West Plains, L.L.C. v. Retzlaff Grain Company Incorporated, et al
Plaintiff: West Plains, L.L.C. doing business as CT Freight Company
Defendant: Bryce Wells, Thomas Danner, Cindy Scholting, Rebecca Danner, Crystal Konecky, Drew Waggoner, Samantha Rhone, Jody May, Chad Needham, Todd Payzant, Jeffrey Bradley and Retzlaff Grain Company Incorporated doing business as RFG Logistics
Case Number: 8:2013cv00047
Filed: February 8, 2013
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
Referring Judge: FA Gossett
Nature of Suit: Personal Property: Other
Cause of Action: 15 U.S.C. § 1051
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2018 Opinion or Order Filing 259 ORDER that the Joint Motion of the Plaintiffs and Defendants to Discharge the Supersedeas Bond, ECF No. #257 , is granted. Supersedeas Bond Number 106288703 (the "Bond") in the amount of $1,600,000, ECF No. #223 , is hereby released. Travelers is hereby released from any and all past, present and future liability arising under or in connection with the Bond. The Clerk of the Court is directed to release the Bondfor immediate return to Travelersto: Brent Meyer, Esq., Husch Blackwell LLP, 13330 California Street, Suite 200 Omaha, NE 68154. Ordered by Chief Judge Laurie Smith Camp. (Emailed Copy to Finance)(LAC)
January 9, 2018 Filing 258 SATISFACTION OF JUDGMENT regarding Judgment,,,, #215 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
January 9, 2018 Filing 257 JOINT STIPULATION regarding Bond #237 TO DISCHARGE SUPERSEDEAS BOND by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
December 1, 2017 Filing 256 MANDATE from USCA - 8th Circuit (16-2650) - In accordance with the opinion and judgment of 08/30/2017, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (LAC)
November 16, 2017 Filing 255 COPY of Order from USCA - 8th Circuit (16-2650) - The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. (JAB)
August 30, 2017 Filing 254 COPY of Opinion of USCA - 8th Circuit, Appellate Docket Number 16-2650 - We affirm in all respects. (Attachments: #1 West Publishing Letter, #2 Letter by Clerk from USCA-8th Circuit)(LAC)
September 12, 2016 Opinion or Order Filing 253 TEXT ORDER granting #252 Plaintiff's Motion to Strike. Plaintiff's Unopposed Motion for Extension of Time to File Appellee's Brief #251 is stricken as it was filed in error in the incorrect court. Ordered by Magistrate Judge F.A. Gossett. (SMN)
September 9, 2016 Filing 252 MOTION to Strike UNOPPOSED MOTION to Extend TIME TO FILE APPELLEE'S BRIEF #251 by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
September 9, 2016 Filing 251 UNOPPOSED MOTION to Extend TIME TO FILE APPELLEE'S BRIEF by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
July 20, 2016 Filing 250 DESIGNATED CLERK'S RECORD sent to USCA - 8th Circuit (16-2650) regarding Notice of Appeal to USCA #230 . (KLF)
July 14, 2016 Filing 249 SUPPLEMENT TO USCA RECORD (Flood, Patrick)
June 23, 2016 Filing 248 TRANSCRIPT (UNREDACTED) - Master Index of Volumes I through VIII, appeal transcripts. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (BLF) Modified on 9/22/2016 to remove the restricted language from the docket text (KLF).
June 23, 2016 Filing 247 TRANSCRIPT (UNREDACTED) of Vol. VIII - jury trial proceedings before Chief Judge Laurie Smith Camp held on January 29, 2016. Pages 1226 through 1233. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (BLF) Modified on 9/22/2016 to remove the restricted language from the docket text (KLF).
June 23, 2016 Filing 246 TRANSCRIPT (UNREDACTED) of Vol. VII - jury trial proceedings before Chief Judge Laurie Smith Camp held on January 27, 2016. Pages 1163 through 1225. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (BLF) Modified on 9/22/2016 to remove the restricted language from the docket text (KLF).
June 23, 2016 Filing 245 TRANSCRIPT (UNREDACTED) of Vol. VI - jury trial proceedings before Chief Judge Laurie Smith Camp held on January 26, 2016. Pages 966 through 1162. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (BLF) Modified on 9/22/2016 to remove the restricted language from the docket text (KLF).
June 23, 2016 Filing 244 TRANSCRIPT (UNREDACTED) of Vol. V - jury trial proceedings before Chief Judge Laurie Smith Camp held on January 25, 2016. Pages 710 through 965. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (BLF) Modified on 9/22/2016 to remove the restricted language from the docket text (KLF).
June 23, 2016 Filing 243 TRANSCRIPT (UNREDACTED) of Vol. IV - jury trial proceedings before Chief Judge Laurie Smith Camp held on January 22, 2016. Pages 500 through 709. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (BLF) Modified on 9/22/2016 to remove the restricted language from the docket text (KLF).
June 23, 2016 Filing 242 TRANSCRIPT (UNREDACTED) of Vol. III - jury trial proceedings before Chief Judge Laurie Smith Camp held on January 21, 2016. Pages 269 through 499. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (BLF) Modified on 9/22/2016 to remove the restricted language from the docket text (KLF).
June 23, 2016 Filing 241 TRANSCRIPT (UNREDACTED) of Vol. II - jury trial proceedings before Chief Judge Laurie Smith Camp held on January 20, 2016. Pages 29 through 268. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (BLF) Modified on 9/22/2016 to remove the restricted language from the docket text (KLF).
June 23, 2016 Filing 240 TRANSCRIPT (UNREDACTED) of Vol. I - jury trial proceedings before Chief Judge Laurie Smith Camp held on January 19, 2016. Pages 1 through 28. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (BLF) Modified on 9/22/2016 to remove the restricted language from the docket text (KLF).
