Hayes v. Metropolitan Property & Casualty Insurance Company
Plaintiff: Eric D. Hayes
Defendant: Metropolitan Property & Casualty Insurance Company
Case Number: 8:2014cv00339
Filed: October 31, 2014
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Thomas D. Thalken
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
December 21, 2023 Opinion or Order Filing 178 ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED regarding Non-Jury Trial 126 . Ordered by Chief Judge Robert F. Rossiter, Jr. (MKR)
January 17, 2019 Opinion or Order Filing 176 ORDER - The Motion to Release Supersedeas Bond, ECF No. 174 , is granted. Supersedeas Bond Number 015055135 (the "Bond") in the amount of $592,570.00, ECF No. 164 , is hereby released. Liberty Mutual is hereby released from any and a ll past, present and future liability arising under or in connection with the Bond. The Clerk of the Court is directed to release the Bond for immediate return to: Michael L. Moran, Engles, Ketcham, Olson & Keith, P.C., 1350 Woodmen Tower, Omaha, Nebraska 68102. Ordered by Senior Judge Laurie Smith Camp. (E-mailed to Finance) (KLF)
September 18, 2017 Opinion or Order Filing 159 ORDER SETTING BOND AND STAYING EXECUTION - The parties' Joint Stipulation Setting Bond and Staying Execution, ECF No. 155 , is approved. Defendant Metropolitan Property & Casualty Insurance Company shall post a supersedeas bond in the amount of $592,571.00 within fourteen (14) days of this Order. All executions upon the Judgment and upon orders awarding costs and attorney fees are stayed pending the Defendant's timely posting of the bond, and, upon timely posting of the bond, are further stayed pending disposition of the Defendant's appeal. The Defendant Metropolitan Property & Casualty Insurance Company's Motion to Fix Amount of Supersedeas Bond and to Stay Judgment Pending Appeal, ECF No. 152 , is denied as moot. Ordered by Chief Judge Laurie Smith Camp. (KLF)
August 31, 2017 Opinion or Order Filing 150 MEMORANDUM AND ORDER that Plaintiff Eric D. Hayes's motion for attorney's fees, ECF No. 137 , is granted in part as follows: Attorney's fees are awarded to Plaintiff Eric D. Hayes in the amount of $86,160.00; and the motion is otherwise denied. Defendant Metropolitan Property & Casualty's motion to amend the Court's Findings of Fact and Conclusions of Law and/or Judgment, ECF No. 140 , is denied. Defendant Metropolitan Property & Casualty's motion to stay the Judgment and taxation of costs, ECF No. 142 , is denied. Ordered by Chief Judge Laurie Smith Camp. (LAC)
April 13, 2017 Opinion or Order Filing 122 ORDER ON FINAL PRETRIAL CONFERENCE - estimated length of trial is 4 days; Non-Jury Trial set for 4/18/2017 at 09:00 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. (GJG)
March 30, 2017 Opinion or Order Filing 117 MEMORANDUM AND ORDER - Defendant's motion to strike 113 is denied. Defendant's motion for summary judgment 103 is denied. Ordered by Senior Judge Lyle E. Strom. (KLF)
February 27, 2017 Opinion or Order Filing 112 ORDER - that the motion 111 is granted. Defendant shall have until March 9, 2017, to file a brief in reply to plaintiff's brief in opposition to defendant's motion for summary judgment. Ordered by Senior Judge Lyle E. Strom. (KLF)
February 9, 2017 Opinion or Order Filing 108 ORDER granting 107 Motion to Extend. Plaintiff shall have until February 20, 2017, to file opposition brief and materials to defendant's motion for summary judgment. Ordered by Senior Judge Lyle E. Strom. (ADB)
December 16, 2016 Opinion or Order Filing 102 MEMORANDUM AND ORDER - that defendant's motion in limine to exclude the expert testimony of Mark Malloy 91 is denied without prejudice. Defendant will be permitted to renew its motion at trial. Ordered by Senior Judge Lyle E. Strom. (KLF)
November 14, 2016 Opinion or Order Filing 96 ORDER - that the motion 94 is granted. Plaintiff shall have until November 15, 2016, file a resistance to defendant's motion in limine 91 . The stipulation 95 is approved and adopted. Ordered by Senior Judge Lyle E. Strom. (KLF)
October 11, 2016 Opinion or Order Filing 90 3rd AMENDED FINAL PROGRESSION ORDER - On or before January 6, 2017, all depositions by the parties' shall be completed. The Final Pretrial Conference is set for April 3, 2017 at 9:30 a.m. before Magistrate F. A. Gossett, in chambers, Suite 2210, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial conference shall be attended by lead counsel for represented parties. Non-Jury Trial is set to commence at 9:00 a.m. on April 17, 2017, in Omaha, Nebraska, before the Honorable Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (KLF)
April 19, 2016 Opinion or Order Filing 77 ORDER that plaintiff's motion to extend time to disclose expert witnesses 75 is granted. Plaintiff shall have until April 29, 2016, to disclose expert witnesses. Defendant shall have until June 4, 2016, to disclose expert witnesses. Plaintiff shall have until June 30, 2016, to disclose any expert rebuttal witnesses. Ordered by Senior Judge Lyle E. Strom. (KLF)
January 20, 2016 Opinion or Order Filing 70 ORDER granting 69 Motion for Protective Order. Ordered by Senior Judge Lyle E. Strom. (KLF)
September 18, 2015 Opinion or Order Filing 63 ORDER that a scheduling conference with the undersigned will be held on Wednesday, September 30, 2015 at 8:30 a.m. in Suite 3190, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, OMAHA, Nebraska, to establish a final progression order for this case. The parties may participate by telephone by notifying Judge Stroms office prior to said date. Ordered by Senior Judge Lyle E. Strom. (MKR)
August 13, 2015 Opinion or Order Filing 61 ORDER - IT IS ORDERED that the motion 60 is granted. The parties shall have until September 18, 2015, to submit their joint Rule 26(f) report. Ordered by Senior Judge Lyle E. Strom. (TCL )
April 24, 2015 Opinion or Order Filing 46 ORDER that defendant's motion to vacate stay 45 is granted. The parties shall submit their Rule 26(f) report on or before May 22, 2015. Defendant's motion to strike and dismiss plaintiff's petition to file interlocutory appeal 36 is denied as moot. Ordered by Senior Judge Lyle E. Strom. (MLF, )
March 3, 2015 Opinion or Order Filing 31 ORDER that Plaintiff's motion to stay 29 is granted. Plaintiff's motion to extend time to file 30 is denied.The petition for interlocutory appeal must be filed within 30 days of February 20, 2015. Ordered by Senior Judge Lyle E. Strom. (MLF, )
January 8, 2015 Opinion or Order Filing 22 ORDER granting 18 motion to suspend pretrial schedule and to continue Rule 26(f) planning report deadline. The parties shall have until fourteen days after the Court rules on defendant's motion to dismiss amended complaint (Filing No. 19) to file their Rule 26(f) report. Ordered by Senior Judge Lyle E. Strom. (MLF, )
January 5, 2015 Opinion or Order Filing 17 ORDER granting 16 Motion to Withdraw as Attorney. Albert M.Engles is deemed withdrawn as counsel for defendant. Ordered by Senior Judge Lyle E. Strom. (MLF, )
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Plaintiff: Eric D. Hayes
Represented By: Connie G. Jolly, Jr.
Represented By: Patrick J. Sullivan
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Defendant: Metropolitan Property & Casualty Insurance Company
Represented By: Albert M. Engles
Represented By: Dan H. Ketcham
Represented By: Michael L. Moran
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