JONES v. FAIRBANK RECONSTRUCTION CORP et al
| EMMIE JONES and JONES |
| FAIRBANK RECONSTRUCTION CORP and GREATER OMAHA PACKING COMPANY INC |
| 2:2011cv00437 |
| November 14, 2011 |
| US District Court for the District of Maine |
| Portland Office |
| Androscoggin |
| JOHN H RICH |
| GEORGE Z SINGAL |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on April 27, 2015. A more recent docket listing may be available from PACER.
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| Filing 253 STATUS REPORT by FAIRBANK RECONSTRUCTION CORP. (WEBER, RALPH) |
Filing 252
ORDER granting #251 Motion to Extend Time/Status Report. The parties have until April 28, 2015 to notify the Court that they have completed and executed their agreement. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Set Deadlines pursuant to Order #252 entered on 4/22/2015: Parties are to notify the Court that they have completed and executed their agreement no later than April 28, 2015. (lrc) |
| Filing 251 STATUS REPORT and Motion to Extend Time by FAIRBANK RECONSTRUCTION CORP. (WEBER, RALPH) Modified on 4/22/2015 to change the event type to motion to extend time(lrc). |
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Filing 250
ORDER ON FAIRBANK'S PETITION FOR ATTORNEYS' FEES & COSTS- #246 Motion for Attorney Fees By JUDGE GEORGE Z. SINGAL. (mjlt)
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| set Deadlines- In accordance with Judge Singal's Order dated April 14, 2015: Fairbank to submit an updated calculation of the prejudgment interest in a format similar to its prior submission (ECF No. 246-1 at Page ID # 6506). The updated calculation shall account for the $240 deducted from the original fee request. Document due by 4/21/2015. (mjlt) |
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Filing 249
ORDER granting #248 Motion for Shawn K. Stevens to Withdraw as Attorney. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 248 Unopposed MOTION for Shawn K. Stevens to Withdraw as Attorney by FAIRBANK RECONSTRUCTION CORP Responses due by 1/5/2015. (CATSOS, PAUL) Modified on 12/15/2014 to clean up docket text (lrc). |
| Filing 247 Response to #246 BILL OF COSTS filed by GREATER OMAHA PACKING COMPANY INC. (MITCHELL, DANIEL) Modified on 12/10/2014 to terminate as a pending motion and clean up docket text to reflect that this is a response to Bill of Costs(lrc). |
| NOTICE of Docket Entry Modification regarding #247 Response to #246 BILL OF COSTS - This docket entry was modified to terminate this filing as a pending motion and reflect that this is a response to Bill of Costs. Counsel should disregard the response deadline generated within ECF No. 247 as the deadline has been terminated by the Clerk's Office. (lrc) |
| Filing 246 BILL OF COSTS and Motion for Attorney Fees by FAIRBANK RECONSTRUCTION CORP Responses due by 12/10/2014. (Attachments: #1 Affidavit Weber iso Attorneys' Fees and Costs, #2 Exhibit 1 - Court Transcripts and video costs, #3 Exhibit 2 - Medical Records Costs, #4 Exhibit 3 - Witness Fees, #5 Exhibit 4 - Expert Fees and Costs, #6 Exhibit 5 - Delivery Costs, #7 Exhibit 6 - Conferencing Costs, #8 Exhibit 7 - Travel Expenses, #9 Exhibit 8 - Meal Costs, #10 Exhibit 9 - Misc. Advance Costs, #11 Exhibit 10 - Local Counsel Fees, #12 Exhibit 11 - GWM Bills)(WEBER, RALPH). Added MOTION for Attorney Fees on 12/16/2014 (lrc). |
| Filing 245 Exhibits from the trial held 5/12/2014-5/15/2014 returned to Daniel Mitchell, Esq. and Paul Catsos, Esq. via hand delivery. Court exhibits from the jury trial held 5/12/2014-5/15/2014 and from the pretrial conference held on 5/8/2014 disposed of at the Clerk's Office. (lrc) |
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Filing 244
ORDER denying 237 Motion for Oral Argument/Hearing. In accordance with Local Rule 7(f), the request for oral argument on GOPAC's post-trial motions (ECF Nos. 235 & 236) is DENIED. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
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Filing 243
ORDER denying #236 Motion for New Trial. Having fully reviewed the parties' written submissions and considered the entire record as well as procedural history of this litigation, the Court finds the clear weight of the evidence presented at the recent trial supports the jury's verdict. Additionally, the Court finds none of its legal rulings, before or during trial, give rise to a miscarriage of justice or otherwise support the granting of a new trial. Therefore, this Motion is DENIED. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
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Filing 242
ORDER denying #235 Motion for Judgment as a Matter of Law. Having fully reviewed the submissions of both sides and considered the trial record as a whole, the Motion for Judgment as a Matter of Law is DENIED for reasons amply stated in Fairbank's Response (ECF No. 238). SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
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| Filing 241 REPLY to Response to Motion re #235 MOTION for Judgment as a Matter of Law filed by GREATER OMAHA PACKING COMPANY INC. (MITCHELL, DANIEL) |
| Filing 240 REPLY to Response to Motion re #236 MOTION for New Trial filed by GREATER OMAHA PACKING COMPANY INC. (MITCHELL, DANIEL) |
| Filing 239 RESPONSE in Opposition re #236 MOTION for New Trial Pursuant to FRCP 59(a) filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 7/15/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Tr. Ex. 62 (Besta Dep testimony), #3 Exhibit B-Tr. Ex. 63 (Krantz Dep testimony), #4 Exhibit C-Tr. Ex. 5, #5 Exhibit D-Tr. Ex. 6, #6 Certificate of Service)(WEBER, RALPH) |
| Filing 238 RESPONSE in Opposition re #235 MOTION for Judgment as a Matter of Law Pursuant to FRCP 50(b) or, in Alternative, For a New Trial Pursuant to FRCP 59(a) filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 7/15/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Tr. Ex. 62 (Besta Dep testimony), #3 Exhibit B-Tr. Ex. 63 (Krantz Dep testimony), #4 Exhibit C-Tr. Ex. 60 (Rodricks Dep testimony), #5 Exhibit D-Tr. Ex. 5, #6 Exhibit E-Tr. Ex. 6, #7 Exhibit F-Tr. Ex. 57 (Jones Dep Testimony), #8 Exhibit G-Tr Ex. 1, #9 Certificate of Service)(WEBER, RALPH) |
| Filing 237 MOTION for Oral Argument/Hearing by GREATER OMAHA PACKING COMPANY INC Responses due by 7/3/2014. No PDF document is attached to this docket entry. To view the request for oral argument, see pleading numbers 235 and 236.(lrc) |
| Filing 236 MOTION for New Trial by GREATER OMAHA PACKING COMPANY INC Responses due by 7/3/2014. (Attachments: #1 Exhibit A)(MITCHELL, DANIEL) |
| Filing 235 MOTION for Judgment as a Matter of Law by GREATER OMAHA PACKING COMPANY INC Responses due by 7/3/2014. (Attachments: #1 Exhibit A, #2 Exhibit B)(MITCHELL, DANIEL) |
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Filing 234
ORDER granting #233 Motion to Seal. Motion to Seal and all of the attachments shall be sealed and remain sealed until further order of the Court. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 233 (Document sealed from public view) MOTION to Seal Affidavit of Ryan Osterholm by EMMIE JONES Responses due by 6/30/2014. (Attachments: #1 Affidavit of Ryan Osterholm, #2 Exhibit A - Copy of Annuity Policy)(HAGEMAN, ERIC) |
| Filing 232 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Pretrial Conference held on 5/8/14 before Judge George Z. Singal. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 9/8/2014. (DUNBAR, LORI) |
| Filing 231 JUDGMENT It is hereby ORDERED that any motion for attorney's fees shall be filed within the time specified in Local Rule 54.2 of this Court. By DEPUTY CLERK: Lindsey Caron.(lrc) |
| Filing 230 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Jury Trial Volume IV held on 5/15/14 before Judge George Z. Singal. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 8/13/2014. (DUNBAR, LORI) |
| Filing 229 Kepreos Order Prohibiting Post-Verdict Contact with Jurors (cc: jurors) By DEPUTY CLERK: Lindsey Caron.(lrc) |
| Filing 228 JURY VERDICT. (lrc) (Additional attachment(s) added on 5/15/2014: #1 Unredacted Document Available at the Clerk's Office) (lrc). |
| Filing 227 Court Exhibit List from the Jury Trial held 5/12/2014-5/15/2014 (Exhibits listed on the Court Exhibit List are not remotely electronically available). (lrc) |
| Filing 226 Court Witness List from Jury Trial held 5/12/2014-5/15/2014. (lrc) |
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Filing 225
ORAL ORDER mooting #132 Motion in Limine for a Spoilation Instruction Regarding Unproduced Documents and Meat Product. Motion moot for reasons stated at the Charge Conference held on 5/15/2014. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 224 Minute Entry for proceedings held before JUDGE GEORGE Z. SINGAL: Jury Trial Completed. (Court Reporter: Lori Dunbar) (lrc) |
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Filing 223
ORDER granting in part and denying in part #222 Objection to Fairbanks Designations- GRANTED IN PART and DENIED IN PART as stated on the record during trial on May 13, 2014. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 222 First OBJECTION to Fairbank's designations filed by GREATER OMAHA PACKING COMPANY INC. Responses due by 6/2/2014. (Attachments: #1 Exhibit, #2 Exhibit)(MITCHELL, DANIEL) |
| Filing 221 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Jury Trial Volume III held on 5/14/14 before Judge George Z. Singal. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 8/12/2014. (DUNBAR, LORI) |
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Filing 220
ORDER mooting #212 Objection to GOPAC's Deposition Designations. MOOT as a result of GOPAC resting its case without seeking to present these designated depositions. By JUDGE GEORGE Z. SINGAL. (lrc)
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Filing 219
ORAL ORDER denying 218 Renewed Motion for Directed Verdict. Motion denied for reasons stated on the record. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 218 RENEWED ORAL MOTION for Directed Verdict by GREATER OMAHA PACKING COMPANY INC (lrc) |
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Filing 217
ORAL ORDER denying 216 Motion fir Mistrial. Motion denied for reasons stated on the record. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 216 ORAL MOTION for Mistrial by GREATER OMAHA PACKING COMPANY INC (lrc) |
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Filing 215
ORAL ORDER denying 214 Motion for Directed Verdict. Motion denied for reasons stated on the record. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 214 ORAL MOTION for Directed Verdict by GREATER OMAHA PACKING COMPANY INC (lrc) |
| Minute Entry for proceedings held before JUDGE GEORGE Z. SINGAL: Jury Trial Continues. (Court Reporter: Lori Dunbar) (lrc) |
| Filing 213 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Jury Trial Volume II held on 5/13/14 before Judge George Z. Singal. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 8/11/2014. (DUNBAR, LORI) |
| Filing 212 OBJECTION to Gopac's Deposition Designations filed by FAIRBANK RECONSTRUCTION CORP. Responses due by 5/30/2014. (Attachments: #1 Exhibit Depo Excerpts Chudy Kinnan Renninger, #2 Exhibit Depo Excerpt Chudy, #3 Exhibit Depo Excerpt Renninger)(CATSOS, PAUL) |
| Minute Entry for proceedings held before JUDGE GEORGE Z. SINGAL: Jury Trial Continues. (Court Reporter: Lori Dunbar) (lrc) |
| Filing 211 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Jury Trial Volume I held on 5/12/14 before Judge George Z. Singal. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 8/11/2014. (DUNBAR, LORI) |
| Minute Entry for proceedings held before JUDGE GEORGE Z. SINGAL: Jury Trial Begun. (Court Reporter: Lori Dunbar) (lrc) |
| Filing 210 Proposed Jury Instructions by GREATER OMAHA PACKING COMPANY INC. (MITCHELL, DANIEL) |
| Filing 209 Proposed Jury Instructions by FAIRBANK RECONSTRUCTION CORP. (CATSOS, PAUL) |
| Filing 208 Exhibit List Amended Consolidated by FAIRBANK RECONSTRUCTION CORP.. (CATSOS, PAUL) |
| Filing 207 OBJECTION to Fairbank's Local Rule 44 Disclosures filed by GREATER OMAHA PACKING COMPANY INC. Responses due by 5/27/2014. (MITCHELL, DANIEL) |
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Filing 206
ORDER ON GOPACS MOTIONS IN LIMINE re #129 #130 #131 #132 #133 #134 #135 #137 #138 #139 #141 #149 150 #155 #202 By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 205 Court Exhibit List from Pretrial Conference held on 5/8/2014 (Exhibits listed on the Court Exhibit List are not remotely electronically available). (lrc) |
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Filing 204
ORDER ON FAIRBANKS MOTIONS IN LIMINE re #136 #140 #142 #143 #144 #145 #146 #147 #148 #157 By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 203 Minute Entry for proceedings held before JUDGE GEORGE Z. SINGAL: Pretrial Conference of Counsel held. Order to enter. (Court Reporter: Lori Dunbar) (lrc) |
| Filing 202 OBJECTION to Designations of Emmie Jones filed by GREATER OMAHA PACKING COMPANY INC. Responses due by 5/27/2014. (Attachments: #1 Exhibit A - Emmie Jones 5-2-14 miniprint)(MITCHELL, DANIEL) Modified on 5/8/2014 to clean up docket text(lrc). |
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Filing 201
*SEALED* ORDER FOR DISTRIBUTION OF MINOR SETTLEMENT PROCEEDS re #199 Motion to Seal and Motion to Approve Minot Settlement By JUDGE GEORGE Z. SINGAL. (lrc) Modified on 5/8/2014 to reflect that this order is filed under seal(lrc).
