Tracy et al v. Telemetrix et al
| Michael J. Tracy and Tracy Broadcasting Corporation |
| Gayle Becker, Larry Becker, William W. Becker, Becker Capital Management, LLC, Gary Brown, Convey Communications, Inc., Green Eagle Communications, Inc., Green Eagle Networks, Inc., John Doe Corporations, John and Jane Does and Telemetrix |
| 8:2012cv00359 |
| October 8, 2012 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| Stockholders Suits |
| 28 U.S.C. ยง 1441 Petition For Removal--Other Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
382
ORDER OF DISMISSAL - that the above-referenced matter is dismissed with prejudice, with each party to bear its own costs and fees. Judgment may be entered accordingly. Ordered by Senior Judge Richard G. Kopf. (KLF)
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Filing
381
MEMORANDUM AND ORDER - The Findings and Recommendation (Filing No. 380 ) is adopted. The parties' Stipulated Motion to Approve Settlement (Filing No. 372 ) is granted. The parties shall prepare and file for the court's consideration a proposed draft order and a proposed draft judgment disposing of this case on or before November 28, 2017. Ordered by Senior Judge Richard G. Kopf. (KLF)
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Filing
380
FINDINGS AND RECOMMENDATION to approve settlement. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
377
ORDER - This matter is referred to Magistrate Zwart to preside over the scheduled hearing and to issue a report and recommendation regarding the same. If there are no objections, Magistrate Zwart may issue her report and recommendation at her conveni ence any time after the hearing and before the normal rule time. If there are oral objections at the hearing or written objections filed no later than Monday, November 13, 2017, Magistrate Judge shall issue her report and recommendation after the running of the rule time. A record of the hearing shall be made by digital audio. Ordered by Senior Judge Richard G. Kopf. (KLF)
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Filing
375
ORDER - The parties' Stipulated Motion for an Order Regarding Notice and to Approve Settlement (Filing No. 372 ) is granted. Notice of the parties' settlement shall be made by publication in the Omaha World-Herald and Daily Recor d once per week for three (3) consecutive weeks, beginning with the week of September 25, 2017. The Plaintiff shall be responsible for twenty five percent (25%) and the Defendants shall be responsible for seventy-five percent (75%) of t he cost of publication. Said publication shall be in the form appearing in the electronic court file for this case at Filing No. [373-2]. Defendant Telemetrix's shareholders shall have thirty (30) days after the final week of publication to resp ond to the notice - specifically, all objections to the settlement shall be filed with the court on or before November 13, 2017. A hearing concerning approval of the settlement shall be held on Thursday, November 16, 2017, at 12:00 noon, before the undersigned United States district judge in Courtroom No. 2, Robert V. Denney United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Senior Judge Richard G. Kopf. (KLF)
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Filing
371
ORDER - The parties' jointly stipulated motion for an order regarding notice and to approve settlement, and any supporting documents or briefing, shall be filed on or before September 1, 2017. If the motion required under paragraph (1) of this o rder is not timely filed, a show cause hearing will be held before Cheryl R. Zwart, United States Magistrate Judge, in Courtroom 2, United States Courthouse, Lincoln, Nebraska, at 2:30 p.m. on September 12, 2017. All non-complying parties and their counsel shall be present in person at the show cause hearing; all others may appear by telephone provided they give prior notice to court by contacting my chambers at zwart@ned.uscourts.gov. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
321
MEMORANDUM AND ORDER - The plaintiff's motion for summary judgment 302 is denied without prejudice to refiling, subject to conditions. The plaintiff's motion 303 to restrict access to certain exhibits that have been filed in support of the motion for summary judgment and that are subject to the protective order 191 is granted. The defendants' joint motion 319 for an extension of time to file a response to the plaintiff's motion for summary judgment, and the plaintiff's objection thereto 320 , are denied as moot. The Clerk of Court shall send a copy of this memorandum and order to Magistrate Judge Zwart. Ordered by Senior Judge Richard G. Kopf. (Copies given as directed) (KLF)
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Filing
310
MEMORANDUM AND ORDER regarding pending motions. Rulings as stated. On or before November 30, 2015, the parties shall contact the undersigned Magistrate Judge's chambers and schedule a status conference to discuss further case progression deadlines. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
300
ORDER - IT IS ORDERED: The motion to permit Philip M. Kelly and Jerald L. Ostdiek, and the law firm of Douglas, Kelly, Ostdiek, Ossian, Broderick and Vogl, P.C., to withdraw as counsel of record for Defendants Telemetrix, Inc., William W. Becker, and Gary Brown, (filing no. 298 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
271
ORDER granting 254 motion to stay and/or amend progression schedule and setting motion filing and response deadlines. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
270
ORDER - IT IS ORDERED: On or before September 24, 2015, Plaintiffs shall file a brief or statement in support of their motion to restrict (Filing No. 259 ), which identifies: 1) the Filing No. 260 documents that should be filed of public record; 2) those documents which can be reasonably redacted (see Nebraska Civil Rule 5.3 (b)), along with a copy of the proposed redacted version; and 3) those documents which must be filed, in the totality, as restricted access documents along with an explanation of why confidentiality is necessary and redaction is not a reasonable option. On or before October 8, 2015, Defendants may respond to Plaintiffs' brief or statement filed in support of the motion to restrict, (Filing No. 259 ). Filing No. 260 (and its attachments) shall remain provisionally filed as a restricted access filing pending the court's ruling on the motion to restrict, (Filing No. 259 ). Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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Filing
