Harris, et al v. Velichkov, et al

Defendant: Oleg Velichkov, Nermin Doneski, Mickey's Trucking Express, Inc., Milco Doneski, Fedex National LTL, Inc. and Fresh Start, Inc.
Plaintiff: Kena Harris and Monica Nolan
Case Number: 8:2009cv00349
Filed: October 1, 2009
Court: Nebraska District Court
Office: 8 Omaha Office
County: Douglas
0 Judge:
Presiding Judge: Joseph F. Bataillon
Referring Judge: Thomas D. Thalken
Nature of Suit: Plaintiff
Cause of Action: 28:1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
November 28, 2011 101 Opinion or Order of the Court ORDER - IT IS ORDERED: The Joint Motion to Amend Scheduling Order (filing 100 ) is denied. The undersigned will, however, give Plaintiffs leave to amend their complaint so as to name a proper party plaintiff for the wrongful death cause of action. Plaintiffs must submit a proposed amended complaint, along with a formal motion to amend, on or before December 1, 2011. No other amendments to the complaint will be permitted. Ordered by Magistrate Judge F.A. Gossett. (TCL )
December 2, 2011 112 Opinion or Order of the Court ORDER - IT IS ORDERED: Plaintiffs' Motion for Leave to File an Amended Petition (filing 110 ) is denied. However, in accordance with this Court's November 28, 2011 order (filing 101 ), to the extent that Plaintiffs deem it necessary to am end their complaint so as to name a proper party plaintiff, they may do so. If Plaintiffs wish to amend for this limited purpose, they must submit a renewed motion to amend, along with a proposed amended complaint, on or before December 6, 2011. Ordered by Magistrate Judge F.A. Gossett. (TCL )
December 21, 2011 118 Opinion or Order of the Court ORDER - IT IS ORDERED: Rod Rehm's motion to withdraw as counsel for Plaintiffs Kenna Harris and Monica Nolan (filing 117 ) is granted. The Clerk shall terminate the appearance of Rod Rehm in this matter. The Clerk shall terminate future notices to Rob Rehm in this matter. Ordered by Magistrate Judge F.A. Gossett. (TCL )
February 16, 2012 137 Opinion or Order of the Court MEMORANDUM AND ORDER granting 136 Motion to Continue. Defendant FedEx National LTL, Inc.'s unopposed motion to continue, (filing no. 136 ), is granted. Motions in limine challenging the admissibility of expert testimony under Rule 702 shall be filed on or before May 14, 2012. All other deadlines in the progression order remain in effect. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 21, 2012 139 Opinion or Order of the Court ORDER ON PLAINTIFFS' MOTION FOR EXTENSION OF TIME - This matter is before the Court on the plaintiffs' unopposed motion for extension of time (filing 138 ) to file an opposition to the defendants Fed. R. Civ. P. 56(c)(2) objection (filing 133 ). The plaintiffs' motion is granted. The plaintiffs may file their brief in response on or before March 7, 2012, and the objecting defendant may then file a reply brief in support of the objection on or before March 19, 2012.Ordered by Judge John M. Gerrard. (TCL )
February 21, 2012 140 Opinion or Order of the Court MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED that the plaintiffs' objection, filing 113 , is overruled. Ordered by Judge John M. Gerrard. (TCL )
May 4, 2012 146 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED: FedEx's motion for summary judgment (filing 119 ) is granted in all respects. FedEx's Fed. R. Civ. P. 56(c)(2) objection (filing 133 ) is sustained. A separate judgment will not be entered at this time. Ordered by Judge John M. Gerrard. (TCL )
November 5, 2012 158 Opinion or Order of the Court MEMORANDUM AND ORDER - The motion to withdraw filed by Aristotle "Ari" N. Rodopoulosas, as counsel of record on behalf of the plaintiffs, (filing no. 157 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 19, 2013 164 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED: Although the matter of liens is still unresolved, this case is removed from the court's trial docket. The clerk shall set a case management deadline of March 15, 2013 to check on the status of the parties' dismissal documents. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
March 25, 2013 165 Opinion or Order of the Court MEMORANDUM AND ORDER - The parties reached settlement in the above captioned case on October 10, 2012. However, the parties have informed the court that negotiations of certain liens remain unresolved preventing the ultimate disposition of this case. Based on these representations,1) On or before March 27, 2013 the defendants shall deposit with the Clerk of the Court its monetary obligations for settlement of this case. Upon deposit of the aforementioned funds with the Clerk of the Co urt, the defendants shall immediately file notice with the Court indicating that the funds have been deposited. 2) Documentation of all outstanding liens, including negotiated lien amounts, must be filed with the court by the close of business o n March 27, 2013. All liens still being negotiated between the plaintiff's and any providers as of March 27, 2013 at 5:00 p.m. (CDT) may be set aside for separate litigation as necessary so that the plaintiffs have access to settle ment monies, the defendants are no longer subject to litigation in this case, and this case can be closed and removed from the court's docket.3) Plaintiff shall serve copies of this order on any outstanding lienholders, including, but not li mited to, TennCare. Plaintiff shall further file with this court proof of service of this order on the lienholders no later than March 26, 2013 at 12:00 p.m. (CST).4) Parties shall file their joint stipulation for dismissal or other dismissal paperwork no later than 5:00 p.m. (CDT) on March 28, 2013.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 29, 2013 169 Opinion or Order of the Court STIPULATION AND ORDER for release of funds for fees and expenses owed to Gary,Williams, Parenti, Watson & Gary, P.L., counsel for the Plaintiff, the Estate of Chaungene Ward. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