June 10, 2016 Filing 239 SCHEDULING LETTER from USCA - 8th Circuit (16-2650) as to Notice of Appeal to USCA, #230 . Transcript Designation set for 7/20/2016. (Attachments: #1 Transmittal Letter)(GJG)
June 10, 2016 Filing 238 REQUEST FOR TRANSCRIPT for proceedings held on 1/19/16 - 1/27/16 before Chief Judge Laurie Smith Camp regarding Minutes, Filing 197 Jury Trial - Held,, 201 Jury Trial - Held,,, 195 Jury Trial - Held,, 199 Jury Trial - Held,, 194 Jury Trial - Held,, 191 Jury Trial - Began,,, 203 Jury Trial - Held,,, by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
June 9, 2016 Filing 237 SUPERSEDEAS BOND in the amount of $1,600,000.00, bond number 106288703 posted by Defendant Retzlaff Grain Company Incorporated. (JSF)
June 8, 2016 Opinion or Order Filing 236 ORDER granting #233 Motion for Release of Supersedeas Bond, Request for Approval of New Supersedeas Bond and Request for Expedited Ruling, subject to the terms and conditions listed in this order. Ordered by Chief Judge Laurie Smith Camp. (JSF)
June 7, 2016 Filing 235 RESPONSE regarding MOTION for Release of Supersedeas Bond No. 106288701, Request for Approval of New Supersedeas Bond Pursaunt to Rule 62(d), and Request for Exepedited Ruling #233 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
June 6, 2016 Filing 234 BRIEF in support of MOTION for Release of Supersedeas Bond No. 106288701, Request for Approval of New Supersedeas Bond Pursaunt to Rule 62(d), and Request for Exepedited Ruling #233 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
June 6, 2016 Filing 233 MOTION for Release of Supersedeas Bond No. 106288701, Request for Approval of New Supersedeas Bond Pursaunt to Rule 62(d), and Request for Exepedited Ruling by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
June 6, 2016 Filing 232 REPORT on the filing of an action regarding trademark. Appeal filed on 06/06/2016. Notification sent to the Commissioner of Trademarks. (Attachments: #1 Appeal) (JSF)
June 6, 2016 Filing 231 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA #230 , Judgment #215 and Memorandum and Order #229 . Notice of Appeal filed on 6/6/2016 by Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner and Bryce Wells. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERK'S OFFICE. (JSF)
June 6, 2016 Filing 230 NOTICE OF APPEAL regarding Order on Motion for Miscellaneous Relief, #229 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. Filing fee $ 505, receipt number 0867-3217088. (Flood, Patrick)
May 9, 2016 Opinion or Order Filing 229 MEMORANDUM AND ORDER that the Defendants' renewed Motion for Judgment as a Matter of Law under Federal Rule of Civil Procedure 50 or, alternatively, Motion for a New Trial or to Alter or Amend Judgment under Federal Rule of Civil Procedure 59 #224 , is denied. Ordered by Chief Judge Laurie Smith Camp. (JSF)
March 28, 2016 Filing 228 REPLY BRIEF in support of MOTION for renewed judgment as a matter of law pursuant to Fed.R.Civ.P.50 or, alternatively, for a new trial to alter and amend judgment pursuant to Fed.R.Civ.P.59 #224 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
March 17, 2016 Filing 227 BRIEF in opposition to MOTION for renewed judgment as a matter of law pursuant to Fed.R.Civ.P.50 or, alternatively, for a new trial to alter and amend judgment pursuant to Fed.R.Civ.P.59 #224 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
February 29, 2016 Filing 226 INDEX in support of MOTION for renewed judgment as a matter of law pursuant to Fed.R.Civ.P.50 or, alternatively, for a new trial to alter and amend judgment pursuant to Fed.R.Civ.P.59 #224 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Attachments: #1 Exhibit Memorandum and Order re: Plaintiff's Motion for Temporary Injunction, #2 Exhibit Memorandum and Order re: Defendants' Motion for Partial Summary Judgment, #3 Exhibit Memorandum and Order on Motion in Limine, #4 Exhibit Final Jury Instructions, #5 Exhibit Defendants' Proposed Preliminary and Final Jury Instructions, #6 Exhibit Plaintiff's Answers to Interrogatories, #7 Exhibit Affidavit of Patrick Flood)(Flood, Patrick)
February 29, 2016 Filing 225 BRIEF in support of MOTION for renewed judgment as a matter of law pursuant to Fed.R.Civ.P.50 or, alternatively, for a new trial to alter and amend judgment pursuant to Fed.R.Civ.P.59 #224 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
February 29, 2016 Filing 224 MOTION for renewed judgment as a matter of law pursuant to Fed.R.Civ.P.50 or, alternatively, for a new trial to alter and amend judgment pursuant to Fed.R.Civ.P.59 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
February 17, 2016 Filing 223 SUPERSEDEAS BOND in the amount of $ 1,600,000.00, bond number 106288701 posted by Defendant Retzlaff Grain Company Incorporated. (LAC)
February 12, 2016 Opinion or Order Filing 222 ORDER that the Defendants' Motion for Stay Pending Disposition of Post-Trial Motions, Approval of Supersedeas Bond, and Request for Expedited Ruling (Filing No. #220 ) is granted. Pursuant to Federal Rule of Civil Procedure 62(b), execution of the Court's Judgment entered against the Defendants on February 1, 2016 (Filing No. #215 ), is stayed, and no proceedings may be brought to enforce the Judgment, until 30 days after the Court rules on any motions filed by Defendants pursuant to Federal Rules of Civil Procedure 50, 52(b), 59, or 60. Pursuant to Federal Rule of Civil Procedure 62(b), or before February 16, 2016, Defendants shall file a supersedeas bond, issued by a surety or insurance company with an A.M. Best Rating of A++ or higher, with the Clerk of the Court in the amount of $1,600,000.00. The supersedeas bond will remain in effect as security for the Plaintiffs Judgment against the Defendants until such time it is released by order of the Court. Ordered by Chief Judge Laurie Smith Camp. (LAC)
February 12, 2016 Filing 221 BRIEF in support of MOTION to Stay Pending Disposition of Post-Trial Motions and Approval of Supersedeas Bond and Request for Expedited Ruling #220 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
February 12, 2016 Filing 220 MOTION to Stay Pending Disposition of Post-Trial Motions and Approval of Supersedeas Bond and Request for Expedited Ruling by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
February 9, 2016 Filing 219 TEXT ORDER regarding Bill of Costs #218 filed by West Plains, L.L.C. In order to resolve the taxation of costs issue, the following schedule will apply: the responding party has 14 days from the date of this order to file a response (absent a response, the Clerk will tax costs); the party filing the Bill of Costs has 7 days following the filing of a response to file a reply. Costs will be taxed in accordance with the court's Bill of Costs Handbook available on the court's Web site. Ordered by the Deputy Clerk. (BHC)
February 9, 2016 Filing 218 BILL OF COSTS by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
February 9, 2016 Filing 217 EXHIBIT RECEIPT BY DEFENDANT as to Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. Jury Trial - Held on January 29, 2016. (LAC)
February 3, 2016 Filing 216 EXHIBIT RECEIPT BY PLAINTIFF as to Plaintiff West Plains, L.L.C.. from Jury Trial beginning January 19, 2016 regarding Minutes of Jury Trial - Held, 197 , 201 , 204 , 199 , 194 , 205 , 191 , and 203 . (LAC)
February 1, 2016 Opinion or Order Filing 215 JUDGMENT that on Plaintiff's claims of misappropriation of trade secrets, judgment is entered in favor of all Defendants, and against Plaintiff West Plains, L.L.C.. On Plaintiff's claims of tortious interference with business relationships or expectancies, breach of duty of loyalty, and civil conspiracy, judgment is entered in favor of Plaintiff, West Plains, L.L.C., and against Defendants Retzlaff Grain Company Incorporated, Bryce Wells, Jeffrey Bradley, Thomas Danner, Rebecca Danner, Chad Needham, Todd Payzant, Samantha Rhone, Crystal Konecky, Cindy Scholting, and Drew Waggoner, in the amount of $1,513,000.00. On Plaintiff's claims of breach of duty of loyalty, judgment is entered in favor of Plaintiff, West Plains, L.L.C., and against Defendants in the following additional amounts, individually: Jeffrey Bradley $3,333.00, Thomas Danner $15,000.00, Rebecca Danner $5,832.00, Chad Needham $13,666.00, Todd Payzant $2,291.50, Samantha Rhone $1,166.50, Crystal Konecky $1,166.50, Cindy Scholting $6,249.00, and Drew Waggoner $2,083.00. Ordered by Chief Judge Laurie Smith Camp. (LAC)
January 29, 2016 Filing 213 PART 2 OF 2 - FOREPERSON'S SIGNATURE Page regarding Jury Questions/Answers #212 . ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). (LAC)
January 29, 2016 Filing 212 JURY QUESTION Number Two to the Court and Court's Answer(s) to the Jury with juror's signature redacted pursuant to the E-Government Act - PART 1 OF 2. (LAC)
January 29, 2016 Filing 211 PART 2 OF 2 - FOREPERSON'S SIGNATURE Page regarding Jury Questions/Answers #210 . ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). (LAC)
January 29, 2016 Filing 210 JURY QUESTION Number One to the Court and Court's Answer(s) to the Jury with juror's signature redacted pursuant to the E-Government Act - PART 1 OF 2. (LAC)
January 29, 2016 Filing 209 PART 2 OF 2 - FOREPERSON'S SIGNATURE Page regarding Jury Verdict #208 . ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). (LAC)
January 29, 2016 Filing 208 JURY VERDICT with foreperson's signature redacted pursuant to the E-Government Act in favor of Defendants on First Claim and Plaintiff West Plains, L.L.C. on all other claims in the amount of $51,787.50. - PART 1 OF 2. (LAC)
January 29, 2016 Filing 207 WITNESS LIST from jury trial held on January 19-29, 2016 regarding Minutes 205 . (MLF, )
January 29, 2016 Filing 206 EXHIBIT LIST from jury trial held on January 19-29, 2016 regarding Minutes 205 . (MLF, )