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| Set Deadlines pursuant to the ORDER FOR DISTRIBUTION OF MINOR SETTLEMENT PROCEEDS entered on 5/8/2014: Sworn Affidavit that complies with the Order shall be filed by 6/9/2014. (lrc) |
| Filing 200 SUPPLEMENTAL DEPOSITION DESIGNATION of 5/6/2014 Emmie Jones by FAIRBANK RECONSTRUCTION CORP. (WEBER, RALPH) |
| Filing 199 (Document sealed from public view) MOTION to Seal and First Amended Petition to Approve Minor Settlement by EMMIE JONES Responses due by 5/27/2014. (Attachments: #1 Supplement First Amended Petition to Approve Minor Settlement, #2 Exhibit A-F to First Amended Petition to Approve Minor Settlement, #3 Text of Proposed Order)(HAGEMAN, ERIC). Added MOTION for Approval of Settlement on 5/7/2014 (lrc). |
| Filing 198 Objection to Proposed Jury Instructions by GREATER OMAHA PACKING COMPANY INC. (MITCHELL, DANIEL) |
| Filing 197 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Pre-Jury Selection Conference of Counsel held, Telephone Conference held with Magistrate Judge Grimm from the District of Maryland re: Fairbanks Motion to Quash. (Court Reporter: No court reporter present) (dfr) |
| Filing 196 Objection to Proposed Jury Instructions by FAIRBANK RECONSTRUCTION CORP. (WEBER, RALPH) |
| Filing 195 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Jury Selection held. (Court Reporter: Dennis Ford) (dfr) |
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Filing 194
REPORT OF HEARING AND ORDER RE: DISCOVERY DISPUTE - Email to New Cases Inbox re: the Motion to Quash pending in the District of Maryland due by NOON on 5/6/2014. By MAGISTRATE JUDGE JOHN H. RICH III. (lrc)
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| Filing 193 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Discovery Hearing held; report and order to follow. (Court Reporter: No court reporter present) (RICH III, JOHN) |
| Filing 192 NOTICE of Hearing: Telephone Conference re Discovery set for 5/2/2014, at 11:00 AM with MAGISTRATE JUDGE JOHN H. RICH III. (nrg) |
| Filing 191 NOTICE of Hearing: Pre-jury selection conference of counsel set for 5/5/2014 08:00 AM in Magistrate Judge Rich's Chambers before MAGISTRATE JUDGE JOHN H. RICH III. (lrc) |
| Filing 190 RESPONSE in Opposition re #149 MOTION in Limine to Exclude Any Mention of Reference to the Five Positive Test Results at GOPAC on 9/11/2009 filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-GOPAC Decision Making Document)(WEBER, RALPH) |
| Filing 189 RESPONSE in Opposition re #141 MOTION in Limine TO BAR FAIRBANKS FROM INTRODUCING NEW FACTS BASED ON JUDICIAL ESTOPPEL filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-GOPAC Decision Making Document)(WEBER, RALPH) |
| Filing 188 RESPONSE in Opposition re #139 MOTION in Limine TO BAR FAIRBANK FROM TELLING THE JURY THERE IS A GENETIC MATCH BETWEEN GOPAC AND THE NORTHEAST OUTBREAK filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Excerpts from 4/9/14 Samadpour Deposition, #3 Exhibit B-Excerpts from 4/7/14 Allen Deposition)(WEBER, RALPH) |
| Filing 187 RESPONSE in Opposition re #138 MOTION in Limine TO BAR THE LAY OPINION OF EDWARD RODRICKS filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Excerpts from 2/21/13 Rodricks Deposition)(WEBER, RALPH) |
| Filing 186 RESPONSE in Opposition re #137 MOTION in Limine TO BAR FAIRBANK FROM SAYING THAT IT HAS BEEN PREVIOUSLY DETERMINED THAT GOPAC SENT CONTAMINATED MEAT TO FAIRBANK, OR, IN THE ALTERNATIVE, TO BAR FAIRBGANK FROM SAING THAT ANY GOPAC MEAT OTHER THAN SIRLOIN WAS CONTAMINATED filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Excerpts from 3/21/14 Harrison Deposition, #3 Exhibit B-Excerpts from 3/23/14 Melnick Deposition, #4 Exhibit C-Excerpts from USDA Food Safety Assessment, #5 Exhibit D-Excerpts from 4-9-14 Samadpour Deposition)(WEBER, RALPH) |
| Filing 185 RESPONSE in Opposition re #135 MOTION in Limine TO BAR CERTAIN TESTIMONY OF FAIRBANK'S RETAINED EXPERT ALAN MELNICK, M.D., M.P.H., C.P.H. filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Excerpts from 3/23/14 Melnick Deposition, #3 Exhibit B-Melnick Expert Report, #4 Exhibit C-Excerpts from 2/21/13 Rodricks Deposition)(WEBER, RALPH) |
| Filing 184 RESPONSE in Opposition re #134 MOTION in Limine TO BAR CERTAIN TESTIMONY OF FAIRBANK'S RETAINED EXPERT LEE HARRISON, M.D. filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Harrison Expert Report, #3 Exhibit B-Excerpts from 3/21/14 Harrison Deposition)(WEBER, RALPH) |
| Filing 183 RESPONSE in Opposition re #133 MOTION in Limine TO BAR REFERENCE TO DR. GERALD ZIRNSTEIN AND HIS DEPOSITION TESTIMONY IN OTHER MATTERS AT TRIAL filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Excerpts from 12/15/10 Zirnstein Deposition)(WEBER, RALPH) |
| Filing 182 RESPONSE in Opposition re #132 MOTION in Limine FOR A SPOLIATION INSTRUCTION REGARDING UNPRODUCED DOCUMENTS AND MEAT PRODUCT filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Trial Exhibit 80, Long/Smith Case)(WEBER, RALPH) |
| Filing 181 RESPONSE in Opposition re #131 MOTION in Limine TO EXCLUDE EVICDENCE RELATED TO GOPAC FSA REPORTING OBSERVATIONS AFTER SEPTEMBER 11, 2009 filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Part 1: Comprehensive Food Safety Assessment, #3 Exhibit A-Part 2: Comprehensive Food Safety Assessment, #4 Exhibit B-Notice of Intended Enforcement)(WEBER, RALPH) |
| Filing 180 RESPONSE in Opposition re #130 MOTION in Limine TO BAR EVIDENCE OF THE ALLEGED RELATIONSHIP BETWEEN GOPAC PERSONNEL, AND TO EXCLUDE PERSONAL EMAILS AND PHOTOS MINED FROM SEARCH OF HARD DRIVES filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (WEBER, RALPH) |
| Filing 179 RESPONSE in Opposition re #129 MOTION in Limine TO EXCLUDE EVIDENCE OF ALLEGED DOCUMENT FALSIFICATON, POSITIVE-TESTED PRODUCT LABELING PRACTICES, "HOT DAY " PROTOCOLS, AND MCKEE TERMINATION filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 5/14/2014. (WEBER, RALPH) |
| Filing 178 TRIAL BRIEF by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Excerpts from 4/9/14 Samadpour Deposition, #3 Exhibit B-Excerpts from 4/7/14 Allen Deposition)(WEBER, RALPH) |
| Filing 177 Witness List by FAIRBANK RECONSTRUCTION CORP . (WEBER, RALPH) |
| Filing 176 Proposed Jury Verdict Form by FAIRBANK RECONSTRUCTION CORP. (WEBER, RALPH) |
| Filing 175 Proposed Jury Instructions by FAIRBANK RECONSTRUCTION CORP. (WEBER, RALPH) |
| Filing 174 Witness List by GREATER OMAHA PACKING COMPANY INC . (MITCHELL, DANIEL) |
| Filing 173 Proposed Jury Instructions by GREATER OMAHA PACKING COMPANY INC. (MITCHELL, DANIEL) |
| Filing 172 Proposed Jury Verdict Form by GREATER OMAHA PACKING COMPANY INC. (MITCHELL, DANIEL) |
| Filing 171 Exhibit List by GREATER OMAHA PACKING COMPANY INC.. (MITCHELL, DANIEL) |
| Filing 170 RESPONSE in Opposition re #148 Ninth MOTION in Limine to Exclude any Reference to Discovery Disputes or GOPAC's Rule 60 Action filed by GREATER OMAHA PACKING COMPANY INC. Reply due by 5/14/2014. (MITCHELL, DANIEL) |
| Filing 169 RESPONSE in Opposition re #147 Eighth MOTION in Limine to Exclude Evidence that FF Acted Unreasonably and to Exclude Any Comparative Negligence Evidence filed by GREATER OMAHA PACKING COMPANY INC. Reply due by 5/14/2014. (MITCHELL, DANIEL) |
| Filing 168 RESPONSE in Opposition re #146 Seventh MOTION in Limine to Preclude GOPAC from Referring to the Absence of Illnesses Connected to Other GOPAC Products Made on September 11, 2009, #144 Fifth MOTION in Limine to Preclude Reference to the Absence of an Express Finding by USDA that GOPAC's Trim Contained E coli O157:H7, #145 Sixth MOTION in Limine to Preclude Reference to GOPAC's Negative Tests for E coli O157:H7 filed by GREATER OMAHA PACKING COMPANY INC. Reply due by 5/14/2014. (MITCHELL, DANIEL) |
| Filing 167 RESPONSE in Opposition re #143 Fourth MOTION in Limine to Exclude Any Evidence Related to FF Suppliers Other than GOPAC filed by GREATER OMAHA PACKING COMPANY INC. Reply due by 5/14/2014. (Attachments: #1 Exhibit A - D-6 Zirnstein, #2 Exhibit B - Melnick excerpt)(MITCHELL, DANIEL) |
| Filing 166 RESPONSE in Opposition re #142 Third MOTION in Limine to Preclude GOPAC from Offering Expert Evidence or Argument that it would be Impossible to Determine the Identity of the Supplier that Shipped Raw Material Containing E coli O157:H7 to Fairbank filed by GREATER OMAHA PACKING COMPANY INC. Reply due by 5/14/2014. (Attachments: #1 Exhibit A - Kinnan, Gregory 10-26-11, #2 Exhibit B - Renniger, Barry 10-26-11, #3 Exhibit C - Allen, Dell 4-7-14)(MITCHELL, DANIEL) |
| Filing 165 RESPONSE in Opposition re #140 Second MOTION in Limine Exclude Evidence that the FF Guarantee Did Not Apply or that GOPAC Did Not Violate the FF Guarantee, #144 Fifth MOTION in Limine to Preclude Reference to the Absence of an Express Finding by USDA that GOPAC's Trim Contained E coli O157:H7 filed by GREATER OMAHA PACKING COMPANY INC. Reply due by 5/14/2014. (MITCHELL, DANIEL) |
