Petersen v. Bitters et al
| Estate of Joyce Rosamond Petersen |
| William E. Bitters, Robert W. Boland, Jr., John L. Henry and United Financial Services |
| 8:2016cv00183 |
| April 25, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| F.A. Gossett |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
304
ORDER - that the motion to withdraw filed by Matthew M. Zarghouni, as counsel of record for Defendant Bitters, (Filing No. 303 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
296
MEMORANDUM AND ORDER that plaintiff Estate of Joyce Rosamond Petersen's Motion to Alter and Obtain Relief from Aspects of Judgment and for New Trial on Certain Issues (Filing No. 291 ) is denied. Defendant William E. Bitters's Motion for Judgment as a Matter of Law, or in the Alternative, Motion for New Trial (Filing No. 289 ) is denied. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Filing
281
MEMORANDUM AND ORDER that William E. Bitters and John L. Henry will be jointly and severally liable to the Estate of Joyce Rosamond Petersen for $356,619.30. The Estate of Joyce Rosamond Petersen's Motion to Dismiss John L. Henry (Filing No. 266 ) is denied. A separate judgment will issue. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
257
ORDER that Plaintiff Estate of Joyce Rosamond Petersen's Motion in Limine (Filing No. 254 ) is granted in part and denied in part. The motion is granted as to paragraphs 3 to 6 of section I and paragraphs 1, 9, and 10 of section II. The motio n is granted in part and denied in part as to paragraphs 1, 10, and 14 of section I and paragraphs 3, 4, 6, and 8 of section II. The motion is denied without prejudice as to paragraphs 2, 7 to 9, and 11 to 13 of section I. The motion is denied as to paragraphs 2, 5, and 7 of section II. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
256
ORDER that Plaintiff Estate of Joyce Rosamond Petersen's first Motion for Reconsideration (Filing No. 247 ) is denied as untimely. The estate's Statement of Objections (Filing No. 248 ) is overruled. The estate's second Motion for Reconsideration (Filing No. 251 ) is denied. To the extent Filing No. 250 is a separate motion, it is denied. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
243
SUPPLEMENTAL ORDER ON PRETRIAL CONFERENCE - The Order on Final Pretrial Conference 234 will be amended to reflect the issues which the Court has determined are the issues left for trial - setting forth the elements. Section C of that Order is amended to conform to Local Rules as set out in this order. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
240
ORDER that the plaintiff Estate of Joyce Rosamond Petersen's objections (Filing No. 229 , 231 and 237 ) are overruled. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
236
ORDER regarding Exhibit List. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
227
MEMORANDUM AND ORDER - that Defendant's objection is sustained, and Matthew M. Zarghouni is stricken as a trial witness for Plaintiff. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LKO)
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Filing
221
MEMORANDUM AND ORDER that plaintiff Estate of Joyce Rosamond Petersen's motions for continuance under Fed. R. Civ. P. 56(d)(2) (Filing Nos. 208 and 215 ) are denied. Robert W. Boland, Jr. and William E. Bitters's joint Motion to Strike a nd for Sanctions (Filing No. 195 ) is granted in part and denied in part. All requests for sanctions are denied. Robert W. Boland, Jr.'s Motion for Summary Judgment (Filing No. 182 ) is granted. Robert W. Boland, Jr. is dismissed as a party. W illiam E. Bitters's Motion for Summary Judgment (Filing No. 184 ) is granted in part and denied in part. Summary judgment is granted in favor of William E. Bitters on the estate's claims of negligent misrepresentation, breach of contract as to the note, and assumpsit. Summary judgment is denied in all other respects. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
220
ORDER denying 215 Motion for adverse inference, sanctions, and to continue trial 215 . Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
217
ORDER - Defendants' motions, (Filing Nos. 212 and 214 ), and insofar as they request a continuance of the pretrial conference and trial schedule, Plaintiff's motions, (Filing Nos. 208 and 215 ), are granted in part as follows: The jur y trial of this case is continued and will commence before Robert F. Rossiter, Jr., in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00a.m. on July 9, 2018, or as soon thereafter as the case may be calle d, for a duration of five (5) trial days. Jury selection will be held at the commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on June 26, 2018 at 8:30 a.m., and will be conducted in Courtr oom 2, United States Courthouse,Lincoln, Nebraska. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format,by 5:00 p.m. on June 22, 2018. The failu re to participate in preparing the proposed pretrial conference memorandum may result in excluding the non-complying party's witnesses and exhibits at trial. Defendants' response to Plaintiff's motion, (Filing No. 215 ) shall be filed by 12:00 p.m. (noon) on June 18, 2018. No reply is permitted absent a substantial showing of good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