January 29, 2016 Filing 205 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial ended on 1/29/2016. Verdict received at 1:43 PM. Verdict received for Defendant on Plaintiff's claims of trade secret misappropriation; verdict received for Plaintiff on Plaintiff's claims of interference with business expectancies, breach of duty of loyalty, and civil conspiracy. Clerk file verdict. Court to enter judgment.Number of trial days with evidence 7. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Kathryn A. Dittrick, Paul M. Shotkoski, Appearance for Defendant; Edward D. Hotz, Michael R. Peterson, Patrick M. Flood; Time Start: 9:00 AM; Time Stop 2:02 PM; Time in Court: 40 Minutes. (MLF, )
January 28, 2016 Filing 204 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 1/28/2016. Jury returned at without verdict. Jury is to separate and to return and resume deliberations on 1/29/2016 at 9:00 a.m. in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Kathryn A. Dittrick, Paul M. Shotkoski, Appearance for Defendant; Edward D. Hotz, Michael R. Peterson, Patrick M. Flood; Time Start: 9:00 AM; Time Stop: 4:40 PM; Time in Court: 0 (MLF, )
January 27, 2016 Filing 214 Jury Instructions. (GJG)
January 27, 2016 Filing 203 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 1/27/2016. Evidence by plaintiff and defendants. Defendants rests. No rebuttal. Defendants' renewed motion for a directed verdict is denied. Instruction conference held in chambers. Objections to instructions made on the record. Final instructions read to jury. Closing arguments. Jury received case at 4:07 p.m. Jury returned at without verdict. Jury is to separate and to return and resume deliberations on 1/27/2016 at 9:00 a.m. in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Kathryn A. Dittrick, Paul M. Shotkoski, Appearance for Defendant; Edward D. Hotz, Michael R. Peterson, Patrick M. Flood; Time Start: 9:02 AM; Time Stop: 5:00 PM; Time in Court: 4 Hours 34 Minutes. (MLF, )
January 27, 2016 Filing 202 OBJECTION to Defendants' Additional Proposed Jury Instruction by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
January 26, 2016 Filing 201 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 1/26/2016. Evidence by plaintiff and defendants. Defendant's oral motion to dismiss juror is granted. Plaintiff rests. Defendants' oral motion for a directed verdict is denied. Trial not concluded - continued to January 27, 2016 at 9:00 a.m. in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Kathryn A. Dittrick, Paul M. Shotkoski, Appearance for Defendant; Edward D. Hotz, Michael R. Peterson, Patrick M. Flood; Time Start: 9:05 AM; Time Stop: 4:48 PM; Time in Court: 6 Hours 50 Minutes. (MLF, )
January 26, 2016 Filing 200 PROPOSED JURY INSTRUCTIONS (Additional) by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.. (Flood, Patrick)
January 25, 2016 Filing 199 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 1/25/2016. Evidence by plaintiff and defendants. Trial not concluded - continued to January 26, 2016 at 9:00 a.m. in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Kathryn A. Dittrick, Paul M. Shotkoski, Appearance for Defendant; Edward D. Hotz, Michael R. Peterson, Patrick M. Flood; Time Start: 9:01 AM; Time Stop: 5:02 PM; Time in Court: 7 Hours 12 Minutes. (MLF, )
January 25, 2016 Filing 198 RETURN of service of Trial Subpoena on 1/22/2016 upon Richard Clyde by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
January 22, 2016 Filing 197 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 1/22/2016. Evidence by plaintiff and defendants. Trial not concluded - continued to January 25, 2016 at 9:00 a.m. in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Kathryn A. Dittrick, Paul M. Shotkoski, Appearance for Defendant; Edward D. Hotz, Michael R. Peterson, Patrick M. Flood; Time Start: 9:02 AM; Time Stop: 5:04 PM; Time in Court: 7 Hours 6 Minutes. (MLF, )
January 22, 2016 Filing 196 RETURN of service of Trial Subpoena on 01/20/2016 upon Timothy Lukowski by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
January 21, 2016 Filing 195 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 1/21/2016. Evidence by plaintiff and defendants. Trial not concluded - continued to January 21, 2016 at 9:00 a.m. in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Gale Gomez during the morning; Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Kathryn A. Dittrick, Paul M. Shotkoski, Appearance for Defendant; Edward D. Hotz, Michael R. Peterson, Patrick M. Flood; Time Start: 9:03 AM; Time Stop: 4:29 PM; Time in Court: 6 Hours 35 Minutes. (MLF, )
January 20, 2016 Filing 194 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 1/20/2016. Evidence by plaintiff and defendants. Trial not concluded - continued to January 21, 2016 at 9:00 a.m. in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Kathryn A. Dittrick, Paul M. Shotkoski, Appearance for Defendant; Edward D. Hotz, Michael R. Peterson, Patrick M. Flood; Time Start: 9:01 AM; Time Stop: 4:54 PMTime in Court: 5 Hours 2 Minutes. (MLF, )
January 20, 2016 Filing 193 RETURN of service of Trial Subpoena on 01/18/2016 upon Scott Villotta by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
January 19, 2016 Filing 192 JURY PANEL RECORD. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a).(LAC)
January 19, 2016 Filing 191 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial began on 1/19/2016. Pretrial Conference held prior to trial in chambers. Joint oral motion to sequester witnesses is granted. Voir dire held. Jury impaneled. Preliminary Instructions given to jury. Opening statements. Evidence by plaintiff. Trial not concluded - continued to 1/20/2016 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Kathryn A. Dittrick, Paul M. Shotkoski, Appearance for Defendant; Edward D. Hotz, Michael R. Peterson, Patrick M. Flood; Time Start: 8:31 AM; Time Stop: 12:55 PMTime in Court: 3 Hours 2 Minutes. (MLF, )
January 16, 2016 Filing 190 OBJECTION to Plaintiff's Proposed Jury Instructions and Verdict Form by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
January 15, 2016 Filing 189 OBJECTION to Defendants' Proposed Preliminary and Final Instructions to the Jury by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
January 15, 2016 Filing 188 OBJECTION to Defendants' Verdict Form by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
January 14, 2016 Filing 187 NOTICE of Jury Pool Trial Report and Supplemental Questionnaires. Counsel should refrain from reproducing and/or distributing these documents. Counsel is required to permanently delete electronic copies and destroy paper copies of the supplemental questionnaires after voir dire. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (BMH)
January 13, 2016 Opinion or Order Filing 186 MEMORANDUM AND ORDER Defendants' Motion in Limine (Filing No. #152 ), is denied. Plaintiff's Motion in Limine (Filing No. #157 ), is granted, in part, as follows: Consistent with this Memorandum and Order, Defendants are precluded, in limine, from mentioning, making reference to, eliciting testimony regarding, or offering evidence of employment agreements of individuals hired by West Plains, LLC, after February 5, 2013. The Motion is otherwise denied. Ordered by Chief Judge Laurie Smith Camp. (LAC)
January 12, 2016 Filing 185 BRIEF for Trial by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
January 12, 2016 Filing 184 PROPOSED JURY INSTRUCTIONS by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.. (Flood, Patrick)
January 12, 2016 Filing 183 PROPOSED VERDICT FORM by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Flood, Patrick)
January 12, 2016 Filing 182 BRIEF for Trial by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
January 12, 2016 Filing 181 PROPOSED JURY INSTRUCTIONS by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C... (Shotkoski, Paul)
January 12, 2016 Filing 180 PROPOSED VERDICT FORM by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Shotkoski, Paul)
January 7, 2016 Opinion or Order Filing 179 ORDER RE; TRIAL PREPARATION - Jury Trial set for 1/19/2016 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Chief Judge Laurie Smith Camp. (LAC)
November 6, 2015 Opinion or Order Filing 178 TEXT ORDER granting #175 Motion for Leave to File Document as Restricted. Access to Filing No. 177 shall be restricted to case participants and the Court.Ordered by Magistrate Judge F.A. Gossett. (LRH)
November 5, 2015 Filing 177 INDEX in support of MOTION in Limine #157 by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Exhibit, #2 Exhibit)(Dittrick, Kathryn)
November 5, 2015 Filing 176 REPLY BRIEF in support of MOTION in Limine #157 by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
November 5, 2015 Filing 175 MOTION to Restrict pursuant to the E-Government Act by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
November 5, 2015 Opinion or Order Filing 174 ORDER ON FINAL PRETRIAL CONFERNCE - estimated length of trial is 5 Days; Jury Trial set for 1/19/2016 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (LAC)
November 5, 2015 Filing 173 INDEX in support of MOTION in Limine #152 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Attachments: #1 Affidavit Patrick Flood)(Flood, Patrick)
November 5, 2015 Filing 172 REPLY BRIEF in support of MOTION in Limine #152 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
November 4, 2015 Filing 171 TEXT MINUTE ENTRY for pretrial conference held with Magistrate Judge F.A. Gossett on 11/3/2015. Kathryn Dittrick and Paul Shotkoski represented the plaintiff. Edward Hotz, Patrick Flood, and Michael Peterson represented the defendants. Revised documents to be submitted by 11/5/2015. The Jury Trial will be continued to the week of 1/19/2016 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. (ARL, ) Modified on 11/4/2015 to correct date of conference (ARL, ).