| Filing 164 RESPONSE in Opposition re #136 First MOTION in Limine Pursuant to Court's Order on Motion for Summary Judgment dated 11/13/2013 filed by GREATER OMAHA PACKING COMPANY INC. Reply due by 5/14/2014. (Attachments: #1 Exhibit A - Harrison, Dr. Lee11-22-10)(MITCHELL, DANIEL) |
| Filing 163 TRIAL BRIEF by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Exhibit A - Acheson, Dr. David 4-23-14, #2 Exhibit B - Renninger, Barry 10-26-11, #3 Exhibit C - Allen, Dell 4-7-14, #4 Exhibit D - Harrison, Dr. Lee 3-21-14, #5 Exhibit E - Samadpour - Expert Opinion, #6 Exhibit F - Melnick, Dr. Alan 3-23-14, #7 Exhibit G - Samadpour, Mansour 4-19-14)(MITCHELL, DANIEL) |
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Filing 162
ORDER ON ORDER TO SHOW CAUSE & MOTION FOR APPROVAL OF SETTLEMENT granting #161 Motion to Seal; Granting in Part and Denying in Part and reserving ruling in Part #161 Sealed Motion for Approval of Settlement By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 161 (Document sealed from public view) Unopposed MOTION to Seal Petition to Approve Settlement by EMMIE JONES Responses due by 5/21/2014. (Attachments: #1 Exhibit Petition to Approve Minor Settlement)(HAGEMAN, ERIC). Added(Document sealed from public view) SEALED MOTION on 4/30/2014 (lrc). |
| Set Deadlines Per Order on Order to Show Cause & Motion for Approval of Settlement: Supplemental filing on Petition to Approve Settlement due no later than 5/7/2014. (lrc) |
| Filing 160 RESPONSE TO 158 ORDER TO SHOW CAUSE filed by FAIRBANK RECONSTRUCTION CORP. (WEBER, RALPH) |
| Filing 159 STIPULATION of Dismissal with Prejudice of All Claims by Plaintiff by EMMIE JONES. (HAGEMAN, ERIC) |
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Filing 158
ORDER TO SHOW CAUSE. All counsel are hereby ordered to show good cause as to why the parties have failed to comply with the Courts March 28, 2014 Procedural Order (ECF No. 126). Responses are due by NOON on April 30, 2014. As indicated in the March 28th Order, this matter may only proceed as a jury trial on the cross claims alone if a proper motion pursuant to Local Rule 41.2 is filed and granted prior to jury selection. Absent receipt of such a motion, which shall be filed under seal, before NOON on April 30, 2014, the Court will remove this case from its May trial list and cancel the May 5, 2014 jury selection. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Set Deadlines - Counsel shall comply with the Order to Show Cause (ECF No. 158) by NOON On 4/30/2014. (lrc) |
| Filing 157 MOTION in Limine Re & Objections to GOPAC's Deposition Designations by FAIRBANK RECONSTRUCTION CORP Responses due by 5/19/2014. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-Excerpts from 2/11/13 Rodricks Deposition, #3 Exhibit B-Excerpts from 12/10/10 Brent Deposition)(WEBER, RALPH) |
| Filing 156 Proposed Voir Dire by FAIRBANK RECONSTRUCTION CORP. (WEBER, RALPH) |
| Filing 155 OBJECTION to #152 Deposition Designation filed by GREATER OMAHA PACKING COMPANY INC. Responses due by 5/15/2014. (Attachments: #1 Exhibit A - Zirmstein, Dr. Gerald 12/15/10, #2 Exhibit B - Long & Smith - GOPAC's Motion for Relief, #3 Exhibit C - Besta trial transcript, #4 Exhibit D - Krantz trial transcript 11-2, #5 Exhibit E - Fili, #6 Exhibit F - Samadpour, Mansour - 4-19-14 mini)(MITCHELL, DANIEL) |
| Filing 154 Proposed Voir Dire by GREATER OMAHA PACKING COMPANY INC. (MITCHELL, DANIEL) |
| Filing 153 NOTICE of Hearing: Pretrial Conference of Counsel set for 5/8/2014 02:30 PM in Portland Courtroom 3 before JUDGE GEORGE Z. SINGAL. (lrc) |
| Filing 152 DEPOSITION DESIGNATION of Rodricks, Samadpour, Besta, Krantz, Fili, McKee, Shonka, Brent, Cornejo, Toussaint, Zirnstein, Benson by FAIRBANK RECONSTRUCTION CORP. (WEBER, RALPH) |
| Filing 151 DEPOSITION DESIGNATION of Rodricks; McKee; Brent; Shonka; Lutz; Toussaint; Chudy; Fahle; Renninger; Butler; Bostwick; Fithian; Kinnan by GREATER OMAHA PACKING COMPANY INC. (MITCHELL, DANIEL) |
| Filing 150 MOTION for Oral Argument/Hearing by GREATER OMAHA PACKING COMPANY INC- No PDF Document is attached to this entry. To view the motion for oral argument, see ECF Docket Numbers 129, 130, 131, 132, 133, 134, 135, 137, 138, 139, 141, and 149. (lrc) |
| Reset Deadlines as to Motions in Limine: #129 , #130 , #131 , #132 , #133 , #134 , #135 , #136 , #137 , #138 , #139 , #140 , #141 , #142 , #143 , #144 , #145 , #146 , #147 , #148 , and #149 Pursuant to the Report of Final Pretrial Conference and Order entered on 4/7/2014: Responses due by 4/30/2014. No reply is permitted. (lrc) |
| Filing 149 MOTION in Limine to Exclude Any Mention of Reference to the Five Positive Test Results at GOPAC on 9/11/2009by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit A Biela Excerpt, #2 Exhibit B Besta Excerpt, #3 Exhibit C Harrison Excerpt, #4 Exhibit D Samadpour Excerpt, #5 Exhibit E Lutz Excerpt, #6 Exhibit F Marsden Excerpt)(MITCHELL, DANIEL) Modified on 4/17/2014 to insert motion description (lrc). |
| Filing 148 Ninth MOTION in Limine to Exclude any Reference to Discovery Disputes or GOPAC's Rule 60 Action by FAIRBANK RECONSTRUCTION CORP Responses due by 5/7/2014. (WEBER, RALPH) |
| Filing 147 Eighth MOTION in Limine to Exclude Evidence that FF Acted Unreasonably and to Exclude Any Comparative Negligence Evidence by FAIRBANK RECONSTRUCTION CORP Responses due by 5/7/2014. (WEBER, RALPH) |
| Filing 146 Seventh MOTION in Limine to Preclude GOPAC from Referring to the Absence of Illnesses Connected to Other GOPAC Products Made on September 11, 2009 by FAIRBANK RECONSTRUCTION CORP Responses due by 5/7/2014. (Attachments: #1 Affidavit Shawn K. Stevens, #2 Exhibit A-Samadpour Expert Report, #3 Exhibit B-Excerpts from 4/9/14 Samadpour deposition)(WEBER, RALPH) |
| Filing 145 Sixth MOTION in Limine to Preclude Reference to GOPAC's Negative Tests for E coli O157:H7 by FAIRBANK RECONSTRUCTION CORP Responses due by 5/7/2014. (WEBER, RALPH) |
| Filing 144 Fifth MOTION in Limine to Preclude Reference to the Absence of an Express Finding by USDA that GOPAC's Trim Contained E coli O157:H7 by FAIRBANK RECONSTRUCTION CORP Responses due by 5/7/2014. (WEBER, RALPH) |
| Filing 143 Fourth MOTION in Limine to Exclude Any Evidence Related to FF Suppliers Other than GOPAC by FAIRBANK RECONSTRUCTION CORP Responses due by 5/7/2014. (Attachments: #1 Affidavit Shawn K. Stevens, #2 Exhibit A-Excerpts from 4/9/14 Samadpour Deposition, #3 Exhibit B-Excerpts from 4/7/14 Allen Deposition, #4 Exhibit C-Acheson Expert Report)(WEBER, RALPH) |
| Filing 142 Third MOTION in Limine to Preclude GOPAC from Offering Expert Evidence or Argument that it would be Impossible to Determine the Identity of the Supplier that Shipped Raw Material Containing E coli O157:H7 to Fairbank by FAIRBANK RECONSTRUCTION CORP Responses due by 5/7/2014. (Attachments: #1 Affidavit Shawn K. Stevens, #2 Exhibit A-Excerpts 4-7-14 Allen Deposition, #3 Exhibit B-Acheson Expert Report)(WEBER, RALPH) |
| Filing 141 MOTION in Limine TO BAR FAIRBANKS FROM INTRODUCING NEW FACTS BASED ON JUDICIAL ESTOPPEL by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit A - Long & Smith - Day 04 11-04-11 Melnick excerpt, #2 Exhibit B - Long & Smith - Day 03 11-03-11 Biela FULL SIZE, #3 Exhibit C - 20120910 Long & SMith - Appellee's Brief OCR, #4 Exhibit D - Long & Smith Biela excerpt, #5 Exhibit E - 20130624 Jones- Fairbank's Amended Responses to GOPAC's Request to Admit)(MITCHELL, DANIEL) |
| Filing 140 Second MOTION in Limine Exclude Evidence that the FF Guarantee Did Not Apply or that GOPAC Did Not Violate the FF Guarantee by FAIRBANK RECONSTRUCTION CORP Responses due by 5/7/2014. (WEBER, RALPH) |
| Filing 139 MOTION in Limine TO BAR FAIRBANK FROM TELLING THE JURY THERE IS A GENETIC MATCH BETWEEN GOPAC AND THE NORTHEAST OUTBREAK by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit A - Long & Smith Day 05 11-7-11 Harrison excerpt)(MITCHELL, DANIEL) |
| Filing 138 MOTION in Limine TO BAR THE LAY OPINION OF EDWARD RODRICKS by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit A - Rodricks, Edward 2-21-13 JONES (Shaw's))(MITCHELL, DANIEL) |
| Filing 137 MOTION in Limine TO BAR FAIRBANK FROM SAYING THAT IT HAS BEEN PREVIOUSLY DETERMINED THAT GOPAC SENT CONTAMINATED MEAT TO FAIRBANK, OR, IN THE ALTERNATIVE, TO BAR FAIRBGANK FROM SAING THAT ANY GOPAC MEAT OTHER THAN SIRLOIN WAS CONTAMINATED by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit A - Special Verdict Form, #2 Exhibit B - 201111104 Long - Transcript of Proceedings (#366) excerpt, #3 Exhibit C - Harrison, Dr. Lee 3-21-14 JONES mini excerpt, #4 Exhibit D - 201111103 - Long - transcript of proceedings (#365) excerpt, #5 Exhibit E - 20130624 Jones - Fairbanks Amended Responses to GOPAC's Request to Admit, #6 Exhibit F - 20120910 Long & Smith - Appellee's Brief OCR, #7 Exhibit G - 20111110 Long - Transcript of Proceedings pg. 1334 (#384), #8 Exhibit H - 20130327 Jones - Letter from Shawn Stevens to Judge Rich regarding GOPAC's request for a discovery dispute conference re discovery issues)(MITCHELL, DANIEL) |
