Certain Underwriters at Lloyd's and those companies severally subscribing to Boeing Policy Number MARCW150053 and related policies governing the cargo et al v. Southern Pride Trucking, Inc. et al
| Certain Underwriters at Lloyd's and those companies severally subscribing to Boeing Policy Number MARCW150053 and related policies governing the cargo and The Boeing Company |
| Bauer Built, Inc., Road Star Carrier, Inc., Southern Pride Trucking, Inc. and Thunder Rolls Express, Inc. |
| Bauer Built, Inc. and Road Star Carrier, Inc. |
| Southern Pride Trucking, Inc. and Thunder Rolls Express, Inc. |
| 8:2016cv00116 |
| March 17, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| John M. Gerrard |
| Cheryl R. Zwart |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
384
JUDGMENT - Pursuant to the parties' joint Stipulation of Dismissal (filing 383 ), this case is dismissed with prejudice, without costs or attorney's fees awarded to any party. Ordered by Chief Judge John M. Gerrard. (LAC)
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Filing
367
ORDER TO SHOW CAUSE: As to Filings 349, 350, 357, 358 and 364, on or before December 7, 2018, the filing parties shall show cause why these filings should not be placed on the courts public docket, in the absence of which the court will lift all filing restrictions and permit public access. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
347
ORDER that the parties' Stipulation of Dismissal (filing 340 ) is approved. The plaintiff's claims against the defendant Road Star Carrier, Inc. are dismissed with prejudice and without costs. The parties' Stipulation of Dismissal (filing 341 ) is approved. Road Star Carrier, Inc.'s claims against defendants Southern Pride Trucking, Inc. and Thunder Rolls Express, Inc. are dismissed, each party to bear their own costs. Ordered by Chief Judge John M. Gerrard. (LAC)
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Filing
326
MEMORANDUM AND ORDER that Bauer Built and Road Star's motion for reconsideration (filing 232 ) is granted in part and denied in part. Thunder Rolls and Southern Pride's motion for partial summary judgment (filing 241 ) is granted. Road Star's cross-claims for indemnity and contribution against Southern Pride and Thunder Rolls are dismissed. Bauer Built and Road Star's motion to extend the progression order (filing 256 ) is granted in part. The deadlines contained in the operative progression order (filing 222 ) are set aside, the pretrial conference and trial date are continued, and the parties are directed to confer on an amended progression schedule acceptable to all parties. On or before July 13, 2018, the parties shall contact the Magistrate Judge to set a case progression conference, which shall also address whether further mediation would be productive. The motions for protective order filed by Road Star (filing 258) and Bauer Built (filing 261 ) are denied without prejudice. Road Star's motion to compel (filing 264 ) is denied without prejudice. Certain Underwriters' motion to compel mediation (filing 269 ) is denied. Certain Underwriters' motion for telephonic oral argument (filing 286 ) is denied. Certain Underwriters' motion to determine the sufficiency of Bauer Built's answers and objections to requests for admission (filing 311 ) is denied without prejudice. Certain Underwriters' obj ection (filing 315 ) is overruled. Bauer Built's motion for declaration (filing 319 ) is denied without prejudice. Certain Underwriters' motion for leave to file a summary judgment motion on damages (filing 325 ) is denied without prejudice. Ordered by Judge John M. Gerrard. (LAC)
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Filing
309
ORDER that, on or before 5:00 p.m. CDT on June 15, 2018, the parties shall file simultaneous briefs addressing whether the questions outlined in this order shall be certified to the Nebraska Supreme Court. Ordered by Judge John M. Gerrard. (LAC)
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Filing
280
ORDER denying 279 Motion for oral argument. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
249
ORDER granting 247 Motion to Withdraw as Attorney.; granting 248 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
240
ORDER that Certain Underwriters' objection (filing 227 ) is overruled. Road Star and Bauer Built's objection (filing 229 ) is overruled. Road Star and Bauer Built's objection (filing 230 ) is overruled. Road Star and Bauer Built 's reply brief (filing 235 ) is stricken. Certain Underwriters' objection (filing 236 ) is overruled as moot. Certain Underwriters' "letter" (filing 238 ) is stricken. Road Star and Bauer Built's "letter" (filing 239 ) is stricken. Road Star and Bauer Built's motion to reconsider (filing 232 ) is submitted. Ordered by Judge John M. Gerrard. (LAC)
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Filing
217
MEMORANDUM AND ORDER that Thunder Rolls and Southern Pride's motion for summary judgment (filing 188 ) is denied. Certain Underwriters' partial motion for summary judgment (filing 189 ) is denied. Road Star's motion for summary j udgment (filing 191 ) is denied in part, and granted in part, as set forth above. Bauer Built's motion for summary judgment (filing 192 ) is denied in part, and granted in part as set forth above. Bauer Built's motion for oral argument (filing 195 ) is denied. Ordered by Judge John M. Gerrard. (LAC)
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Filing
212
ORDER granting 211 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
206
ORDER "Stipulation and [Proposed] Order of Partial Dismissal" (filing 203 ) is approved. The plaintiffs' claims against Southern Pride and Thunder Rolls are dismissed with prejudice, those parties to bear their own fees and costs. Ordered by Judge John M. Gerrard. (LAC)
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Filing
172