October 29, 2015 Filing 170 NOTICE of Serving Plaintiff's 2nd Supplemental Initial Rule 26(a)(1) Disclosures by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
October 29, 2015 Filing 169 INDEX in opposition to MOTION in Limine #152 filed by Defendants by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Affidavit of Paul Shotkoski, #2 Exhibit Excerpts of Depo of Cindy Scholting, #3 Exhibit Excerpts of Depo of Chad Needham)(Dittrick, Kathryn)
October 29, 2015 Filing 168 BRIEF in opposition to MOTION in Limine #152 filed by Defendants by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
October 28, 2015 Opinion or Order Filing 167 MEMORANDUM AND ORDER that the Defendants' Motion for Partial Summary Judgment (Filing No. #122 ) is granted in part, as follows: Count IV of the Plaintiff's Complaint (Filing No. #1 ) for tortious interference with employment relationships against Defendants RFG and Wells is dismissed, with prejudice. Count VII of the Plaintiff's Complaint (Filing No. #1 ) for violation of the Computer Fraud and Abuse Act, 18 U.S.C. 1030, against Needham is dismissed, with prejudice. The Motion is otherwise denied. Ordered by Chief Judge Laurie Smith Camp. (LAC)
October 27, 2015 Filing 166 NOTICE to Take Deposition of Retzlaff Grain Company, Inc., d/b/a RFG Logistics (30(b)(6)) by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
October 27, 2015 Filing 165 NOTICE to Take Deposition of Rebecca Danner by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
October 27, 2015 Filing 164 NOTICE to Take Deposition of West Plains, LLC 30(b)(6) by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
October 26, 2015 Filing 163 INDEX in opposition to MOTION in Limine #157 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Attachments: #1 Exhibit 9/29/15 Email, #2 Exhibit Payzant Deposition Excerpt)(Flood, Patrick)
October 26, 2015 Filing 162 BRIEF in opposition to MOTION in Limine #157 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
October 15, 2015 Opinion or Order Filing 161 TEXT ORDER. On the court's own motion and consultation with counsel, the Pretrial Conference is rescheduled to 11/3/2015 at 02:30 PM in Chambers before Magistrate Judge F.A. Gossett. The parties' jointly proposed final order and joint exhibit list are due no later than noon on 11/2/2015. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
October 13, 2015 Opinion or Order Filing 160 TEXT ORDER granting #154 Joint Motion for Leave to File Documents as Restricted. Access to Filing Nos. 155 and 159 shall remain restricted to case participants and the Court. Ordered by Magistrate Judge F.A. Gossett. (LRH)
October 12, 2015 Filing 159 RESTRICTED DOCUMENT attaching Ex. A; Ex. 1-Part 1; Ex. 1-Part 2; and Ex. 2 regarding MOTION in Limine #157 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Dittrick, Kathryn)
October 12, 2015 Filing 158 BRIEF in support of MOTION in Limine #157 by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
October 12, 2015 Filing 157 MOTION in Limine by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
October 12, 2015 Filing 156 STRICKEN - JOINT MOTION to Restrict pursuant to the E-Government Act by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn) Modified on 10/13/2015 (LRH).
October 12, 2015 Filing 155 RESTRICTED DOCUMENT Index of Evidence in Support of regarding MOTION in Limine #152 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Attachments: #1 Affidavit PMF Affidavit)(Flood, Patrick)
October 12, 2015 Filing 154 JOINT MOTION to file under Seal by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
October 12, 2015 Filing 153 BRIEF in support of MOTION in Limine #152 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
October 12, 2015 Filing 152 MOTION in Limine by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
October 5, 2015 Filing 151 DISCLOSURE OF PLAINTIFF'S DEPOSITION TESTIMONY AND DISCOVERY RESPONSE by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
October 5, 2015 Filing 150 PROPOSED WITNESS LIST by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Shotkoski, Paul)
October 5, 2015 Filing 149 PROPOSED EXHIBIT LIST by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Shotkoski, Paul)
October 5, 2015 Filing 148 DISCLOSURE of Defendants' Designation of Deposition Testimony and Discovery by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
October 5, 2015 Filing 147 PROPOSED WITNESS LIST by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Flood, Patrick)
October 5, 2015 Filing 146 PROPOSED EXHIBIT LIST by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Flood, Patrick)
October 5, 2015 Filing 145 NOTICE of of Serving Defendants' Supplemental Rule 26 Disclosures by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
October 2, 2015 Opinion or Order Filing 144 TEXT ORDER granting #143 Joint Motion to Extend Deadline for Serving Pretrial Disclosures. The pretrial disclosures deadline is extended to 10/5/2015. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
October 2, 2015 Filing 143 JOINT MOTION to Extend Deadline for Serving Pretrial Disclosures by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
October 2, 2015 Filing 142 NOTICE of Serving Plaintiff's Supplemental Initial Disclosures and Fifth Supplemental Responses to Defendants' Requests for Production of Documents by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
September 30, 2015 Filing 141 LETTER to the parties regarding the Pretrial Conference set for 10/19/2015 with Magistrate Judge F.A. Gossett. (ARL, )
September 3, 2015 Filing 140 RETURN of service of Subpoena to Testify at a Deposition on August 31, 2015 upon Strategy Systems, Inc. by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
September 3, 2015 Filing 139 RETURN of service of Subpoena to Testify at a Deposition on August 28, 2015 upon Kevin E. Zimski by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
August 26, 2015 Filing 138 NOTICE to Take Deposition of Strategy Systems by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
August 25, 2015 Filing 137 NOTICE to Take Deposition of Kevin E. Zimski (Amended) by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
August 25, 2015 Filing 136 NOTICE to Take Deposition of Kevin E. Zimski by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
July 27, 2015 Opinion or Order Filing 135 TEXT ORDER. Correction regarding the Pretrial Conference set for 10/19/2015. The conference will be at 11:00 AM in Chambers before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
July 27, 2015 Opinion or Order Filing 134 FOURTH AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting #133 Joint Motion to Amend. The deposition deadline is 10/31/2015. The final pretrial conference before Magistrate Judge F.A. Gossett is set for 10/19/2015 at 10:30 A.M., in chambers. The jury trial is set for the week of 11/17/2015 at 8:30 A.M., before Chief Judge Laurie Smith Camp, Courtroom 2, 3rd Floor of the Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
July 24, 2015 Filing 133 JOINT MOTION to Amend Order on Motion to Amend, #108 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
July 17, 2015 Filing 132 INDEX in support of Reply Brief, #131 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Attachments: #1 Exhibit 1-Affidavit of Patrick M. Flood, #2 Exhibit 2-Affidavit of Kevin Zimski, #3 Exhibit 3-Depo of Thomas Danner, #4 Exhibit 4-Depo of Chad Needham, #5 Exhibit 5-Depo of Drew Waggoner, #6 Exhibit 6-Depo of Bryce Wells, #7 Exhibit 7-Depo of Todd Payzant, #8 Exhibit 8-Depo of Crystal Konecky, #9 Exhibit 9-Depo of Michelle Winchell, #10 Exhibit 10-Depo of Gregory Brown, #11 Exhibit 11-Depo of Ronald Gillis, #12 Exhibit 12-Depo of Steven Rhodes, #13 Exhibit 13-Depo of Timothy Lukowski, #14 Exhibit 14-Depo of Richard Clyde)(Flood, Patrick)