253
ORDER that the parties' joint motion to amend 252 is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
251
MEMORANDUM AND ORDER - 1) Plaintiff's Motion for Reconsideration, (Filing No. 239 ) is granted.2) Plaintiff's Motion to Determine the Sufficiency of Answers to Requests for Admissions, (Filing No. 204 ) is granted in part and denied in part.3) On or before September 9, 2015, Defendants shall amend their respective responses to Plaintiff's requests for admission as set forth in this order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
237
MEMORANDUM AND ORDER that based on the parties' statements on remaining discovery disputes, (Filing No. 230, Filing No. 231), Plaintiffs' motion to determine the sufficiency of the defendants' answers to requests for admission, (Fi ling No. 204), is denied as moot. As to the plaintiffs' motion, (Filing No. 216), the GE defendants will be required to: a. On or before July 23, 2015, serve a written statement, signed under oath, which explains the efforts they have made to locate within their own files, or obtain from the bank, copies of the cancelled checks and deposit slips for the Becker Capital Management account at Wells Fargo Bank for 2006-2009, along with a statement of whether responsive documents could be located and were produced as a result of those efforts. b. Supplement their production of non-privileged emails responsive to Plaintiffs' discovery by July 20, 2015. As to the plaintiffs' motion, (Filing No. 215), the Telemetrix defend ants will be required to prepare a privilege log in compliance with this order, and shall serve that log on plaintiffs' counsel no later than July 31, 2015. Upon review of the filings, with the exception of Filing No. 217-39 (the Green Eagle 2011 Federal Income Tax Return), the plaintiffs' motion to restrict, (Filing No. 221), is denied. Filing No. 217-39 shall remain filed as a restricted access document. Plaintiffs' motion for sanctions is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
229
ORDER granting 228 Motion to Withdraw as Attorney. Daniel M. Donnelly is permitted to withdraw as counsel on behalf of Plaintiff. Ordered by Magistrate Judge Cheryl R. Zwart. (MLF, )
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Filing
211
ORDER - After conferring with counsel for the parties... Counsel for the parties shall thoroughly discuss the ongoing discovery issues, and after doing so, on or before May 28, 2015, they shall jointly submit a proposed amended scheduling order to the court. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
202
ORDER that the Motion to Withdraw counsel's motion to withdraw as Attorney for Defendants Telemetrix, Inc., William W. Becker and Gary Brown, (Filing No. 201), is granted. The motion to withdraw filed by Daniel K. Calisher, David S. Canter, and Brian C. Proffitt, and the law firm of Foster Graham Milstein & Calisher, LLP, (Filing No. 193), is withdrawn. The motion to withdraw filed by Philip M. Kelly and Jerald L. Ostdiek, and the law firm of Douglas, Kelly, Ostdiek and Ossian, P.C., (Filing No. 197), who serve as local counsel for Daniel K. Calisher, David S. Canter, and Brian C. Proffitt, and the law firm of Foster Graham Milstein & Calisher, LLP, is denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
198
ORDER granting 195 Motion to Amend Deadlines. The deadline for completing written discovery under Rules 33 through 36 of the Federal Rules of Civil Procedure is May 1, 2015. Motions to compel Rule 33 through 36 discovery must be filed by June 1, 2 015. The deadlines for complete expert disclosures for all experts expected to testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are: For the plaintiff(s): June 1, 2015, For the defendant(s): July 1, 2015.The Fact deposition deadline is June 19, 2015. Expert deposition deadline is July 17, 2015. The deadline for filing motions to exclude testimony on Daubert and related grounds is August 3, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
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Filing
191
STIPULATED PROTECTIVE ORDER regarding Motion for Protective Order 190 . Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
186
ORDER granting in part and denying in part 183 defendants' Motion to Extend. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
184
ORDER regarding MOTION to Extend Discovery Response Deadline 183 . On or before February 18, 2015, the plaintiffs shall file their response to the defendants' motion to continue the discovery response deadline, (Filing No. 183 ), in the absence of which the motion will be deemed unopposed, and will be granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
177
AMENDED FINAL PROGRESSION ORDER granting 174 Motion to Amend. Deadlines amended as stated in this order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
173
ORDER granting 172 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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Filing
155
ORDER that Attorney James Zimmerman has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Mr. Zimmerman is directed to pay the $20.00 fee or show cause why he is unable to do so. Show Cause Deadline set for 6/23/2014. Ordered by Chief Judge Laurie Smith Camp. (MTB)
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Filing
121
ORDER - IT IS ORDERED that Plaintiff shall have until June 10, 2013 to file a second amended complaint in accordance with the Memorandum and Order filed on April 11, 2013 at filing no. 117 . Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
106
MEMORANDUM AND ORDER - IT IS ORDERED: The plaintiff's motions, (Filing Nos. 102 and 104 ), are granted. The clerk is directed to issue amended summons for service of plaintiff's complaint upon: Gary Campbell 6490 West Desert Inn Road, Suite 101 Las Vegas, NV 89146 and Cytta Corp. Registered Agent: Nevada Processing Center, Inc. 6490 West Desert Inn Road Las Vegas, NV 89146. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
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