Affiliated Foods Midwest Cooperative, Inc. v. SuperValu Inc.
| Affiliated Foods Midwest Cooperative, Inc. |
| SuperValu Inc. |
| Borowiak IGA Foodliner, Inc. |
| 8:2016cv00465 |
| October 12, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| F.A. Gossett |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Defendant |
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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
317
ORDER TO DESTROY: Counsel for the plaintiff notified the court on April 17, 2019 that they wish the following exhibits held by the court in this matter be destroyed - Plaintiff's Exhibit #1 from motion hearing held 10/14/2016. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above-listed exhibits 14 days from the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
316
JUDGMENT regarding Stipulation for Dismissal 315 . All claims between the parties herein are dismissed with prejudice, the parties to pay their own costs and attorney fees. Ordered by Senior Judge Joseph F. Bataillon. (JAB)
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Filing
281
MEMORANDUM AND ORDER that AFM/AFW objections (Filing No. 221 in Case No. 16cv466 and Filing No. 233 in Case No. 16cv465) are overruled. The Order of the Magistrate Judge (Filing No. 217 in Case No. 16cv466 and Filing No. 229 in Case No. 16cv465) is affirmed in all respects. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Senior Judge Joseph F. Bataillon. (LAC)
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Filing
262
ORDER that as to Supervalu's Motion in Limine to Exclude the Expert Testimony of Robert Graybill (Filing No. 240 in the Lead Case; Filing No. 253 in the Member Case) AFM/AWG's brief opposing the motion is due January 4, 2019 and Supervalu may file a reply brief on or before January 11, 2019. As to Supervalu's Motion for Summary Judgment (Filing No. 237 in the Lead Case; Filing No. 250 in the Member Case) AFM/AWG's brief opposing the motion is due January 11, 2019 and Supe rvalu may file a reply brief on or before January 18, 2019. As to AWF/AWG's Motion for Summary Judgment (Filing No. 245 in the Lead Case), AFM/AWG may file a reply brief on or before January 18, 2019. As to AFM/AWG's Statement of Objectio ns to the Magistrate Judge's November 27, 2018, Order (Filing No. 259 in the Lead Case; Filing No. 258 in the Member Case), Borowiak IGA may file an opposing brief on or before January 11, 2019. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN. Ordered by Magistrate Judge Michael D. Nelson. (MBM)
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Filing
249
ORDER - Motions for summary judgment are due December 7, 2018. Daubert Motions in Limine are due December 7, 2018. A telephonic status conference is set for December 13, 2018, at 1:30 p.m. before Magistrate Judge Michael D. Nelson. The parties shall use the Case Conference Instructions associated with these cases. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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Filing
235
ORDER that AFM/AWG's Motion to Quash Corporate Representative Deposition of Associated Wholesale Grocers (Filing No. 220 in Lead Case; Filing No. 232 in Member Case) is denied as moot. The Rule 30(b)(6) deposition of AWG shall take place on November 15, 2018. Counsel for Borowiak IGA Foodliner, Inc. may appear at such deposition by telephone. The deadline for parties to file Motions to Dismiss and/or Motions for Summary Judgment is extended to November 21, 2018. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
229
ORDER that AFM/AWG's Motion for Leave to File Supplemental Counterclaim and Supplemental Third-Party Complaint (Filing No. 171 ) is denied. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
199
ORDER - In the Member Case, on or before October 5, 2018, AFM/AWG is to produce documents responsive to SuperValu's Request for Production of Document Nos. 1 and 25-29, in accordance with SuperValu's last offered compromise (Ex. A ). In the Lead Case, on or before October 5, 2018, AFM/AWG is to identify by Bates number (or some other easily identifiable manner) the 70-plus emails they assert were produced by SuperValu to both parties in the Member Case that should ha ve been produced by Borowiak; Thereafter, on or before October 19, 2018, Borowiak is to conduct a reasonable investigation into why these emails were not produced, and provide an affidavit to AFM/AWG identifying its efforts to obtain and pr ovide responsive documents and indicating whether all responsive documents have been produced after a diligent and good faith effort to locate and identify responsive materials. Borowiak shall also produce any additional responsive documents located after its search. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
160
ORDER that the Motion to Quash and/or Protective Order and For Expedited Relief (Filing No. 152 in the Lead Case; Filing No. 158 in the Member Case) is granted. Counsel are to meet and confer to expeditiously reschedule Mark Franklin's deposition for a date convenient for all parties. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
136
ORDER - The two above-captioned cases are consolidated for purposes of discovery and pretrial management. Case No. 8:16CV466 is designated as the "Lead Case" and Case No. 8:16CV465 is designated as "Member Case." The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. The parties are instructed to file documents relate d to discovery (except those described in paragraph 5) in the Lead Case and to select the option "yes" in response to the System's question whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes an item in addition to those described in paragraph 4 should not be filed in all the consolidated c ases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (KMM)