March 29, 2013 171 Opinion or Order of the Court SETTLEMENT CONFERENCE CLOSING STATEMENT: Outlining terms and judicial supervision for distribution of settlement funds. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
April 4, 2013 176 Opinion or Order of the Court ORDER Nunc Pro Tunc amending the court's Settlement Conference Closing Statement (Filing No. 171 ). Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
April 9, 2013 178 Opinion or Order of the Court SECOND ORDER Nunc Pro Tunc amending the court's Settlement Conference Closing Statement 171 . Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to Finance)(JAB)
April 29, 2013 181 Opinion or Order of the Court DISTRIBUTION ORDER. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) Modified on 4/29/2013 to reflect copy e-mailed to Finance. (JAB)
September 24, 2013 186 Opinion or Order of the Court DISTRIBUTION ORDER - IT IS ORDERED, the clerk of the court shall distribute the remaining settlement funds in the above-captioned case as set forth in this order. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to Finance)(TCL )
April 7, 2010 43 Opinion or Order of the Court ORDER - IT IS ORDERED that, on or before April 16, 2010, attorney Jock M. Smith shall register for the System or show cause by written affidavit why he cannot comply with the rules of the court. Failure to comply with this order may result in Mr. Smith's removal as counsel of record for the plaintiff.Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to attorney)(TCL )
October 25, 2010 62 Opinion or Order of the Court AMENDED ORDER SETTING PROGRESSION OF CASE - The parties' Joint Motion for Enlargement of Deadlines for Progression of Case (Filing No. 60 ) is granted. A telephone conference with the undersigned magistrate judge remains scheduled for January 1 0, 2011, at 10:00 a.m. Central Standard Time for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiffs' counsel shall initiate the call.Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
January 10, 2011 66 Opinion or Order of the Court ORDER - This matter is before the court following a telephone conference with counsel on January 10, 2011. Due to difficulty in arranging and completing depositions of various witnesses in Illinois and Florida, the previous schedule set forth in the Amended Order Setting Progression of Case (Filing No. 62 ), is canceled and will be rescheduled following a telephone conference with the court and counsel at 10:00 a.m. on March 31, 2011. Plaintiffs' counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
September 7, 2011 87 Opinion or Order of the Court THIRD AMENDED ORDER SETTING PROGRESSION OF CASE - IT IS ORDERED that the Plaintiffs' Unopposed Amendment to Plaintiffs' Motion for Extension of Time (# 86 ) is granted. Plaintiffs' motion (# 83 ) is denied as moot. IT IS FURTHER ORDERED that the provisions of the court's earlier, initial progression order remain in effect, and in addition to those provisions, the following shall apply as set forth in this order. Ordered by Magistrate Judge F.A. Gossett. (TCL )
October 11, 2011 90 Opinion or Order of the Court FINAL AMENDED ORDER SETTING PROGRESSION OF CASE - IT IS ORDERED that Plaintiffs' Unopposed Motion for Extension of Time (filing 89 ) is granted. IT IS FURTHER ORDERED that the provisions of the court's earlier, initial progression order re main in effect, and in addition to those provisions, the following shall apply as set forth in this Order. A telephone conference with the undersigned magistrate judge will be set following the ruling on the motion for summary judgment. Ordered by Magistrate Judge F.A. Gossett. (TCL )
November 22, 2011 98 Opinion or Order of the Court ORDER - IT IS ORDERED: Plaintiff's Unopposed Motion to Strike Pleading Number 92 (filing 97 ) is granted. Filing No. 92 is hereby stricken from the record. The Clerk shall modify the docket sheet so as to remove the listing of Ari N. Rodopoulos and Timothy Snively as Plaintiffs' counsel. No further notices shall be sent to Ari N. Rodopoulos and Timothy Snively in this matter. Ordered by Magistrate Judge F.A. Gossett. (TCL )

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Defendant: Oleg Velichkov
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Defendant: Nermin Doneski
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Defendant: Mickey's Trucking Express, Inc.
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Defendant: Milco Doneski
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Defendant: Fedex National LTL, Inc.
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Defendant: Fresh Start, Inc.
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Plaintiff: Kena Harris
Represented By: Rodney J. Rehm
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Plaintiff: Monica Nolan
Represented By: Rodney J. Rehm
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