203
MEMORANDUM AND ORDER that the Estate of Joyce Rosamond Petersen's Statement of Objections to Magistrate Judge's Order Dated March 14, 2018 (Filing No. 189 ) is overruled. The Estate of Joyce Rosamond Petersen's Statement of Objections to Magistrate Judges Order Dated March 23, 2018 (Filing No. 190 ) is overruled. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
188
ORDER denying 186 Motion to Extend. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
181
MEMORANDUM AND ORDER - Defendant Henry's Motion for Protective Order, (Filing No. 162 ), is denied. Defendant Henry's Motion to Quash, (Filing No. 164 ), is denied as moot. Plaintiff's Motion, (Filing No. 166 ), is granted in part and denied in part. Defendant Henry's Motion for Additional Time to Respond to Plaintiff's Motion, (Filing No. 174 ), is denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
165
ORDER - that Plaintiff's counsel shall respond to Defendant Henry's motions (Filing Nos. 162 and 164 ), on or before February 14, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LKO)
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Filing
160
ORDER that the court's rulings on the parties' discovery disputes are stated in the attached. All responses or supplemental responses ordered shall be served on or before March 2, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LAC)
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Filing
157
ORDER denying John Henry's Motion to Reconsider 152 . Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
151
ORDER that Henry's objections (Filing Nos. 139 and 150 ) to the Magistrate's Order (Filing No. 138 ) and the Transcript Order (Filing No. 142 ) are overruled. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
149
ORDER that Henry's Objection to Magistrate Judge's Order 139 is overruled. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
148
ORDER TO SHOW CAUSE - Henry shall have until December 29, 2017, to show cause why his Objection should not be dismissed for failure to follow NECivR 72.(a). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
147
ORDER granting 145 & 146 Motions to Continue The chambers discovery conference previously scheduled for December 21, 2017 will be held on January 25, 2018 at 1:00 PM before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
142
ORDER regarding request for transcript 139 . To obtain a transcript, John L. Henry must pre-pay to the Clerk the amount of $361.35 to have the transcript prepared within 30 days, or $420.75 if Mr. Henry would like it prepared within 14 days. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
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Filing
138
ORDER - Defendant Henry's statements at the November 6, 2017 conference shall be deemed as amended responses to Plaintiff's discovery requests. On or before December 4, 2017, Defendant Henry shall produce: a. a complete response to Plaintif f's Request for Production No. 6 ("W-2 forms from 2007 to the present"); b. the statements and documents he was able to obtain from his bank, including but not limited to First National Bank of Omaha, and Wells Fargo Bank; c. a complet e response to Plaintiff's Request For Production No. 24 (any utility or financial account statement showing your current business address as well as your business address as of February 8, 2008), including retrieving documents from his accountan t as may be necessary; and d. a complete response to Plaintiff's Request For Production No. 31 ("the phone number, contact information, address, and name" of Defendant Henry's wife, son, brother, and any other witness). Plaintiff may file a motion to compel regarding Plaintiff's Request For Production No. 9. Defendant Henry shall keep the Court and parties promptly apprised of his address and any address changes for the duration of this litigation. The Clerk's office shall mail a copy of this order to pro se defendant Henry at the address of record. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (KLF)
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Filing
123
ORDER - The parties shall review the undersigned magistrate judge's practices posted at Civil Case Management Practices. Counsel for the parties and pro se defendant shall confer and, on or before January 23, 2017, they shall jointly file a Form 35 (Rule 26 (f)) Report, a copy of which can be found at http://www.ned.uscourts.gov/forms in Word and WordPerfect format. If one or more of the parties believes a planning conference is needed to complete the Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the Rule 26(f) Report, on or before January 16, 2017 a party shall contact my chambers at (402) 437-1670, or by email addressed to zwart@ned. uscourts.gov, to arrange a conference call. Mandatory disclosures shall be served by January 23, 2017. The Clerk's office shall mail a copy of this order to the pro se defendant at the address of record. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(GJG)
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Filing
121