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Filing
92
ORDER that Borowiak's Motion to Compel (Filing No. 86 ), is granted, in part, in accordance with the parties' agreements and the Court's direction as discussed during the telephonic conference. The parties' supplemental product ion of documents shall take place on or before December 22, 2017. Per the parties' stipulation, the deadline for each defendant, counter-defendant, and cross-defendant to identify expert witnesses and serve expert reports is extended to Decem ber 18, 2017. If necessary to refute the disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or cross-claimant may disclose additional expert witnesses not later than January 19, 2018. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
87
PROTECTIVE ORDER. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
76
MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: The objections to the findings of the magistrate judge in the Lead Case, Filing No. 54, are overruled. The objections to the findings of the magistrate judge in the Member Case, Filing No. 61, are overruled. The motion to strike the jury demand in the Lead Case, Filing No. 37, is granted. The order of the magistrate judge, Filing No. 48, is adopted in its entirety. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
55
ORDER that the Motion to Strike Plaintiff's Jury Demand in the Lead Case (Filing No. 37 ) is granted. Member Cases: 8:16-cv-00466-JFB-FG3, 8:16-cv-00465-JFB-FG3 Ordered by Magistrate Judge F.A. Gossett. (LAC)
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Filing
53
ORDER - Plaintiffs' Motion to Amend Pleadings in the Member Case (Filing No. 45 ) in Case No. 8:16cv465 is granted. Plaintiffs may file the Amended Complaint on or before June 2, 2017. Ordered by Magistrate Judge F.A. Gossett. (KLF)
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Filing
39
MEMORANDUM AND ORDER granting 10 Motion to Intervene. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
38
ORDER - Borowiak IGA Foodliner, Inc.'s Motion to Consolidate (Filing No. 23 in Case No. 8:16CV466) is granted, in part. To the extent that the motion to consolidate asks the cases be consolidated for trial, it is denied without prejudice to reas sertion at a later date. The two above-captioned cases are consolidated for purposes of discovery and pretrial management only. Case No. 8:16CV466 will be designated as the "Lead Case" and Case No. 8:16CV465 will be designated as "Memb er Case." The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. The parties are ins tructed to file documents related to discovery (except those described in paragraph 5) in the Lead Case and to select the option "yes" in response to the System's question whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes an item in addition to those described in paragraph 4 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. The parties shall have until February 17, 2017, to meet, confer, and jointly file a report pursuant to Fed. R. Civ. P. 26(f), encompassing both cases.Ordered by Magistrate Judge F.A. Gossett. (KLF)
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Filing
37
ORDER - Borowiak IGA's Motion for Extension of Time to File a Rule 26(f) Report (Filing No. 25 in Case No. 8:16cv466) is granted. The Rule 26 Meeting Report Deadline is canceled in case numbers 8:16cv465 and 8:16cv466. The court will reset the deadline upon resolution of the pending Motion to Consolidate. Ordered by Magistrate Judge F.A. Gossett. (KLF)
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Filing
29
AMENDED ORDER - Before the court is the Notice of Related Case (Filing No. 8 ) filed by the Plaintiff in Case No. 8:16CV466. After a review of the matter, the court finds that the above cases are related as defined under NEGenR 1.4(a)(4)(c)(i). Acco rdingly, Case No. 8:16CV466, Borowiak IGA Foodliner, Inc., v. Affiliated Foods Midwest Cooperative, Inc, is reassigned to Senior Judge Joseph F. Bataillon for disposition and to Magistrate Judge F. A. Gossett for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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Filing
28
ORDER - Before the court is the Notice of Related Case (Filing No. 8) filed by the Plaintiff in Case No. 8:16CV466. After a review of the matter, the court finds that the above cases are related as defined under NEGenR 1.4(a)(4)(c)(i). Accordingly, Case No. 8:14CV466, Borowiak IGA Foodliner, Inc., v. Affiliated Foods Midwest Cooperative, Inc, is reassigned to Senior Judge Joseph F. Bataillon for disposition and to Magistrate Judge F. A. Gossett for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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Filing
19
ORDER RELEASING BOND- In light of the court's order granting the Defendant's Motion to Dissolve Temporary Restraining Order 6 , the Clerk's Office for the District Court of Madison County, NE shall return the case bond in the amount of $10,000.00 to the Plaintiff, Affiliated Foods Midwest Cooperative, Inc. Ordered by Chief Judge Laurie Smith Camp. (MKR)
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