Avila, et al v. CNH America et al
Case Number: 4:2004cv03384
Filed: December 16, 2004
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Richard G. Kopf
Presiding Judge: David L. Piester
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Both
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Date Filed Document Text
November 18, 2014 Opinion or Order Filing 555 JUDGMENT that pursuant to the parties' joint stipulation for judgments of dismissal with prejudice (filing No. 554), and with the Court finding that there is no just reason for delay final judgment is entered pursuant to Federal Rules of Civil P rocedure 41(a) and 54(b) dismissing with prejudice all claims asserted against all Defendants by all Plaintiffs in the above-captioned case, with the parties bearing their own costs and attorneys' fees. Ordered by Senior Judge Richard G. Kopf. (MBM)
June 3, 2014 Opinion or Order Filing 546 ORDER granting 545 Motion to Withdraw as Attorney. Paul A. Del Aguila is withdrawn as counsel of record on behalf of CNH America, LLC; New Holland, Inc.; Fiatallis North America, Inc.; Case New Holland, Inc.; CNH Global N.V.; Unisys Corporation; Fiat S.p.A.; and Fiatallis North America, LLC. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
May 27, 2014 Opinion or Order Filing 543 ORDER that Attorney Paul Del Aguila has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Mr. Del Aguila is directed to pay the $20.00 fee or show cause why he is unable to do so. Show Cause Deadline set for 6/27/2014. Ordered by Chief Judge Laurie Smith Camp. (MTB)
February 26, 2014 Opinion or Order Filing 536 ORDER granting 535 Motion to Withdraw as Attorney. Nancy S. Eichler is hereby relieved of her duties to the Court, the Plaintiffs and opposing counsel in this action. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
November 27, 2013 Opinion or Order Filing 528 MEMORANDUM AND ORDER - The undersigned magistrate judge will provide judicial review of any proposed allocation of settlement funds to the individual plaintiffs, and will serve as a neutral in resolving any disputes over the allocation of those a ssets among the individual plaintiffs. With defense counsels agreement, the undersigned magistrate judge will work ex parte with the plaintiffs during the settlement allocation review/approval process and any negotiations or mediation on settleme nt allocation issues. That is, defense counsel has agreed that I need not include them in the discussions and communications on issues related to the allocation of settlement funds. On or before December 18, 2013, plaintiffs' counsel shall submit a proposed settlement distribution plan to me for my initial review and comment. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)
May 14, 2013 Opinion or Order Filing 520 MEMORANDUM AND ORDER that a Telephone Conference is set for 6/19/2013 at 01:00 PM by telephone before Magistrate Judge Cheryl R. Zwart. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
January 14, 2013 Opinion or Order Filing 515 JUDGMENT adopting 514 Joint Stipulation for Dismissal. Final judgment is entered pursuant to Federal Rules of Civil Procedure 41(a) and 54(b) dismissing with prejudice Plaintiffs' claims against Fiatallis North America Inc. in the above-captio ned action, with the parties bearing their own costs and attorneys' fees. Fiatallis North America Inc. shall no longer be a party to the action. This judgment does not affect Plaintiffs' claims against any other party. Ordered by Senior Judge Richard G. Kopf. (JAB)
August 17, 2012 Opinion or Order Filing 511 MEMORANDUM AND ORDER - A planning conference was held with counsel on August 14, 2012. The Court adopts in full the parties' jointly-filed "Status Report and Joint Proposed Case Progression Plan" (Doc. 509 ), including sections II an d III, which set out a Phase 2 Case Progression Plan and Specific Framework for Proposed Phase 2 Discovery Plan. The Court will enter a subsequent order with specific calendar dates for the remaining deadlines set forth in Section III of the parties' jointly-filed "Status Report and Joint Proposed Case Progression Plan." Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 13, 2012 Opinion or Order Filing 510 ORDER granting 507 Motion to Withdraw as Attorney.; granting 508 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