| Filing 136 First MOTION in Limine Pursuant to Court's Order on Motion for Summary Judgment dated 11/13/2013 by FAIRBANK RECONSTRUCTION CORP Responses due by 5/7/2014. (Attachments: #1 Affidavit Shawn K. Stevens, #2 Exhibit A-Harrison Expert Report, #3 Exhibit B-Melnick Expert Report, #4 Exhibit C-Biela Expert Report, #5 Exhibit D-Excerpts 4-9-14 Samadpour Deposition, #6 Exhibit E-Excerpts 4-7-14 Allen Deposition)(WEBER, RALPH) Modified on 4/17/2014 to insert motion description(lrc). |
| Filing 135 MOTION in Limine TO BAR CERTAIN TESTIMONY OF FAIRBANK'S RETAINED EXPERT ALAN MELNICK, M.D., M.P.H., C.P.H. by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit A - Melnick, Allen CV, #2 Exhibit B - Melnick, Dr. Alan 3-23-14 JONES mini, #3 Exhibit C - Rodricks, Edward 2-21-13 JONES (Shaw's) excerpts)(MITCHELL, DANIEL) |
| Filing 134 MOTION in Limine TO BAR CERTAIN TESTIMONY OF FAIRBANK'S RETAINED EXPERT LEE HARRISON, M.D. by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit A - Harrison, Dr. Lee 3-21-14 JONES mini)(MITCHELL, DANIEL) |
| Filing 133 MOTION in Limine TO BAR REFERENCE TO DR. GERALD ZIRNSTEIN AND HIS DEPOSITION TESTIMONY IN OTHER MATTERS AT TRIAL by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit a - 20131217 Jones - Fairbanks Rule 26(a)(2) Disclosures)(MITCHELL, DANIEL) |
| Filing 132 MOTION in Limine FOR A SPOLIATION INSTRUCTION REGARDING UNPRODUCED DOCUMENTS AND MEAT PRODUCT by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit A - Biela tt excerpt)(MITCHELL, DANIEL) |
| Filing 131 MOTION in Limine TO EXCLUDE EVICDENCE RELATED TO GOPAC FSA REPORTING OBSERVATIONS AFTER SEPTEMBER 11, 2009 by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit A - STEPS notification 10109, #2 Exhibit B - Kumpost letter to GOPAC 11-9-09, #3 Exhibit C - Kumpost, Randall 12-17-2010 excerpt, #4 Exhibit D - GOPAC FSA SLaughter & Fabrication 1 of 2, #5 Exhibit D - GOPAC FSA Slaughter & Fabrication 2 of 2, #6 Exhibit E - Lutz, Dr. Deborah 8-9-11 excerpt)(MITCHELL, DANIEL) |
| Filing 130 MOTION in Limine TO BAR EVIDENCE OF THE ALLEGED RELATIONSHIP BETWEEN GOPAC PERSONNEL, AND TO EXCLUDE PERSONAL EMAILS AND PHOTOS MINED FROM SEARCH OF HARD DRIVES by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit Long & Smith - Order, #2 Exhibit B - 20100928 Long-Report of Hearing & Order Regarding Discovery Disputes (#58), #3 Exhibit C - Search Terms, #4 Exhibit D - Biela, Timothy 11-5-10 excerpt)(MITCHELL, DANIEL) |
| Filing 129 MOTION in Limine TO EXCLUDE EVIDENCE OF ALLEGED DOCUMENT FALSIFICATON, POSITIVE-TESTED PRODUCT LABELING PRACTICES, "HOT DAY " PROTOCOLS, AND MCKEE TERMINATION by GREATER OMAHA PACKING COMPANY INC Responses due by 5/7/2014. (Attachments: #1 Exhibit A - Besta, Angel dep 9-23-10 excerpt, #2 Exhibit B -Shonka Affidavit, #3 Exhibit C - Harrison TT excerpt, #4 Exhibit D - Lutz, Dr. Deborah 6/6/11 excerpt, #5 Exhibit Holloway, Ben 6/3/11 excerpt, #6 Exhibit F - Fahle, Rick 9-21-11 excerpt, #7 Exhibit G - Samadpour, Mansour 12/21/10 excerpt, #8 Exhibit H - McKee Stacie 4/25/11 excerpts)(MITCHELL, DANIEL) |
| NOTICE of Docket Entry Modification regarding 127 Pretrial Conference - Final, : This docket entry has been modified to reflect the hearing was held on 4/2/2014. (jgw) |
| set Deadlines Pursuant to Judge Rich's Final Pretrial Order: Motions in Limine due by 4/16/2014. (mjlt) |
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Filing 128
REPORT OF FINAL PRETRIAL CONFERENCE AND ORDER Estimated length of trial 5 DaysTrial Brief due by 4/30/2014.Jury Selection set for 5/5/2014 09:00 AM in Portland Courtroom 1 before MAGISTRATE JUDGE JOHN H. RICH III. Jury Trial set for 5/12/2014 08:30 AM in Portland Courtroom 1 before JUDGE GEORGE Z. SINGAL. Jury Trial set for 5/13/2014 08:30 AM in Portland Courtroom 1 before JUDGE GEORGE Z. SINGAL. Jury Trial set for 5/14/2014 08:30 AM in Portland Courtroom 1 before JUDGE GEORGE Z. SINGAL. Jury Trial set for 5/15/2014 08:30 AM in Portland Courtroom 1 before JUDGE GEORGE Z. SINGAL. Jury Trial set for 5/16/2014 08:30 AM in Portland Courtroom 1 before JUDGE GEORGE Z. SINGAL. Jury Trial set for 5/19/2014 10:00 AM in Portland Courtroom 1 before JUDGE GEORGE Z. SINGAL. By MAGISTRATE JUDGE JOHN H. RICH III. (mjlt)
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| Filing 127 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Final Pretrial Conference held; report and order to follow. (Court Reporter: No court reporter present) (RICH III, JOHN) Modified on 4/8/2014 to correct date of hearing (jgw). |
| Filing 126 NOTICE of Settlement by Plaintiff and PROCEDURAL ORDER RE: SETTLEMENT: Counsel having advised the Court on 3/28/2014 that the Plaintiff has settled the claims against Fairbanks Reconstruction Corp and Greater Omaha Packing Company, it is hereby ORDERED that counsel shall complete the settlement of this matter within thirty (30) days of this date and cause to be filed a motion that complies with Local Rule 41.2. Upon granting of that motion, Plaintiffs claims will be dismissed with prejudice and without costs. Plaintiff's counsel are advised that their attendance at the Final Pretrial Conference on April 2, 2014 is excused based on this Notice of Settlement. However, they may be required to appear in-person for jury selection and other trial proceedings if Plaintiffs settlement is not approved by the Court prior to these May proceedings. Stipulation of Dismissal that complies with Local Rule 41.2 due by 4/28/2014. By DEPUTY CLERK: Lindsey Caron.(lrc) |
| Filing 125 FINAL PRETRIAL MEMORANDUM by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Fairbank Farms Proposed Witness List, #2 Fairbank Farms Proposed Exhibit List)(WEBER, RALPH) |
| Filing 124 FINAL PRETRIAL MEMORANDUM by GREATER OMAHA PACKING COMPANY INC. (MITCHELL, DANIEL) |
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Filing 123
ORDER granting without objection #122 Motion for leave to attend final pretrial conference by telephone. Attorney Ellenbecker may attend the final pretrial conference, scheduled for April 2, 2014, at 10 a.m., by telephone. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 122 MOTION Attend Pretrial Conference Telephonically by GREATER OMAHA PACKING COMPANY INC Responses due by 4/1/2014. (MITCHELL, DANIEL) |
| Filing 121 TRIAL LIST:. On Trial List for 5/5/2014. Final Pretrial Conference set for 4/2/2014 10:00 AM in Magistrate Judge Rich's Chambers before MAGISTRATE JUDGE JOHN H. RICH III. Final Pretrial Memos due by 3/26/2014.(lrc) |
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Filing 120
ORDER granting #118 Motion for Michael Waxman to Withdraw as Attorney. New Local Counsel has entered an appearance. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 119 NOTICE of Appearance by ROGER F. BRUNELLE, JR on behalf of EMMIE JONES (BRUNELLE, ROGER) |
| Filing 118 MOTION by Attorney Michael J. Waxman to Withdraw as Attorney (Local) by EMMIE JONES Responses due by 1/28/2014. (WAXMAN, MICHAEL) |
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Filing 117
ORDER denying #110 Motion for Reconsideration. DENIED for reasons stated in Fairbank's Response (ECF NO. 111). SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 116 REPLY to Response to Motion re #110 MOTION for Reconsideration filed by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Exhibit A - William Smith email, #2 Exhibit B - Melnick Expert Report, #3 Exhibit C - Harrison Report, #4 Exhibit D - Jones-Fairbank's Amended Responses, #5 Exhibit E - Harrison Dr. Lee, #6 Exhibit F - Rodricks excerpt, #7 Exhibit G - Invoice 30881, #8 Exhibit H - Loading Plan Checklist 30881)(MITCHELL, DANIEL) |
| Filing 115 NOTICE of Hearing: Jury Selection set for 5/5/2014 09:00 AM in Portland Courtroom 1 before MAGISTRATE JUDGE JOHN H. RICH III. Jury Trial set for 5/12/2014 08:30 AM in Portland Courtroom 1 before JUDGE GEORGE Z. SINGAL. The Court has set aside 9 trial days to complete this trial. Trial will be held from 8:30 a.m. until 2:30 p.m. each day with 2 fifteen minute recesses and no lunch recess.(lrc) |
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Filing 114
ORDER granting #112 Motion to Continue and Motion for Date Certain Trial- GRANTED. The parties having consented to jury selection by the Magistrate Judge on May 5, 2014, this case shall be tentatively set for jury trial commencing on May 12, 2014 at 8:30 a.m. The Court will reserve nine trial days to complete this trial. All parties are advised that any criminal jury trial placed on the Court's May trial list may take precedence over this case. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc) Modified on 12/31/2013 to insert the correct year for the jury selection and trial (lrc).