July 17, 2015 Filing 131 REPLY BRIEF in support of MOTION for Partial Summary Judgment #122 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
July 2, 2015 Filing 130 INDEX in opposition to Brief #129 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 1E, #7 Exhibit 1F, #8 Exhibit 1G, #9 Exhibit 1H, #10 Exhibit 1I, #11 Exhibit 1J, #12 Exhibit 1K, #13 Exhibit 1L, #14 Exhibit 1M, #15 Exhibit 1N, #16 Exhibit 1O, #17 Exhibit 1P, #18 Exhibit 1Q, #19 Exhibit 2, #20 Exhibit 2A, #21 Exhibit 2B, #22 Exhibit 3, #23 Exhibit 4, #24 Exhibit 5, #25 Exhibit 6, #26 Exhibit 7, #27 Exhibit 8, #28 Exhibit 9, #29 Exhibit 10, #30 Exhibit 11, #31 Exhibit 12, #32 Exhibit 13, #33 Exhibit 14, #34 Exhibit 15, #35 Exhibit 16, #36 Exhibit 17, #37 Exhibit 18, #38 Exhibit 19, #39 Exhibit 20, #40 Exhibit 21, #41 Exhibit 22, #42 Exhibit 23, #43 Exhibit 24, #44 Exhibit 25, #45 Exhibit 26, #46 Exhibit 27, #47 Exhibit 28, #48 Exhibit 29, #49 Exhibit 30)(Shotkoski, Paul)
July 2, 2015 Filing 129 BRIEF in opposition to MOTION for Partial Summary Judgment #122 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
July 1, 2015 Filing 128 NOTICE of Serving Defendants' Supplemental Responses to Plaintiff's Requests for Production of Documents by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
June 23, 2015 Opinion or Order Filing 127 TEXT ORDER granting #126 Plaintiff's Unopposed Motion to Extend Briefing Deadlines. Plaintiff shall respond to Defendants' Motion for Partial Summary Judgment #122 by 7/2/2015. Defendants' reply brief shall be filed by 7/17/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH)
June 22, 2015 Filing 126 UNOPPOSED MOTION to Extend FILING A RESPONSE TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
June 2, 2015 Filing 125 NOTICE to Take Deposition of Thomas Danner AMENDED by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
June 1, 2015 Filing 124 INDEX in support of MOTION for Partial Summary Judgment #122 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Attachments: #1 Exhibit 1-Affidavit of Michael Fouts, #2 Exhibit 2-Affidavit of Chad Needham, #3 Exhibit 3-Affidavit of Bryce Wells, #4 Exhibit 4-Affidavit of Jeffrey Bradley, #5 Exhibit 5-Affidavit of Thomas Danner, #6 Exhibit 6-Affidavit of Rebecca Danner, #7 Exhibit 7-Affidavit of Jody May, #8 Exhibit 8-Affidavit of Todd Payzant, #9 Exhibit 9-Affidavit of Samantha Rhone, #10 Exhibit 10-Affidavit of Cindy Scholting, #11 Exhibit 11-Affidavot of Drew Waggoner, #12 Exhibit 12-Affidavit of Crystal Konecky, #13 Exhibit 13-Depo of Chad Needham, #14 Exhibit 14-Depo of Bryce Wells, #15 Exhibit 15-Depo of Cindy Scholting, #16 Exhibit 16-Depo of Drew Waggoner, #17 Exhibit 17-Depo of Todd Payzant, #18 Exhibit 18-Depo of Crystal Konecky, #19 Exhibit 19-Depo of Samantha Rhone, #20 Exhibit 20-Depo of Jody Man, #21 Exhibit 21-Depo of Tim Lukowski, #22 Exhibit 22-Depo of Gregory Brown, #23 Exhibit 23-Depo of Ronald Gillis, #24 Exhibit 24-Depo of Michelle Winchell, #25 Exhibit 25-Depo of Steve Rhodes, #26 Exhibit 26-Depo of Richard Clyde, #27 Exhibit 27-Plaintiff's Answers to Interrogatories, #28 Exhibit 28-Plaintiff's Supplemental Responses to RFP, #29 Exhibit 29-Continuum Invoices, #30 Exhibit 30-West Plains Employee Handbook)(Flood, Patrick)
June 1, 2015 Filing 123 BRIEF in support of MOTION for Partial Summary Judgment #122 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
June 1, 2015 Filing 122 MOTION for Partial Summary Judgment by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
May 29, 2015 Filing 121 NOTICE of Serving Defendants' Expert Disclosures by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
May 27, 2015 Filing 120 NOTICE of SERVING PLAINTIFF'S FOURTH SUPPLEMENTAL RESPONSES TO DEFENDANTS' REQUESTS FOR PRODUCTION OF DOCUMENTS by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
May 26, 2015 Filing 119 NOTICE to Take Deposition of Thomas Danner by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
April 30, 2015 Filing 118 NOTICE of Serving Defendants' Expert Disclosures by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
April 6, 2015 Filing 117 NOTICE to Take Deposition of Tim Lukowski by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
March 16, 2015 Filing 116 NOTICE to Take Deposition of Chad Needham AMENDED by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
March 9, 2015 Filing 115 NOTICE to Take Deposition of Rick Clyde by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
March 6, 2015 Filing 114 NOTICE to Take Deposition of Jody May by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
March 6, 2015 Filing 113 NOTICE to Take Deposition of Chad Needham by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
March 6, 2015 Filing 112 NOTICE to Take Deposition of Bryce Wells by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
January 30, 2015 Filing 111 NOTICE of Service by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
January 7, 2015 Filing 110 NOTICE of Change of Address by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
January 7, 2015 Filing 109 NOTICE of Change of Address by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
December 17, 2014 Opinion or Order Filing 108 THIRD AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting #107 Joint Motion to Amend. Deposition deadline set for 4/30/2015. The final pretrial conference with Magistrate Judge F.A. Gossett will be held in chambers on 8/21/2015 at 9:30 A.M. A jury trial before Chief Judge Smith Camp is set for the week of 9/22/2015 at 8:30 A.M., in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
December 16, 2014 Filing 107 Joint MOTION to Amend PROGRESSON ORDER by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Exhibit A)(Shotkoski, Paul)
October 20, 2014 Filing 106 NOTICE to Take Deposition of Steve Rhodes by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
September 22, 2014 Filing 105 NOTICE to Take Deposition of Ron Gillis by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
September 18, 2014 Filing 104 NOTICE to Take Deposition of Steve Rhodes by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
September 8, 2014 Filing 103 NOTICE to Take Deposition of Greg Brown and Michele Winchell by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
August 11, 2014 Opinion or Order Filing 102 SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting #101 the parties' Joint Motion to Amend. Depositions due 12/31/2014. Pretrial conference set for 4/20/2015 at 9:30 A.M., in Chambers before Magistrate Judge F.A. Gossett. Jury trial set for the week of 5/19/2015 in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
August 8, 2014 Filing 101 Joint MOTION to Amend PROGRESSION ORDER by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Exhibit A)(Shotkoski, Paul)
July 8, 2014 Filing 100 NOTICE to Take Deposition of Todd Pyzant (Second Amended) by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
July 8, 2014 Filing 99 NOTICE to Take Deposition of Samantha Rhone by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
July 8, 2014 Filing 98 NOTICE to Take Deposition of Cindy Scholting by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
June 27, 2014 Opinion or Order Filing 97 TEXT ORDER granting #96 Stipulated Motion to Extend Expert Deadlines. Plaintiff shall disclose expert witnesses by 8/1/2014. Defendants shall disclose expert witnesses by 9/15/2014. Rebuttal experts shall be disclosed by 10/1/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH)
June 26, 2014 Filing 96 Joint MOTION to Extend Expert Deadlines by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
June 3, 2014 Opinion or Order Filing 95 ORDER - Plaintiff's Motion to Compel Discovery Responses (filing #77 ) is granted, inpart, as set forth. Defendants' Motion to Compel Discovery Responses (filing #80 ) is granted as set forth. Ordered by Magistrate Judge F.A. Gossett. (AOA) Modified on 6/4/2014 (AOA, ).
