Board of Regents of the University of Nebraska v. BASF
| 4:2004cv03356 |
| November 17, 2004 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| David L. Piester |
| Contract: Other |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
498
MEMORANDUM AND ORDER granting 497 Stipulation. All claims asserted by Syngenta in this action are dismissed with prejudice. Counts I-IV of Monsanto' Second Amended Complaint in Intervention in this action are dismissed without prejudice, prov ided however that Monsanto covenants not to reassert said claims in any future action against Syngenta or its affiliates. Any remaining claims asserted by the University are dismissed without prejudice, provided however that the University covenants not to reassert said claims in any future action against Syngenta or its affiliates. All parties to the Stipulation (filing 497 ) shall bear their own attorneys' fees and costs in this action. Ordered by Judge Richard G. Kopf. (GJG, )
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Filing
493
MEMORANDUM AND ORDER. After consulting with counsel by telephone, and without finding that any party or lawyer has acted improperly, IT IS ORDERED that:1.Syngenta's motion for a continuance and for permission to contact witnesses 488 is grant ed as provided herein and it is otherwise denied.2.A continuance is granted. Trial of this matter shall commence on Monday, November 17, 2008, at 8:30 AM.3.Counsel for Syngenta may contact Dr. Mani Subramanian, without first consulting counsel for B ASF, to determine if Dr. Mani Subramanian will agree to appear in person to testify at trial. 4.Counsel for Syngenta may contact Dr. Paul Bernasconi, who is employed by BASF, to determine if Dr. Paul Bernasconi will agree to appear in person to test ify at trial. Since this witness is employed by BASF, counsel for Syngenta shall coordinate this contact and work through counsel for BASF.5.If Dr. Subramanian or Dr. Bernasconi or both of them refuse to appear in person to testify at trial, then:A. On or before 9:00 AM on Friday, November 14, 2008, counsel for Syngenta may submit newly edited versions of the earlier depositions of these witnesses.B.On or before 9:00 AM on Sunday, November 16, 2008, counsel for the University and counsel for Monsanto may submit counter designations. Ordered by Judge Richard G. Kopf. (KLL, )
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Filing
487
ORDER regarding Joint STIPULATION FOR DISMISSAL 486 filed by Board of Regents of the University of Nebraska. IT IS HEREBY ORDERED: 1. that all claims asserted by BASF in this Action are dismissed with prejudice; 2. that Counts I-IV of Monsantos Sec ond Amended Complaint in Intervention in this Action are dismissed without prejudice only as against BASF and not any other party; 3. that the First and Second Claims for Relief in the University's Amended Complaint in this Action are dismissed without prejudice only as against BASF and not any other party; and 4. that all Parties to this Stipulation shall bear their own attorneys fees and costs in this action. Ordered by Judge Richard G. Kopf. (LKL, )
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Filing
482
TRIAL ORDER. To assist the parties regarding the procedures that will be followed for the non-jury trial of this complex matter, IT IS ORDERED that:1.Each party may submit a trial brief. Trial briefs may be submitted no later than Monday, November 10, 2008. It will be most helpful if the trial briefs concentrate on simplifying the issues. Keep in mind that the undersigned has never belonged to Mensa. In that regard, and given the short attention span of the reader, no trial brief shall excee d 20 pages. Proposed findings of fact and conclusions of law and post-trial briefs will be submitted following trial on a schedule to be proposed and agreed upon by counsel.2.BASF and then Syngenta will present evidence first, to be followed by the University and then Monsanto. BASF and Syngenta shall have a total of 32.5 hours to be allocated among themselves to conduct opening statements, direct examination, cross examination, and closing argument. One of the lawyers for BASF will be the ti mekeeper for this group and shall announce the time used at the end of each day. The University and Monsanto shall have a total of 32.5 hours to be allocated among themselves to conduct opening statements, direct examination, cross examination, and closing argument. One of the lawyers for the University will be the timekeeper for this group and shall announce the time used at the end of each day. The undersigned will not keep time.3.Trial will start at 8:30 AM each morning and conclude at 5:0 0 PM, with 15-minute breaks in the morning and afternoon. Lunch breaks will generally be held between 12:00 noon and 1:30 PM to allow the undersigned to conduct criminal matters over the noon hour.4.The parties have requested a court reporter (rathe r than the digital audio recording system that the undersigned typically uses), and the parties have also requested "daily copy." Those requests are granted provided that the parties reach a mutually acceptable agreement with the Court' ;s staff court reporter, Sue DeVetter, and further provided that the parties pay for the cost of those services. Counsel shall contact Sue DeVetter at one of the following telephone numbers: home 712-256-7123, cell 402-212-9482, and office 402-661-7 309.5.The undersigned will liberally grant leave to "exceed the scope," but counsel shall advise each other of any intention to seek such relief before a witness testifies.6.Within reason, the undersigned will allow testimony about "th is is what we meant when we were negotiating the contract."7.It will not be necessary to "color code" depositions.8.Should the parties decide to settle this matter at any time, I would not be upset.9.My chambers shall provide a copy of this order to Magistrate Judge Piester, Sue DeVetter, and Colleen Beran. (Copy provided by KLL.)Ordered by Judge Richard G. Kopf. (KLL, )
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Filing
478
MEMORANDUM AND ORDER - The parties' motions for summary judgment (filings 402 405 414 416 are denied. Ordered by Judge Richard G. Kopf. (GJG, )
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Filing
477
MEMORANDUM AND ORDER - The Motion for Final Judgment Under Rule 54(b) (filing 397 ) filed by BASF Corporation is denied. Ordered by Judge Richard G. Kopf. (GJG, )
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Filing
476
ORDER. Counsel are advised that the Wentworth criminal case has settled. As a consequence, counsel should be prepared to try this non-jury case starting on Wednesday, November 12, 2008. It is so ordered. Ordered by Judge Richard G. Kopf. (KLL, )
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Filing
475
MEMORANDUM AND ORDER - The parties are hereby notified that the criminal case of United States v. Wentworth, No. 4:06CR3172 (D. Neb.), is scheduled for a 15-day jury trial before the undersigned United States district judge beginning on Monday, Novem ber 3, 2008, and concluding on or about Monday, November 24, 2008. If the Wentworth case commences as scheduled, the nonjury trial in Board of Regents v. BASF, No. 4:04CV3356 (D. Neb.), will need to be rescheduled. Counsel in the Wentworth case have been given a deadline of October 14, 2008, to notify the court whether the defendant will plead or go to trial, but at this time, the court has been advised that trial is likely. The court shall notify counsel in Board of Regents v. BASF on October 15, 2008, regarding the status of the Wentworth case. Ordered by Judge Richard G. Kopf. (GJG, )
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Filing
474
MEMORANDUM AND ORDER - The parties shall be advised that Laura R. Hegge began employment as a law clerk in the chambers of the undersigned United States district judge on Monday, September 29, 2008. Ms. Hegge was formerly employed as an associate at Cline, Williams, Wright, Johnson & Oldfather, L.L.P., in Lincoln, Nebraska, which is the law firm representing the Board of Regents of the University of Nebraska in this lawsuit. While employed at Cline, Williams, Ms. Hegge did not perform any substantive work on the above-captioned case, and she will not work on this case while employed in this chambers.Ordered by Judge Richard G. Kopf. (GJG, )
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Filing
465
ORDER - The motion for reconsideration and motion to intervene filed by Timothy Rissmiller, Jonathan Lee Riches, and Toni Lea Frost, filing 421 is stricken for lack of a certificate of service and failure to timely correct this deficiency. Ordered by Magistrate Judge David L. Piester. (Copy mailed to pro se party)(GJG, )
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