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| Reset Deadlines pursuant to the Order entered on 12/31/2013: Ready for Trial on 5/5/2014. (lrc) |
| Filing 113 CONSENT to Jury Selection before Magistrate Judge Rich (CATSOS, PAUL) Modified on 12/30/2013 to clean up docket text (lrc). |
| Filing 112 Unopposed MOTION to Continue and Motion for Date Certain by FAIRBANK RECONSTRUCTION CORP Responses due by 1/9/2014. (CATSOS, PAUL). Added MOTION for Date Certain on 12/19/2013 (mjlt). |
| Filing 111 RESPONSE in Opposition re #110 MOTION for Reconsideration of the Court's Ruling on Summary Judgment filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 1/2/2014. (WEBER, RALPH) |
| Filing 110 MOTION for Reconsideration by GREATER OMAHA PACKING COMPANY INC Responses due by 12/18/2013. (Attachments: #1 Exhibit A, #2 Exhibit B)(MITCHELL, DANIEL) |
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Filing 109
ORDER granting #106 Motion by Alison Denham to Withdraw as Attorney for Greater Omaha Packing Company Inc. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 108 NOTICE of Appearance by DANIEL J. MITCHELL on behalf of GREATER OMAHA PACKING COMPANY INC (MITCHELL, DANIEL) |
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Filing 107
ORDER re #106 Motion to Withdraw as Attorney- Motion will be granted upon entry of appearance by new local counsel By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 106 MOTION by Attorney Alison A. Denham to Withdraw as Attorney for Greater Omaha Packing Company Inc. by GREATER OMAHA PACKING COMPANY INC Responses due by 12/11/2013. (DENHAM, ALISON) |
| Set Deadlines pursuant to the Order on Motion for Summary Judgment entered on 11/13/2013: Ready for Trial on 3/3/2014. (lrc) |
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Filing 105
ORDER ON MOTION FOR SANCTIONS denying without prejudice #93 Motion for Sanctions By JUDGE GEORGE Z. SINGAL. (lrc)
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Filing 104
ORDER ON MOTION FOR SUMMARY JUDGMENT granting in part and denying in part #58 Motion for Summary Judgment By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 103 Supplemental Brief in Support of its Motion for Sanctions by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Exhibit A - Letter from Denham to Webber 12-10-10, #2 Exhibit B - Letter from Stevens to Stryker 12-20-10, #3 Exhibit C - GOPAC Stay Relief Motion)(DENHAM, ALISON) |
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Filing 102
ORDER granting #100 Motion for Leave to File Supplemental Brief. Supplemental Brief due by 9/23/2013. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Set Deadlines pursuant to the Order entered on 9/11/2013: Supplemental Brief due by 9/23/2013. (lrc) |
| Filing 101 RESPONSE in Opposition re #100 MOTION for Leave to File Supplemental Brief and Additional Exhibits in Support of its Motion for Sanctions filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 9/20/2013. (WEBER, RALPH) |
| Reset Deadlines as to #100 MOTION for Leave to File Supplemental Brief and Additional Exhibits in Support of its Motion for Sanctions pursuant to the Court's request to expedite briefing: Responses due by 9/6/2013. No reply is permitted. (lrc) |
| Filing 100 MOTION for Leave to File Supplemental Brief and Additional Exhibits in Support of its Motion for Sanctions by GREATER OMAHA PACKING COMPANY INC Responses due by 9/19/2013. (Attachments: #1 Exhibit A - Deposition of Tim Biela 7-16-13, #2 Exhibit B - Deposition of Greg Fithian 8-2-13)(DENHAM, ALISON) |
| Filing 99 REPLY to Response to Motion re #93 MOTION for Sanctions filed by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Exhibit A - Biela Depo excerpt 12-2-10, #2 Exhibit B - Fairbank's Response to GOPAC's 1st RFPD, #3 Exhibit C - Canopy Data Flow Chart "positive event", #4 Exhibit D - French E-mail)(DENHAM, ALISON) |
| Filing 98 RESPONSE in Opposition re #93 MOTION for Sanctions filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 7/8/2013. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-FF Amd Resp to GOPAC RFA, #3 Exhibit B-Excerpt Trial Tr Long, Smith v FF, #4 Exhibit C-GOPAC RFP, #5 Exhibit D-1-18-13 Stevens-Ellenbecker Corres, #6 Exhibit E-2-18-13 Carter-Ellenbecker Corres)(WEBER, RALPH) |
| Filing 97 FAIRBANKS OPPOSITION TO GOPACS SUPPLEMENTAL STATEMENT OF MATERIAL FACTS IN OPPOSITION TO FAIRBANKS MOTION FOR SUMMARY JUDGMENT filed by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Affidavit of Shawn K. Stevens, #2 Exhibit A-FF Audit Report (Ex 1, Long-Smith Trial), #3 Exhibit B-FF formulation record, #4 Exhibit C-FF Weight Manifest, Inv 30239, #5 Exhibit D-FF Weight Manifest, Inv 30244, #6 Exhibit E-FF Weight Manifest, Inv 30248, #7 Exhibit F-Rodricks Depo Excerpt, #8 Certificate of Service)(WEBER, RALPH) |
| Filing 96 FAIRBANKS RESPONSE TO GOPACS SUPPLEMENTAL BRIEF IN OPPOSITION TO FAIRBANKS MOTION FOR SUMMARY JUDGMENT filed by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Certificate of Service)(WEBER, RALPH) Modified on 6/20/2013 to clean up docket text (lrc). |
| Set Deadlines pursuant to the Procedural Order (docket #92) entered on 5/31/2013: Responsive brief to the Supplemental Brief (docket #94) and Supplemental Statement of Material Facts (docket #95) due by 6/19/2013. (lrc) |
| Filing 95 GREATER OMAHA PACKING CO., INC.S SUPPLEMENTAL STATEMENT OF MATERIAL FACTS IN OPPOSITION TO FAIRBANKS MOTION FOR SUMMARY JUDGMENT by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Affidavit of Stephen Ellenbecker, #2 Ex 1 - #30245, #3 Ex 2 - Fairbanks Resp to RTA, #4 Ex 3 - Lutz Chart, #5 Ex 4 - SKS ltr to Judge Rich 3-27-13, #6 Ex 5 - Weight Manifest, #7 Ex 6 - Stand Alone Scale Data 9-16-09, #8 Ex 7 - #30243 Invoice, #9 Ex 8 - Ltr from MC to SPE, #10 Ex 9 - Load Plan Checklist 30243)(DENHAM, ALISON) |
| Filing 94 GREATER OMAHA PACKING CO., INC.S SUPPLEMENTAL BRIEF IN OPPOSITION TO FAIRBANKS MOTION FOR SUMMARY JUDGMENT filed by GREATER OMAHA PACKING COMPANY INC. (DENHAM, ALISON) Modified on 6/11/2013 to clean up docket text to reflect that this is a supplemental brief, not a response to motion (lrc). |
| Filing 93 MOTION for Sanctions by GREATER OMAHA PACKING COMPANY INC Responses due by 6/24/2013. (Attachments: #1 Ex 1 - Transcript excerpts, #2 Ex 2 - GOPAC's RTA, #3 Ex 3 - Fairbank's Responses to RTA, #4 Ex 4 - Affidavit of Stephen Ellenbecker, #5 Ex 5 - Affidavit of Alison Denham)(DENHAM, ALISON) |
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Filing 92
PROCEDURAL ORDER granting without objection #89 Motion for Leave to File s Supplemental Brief in Opposition to Fairbank's Motion for Summary Judgment By JUDGE GEORGE Z. SINGAL. (lrc)
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| Set Deadlines pursuant to the Procedural Order entered on 5/30/2013: Supplemental Brief and Supplemental Statement of Material Facts due by 6/10/2013; Response, if any due by 6/19/2013; no reply permitted. (lrc) |
| Filing 91 REPLY to Response to Motion re #89 MOTION for Leave to File a Supplemental Brief in Opposition to Fairbank's Motion for Summary Judgment Based on Newly Acquired Discovery filed by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Exhibit 1 - Long/Smith Appellee's Brief, #2 Exhibit 2 - Lutz chart, #3 Exhibit 3 - Fairbank's Responses to RFA, #4 Exhibit 4 - Trial Transcript)(DENHAM, ALISON) |
| Reset Deadlines as to #89 MOTION for Leave to File a Supplemental Brief in Opposition to Fairbank's Motion for Summary Judgment Based on Newly Acquired Discovery - pursuant to the order regarding deadlines entered on 5/16/2013: Any reply shall be filed by 5/30/2013. (lrc) |
| Filing 90 RESPONSE in Opposition re #89 MOTION for Leave to File a Supplemental Brief in Opposition to Fairbank's Motion for Summary Judgment Based on Newly Acquired Discovery filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 6/6/2013. (Attachments: #1 Affidavit Shawn K. Stevens Support FF Response, #2 Exhibit A-FF Suppl Discovery Response, #3 Exhibit B-Tr Ex 129, Long & Smith, #4 Exhibit C-Tr Ex 1, Long & Smith, #5 Exhibit D-Casecode Query Report, #6 Exhibit E-Weight Manifest FF Inv 30247, #7 Exhibit F-Excerpts Vol 3, Trial Transcript, Long & Smith, #8 Exhibit G-Excerpts Vol 8, Trial Transcript, Long & Smith, #9 Exhibit H-Weight Manifest FF Inv 30245, #10 Exhibit I-Excerpts Vol 4, Trial Transcript, Long & Smith, #11 Exhibit J-FF formulation records, #12 Exhibit K-Tr Ex 84, Long & Smith, #13 Exhibit L-Tr Ex 80, Long & Smith, #14 Certificate of Service)(WEBER, RALPH) |
| Reset Deadlines as to #89 MOTION for Leave to File a Supplemental Brief in Opposition to Fairbank's Motion for Summary Judgment Based on Newly Acquired Discovery; ORDER: No Later than May 23,2013, any party objecting to GOPAC's Motion for Leave to File a Supplemental Brief shall file a response to the Motion. No reply is required. However, the Court will consider any reply GOPAC files on or before May 30, 2013. SO ORDERED. (lrc) |
