Moyle v. Clarke et al

Plaintiff: William J. Moyle
Defendant: Roger T. Clarke and Concrete Industries, Inc.
Case Number: 8:2012cv00434
Filed: December 19, 2012
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Lyle E. Strom
Referring Judge: Thomas D. Thalken
Nature of Suit: Motor Vehicle
Cause of Action: 28:1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
January 30, 2014 107 Opinion or Order of the Court ORDER that defendants' oral motions to dismiss are denied. Plaintiff's oral motion for directed verdict and his motion for a decision that Mr. Clarke violated the rules of the road when turning right made at the close of plaintiff's case in chief are denied. Ordered by Senior Judge Lyle E. Strom. (ADB)
April 16, 2014 141 Opinion or Order of the Court ORDER granting 140 Motion to Extend. Defendants may have until 5/1/14 to file a reply brief. Ordered by Senior Judge Lyle E. Strom. (JSF)
May 2, 2014 146 Opinion or Order of the Court ORDER that the plaintiff's 142 Motion for Leave to file corrections to brief is granted. Said brief is deemed filed instanter. Ordered by Senior Judge Lyle E. Strom. (ADB)
May 22, 2014 147 Opinion or Order of the Court MEMORANDUM OPINION - Moyle's domicile was Nebraska in December 2012, and the Court lacks subject matter jurisdiction. Accordingly, the judgment of the Court (Filing No. 108 ) will be set aside and the Court will dismiss the action pursuant to F ederal Rule of Civil Procedure 12(h)(3). See In re Prairie Island Dakota Sioux, 21 F.3d 302, 304 (8th Cir. 1994) (citing Bueford v. Resolution Trust Corp., 991 F.2d 481, 485 (8th Cir. 1993); Fed. R. Civ. Pro. 12(h)(3)). The Court does not address the alternative arguments for new trial or remittitur. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (GJG)
May 22, 2014 148 Opinion or Order of the Court ORDER AND JUDGMENT - Pursuant to the memorandum opinion entered herein this date, filing 147 , IT IS ORDERED: Defendants' motion for relief from judgment for lack of subject matter jurisdiction (Filing No. [124) is granted. The judgment in the amount of $19,607,486.00 (Filing No. 108 ) is set aside. Ordered by Senior Judge Lyle E. Strom. (GJG)
July 2, 2014 159 Opinion or Order of the Court ORDER granting 158 Motion to Extend time to file opposition brief to MOTION to Set Aside Judgment (Rule 59(e) Motion to Alter or Amend Judgment) 155 . Defendants shall have until July 18, 2014 to file their brief. Ordered by Senior Judge Lyle E. Strom. (KMG)
February 26, 2013 15 Opinion or Order of the Court ORDER - Scheduling Conference set for 3/29/2013 09:30 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 16, 2014 163 Opinion or Order of the Court ORDER granting 149 Motion for Release of Bond Obligation in its entirety. This matter is stayed pending the filing of dismissal papers. If not submitted on or before August 29, 2014, the parties shall file a written status report on or before September 5, 2014. Ordered by Senior Judge Lyle E. Strom. (KMG)
September 19, 2014 165 Opinion or Order of the Court ORDER granting 164 Motion to Dismiss; this action is dismissed with prejudice, each party to pay their own costs. All other pending motions are denied as moot. Ordered by Senior Judge Lyle E. Strom. (ADB)
June 7, 2013 22 Opinion or Order of the Court ORDER - IT IS ORDERED: Plaintiff's motion to extend deadlines (Filing No. 20 ) is granted. Expert disclosure deadlines are extended as delineated in plaintiff's motion. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 10, 2013 25 Opinion or Order of the Court ORDER that plaintiff's motion to amend pleadings 23 is granted. Plaintiff shall file his amended complaint on or before July 26, 2013. Ordered by Senior Judge Lyle E. Strom. (JSF)
July 10, 2013 26 Opinion or Order of the Court AMENDED ORDER that plaintiff's motion to amend pleadings 23 is granted. Plaintiff shall file his amended complaint on or before July 26, 2013. Ordered by Senior Judge Lyle E. Strom. (JSF)
August 30, 2013 57 Opinion or Order of the Court ORDER granting 43 Motion to Intervene. The complaint to intervene shall be filed on or before September 6, 2013. Ordered by Senior Judge Lyle E. Strom. (ADB)
September 23, 2013 68 Opinion or Order of the Court ORDER - After review of the objections noticed in the trial deposition of Tom Wilmot, the objections are overruled or sustained as noted in this order. When objections have been sustained, the question in connection with those objections shall be deleted from the video deposition. When objections are overruled, those objections should also be deleted. Ordered by Senior Judge Lyle E. Strom. (JSF)
September 24, 2013 75 Opinion or Order of the Court ORDER that after review of the objections noticed in the trial deposition of Gary Boone, the objections are overruled or sustained as noted in the order. When objections have been sustained, the question in connection with those objections shall be deleted from the video deposition. When objections are overruled, those objections should also be deleted. Ordered by Senior Judge Lyle E. Strom. (JSF)
September 24, 2013 76 Opinion or Order of the Court ORDER that after review of the objections noticed in the trial deposition of Craig Neemann, the objections are overruled or sustained as noted in the order. When objections have been sustained, the question in connection with those objections shall be deleted from the video deposition. When objections are overruled, those objections should also be deleted. Ordered by Senior Judge Lyle E. Strom. (JSF)
September 24, 2013 77 Opinion or Order of the Court ORDER denying 63 motion to exclude the defendants' experts. Ordered by Senior Judge Lyle E. Strom. (JDR)
September 25, 2013 81 Opinion or Order of the Court ORDER that after review of the objections noted in the trial deposition of Roger Clark, the objections are overruled or sustained as noted in the order. When objections have been sustained, the question in connection with those objections shall be deleted from the video deposition. When objections are overruled, those objections should also be deleted. Ordered by Senior Judge Lyle E. Strom. (ADB)
September 26, 2013 84 Opinion or Order of the Court ORDER denying 61 motion in limine. Ordered by Senior Judge Lyle E. Strom. (JDR)

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Plaintiff: William J. Moyle
Represented By: Joseph P. Cullan
Represented By: Patrick J. Cullan
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Defendant: Roger T. Clarke
Represented By: Terry C. Dougherty
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Defendant: Concrete Industries, Inc.
Represented By: Terry C. Dougherty
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