May 19, 2014 Filing 94 NOTICE to Take Deposition of Todd Pyzant (Amended Notice) by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
May 19, 2014 Filing 93 NOTICE to Take Deposition of Drew Waggener (Amended Notice) by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
May 19, 2014 Filing 92 NOTICE to Take Deposition of Crystal Konecky (Amended Notice) by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
April 24, 2014 Filing 91 REPLY BRIEF in support of MOTION to Compel #80 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
April 21, 2014 Filing 90 REPLY BRIEF in support of MOTION to Compel Discovery Responses #77 by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
April 18, 2014 Filing 89 NOTICE to Take Deposition of Crystal Konecky by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
April 18, 2014 Filing 88 NOTICE to Take Deposition of Drew Waggener by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
April 18, 2014 Filing 87 NOTICE to Take Deposition of Todd Pyzant by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
April 17, 2014 Filing 86 INDEX in opposition to MOTION to Compel #80 Discovery by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Affidavit)(Dittrick, Kathryn)
April 17, 2014 Filing 85 BRIEF in opposition to MOTION to Compel #80 Discovery by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C..(Dittrick, Kathryn)
April 9, 2014 Filing 84 INDEX in opposition to MOTION to Compel Discovery Responses #77 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Attachments: #1 Exhibit Affidavit of Patrick Flood, #2 Exhibit Affidavit of Chad Needham)(Flood, Patrick)
April 9, 2014 Filing 83 BRIEF in opposition to MOTION to Compel Discovery Responses #77 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
March 31, 2014 Filing 82 INDEX in support of MOTION to Compel #80 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Attachments: #1 Exhibit)(Flood, Patrick)
March 31, 2014 Filing 81 BRIEF in support of MOTION to Compel #80 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
March 31, 2014 Filing 80 MOTION to Compel by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
March 26, 2014 Filing 79 INDEX in support of MOTION to Compel Discovery Responses #77 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Shotkoski, Paul)
March 26, 2014 Filing 78 BRIEF in support of MOTION to Compel Discovery Responses #77 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
March 26, 2014 Filing 77 MOTION to Compel Discovery Responses by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
February 3, 2014 Opinion or Order Filing 76 ORDER granting #75 Stipulated Motion to Amend Progression Order. Deposition deadline is set for 7/31/2014. The pretrial conference with Magistrate Judge F.A. Gossett is set for 12/22/2014 at 9:30 a.m., in chambers. A jury trial before Chief Judge Laurie Smith Camp is set for 1/20/2015 at 8:30 A.M., in Courtroom 2, 3rd Floor of the Roman L. Hruska U. S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
January 30, 2014 Filing 75 Joint MOTION to Amend Progression Order by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Exhibit A)(Shotkoski, Paul)
December 10, 2013 Opinion or Order Filing 74 TEXT ORDER granting #73 Unopposed Motion to Extend Deadline for Discovery Motions. Discovery motions shall be filed not later than 4/30/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH)
December 9, 2013 Filing 73 MOTION to Extend Deadline for Discovery Motions by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
December 4, 2013 Filing 72 NOTIFICATION of Request for Video Recording by Clerk.(MLF, )
August 19, 2013 Filing 71 NOTICE of Serving Defendants' Discovery Responses by Attorney Michael R. Peterson on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Peterson, Michael)
August 7, 2013 Filing 70 NOTICE of Serving Discovery Responses by Attorney Kathryn A. Dittrick on behalf of Plaintiff West Plains, L.L.C. (Dittrick, Kathryn)
August 5, 2013 Opinion or Order Filing 69 ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - Depositions due 4/30/2014. Pretrial Conference set for 8/18/2014 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. Jury Trial set for 9/16/2014 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
July 18, 2013 Opinion or Order Filing 68 PROTECTIVE ORDER - Ordered by Magistrate Judge F.A. Gossett. (AOA)
July 17, 2013 Filing 67 Joint MOTION for Protective Order by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
July 3, 2013 Filing 66 NOTICE of Serving Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
June 24, 2013 Filing 65 NOTICE of Serving Defendants' Interrogatories and Requests for Production of Documents by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
June 14, 2013 Filing 64 NOTICE of Serving Plaintiff's Initial Rule 26(a)(1) Disclosures by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C. (Shotkoski, Paul)
June 13, 2013 Filing 63 NOTICE of Serving Defendants' Rule 26 Disclosures by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
May 6, 2013 Opinion or Order Filing 62 ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF CASE - Counsel shall notify the undersigned magistrate judge by joint or separate letters by 7/5/2013 addressing mediation requirements. Planning Conference set for 8/5/2013 at 10:00 AM by telephone before Magistrate Judge F.A. Gossett. Counsel for plaintiff shall initiate the planning conference call to the court at 402-661-7340 on 8/5/2013. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
May 6, 2013 Filing 61 REPORT of Rule 26(f) Planning Meeting by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
April 19, 2013 Opinion or Order Filing 60 MEMORANDUM AND ORDER - Plaintiff's Motion to Compel Compliance (Filing No. #51 ) is denied, without prejudice to reassertion. Ordered by Chief Judge Laurie Smith Camp. (AOA)
April 8, 2013 Filing 59 REPLY BRIEF in support of MOTION to Compel Compliance with Court Order #51 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
April 5, 2013 Opinion or Order Filing 58 SCHEDULING LETTER setting Rule 26 Meeting Report Deadline for 5/6/2013. Please use the revised "Form 35 (Rule 26(f)) Report" posted on the court's website, www.ned.uscourts.gov. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
April 5, 2013 Filing 57 ANSWER to Complaint #1 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells(Flood, Patrick)
April 4, 2013 Filing 56 INDEX in opposition to MOTION to Compel Compliance with Court Order #51 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Attachments: #1 Exhibit 1 Affidavit of Patrick M. Flood, #2 Exhibit 1.A Letter dated March 5, 2013, #3 Exhibit 1.B Letter dated March 7, 2013, #4 Exhibit 1.C Letter dated March 22, 2013, #5 Exhibit 1.D Letter dated March 22, 2013, #6 Exhibit 1.E Letter dated March 27, 2013)(Flood, Patrick)
April 4, 2013 Filing 55 BRIEF in opposition to MOTION to Compel Compliance with Court Order #51 by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
March 29, 2013 Opinion or Order Filing 54 TEXT ORDER approving #53 Joint Stipulation to Serve Subpoena. As set forth in the parties' Stipulation, Plaintiff may immediately serve a subpoena upon Strategy Systems, Inc. without providing the notice required by Fed. R. Civ. P. 45. Ordered by Magistrate Judge F.A. Gossett. (LRH)
March 28, 2013 Filing 53 Joint STIPULATION and Order to Serve Subpoena by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Attachment 1)(Shotkoski, Paul)
March 22, 2013 Filing 52 INDEX in support of MOTION to Compel Compliance with Court Order #51 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Affidavit Shotkoski, #2 Exhibit 1.A, #3 Exhibit 1.B, #4 Exhibit 1.C, #5 Exhibit 1.D)(Shotkoski, Paul)