| Filing 89 MOTION for Leave to File a Supplemental Brief in Opposition to Fairbank's Motion for Summary Judgment Based on Newly Acquired Discovery by GREATER OMAHA PACKING COMPANY INC Responses due by 6/5/2013. (Attachments: #1 Ex A - Fairbank's Response to GOPAC's RFP, #2 Ex B - Letter from AAD to Judge Rich Jan 9, 2011, #3 Ex C - Order of January 24, 2011, #4 Ex D - Part 1 Letter from Gass Weber to Judge Rich January 17, 2011, #5 Ex D - Part 2 Letter from Gass Weber to Judge Rich January 17, 2011, #6 Ex D - Part 3 Letter from Gass Weber to Judge Rich January 17, 2011, #7 Ex E Fairbank's Response to GOPAC's First Interrogatories, #8 Ex F - Biela 12/2/10 Transcript excerpt, #9 Ex G - Biela Trial Transcript pp. 599-600, #10 Ex H - Loan Plan Checklist, #11 Ex I - Biela Trial Transcript p. 471, #12 Ex J - Trial Transcript Close, #13 Ex K - Trial Transcript Close, #14 Ex L - Fairbank's Responses to GOPAC's RTA, #15 Ex M - Biela Trial Transcript excerpt, #16 Ex N - FB finish produce procedure, #17 Ex O - Case Detail)(DENHAM, ALISON) |
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Filing 88
CONSENT CONFIDENTIALITY ORDER granting #87 Motion for Confidentiality Order By MAGISTRATE JUDGE JOHN H. RICH III. (lrc)
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| Filing 87 Joint MOTION for Confidentiality Order by GREATER OMAHA PACKING COMPANY INC Responses due by 5/30/2013. (Attachments: #1 Proposed Confidentiality Order)(DENHAM, ALISON) |
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Filing 86
REPORT OF HEARING AND ORDER RE: DISCOVERY DISPUTE By MAGISTRATE JUDGE JOHN H. RICH III. (lrc)
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| Filing 85 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Discovery Hearing held; report and order to follow. (Court Reporter: No court reporter present) (RICH III, JOHN) |
| Filing 84 NOTICE of Hearing: Telephone Conference re Status Report #83 set for 4/25/2013 09:00 AM with MAGISTRATE JUDGE JOHN H. RICH III. Counsel are asked to coordinate amongst themselves with regard to contacting chambers with all participants on the line. (nrg) |
| Filing 83 STATUS REPORT re Parties' Efforts to Develop Protocol by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Exhibit 1-Gloor Proposed Protocol, #2 Exhibit 2-Revised Canopy Protocol, #3 Exhibit 3-GOPAC RFP, #4 Exhibit 4-Letter to Michael Carter)(STEVENS, SHAWN) |
| Filing 82 NOTICE- Please be advised that this case will not be placed on Judge Singal's June 3, 2013 Civil Trial List due to the pending Motion for Summary Judgment. This case will be placed on the next available Trial List (if appropriate) once the pending Motion for Summary Judgment is resolved. (lrc) |
| Filing 81 LETTER pursuant to report of hearing and order dated 3/28/2013 by FAIRBANK RECONSTRUCTION CORP. (nrg) |
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Filing 80
REPORT OF HEARING AND ORDER RE: DISCOVERY DISPUTE By MAGISTRATE JUDGE JOHN H. RICH III. (lrc)
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| Set Deadlines pursuant to the REPORT OF HEARING AND ORDER entered on 3/28/2013: No later than 4/4/2013- Fairbank to report to the Court as to whether Aspen is an acceptable third party vendor. GOPAC and Fairbank are to inform the Court no later than 4/18/2013 whether they have reached agreement on a search protocol.(lrc) |
| Filing 79 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Discovery Hearing held; report and order to follow. (Court Reporter: No court reporter present) (RICH III, JOHN) |
| Filing 78 NOTICE of Hearing: Conference of Counsel re Discovery set for 3/28/2013 12:00 PM in Magistrate Judge Rich's Chambers before MAGISTRATE JUDGE JOHN H. RICH III. Attorneys Hageman, Pritzker, Osterholm, Stevens, and Carter granted leave to participate telephonically and shall be prepared to call chambers with all participants on one line. (nrg) |
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Filing 77
ORDER granting without objection #76 Motion to attend discovery conference telephonically. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 76 Unopposed MOTION To Attend Discovery Conference Telephonically by EMMIE JONES Responses due by 4/15/2013. (HAGEMAN, ERIC) |
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Filing 75
ORDER granting without objection #74 Motion to attend discovery conference via telephone. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 74 Motion to Attend Discovery Conference via Telephone by FAIRBANK RECONSTRUCTION CORP Responses due by 4/15/2013. (CATSOS, PAUL) Modified on 3/25/2013 to change event type from motion for conference of counsel to motion for misc. relief(lrc). |
| Filing 73 SUR-REPLY to #58 MOTION for Summary Judgment filed by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Exhibit A - Hoffman report, #2 Exhibit B - Invoice 30236, #3 Exhibit C - Invoice 30243, #4 Exhibit D - FF Responses to GOPAC's Interrogatories, #5 Exhibit E - FF Responses to GOPAC's Request for Production of Documents)(DENHAM, ALISON) Modified on 1/3/2013 to clean up docket text(lrc). |
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Filing 72
ORDER granting #71 Stipulation to Amend Scheduling Order By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 71 STIPULATION to Amend Scheduling Order by EMMIE JONES. (Attachments: #1 Text of Proposed Order)(HAGEMAN, ERIC) Modified on 12/26/2012 to change event type from stipulation to motion to amend the scheduling order(lrc). |
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Filing 70
ORDER granting #66 Motion for Leave to File -GOPAC may file a sur-reply not to exceed ten pages no later than January 2, 2013. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (mjlt)
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| Set Deadlines as to #58 MOTION for Summary Judgment Per Judge Singal's Order dated December 17, 2012: Sur-Reply due by 1/2/2013.(mjlt) |
| Filing 69 (Document sealed from public view) UNREDACTED Document re #68 Reply to Response to Motion,, to File a Sur-Reply to Fairbank's Reply by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 unredacted Exhibit F, #2 unredacted Exhibit G)(DENHAM, ALISON) |
| Filing 68 REPLY to Response to Motion re #66 MOTION for Leave to File Sur-Reply to Fairbank's Reply in Support of Motion for Summary Judgment (Dckt #64) filed by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Exhibit A - Line List, #2 Exhibit B - Letter from AAD to Judge Rich 1-9-11, #3 Exhibit C - Order on Disc Disp 1-24-11, #4 Exhibit D - Letter from RW to Judge Rich 1-17-11, #5 Exhibit E - Rick Fahle (Cohen) 9-21-11, #6 Exhibit F - (redacted), #7 Exhibit G - (redacted))(DENHAM, ALISON) |
| Reset Deadlines as to #66 MOTION for Leave to File Sur-Reply to Fairbank's Reply in Support of Motion for Summary Judgment (Dckt #64) Pursuant to the Court's request to expedite briefing: Reply due by 12/14/2012.(lrc) |
| Filing 67 RESPONSE in Opposition re #66 MOTION for Leave to File Sur-Reply to Fairbank's Reply in Support of Motion for Summary Judgment (Dckt #64), filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 12/21/2012. (Attachments: #1 Certificate of Service)(WEBER, RALPH) Modified on 12/10/2012 to remove reference that this is a response to the motion for summary judgment as this is only a response to the motion for leave to file(lrc). |
| Filing 66 MOTION for Leave to File Sur-Reply to Fairbank's Reply in Support of Motion for Summary Judgment (Dckt #64) by GREATER OMAHA PACKING COMPANY INC Responses due by 12/27/2012. (Attachments: #1 Exhibit A - Case Code Verification, #2 Exhibit B - Letter to Judge Rich from Attorney Weber dated 9-22-10)(DENHAM, ALISON) |
| Filing 65 RESPONSE TO STATEMENT OF ADDITIONAL MATERIAL FACTS filed by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Certificate of Service)(WEBER, RALPH) Modified on 12/6/2012 to clean up docket text(lrc). |
| Filing 64 REPLY to Response to Motion re #58 MOTION for Summary Judgment filed by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Affidavit Rick Fahle, #2 Exhibit A to Fahle Aff-Transaction History Rpt, #3 Exhibit B to Fahle Aff-Weight Manifest, Inv 30243, #4 Exhibit C to Fahle Aff-Weight Manifest, Inv. 30247, #5 Affidavit Shawn Stevens, #6 Exhibit A to Stevens Aff-Shaw shopper card, #7 Exhibit B to Stevens Aff-3-5-12 Order DNH 10cv337 Dkt 113, #8 Exhibit C to Stevens Aff-11-21-12 Opinion 1st Cir 12-1412, #9 Certificate of Service)(WEBER, RALPH) |