MEMORANDUM AND ORDER that Defendant William E. Bitters's Amended Motion to Dismiss (Filing No. 104 ) is GRANTED with respect to the Estate's NUDTPA, NCPA, and RICO claims and DENIED in all other respects. Defendant Robert W. Boland, Jr.� 39;s Amended Motion to Dismiss (Filing No. 106 ) is GRANTED with respect to the Estate's NUDTPA, NCPA, and RICO claims and DENIED in all other respects. Defendant John Henry's Motion to Dismiss the plaintiff's breach-of-contract claim (Filing No. 112 ) is DENIED. The Estate's claims for violations of the NUDTPA, NCPA, and RICO are dismissed, without prejudice. Defendant John L. Henry's Motion for Cease and Desist Order (Filing No. 111 ) and Motion to Surpress [sic] an d Request for Sanctions (Filing No. 120 ) are DENIED. Defendants Bitters and Boland shall file an answer or otherwise plead within fourteen (14) days of the date of this order. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Filing
117
ORDER - This matter is before the court on the court's own motion pursuant to 28 U.S.C. § 455(a), which states: "Any... judge... of the United States shall disqualify himself in any proceeding in which his impartiality might reason ably be questioned. Upon review of the complaint, the parties, and the current disputes in the above-designated case, the undersigned judge shall, and hereby does, recuse himself from the above-designated case pursuant to 28 U.S.C. § 455(a). IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
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Filing
109
MEMORANDUM AND ORDER - The Clerk of Court is directed to mail a copy of the plaintiff's Amended Complaint (Filing No. 99 ), together with this Order, to defendant Henry at the most recent address he has made available to the Court: John L. He nry P.O. Box 27659 Omaha, NE 68127. Defendant Henry's request for additional time in which to answer (Filing No. 108 ) is granted. Defendant Henry shall file an answer or otherwise respond to the plaintiff's Amended Complaint (Filing No. 99 ) within ten (10) days of the date of this order. Ordered by Judge Robert F. Rossiter, Jr.(Copy mailed to pro se party as directed)(GJG)
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Filing
103
MEMORANDUM AND ORDER - Defendant Henry's motion to set aside default (Filing No. 85 ) is granted. The Default Judgment (Filing No. 82 ) and Clerk's Entry of Default (Filing No. 75 ) are vacated and set aside. Defendant John L. Henry shall file an Answer or otherwise respond to the plaintiff's Amended Complaint within ten (10) days of the date of this order. Ordered by Judge Robert F. Rossiter, Jr.. (Copy mailed to pro se party)(GJG)
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Filing
98
MEMORANDUM AND ORDER - The plaintiff's Motion for Leave to Amend (Filing No. 80 ) is GRANTED. The plaintiff shall file a clean copy of the proposed Amended Complaint within three (3) days of the date of this order. The defendants' Motions to Dismiss (Filing Nos. 68 and 70 ) are DENIED, without prejudice to reassertion. The defendants shall answer or otherwise respond to the amended pleading within fourteen (14) days of the date of the filing of the Amended Complaint. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (KLF)
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Filing
97
ORDER - This matter is before the Court on defendant John L. Henry's (Henry) Motion for Leave to Appeal In Forma Pauperis (Filing No. 95 ). On July 19, 2016, this Court entered an order explaining the Court would construe Henry's Notic e of Appeal as a motion to set aside the entry of default and default judgment (Filing No. 87 ) previously entered against Henry in this case. Because the Court construed Henry's Notice of Appeal as a motion to set aside the entry of default and default judgment, Henry's Motion for Leave to Appeal In Forma Pauperis (Filing No. 95 ) is DENIED as moot. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)(GJG)
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Filing
87
ORDER - The Clerk of Court shall not process the appeal in this case to the United States Court of Appeals for the Eighth Circuit. Henry shall have ten (10) days from the date of this order to file a brief and any evidence in support of setting aside the entry of default and default judgment. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)(GJG)
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Filing
73
ORDER - The plaintiff has until July 5, 2016, to show cause why this case should not be dismissed as against the defendant John L. Henry for failure to prosecute or take some other appropriate action. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
62
ORDER - Defendants shall file an answer or other responsive pleading on or before May 13, 2016. The parties shall meet and confer and file an updated, detailed report pursuant to Rule 26(f) of the Federal Rules of Civil Procedure on or before May 30, 2016. The parties shall use the Form 35 (Rule 26(f)) Report posted on this court's website, www.ned.uscourts.gov/forms. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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