Perrone & Stroh, LLC against Plaintiffs, providing that Plaintiffs take nothing and their complaint as to these defendants is dismissed with prejudice. Pursuant to 18 U.S.C. § 2520(c)(2)(B), Plaintiffs are each awarded statutory damages of $10,000.00 as against Defendant Dianna Divingnzzo. Pursuant to 18 U.S.C. § 2520(c)(2)(B), Plaintiffs are each awarded statutory damages of $10,000.00 as against Sam M. Divingnzzo. William Bianco is not assessed any statutory damages and punitive damages are not awarded in this matter. Judg ment is hereby entered in favor of Plaintiffs against Defendants Dianna Divingnzzo and Sam Divingnzzo, jointly and severally, for attorney's fees in the amount of $68,710.50 and costs in the amount of $6,217.12. Ordered by Magistrate Judge F.A. Gossett. (TEL)
October 15, 2009 29 Featured Case ORDER. The deadlines set in the original Initial Progression Order 15 are extended as requested in the Amended Report of Parties' Planning Conference 25 . The next status conference will be held on November 9, 2009 at 11:00 AM by telephone call initiated by counsel for the plaintiffs, as previously ordered. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
January 29, 2010 55 Featured Case ORDER granting 33 and 36 , Motions for direction on how to proceed, in that the plaintiffs are given until 8/31/2010 (the summary judgment motion deadline) to file a motion addressing all of their constitutional law challenges. Any such motion shall fully comply with all requirements of NECivR 7.0.1. Any issues raised in the motion, but not fully briefed at the time the motion is filed, will be deemed abandoned. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
April 21, 2010 74 Featured Case ORDER granting 65 plaintiff's Motion to Compel Discovery. Defendants, Dianna Divingnzzo and Sam Divingnzzo, have waived all objections to the interrogatories and Requests for Production of Documents that are the subject of this motion. Divin gnzzos are given until the close of business on 5/14/2010 to serve complete responses to all of the plaintiff's interrogatories and requests for production of documents. The responses must be signed and must, in all respects, comply with the re quirements of Fed. R. Civ. P. 33 and 34. Divingnzzos's amended responses to the document requests shall specifically indicate (a) whether responsive documents do or do not exist and (b) whether all responsive documents have been produced after a diligent and good faith effort to locate and identify responsive materials. Divingnzzos are given until 6/1/2010 to file a Response to this Memorandum and Order, showing cause why the plaintiffs should not be awarded reasonable costs and attorney's fees incurred in bringing this motion to compel, in accordance with Fed. R. Civ. P. 37(a)(4)(A). Show Cause deadline set for 6/1/2010. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
April 22, 2010 76 Featured Case ORDER granting 75 Motion to Amend. Deadlines regarding expert witnesses and motions in limine are extended, as requested, and the Final Progression Order 49 is amended accordingly. All other progression order deadlines remain in effect. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
April 28, 2010 82 Featured Case ORDER regarding Response 80 and Index, 81 filed by Sam M. Divingnzzo, Dianna Divingnzzo. Defendants, Dianna Divingnzzo and Sam Divingnzzo, have waived all objections to the Interrogatories and Requests for Production of Documents that are the su bject of plaintiffs' Motion to Compel 65 . Defendants, Dianna Divingnzzo and Sam Divingnzzo, are given until the close ofbusiness on 5/14/2010 to serve complete responses to all of the plaintiff's interrogatories and requests for producti on of documents. The supplemental responses must be signed and must, in all respects, comply with the requirements of Fed. R. Civ. P. 33 and 34. The Divingnzzos's amended responses to the document requests designated in plaintiffs' Motionto Compel 65 shall specifically indicate (a) whether responsive documents do or do not exist and (b) whether all responsive documents have been produced after a diligent and good faith effort to locate and identify responsive materials. Defendants, DiannaDivingnzzo and Sam Divingnzzo, shall file a Notice of Service, showing full compliance with paragraph 2 no later than 5/18/2010. Defendants, Dianna Divingnzzo and Sam Divingnzzo, are given until 6/1/2010to file a Response to this Order and the Memorandum and Order of April 21, 2010 74 showing cause why the plaintiffs should not be awarded reasonable costs and attorney's fees they incurred in bringing their motion to compel 65 , in accordance with Fed. R. Civ. P. 37(a)(4)(A). Ordered by Magistrate Judge F. A. Gossett. (CLS, )
June 29, 2010 94 Featured Case AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 92 Motion to Amend. Deposition deadline set for 9/15/2010. Final pretrial conference set for 12/16/2010 at 10:00 A.M. in chambers. The jury trial in Courtroom 6 before Magistrate Judge F. A. Gossett is set for 2/8/2011 at 9:00 A.M.Ordered by Magistrate Judge F. A. Gossett. (ARL, )
July 28, 2010 97 Featured Case ORDER denying 60 Divingnzzos' Motion for an order declaring statutes unconstitutional. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
September 8, 2010 98 Featured Case ORDER AMENDING PRETRIAL AND TRIAL DATES. On the court's own motion, the Pretrial Conference is rescheduled to 3/25/2011 at 09:30 AM in Chambers before Magistrate Judge F. A. Gossett. The Jury Trial is rescheduled to 4/13/2011 at 09:00 AM in Courtroom 6, Federal Building, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F. A. Gossett. All other deadlines set out in the court's Amended Order 94 remain in effect. Ordered by Magistrate Judge F.A. Gossett. (ARL, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Search for this case: Lewton et al v. Divingnzzo et al
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: William Lewton
Represented By: John A. Kinney
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Adrianne Stang
Represented By: John A. Kinney
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Jennifer Holtberg
Represented By: John A. Kinney
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Rob Formanek
Represented By: John A. Kinney
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Rita Watson
Represented By: John A. Kinney
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Tammy Jones
Represented By: John A. Kinney
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Dianna Divingnzzo
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sam Divingnzzo
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: William Bianco
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Christopher Perrone
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Bianco, Perrone & Stroh, LLC
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]