| Filing 63 RESPONSE to Statement of Fact with Statement of Additional Facts filed by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Affidavit Stephen Ellenbecker, #2 Exhibit A - Retail Dept Formulation sheet 9-15-09 (Fairbank 659-663), #3 Exhibit B - Melnick Dr Alan 11-12-10, #4 Exhibit C - Brinig email 10-24-09, #5 Exhibit D - Chub Department Formulation Sheet 91509, #6 Exhibit E - BPI Meat Receipt Report for BPI 50758 9-9-09, #7 Exhibit F - BPI Meat Receipt Report for BPI 50758 9-9-09, #8 Exhibit G - BPI certificate of conformance 50758, #9 Exhibit H - Part 1 Shaw's shipping spreadsheet from SHAW production docs, #10 Exhibit H - Part 2 Shaw's shipping spreadsheet from SHAW production docs, #11 Exhibit H - Part 3 Shaw's shipping spreadsheet from SHAW production docs, #12 Exhibit H - Part 4 Shaw's shipping spreadsheet from SHAW production docs, #13 Exhibit H - Part 5 Shaw's shipping spreadsheet from SHAW production docs, #14 Exhibit I - 30243 all, #15 Exhibit J - Retail Finished Audit READABLE, #16 Exhibit K - Retail Dept Formulation sheet 9-16-09 (Fairbank 6664-6667), #17 Exhibit L - Biela Tim 12-2-10 30(b)(6), #18 Exhibit M - Butler Donald 12-14-10, #19 Exhibit N - Case Code Verification 9-16 at 6 58, #20 Exhibit O - Case Code Verification 9-16 at 12 36 (2), #21 Exhibit P - Case Code Verification 9-16 at 14 12, #22 Exhibit Q - Case Code Verification 9-16 at 15 18)(DENHAM, ALISON) |
| Filing 62 RESPONSE in Opposition re #58 MOTION for Summary Judgment filed by GREATER OMAHA PACKING COMPANY INC. Reply due by 12/5/2012. (Attachments: #1 Affidavit Stephen Ellenbecker, #2 Exhibit A-1 GOPAC's Request to Admit, #3 Exhibit A-2 GOPAC's Interrogatories, #4 Exhibit A-3 GOPAC'S Request for Production, #5 Exhibit A-4 GOPAC's Subpoena to Shaws, #6 Exhibit A-5 Butler Depo 12-14-10, #7 Exhibit B - Fairbank's Proposed Special Verdict, #8 Exhibit C - Lutz Depo 8-9-11)(DENHAM, ALISON) |
| Filing 61 ADDITIONAL ATTACHMENTS filed by FAIRBANK RECONSTRUCTION CORP re #58 Motion for Summary Judgment 60 Order, . Main Document: REDACTED Exhibit 1: MJ Maine DOH File. (WEBER, RALPH) |
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Filing 60
ORDER- Having reviewed the Department of Health and Human Services exhibit to the Motion for Summary Judgment filed on October 31, 2012, the Court hereby ORDERS that the filing be sealed because it contains information about a minor. Counsel is instructed to file a properly redacted exhibit forthwith. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 59 STATEMENT OF FACT by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Certificate of Service)(WEBER, RALPH) Modified on 11/1/2012 to clean up docket text(lrc). |
| Filing 58 MOTION for Summary Judgment by FAIRBANK RECONSTRUCTION CORP Responses due by 11/21/2012. (Attachments: #1 Affidavit of Shawn K. Stevens Support S Jt, #2 Exhibit A-Jury Verdict, Long v FF, #3 Exhibit B-Trial Ex 2, Long v FF, #4 Exhibit C-Decision, Long v FF, #5 Exhibit D-Decision, Smith v FF, #6 Exhibit E-Judgment, Long v FF, #7 Exhibit F-Dkt 406-408, Orders, Long v FF, #8 Exhibit G-EJ Shopper Card Records-Shaws, #9 Exhibit H-Dkt 29-3 Jones v FF, #10 Exhibit I-Dkt 29-5, Jones v FF, #11 Exhibit J-Trial Ex 53, Long v FF, #12 Affidavit of Ryan M. Osterholm Support FF S Jt, #13 *SEALED*Exhibit 1-MJ Maine DOH file, #14 Certificate of Service)(WEBER, RALPH) Modified on 11/1/2012 to seal attachment #13 per order #60 entered on 11/1/2012(lrc). |
| Set Deadlines per order no. 56: Fairbank Motion for Summary Judgment due by 10/31/2012.(cef) |
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Filing 57
SECOND AMENDED SCHEDULING ORDER: Discovery due by 2/12/2013. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 2/20/2013. Motions due by 3/5/2013. Ready for Trial on 6/3/2013. By JUDGE GEORGE Z. SINGAL. (cef)
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Filing 56
PROCEDURAL ORDER FOLLOWING CONFERENCE OF COUNSEL granting in part and denying in part docket nos. #25 and #26 By JUDGE GEORGE Z. SINGAL. (cef)
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Filing 55
ORDER ON PARTIAL MOTION TO DISMISS CROSSCLAIMS granting docket no #23 By JUDGE GEORGE Z. SINGAL. (cef)
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Filing 54
ORDER ON MOTION TO PRESERVE AND HOLD EVIDENCE denying docket no. #48 By JUDGE GEORGE Z. SINGAL. (cef)
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| Filing 53 Minute Entry for proceedings held before JUDGE GEORGE Z. SINGAL: Local Rule 56 Pre-Filing Conference and Conference on Pending Motions held. Written order to issue. (Court Reporter: Dennis Ford) (cef) |
| Filing 52 COMBINED CONFERENCE OF COUNSEL JOINT PROPOSED AGENDA by FAIRBANK RECONSTRUCTION CORP (Attachments: #1 Certificate of Service)(WEBER, RALPH) Modified on 8/16/2012 to clean up docket text(lrc). |
| Filing 51 REPLY to Response to Motion re #48 MOTION Motion for Order Requiring AFA/Fairbank and Related Entities and Buyers to Preserve & Hold Evidence filed by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Exhibit A - Fairbank/Shaw's Brief in Opposition to Motion to Compel)(DENHAM, ALISON) |
| Filing 50 RESPONSE in Opposition re #48 MOTION Motion for Order Requiring AFA/Fairbank and Related Entities and Buyers to Preserve & Hold Evidence filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 8/22/2012. (Attachments: #1 Certificate of Service)(WEBER, RALPH) |
| Filing 49 NOTICE of Rescheduled Hearing: - Combined Conference of Counsel re: Pending Motions and Local Rule 56(h) Pre-Filing Conference set for 8/31/2012 10:00 AM in Judge Singal's Chambers before JUDGE GEORGE Z. SINGAL. (lrc) |
| Filing 48 MOTION Motion for Order Requiring AFA/Fairbank and Related Entities and Buyers to Preserve & Hold Evidence by GREATER OMAHA PACKING COMPANY INC Responses due by 8/8/2012. (Attachments: #1 Exhibit A - Bankruptcy Order, #2 Exhibit B - Pennsylvania Sale Order, #3 Exhibit C - Renninger Transcript Excerpt, #4 Exhibit D - Chen Heacock Transcript Excerpt, #5 Exhibit E - Butler Transcript Excerpt, #6 Exhibit F - Biela Transcript Excerpt, #7 Exhibit G - Biela Transcript Excerpt)(DENHAM, ALISON) |
| Filing 47 AMENDED PROCEDURAL ORDER- Combined Conference of Counsel re: Pending Motions and Local Rule 56(h) Pre-Filing Conference set for August 29, 2012 at 10:00 A.M. in Judge Singal's Chambers before JUDGE GEORGE Z. SINGAL. The Court has reserved 3 hours for this conference. (lrc) |
| Set Deadlines Pursuant to the Amended Procedural Order issued on 6/22/2012: Out of state counsel shall notify the Clerk's Office by August 15, 2012 if they wish to participate in the conference telephonically. Joint Agenda shall be filed with the Court by August 16, 2012.(lrc) |
| Filing 46 CERTIFICATE OF SERVICE by EMMIE JONES re #45 Response to Order to Show Cause (HAGEMAN, ERIC) |
| Filing 45 RESPONSE TO #35 Order to Show Cause and Procedural Order filed by EMMIE JONES. (Attachments: #1 Exhibit A - Agreed Order Granting Relief from Stay)(HAGEMAN, ERIC) |
| Filing 44 RESPONSE TO #35 Order to Show Cause and Procedural Order filed by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Exhibit 1 Order Granting Relief from Stay)(DENHAM, ALISON) |
| Filing 43 RESPONSE TO #35 Order to Show Cause and Procedural Order filed by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Exhibit A-Agreed Order (US Bnkr Court), #2 Certificate of Service)(WEBER, RALPH) |
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Filing 42
PROCEDURAL ORDER & ORDER TO SHOW CAUSE, Status Report due by 6/19/2012. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 41 RESPONSE TO #35 Order to Show Cause filed by GREATER OMAHA PACKING COMPANY INC. (DENHAM, ALISON) |
| Filing 40 RESPONSE TO #35 Order to Show Cause filed by EMMIE JONES. (Attachments: #1 Certificate of Service)(HAGEMAN, ERIC) |
| Filing 39 RESPONSE TO #35 Order to Show Cause filed by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Certificate of Service)(WEBER, RALPH) |
| Reset Deadlines Pursuant to the Order entered on 4/25/2012: Status Report regarding the May 8, 2012 hearing before the District of Delaware due by 5/11/2012.(lrc) |
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Filing 38
ORDER granting without objection #37 Motion to Extend Time. The Motion for Extension of Time to Respond to the Court's April 5, 2012 Order to Show Cause is hereby GRANTED WITHOUT OBJECTION. Parties shall respond or provide the Court a status update regarding the May 8, 2012 hearing before the District of Delaware Bankruptcy Court on or before May 11, 2012. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
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| Filing 37 JOINT MEMORANDUM IN RESPONSE TO ORDER TO #35 Order to Show Cause and Motion to Extend Time to Make Submissions, filed by FAIRBANK RECONSTRUCTION CORP, GREATER OMAHA PACKING COMPANY INC, EMMIE JONES. (Attachments: #1 Exhibit A - Motion for Relief from Stay Under Section 362 of the Bankruptcy Code)(HAGEMAN, ERIC) Modified on 4/25/2012 to change this event type to a motion to extend time (lrc). |
| Filing 36 MDL ORDER DENYING TRANSFER entered by Panel on Multidistrict Litigation. (lrc) |
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Filing 35
PROCEDURAL ORDER & ORDER TO SHOW CAUSE. Response to Order to Show Cause due by 4/27/2012. By JUDGE GEORGE Z. SINGAL. (lrc) Modified on 4/25/2012 to correct event type(cef).