March 22, 2013 Filing 51 MOTION to Compel Compliance with Court Order by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
March 5, 2013 Filing 50 TEXT ORDER granting #48 Motion for Extension of Time to File a Responsive Pleading. Jeffrey Bradley answer or response due 4/5/2013; Rebecca Danner answer or response due 4/5/2013; Thomas Danner answer or response due 4/5/2013; Crystal Konecky answer or response due 4/5/2013; Jody May answer or response due 4/5/2013; Chad Needham answer or response due 4/5/2013; Todd Payzant answer or response due 4/5/2013; Retzlaff Grain Company Incorporated answer or response due 4/5/2013; Samantha Rhone answer or response due 4/5/2013; Cindy Scholting answer or response due 4/5/2013; Drew Waggoner answer or response due 4/5/2013; Bryce Wells answer or response due 4/5/2013. Ordered by Deputy Clerk. (AOA)
March 5, 2013 Filing 49 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Patrick M. Flood on behalf of Defendant Retzlaff Grain Company Incorporated.(Flood, Patrick)
March 5, 2013 Filing 48 MOTION for Extension of Time to File a Responsive Pleading by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
March 1, 2013 Filing 47 WAIVER OF SERVICE Returned Executed upon defendant Todd Payzant. Waiver sent on 2/27/2013. (McGill, Sarah)
February 26, 2013 Filing 46 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
February 26, 2013 Opinion or Order Filing 45 MEMORANDUM AND ORDER - Plaintiff West Plains, L.L.C. d/b/a CT Freight Company's Motion for Preliminary Injunction (Filing No. #5 ) is granted in part. The Clerk of Court is instructed to remit to Plaintiff West Plains, L.L.C. d/b/a CT Freight Company C/O Kathryn Dittrick, 409 S. 17th Street, Suite 500, Energy Plaza, Omaha, NE 68102, the security in the amount of $25,000.00, that it deposited with the Clerk of Court on February 12, 2013. Ordered by Chief Judge Laurie Smith Camp. (Copy to Finance)(AOA)
February 21, 2013 Filing 44 REPLY BRIEF in opposition to Plaintiff's Motion for Temporary Restraining Order Preliminary Injunction by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
February 21, 2013 Filing 43 REPLY BRIEF in support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
February 20, 2013 Filing 42 TEXT MINUTE ENTRY for proceedings held on 2/20/2013 before Chief Judge Laurie Smith Camp regarding Motion for Preliminary Injunction #5 filed by the plaintiff. Filing #40 to be restricted. Matter taken under advisement. TRO to remain in effect. Order to be issued. Hearing held in Omaha, NE; Appearance for Plaintiff: Kathryn A. Dittrick, Paul M. Shotkoski, Sarah L. McGill;Appearance for Defendant: Edward D. Hotz, Patrick M. Flood; Courtroom Deputy: Marian Lea Frahm; Court Reporter: Brenda Fauber; Time Start: 9:04 AM; Time Stop: 10:51 AM;Time in Court: 1 Hour 47 Minutes. (MLF, )
February 19, 2013 Filing 41 SUPPLEMENT Index of Evidence in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6)(Shotkoski, Paul)
February 19, 2013 Filing 40 RESTRICTED INDEX in opposition to Plaintiff's Motion for Preliminary Injunction by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells. (Attachments: #1 Affidavit Michael Fouts, #2 Affidavit Bryce Wells, #3 Affidavit Chad Needham, #4 Affidavit Needham Ex. A 1-27, #5 Affidavit Needham Ex. A 28-56, #6 Affidavit Needham Ex. B and C, #7 Affidavit Needham Ex. D, #8 Affidavit Needham Ex. E and F, #9 Affidavit Needham Ex. G, #10 Affidavit Needham Ex. H 1-32, #11 Affidavit Needham Ex. H 33-67, #12 Affidavit Needham Ex. I, #13 Affidavit Thomas Danner, #14 Affidavit Cindy Scholting, #15 Affidavit Drew Waggoner, #16 Affidavit Todd Payzant, #17 Affidavit Jeffrey Bradley, #18 Affidavit Crystal Konecky, #19 Affidavit Jody May, #20 Affidavit Samantha Rhone, #21 Affidavit Rebecca Danner)(Flood, Patrick) Modified on 2/20/2013 to restrict per LSC(AOA).
February 19, 2013 Filing 39 BRIEF in opposition to Plaintiff's Motion for Preliminary Injunction by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Retzlaff Grain Company Incorporated, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells.(Flood, Patrick)
February 19, 2013 Filing 38 SUMMONS Returned Executed upon Samantha Rhone, defendant All Plaintiffs. (Dittrick, Kathryn)
February 19, 2013 Filing 37 SUMMONS Returned Executed upon Crystal Konecky, defendant All Plaintiffs. (Dittrick, Kathryn)
February 19, 2013 Filing 36 WAIVER OF SERVICE Returned Executed upon defendant Retzlaff Grain Company Incorporated. Waiver sent on 2/13/2013; Bryce Wells. Waiver sent on 2/13/2013. (Shotkoski, Paul)
February 18, 2013 Filing 35 SUMMONS Returned Executed upon Thomas Danner defendant All Plaintiffs. (Dittrick, Kathryn)
February 18, 2013 Filing 34 SUMMONS Returned Executed upon Rebecca Danner defendant All Plaintiffs. (Dittrick, Kathryn)
February 18, 2013 Filing 33 SUMMONS Returned Executed upon Jeffrey Bradley defendant All Plaintiffs. (Dittrick, Kathryn)
February 15, 2013 Filing 32 SUMMONS Returned Executed upon Jody May, defendant All Plaintiffs. (Dittrick, Kathryn)
February 15, 2013 Filing 31 SUMMONS Returned Executed upon Drew Waggoner, defendant All Plaintiffs. (Dittrick, Kathryn)
February 15, 2013 Filing 30 SUMMONS Returned Executed upon Cindy Scholting, defendant All Plaintiffs. (Dittrick, Kathryn)
February 15, 2013 Filing 29 SUMMONS Returned Executed upon Chad Needham, defendant All Plaintiffs. (Dittrick, Kathryn)
February 14, 2013 Filing 28 NOTICE of Appearance by Attorney Edward D. Hotz on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Hotz, Edward)
February 14, 2013 Filing 27 NOTICE of Appearance by Attorney Michael R. Peterson on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Peterson, Michael)
February 14, 2013 Filing 26 NOTICE of Appearance by Attorney Patrick M. Flood on behalf of Defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Samantha Rhone, Cindy Scholting, Drew Waggoner, Bryce Wells (Flood, Patrick)
February 14, 2013 Opinion or Order Filing 25 ORDER - Plaintiff's Motion to Expedite Discovery (filing #22 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (AOA)
February 13, 2013 Opinion or Order Filing 24 ORDER - A hearing on the Plaintiff's Motion for Preliminary Injunction (Filing No. #5 ) shall commence on Wednesday, February 20, 2013, at 9:00 A.M. before the undersigned in Courtroom No. 2, Roman L. Hruska, United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Defendants may submit a response to the Plaintiffs brief and evidence in support of their Motion for Preliminary Injunction (Filing No. #5 ) at or before the time of the hearing. The parties are advised that because of the Courts time limitations, evidence should be submitted in the form of written affidavits or declarations. Ordered by Chief Judge Laurie Smith Camp. (AOA)
February 13, 2013 Filing 23 BRIEF in support of MOTION Motion to Expedite Discovery #22 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
February 13, 2013 Filing 22 MOTION Motion to Expedite Discovery by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
February 12, 2013 Filing 21 NOTICE of Appearance by Attorney Edward D. Hotz on behalf of Defendant Retzlaff Grain Company Incorporated (Hotz, Edward)
February 12, 2013 Filing 20 NOTICE of Appearance by Attorney Michael R. Peterson on behalf of Defendant Retzlaff Grain Company Incorporated (Peterson, Michael)
February 12, 2013 Filing 19 TEXT RECEIPT FOR BOND in the amount of $ 25,000, receipt number 8023185, paid by REF West Plains LLC, C/O Kathryn Dittrick, 409 S. 17th Street, Suite 500, Energy Plaza, Omaha, NE 68102, regarding Memorandum and Order #17 . (TCL)
February 12, 2013 Filing 18 NOTICE of Appearance by Attorney Patrick M. Flood on behalf of Defendant Retzlaff Grain Company Incorporated (Flood, Patrick)