AMENDED ORDER that the Defendants' respective answers or responses to Plaintiff's Amended Complaint, (Filing No. 115 ), shall be filed on or before November 3, 2017. The parties' renewed and/or amended dispositive motions shall b e filed on or before November 10, 2017, and a. The parties shall not re-file any previously filed evidence in support of their motions, but as to any new or additional evidence, they shall comply with this court's local rules governing motion practice. b. The parties shall file amended motions and briefs in support of those motions, amending their briefs as needed to cite to the Amended Complaint rather than the prior Complaint, adding citations to any new evidence filed, and incl uding any new arguments raised by the allegations within the Amended Complaint. Any response to the renewed and/or amended dispositive motions shall be filed on or before November 22, 2017. No reply shall be permitted absent leave of the court for good cause shown. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
170
ORDER - IT IS ORDERED: Defendants' respective answers or responses to Plaintiff's Amended Complaint, (Filing No. 115 ), shall be filed on or before November 10, 2017. The parties' renewed and/or amended dispositive motions shall be filed on or before November 10, 2017, and a. The parties shall not re-file any previously filed evidence in support of their motions, but as to any new or additional evidence, they shall comply with this courts local rules governing motion practi ce. b. The parties shall file amended motions and briefs in support of those motions, amending their briefs as needed to cite to the Amended Complaint rather than the prior Complaint, adding citations to any new evidence filed, and including any n ew arguments raised by the allegations within the Amended Complaint. Any response to the renewed and/or amended dispositive motions shall be filed on or before November 22, 2017. No reply shall be permitted absent leave of the court for good cause shown. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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Filing
167
ORDER that Bauer's motion for reconsideration (filing 163 ) is denied. Ordered by Judge John M. Gerrard. (LAC)
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Filing
159
MEMORANDUM AND ORDER that Southern Pride Trucking and Thunder Roll Express's joint motion for partial summary judgment (filing 90 ) is denied without prejudice to reassertion. Certain Underwriters' partial motion for summary judgment as to Bauer Built and Road Star Carrier (filing 111 ) is denied without prejudice to reassertion. Road Star Carrier's motion for summary judgment (filing 116 ) is denied without prejudice to reassertion. Bauer Built's motion for summar y judgment (filing 122 ) is denied without prejudice to reassertion. Bauer Built's motion for oral argument (filing 125 ) is denied without prejudice to reassertion. Certain Underwriters' motion to amend their motion for summary judgme nt (filing 146 ) is denied as moot. Certain Underwriters' motion for leave to file supplemental legal authority (filing 154 ) is denied as moot. This case is referred to the Magistrate Judge for case progression. The Magistrate Judge shall promptly confer with the parties to set an amended progression order consistent with this Memorandum and Order. Ordered by Judge John M. Gerrard. (LAC)
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Filing
158
ORDER granting 157 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
103
ORDER that Plaintiff's motion to amend, (Filing No. 95 ), is denied as moot. Defendant Bauer Built's response to the the Filing 95 motion to amend, (Filing No. 99 ), will be considered in ruling on Plaintiff's newly filed motion to amend, (Filing No. 101 ). Any additional response to Plaintiff's new motion to amend, (Filing No. 101 ), shall be filed on or before January 12, 2017, with Plaintiff's reply due on or before January 19, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
97
ORDER regarding onsite engine inspection. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
94
ORDER that all case progression deadlines (including any response to discovery or efforts toward resolving any disputed discovery issues) are stayed, and the trial and pretrial conference settings are stricken. Defendants Southern Pride Trucking, Inc. and Thunder Rolls Express, Inc. shall file any supplemental or renewed motions for summary judgment by January 6, 2017. Except as to Defendants Southern Pride Trucking, Inc. and Thunder Rolls Express, Inc., on or before January 27, 2017, the p arties shall file their respective: responses to the motion for summary judgment filed by Defendants Southern Pride Trucking, Inc. and Thunder Rolls Express, Inc.; and additional summary judgment motions directed at resolving the liability issues th at are currently impeding active and informed settlement discussions. On or before February 17, 2017, Defendants Southern Pride Trucking, Inc. and Thunder Rolls Express, Inc. shall file any reply to their summary judgment motion, and All parties shal l file their response to the motions for summary judgment due to be filed by January 27, 2017 under the terms of this order. Except as to Defendants Southern Pride Trucking, Inc. and Thunder Rolls Express, Inc., on or before February 24, 2017, the pa rties shall file any reply to their respective summary judgment motions. The parties' motions for summary judgment shall be deemed submitted as of February 27, 2017. The parties are hereby notified that any requests for continuances of the deadlines in this order will be denied absent a substantial showing of good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
86
ORDER that the court's rulings on Bauer Built's discovery disputes against Thunder Rolls are set forth in the attached. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
85
ORDER regarding discovery dispute hearing schedule. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
78
ORDER granting 77 Motion for Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
44
ORDER granting 43 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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