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| Filing 34 SUGGESTION OF BANKRUPTCY Upon the Record as to AFA Investment Inc. and eight affiliated entities, including Fairbank Reconstruction Corporation by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Certificate of Service)(WEBER, RALPH) |
| Filing 33 LOCAL RULE 56(h) Pre-Conference Filing Memorandum by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Certificate of Service)(WEBER, RALPH) |
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Filing 32
PROCEDURAL ORDER Re Pending Motions and Local Rule 56(h): Pre-Filing Conference Memos due by 3/8/2012. Combined Local Rule 56(h) Pre-Filing Conference and Conference on pending motions is set for 4/19/2012 at 09:00 AM in Judge Singal's Chambers before JUDGE GEORGE Z. SINGAL. The Court has set aside 3 hours for this conference. By JUDGE GEORGE Z. SINGAL. (lrc) Modified on 4/25/2012 to terminate as a motion (lrc).
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| Set Deadlines Pursuant to the Procedural Order issued on 3/1/2012: Out of state counsel shall notify the Clerk's Office by April 6, 2012 if they will to participate in the conference telephonically. The parties shall file a joint draft agenda containing all items they wish to discuss at the conference no later than 5:00 p.m. on April 16, 2012.(lrc) |
| Filing 31 REPLY to Response to Motion re #25 MOTION to Amend Scheduling Order and Notice of Intent to File Motion for Partial Summary Judgment and Request for Pre-Filing Conference and Motion to Stay Discovery filed by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Exhibit 1, Trial Transcript Excerpt, #2 Exhibit 2, Cannella Unopposed Motion for Temporary Stay, #3 Certificate of Service)(WEBER, RALPH) Modifie |
| Filing 30 REPLY to Response to Motion re #23 MOTION to Dismiss Count I & to Partially Dismiss Count II of Fairbank's Crossclaim filed by GREATER OMAHA PACKING COMPANY INC. (DENHAM, ALISON) |
| Filing 29 RESPONSE to #26 OBJECTION to #20 Scheduling Order, #19 Scheduling Order, filed by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Affidavit of Shawn Stevens Support Fairbank Response, #2 Exhibit 1, Jury Verdict, #3 Exhibit 2, Excerpts, Trial Exhibit 129, #4 Exhibit 3, Excerpts, Trial Testimony, #5 Exhibit 4, MCDC Bacteriology Report, #6 Exhibit 5, Excerpts, Trial Exhibit 53, #7 Exhibit 6, Excerpts, Trial Testimony, #8 Exhibit 7, Excerpts, Trial Testimony, #9 Exhibit 8, 10-25-2011 Order re Comparative Negligence, #10 Certificate of Service)(WEBER, RALPH) |
| Filing 28 RESPONSE in Opposition re #25 MOTION to Amend Scheduling Order and Notice of Intent to File Motion for Partial Summary Judgment and Request for Pre-Filing Conference and Motion to Stay Discovery filed by GREATER OMAHA PACKING COMPANY INC. Reply due by 2/15/2012. (Attachments: #1 Exhibit A - Fairbank's Proposed Special Verdict, #2 Exhibit B - Trial Excerpts, #3 Exhibit C - Special Verdict Form)(DENHAM, ALISON) |
| Filing 27 RESPONSE in Opposition re #23 MOTION to Dismiss Count I & to Partially Dismiss Count II of Fairbank's Crossclaim filed by FAIRBANK RECONSTRUCTION CORP. Reply due by 2/13/2012. (Attachments: #1 Certificate of Service)(WEBER, RALPH) |
| Filing 26 OBJECTION to #20 Scheduling Order, filed by GREATER OMAHA PACKING COMPANY INC. Responses due by 2/1/2012. (Attachments: #1 Exhibit A - Proposed Discovery Plan/Scheduling Order)(DENHAM, ALISON) |
| Filing 25 MOTION to Amend Scheduling Order and Notice of Intent to File Motion for Partial Summary Judgment and Request for Pre-Filing Conference and Motion to Stay Discovery by FAIRBANK RECONSTRUCTION CORP Responses due by 2/1/2012. (CATSOS, PAUL) |
| Filing 24 Answer to GOPAC's Crossclaim #7 by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Certificate of Service)(WEBER, RALPH) Modified on 1/11/2012 to clean up docket text (lrc). |
| Filing 23 MOTION to Dismiss Count I & to Partially Dismiss Count II of Fairbank's Crossclaim by GREATER OMAHA PACKING COMPANY INC Responses due by 1/30/2012. (DENHAM, ALISON) |
| Filing 22 Answer to Crossclaim, #18 by GREATER OMAHA PACKING COMPANY INC. (Attachments: #1 Exhibit 1 - Hold Harmless Guarantee, #2 Exhibit 2 - Terms & Conditions of Sale)(DENHAM, ALISON) Modified on 1/9/2012 to clean up docket text(lrc). |
| Filing 21 AMENDED ANSWER to #7 Plaintiff's Complaint at Law by GREATER OMAHA PACKING COMPANY INC. (DENHAM, ALISON) |
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Filing 20
AMENDED SCHEDULING ORDER: Discovery due by 5/23/2012. Motions due by 6/13/2012. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 5/30/2012. Ready for Trial on 9/4/2012. This amendment does not change any deadlines only adds the electronic signature of the Magistrate Judge. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (CWP)
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Filing 19
SCHEDULING ORDER: Discovery due by 5/23/2012. Motions due by 6/13/2012. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 5/30/2012. Ready for Trial on 9/4/2012. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (CWP)
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| Filing 18 ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against GREATER OMAHA PACKING COMPANY INC by FAIRBANK RECONSTRUCTION CORP. (Attachments: #1 Exhibit A-Jury Verdict, 11/10/2011, #2 Exhibit B-Judgment in Favor of Fairbank Farms, 11/14/2011, #3 Exhibit C-GOPAC Guarantee, #4 Certificate of Service)(WEBER, RALPH) Modified on 12/21/2011 to clean up docket text(cef). |
| Reset Answer Deadline for Fairbank Reconstruction Corp Pursuant to the Order entered on 12/14/2011: Answer due by 12/20/2011.(lrc) |
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Filing 17
ORDER granting without objection #16 Motion for Extension of Time to Answer. Fairbank's deadline to answer or otherwise plead to the plaintiff's complaint is extended to December 20, 2011. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 16 Unopposed MOTION to Extend Time to File Answer re #1 Complaint,, by FAIRBANK RECONSTRUCTION CORP Responses due by 1/3/2012. (CATSOS, PAUL) |
| Filing 15 CERTIFICATION for Admission Pro Hac Vice of Stephen P. Ellenbecker filed by ALISON DENHAM on behalf of GREATER OMAHA PACKING COMPANY INC (Total admission fee $ 100 receipt number 0100-928923.) (DENHAM, ALISON) |
| Filing 14 CERTIFICATION for Admission Pro Hac Vice of David Patterson Gloor filed by ALISON DENHAM on behalf of GREATER OMAHA PACKING COMPANY INC (Total admission fee $ 100 receipt number 0100-928920.) (DENHAM, ALISON) |
| Filing 13 ADDITIONAL ATTACHMENTS filed by FAIRBANK RECONSTRUCTION CORP re #11 Certification for Admission Pro Hac Vice -Shawn K. Stevens Certification(CATSOS, PAUL) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by FAIRBANK RECONSTRUCTION CORP. (CATSOS, PAUL) |
| Filing 11 CERTIFICATION for Admission Pro Hac Vice of Shawn K. Stevens and Ralph A. Weber filed by PAUL C. CATSOS on behalf of FAIRBANK RECONSTRUCTION CORP (Total admission fee $ 200 receipt number 0100-928494.) (CATSOS, PAUL) |
| Filing 10 NOTICE of Appearance by PAUL C. CATSOS on behalf of FAIRBANK RECONSTRUCTION CORP (CATSOS, PAUL) |
| Set Answer Deadline for Fairbank Reconstruction Corp Per filing of Summons Returned Executed filed on 12/11/2011: Answer due by 12/13/2011.(lrc) |
| Filing 9 SUMMONS Returned Executed by EMMIE JONES. GREATER OMAHA PACKING COMPANY INC served on 11/18/2011. (WAXMAN, MICHAEL) |
| Filing 8 SUMMONS Returned Executed by EMMIE JONES. FAIRBANK RECONSTRUCTION CORP served on 11/22/2011. (WAXMAN, MICHAEL) |
| Filing 7 ANSWER to #1 Complaint,, , CROSSCLAIM against FAIRBANK RECONSTRUCTION CORP by GREATER OMAHA PACKING COMPANY INC.(DENHAM, ALISON) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by GREATER OMAHA PACKING COMPANY INC. (DENHAM, ALISON) |
| Filing 5 NOTICE of Appearance by ALISON DENHAM on behalf of GREATER OMAHA PACKING COMPANY INC (DENHAM, ALISON) |
| Filing 4 Summons Issued as to FAIRBANK RECONSTRUCTION CORP, GREATER OMAHA PACKING COMPANY INC. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 Greater Omaha Packing summons)(bfa) |
| Filing 3 CERTIFICATION for Admission Pro Hac Vice of Fred Pritzger, Ryan Osterholm, Eric Hageman filed by MICHAEL J. WAXMAN on behalf of All Plaintiffs (Total admission fee $ 300 receipt number 0100-918109.) (WAXMAN, MICHAEL) |
| Filing Fee Received from EMMIE JONES: Amount Paid: $350. Receipt Number: 212000199. Method of Payment: check. Purpose of Payment: filing fee. Date Paid: 11/15/2011 re #1 Complaint. (bfa) |
| Case Reassigned to JUDGE GEORGE Z. SINGAL. JUDGE D. BROCK HORNBY no longer assigned to the case.(mjlt) |
| Filing 2 CIVIL COVER SHEET. (bfa) |
| Filing 1 COMPLAINT against FAIRBANK RECONSTRUCTION CORP, GREATER OMAHA PACKING COMPANY INC with Jury Demand IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO IMMEDIATELY LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY.IF FILING FEE IS BEING PAID WITH A CHECK, THE COURT REQUIRES RECEIPT OF PAYMENT WITHIN 48 HOURS OF THIS FILING., filed by EMMIE JONES. (Service of Process Deadline 3/13/2012)(bfa) |
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