February 12, 2013 Opinion or Order Filing 17 MEMORANDUM AND ORDER - West Plains' Motion for Temporary Restraining Order and Preliminary Injunction (Filing No. #5 ) is granted in part, as follows: Defendants Jeffrey Bradley, Thomas Danner, Rebecca Danner, Jody May, Chad Needham, Todd Payzant, Crystal Konecky, Samatha Rhone, Cindy Scholting and Drew Waggoner (the "Individual Defendants") are restrained and enjoined from directly or indirectly soliciting or contacting, with a view to brokering with, servicing, contracting with, or accepting business from any person, firm, business, customer, client, or contractor with whom the Individual Defendants solicited or serviced or otherwise dealt with on behalf of West Plains. Defendants are restrained and enjoined from directly or indirectly using, disclosing or transmitting for any purpose any confidential information and trade secrets obtained by Individual Defendants during their employment with West Plains, including without limitation, information about customer needs (e.g. quantity of resources and location of resources needed by customers; and customer contact personnel and their corresponding facsimile numbers, telephone numbers, or email contact information); pricing processes and rates; driver databases and/or spreadsheets and information contained therein or derived therefrom; proposals made or planned by West Plains for such customers; and technical analyses or other data provided by West Plains for use by Individual Defendants in servicing customers and contract carriers (collectively the "Confidential Information"). Defendants and all persons or entities acting in concert with them are restrained and enjoined from destroying, manipulating, or disposing of any data, including Confidential Information, taken from West Plains. Defendants and all persons or entities acting in concert with them shall immediately return to West Plains all original records or documents and any copies in whatever form or type, that contain Confidential Information belonging to West Plains. Defendants are restrained and enjoined from directly or indirectly taking freight orders or placing freight orders for brokerage from any person, firm, business, customer, client, or contractor with whom the Individual Defendants solicited or serviced or otherwise dealt with on behalf of West Plains. This Temporary Restraining Order is issued on February 12, 2013, at 3:20 p.m., and expires on February 26, 2013, at 3:20 p.m., unless earlier amended or vacated. Plaintiff is instructed to effect service of this Temporary Restraining Order upon Defendants according to Fed. R. Civ. P. 65(d)(2). Plaintiff will remit to the Clerk of Court security in the amount of $25,000.00, that will be paid to Defendants, in whole or part, in the event that Defendants are found to have been wrongfully enjoined. Ordered by Chief Judge Laurie Smith Camp. (Copy to Finance)(AOA)
February 12, 2013 Filing 16 Summons Issued as to defendants Jeffrey Bradley, Rebecca Danner, Thomas Danner, Crystal Konecky, Jody May, Chad Needham, Todd Payzant, Samantha Rhone, Cindy Scholting, Drew Waggoner. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (AOA)
February 12, 2013 Opinion or Order Filing 15 TEXT ORDER granting in part, and denying in part 8 Plaintiff's Motion to File Index of Evidence Under Seal. Access to Filing No. 9 shall be restricted to the Court and Case Participants. Ordered by Magistrate Judge F.A. Gossett. (LRH)
February 12, 2013 Filing 14 Summons Requested as to regarding Complaint #1 . (Dittrick, Kathryn)
February 11, 2013 Filing 13 TEXT MINUTE ENTRY for proceedings held on 2/11/2013 before Chief Judge Laurie Smith Camp regarding #5 Motion for Temporary Restraining Order and Preliminary Injunction. Temporary Restraining Order to be issued. Hearing held in Omaha, NE; Appearance for Plaintiff:Paul M. Shotkoski and Kathryn A. Dittrick; Appearance for Defendant: Michael R. Peterson;Courtroom Deputy: Marian Lea Frahm; Court Reporter: Brenda Fauber; Time Start: 3:33 PM; Time Stop: 4:15 PM; Time in Court: 43 Minutes. (MLF, )
February 11, 2013 Opinion or Order Filing 12 TEXT ORDER Setting Hearing on Motion for Temporary Restraining Order and Preliminary Injunction #5 . Motion Hearing set for 2/11/2013 at 3:30 PM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp.Ordered by Chief Judge Laurie Smith Camp. (MLF, )
February 11, 2013 Opinion or Order Filing 11 TEXT ORDER granting #10 Motion for Immediate Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. Hearing to be set by further order of the court. Ordered by Chief Judge Laurie Smith Camp. (MLF, )
February 11, 2013 Filing 10 MOTION for Hearing by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
February 11, 2013 Filing 9 RESTRICTED DOCUMENT Index of Evidence in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Affidavit, #11 Affidavit)(Shotkoski, Paul) Modified on 2/12/2013 to restrict per filing 15 (AOA). Modified on 2/12/2013 to restrict per filing 15 (JLS, ).
February 11, 2013 Opinion or Order Filing 7 REASSIGNMENT ORDER - In the interest of judicial economy, the Clerk shall randomly reassign this case to an Omaha Article III Judge. Ordered by Chief Judge Laurie Smith Camp. (MKR)
February 11, 2013 Filing 6 BRIEF in support of MOTION for Temporary Restraining Order and Preliminary Injunction #5 by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
February 11, 2013 Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction by Attorney Paul M. Shotkoski on behalf of Plaintiff West Plains, L.L.C..(Shotkoski, Paul)
February 11, 2013 Filing 4 REPORT on the filing of an action regarding trademark number. Complaint filed on 2/8/2013. (Attachments: #1 Complaint) (GJG)
February 11, 2013 Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff West Plains L.L.C.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(GJG, )
February 11, 2013 Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Warren K. Urbom and Magistrate Judge Cheryl R. Zwart assigned. (GJG)
February 8, 2013 Filing 1 COMPLAINT with jury demand against All Defendants ( Filing fee $ 350, receipt number 0867-2435052), by Attorney Paul M. Shotkoski on behalf of West Plains L.L.C.(Shotkoski, Paul)

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Search for this case: West Plains, L.L.C. v. Retzlaff Grain Company Incorporated, et al
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Defendant: Bryce Wells
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Thomas Danner
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Cindy Scholting
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Rebecca Danner
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Crystal Konecky
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Drew Waggoner
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Samantha Rhone
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Jody May
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Chad Needham
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Todd Payzant
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Jeffrey Bradley
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Defendant: Retzlaff Grain Company Incorporated doing business as RFG Logistics
Represented By: Edward D. Hotz
Represented By: Emily L. Jung
Represented By: Patrick M. Flood
Represented By: Michael R. Peterson
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Plaintiff: West Plains, L.L.C. doing business as CT Freight Company
Represented By: Sarah L. McGill
Represented By: Kathryn A. Dittrick
Represented By: Paul M. Shotkoski
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