July 18, 2012 Opinion or Order Filing 503 ORDER that following the issuance of the mandate by the Court of Appeals, this matter is referred to Magistrate Judge Cheryl R. Zwart for further progression, as appropriate. The clerk of the court shall provide a copy of this order to Judge Zwart. Ordered by Senior Judge Richard G. Kopf. (E-mailed to Judge Zwart)(ADB)
March 30, 2011 Opinion or Order Filing 493 MEMORANDUM AND ORDER granting 492 Motion to Withdraw Lemuel M. Srolovic as Attorney for plaintiffs. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB, )
March 2, 2010 Opinion or Order Filing 485 ORDER granting 483 Motion to Withdraw as Attorney. The clerk is directed to remove Mr. Ross from all future ECF notifications in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
April 27, 2009 Opinion or Order Filing 473 ORDER - All proceedings in this matter are stayed pending completion of the appeal that was filed by the plaintiffs on April 7, 2009 filing 460 . Ordered by Judge Richard G. Kopf. (GJG)
April 20, 2009 Opinion or Order Filing 471 ORDER granting 470 Motion to Withdraw as Attorney. The motion of Catherine C. Lemoine, filing no. 470 , to withdraw as counsel of record for defendant Unisys Corporation is granted. Ordered by Magistrate Judge David L. Piester. (JAB)
March 31, 2009 Opinion or Order Filing 459 ORDER - The joint stipulation, filing no. 458 is approved. Ordered by Magistrate Judge David L. Piester. (GJG)
March 25, 2009 Opinion or Order Filing 457 ORDER - The joint stipulation, filing no. 456 is approved and the CNH defendants are given until April 10, 2009 to respond to Plaintiffs' First Set of Interrogatories to CNH Defendants and First Request for Admission to CNH Defendants. Ordered by Magistrate Judge David L. Piester. (GJG)
March 20, 2009 Opinion or Order Filing 455 ORDER - Plaintiffs' motion for an enlargement of time (filing 454 ) is granted, as follows: Plaintiffs shall have until April 10, 2009, to respond to Defendants' motion for partial summary judgment (filing 431 ). Ordered by Judge Richard G. Kopf. (LKH)
March 18, 2009 Opinion or Order Filing 453 ORDER - The defendants' unopposed motion to restrict access pursuant to the E- Government Act of 2002 to certain documents containing protected health information (filing 430 ) is granted in part and denied in part, as follows: 1. The motion is granted with respect to the defendants' index of evidence and attached exhibits (filing 433 ); 2. The motion is denied with respect to the defendants' motion for partial summary judgment (filing 431 ); and 3. The motion is denied with re spect to the defendants' brief in support of their motion for partial summary judgment (filing 432 ). IT IS FURTHER ORDERED, pursuant to Nebraska Civil Rule 5.3(c), that the restrictions are lifted from the motion for partial summary judgment (filing 431 ) and supporting brief (filing 432 ), and that the clerk of the court will modify the docket sheet entries accordingly. Ordered by Judge Richard G. Kopf. (GJG)
March 11, 2009 Opinion or Order Filing 450 MEMORANDUM AND ORDER - The plaintiffs' motion for reconsideration and for relief pursuant to Fed. R. Civ. P. 59(e) and 60(b)(1)-(2) with request for oral argument (filing 385 ) is denied in all respects. Ordered by Judge Richard G. Kopf. (GJG)
February 23, 2009 Opinion or Order Filing 422 QUALIFIED PROTECTIVE ORDER PURSUANT TO THE HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996 granting 420 Motion for Protective Order. Ordered by Magistrate Judge David L. Piester. (GJG)
February 17, 2009 Opinion or Order Filing 419 ORDER - The motion of Edward G. Warin, filing no. 418 for leave to withdraw as counsel of record for defendant Unisys Corporation is granted. Ordered by Magistrate Judge David L. Piester. (GJG)
February 12, 2009 Opinion or Order Filing 415 ORDER granting 414 Motion to Substitute Attorney. Victoria H. Buter is hereby substituted as counsel of record for Fiat S.p.A., CNH Global N.V., Fiatallis North America LLC f/k/a Fiatallis North America, Inc., Case NewHolland, Inc. and CNH America LLC. The appearance of Donald G. Blankenau on behalf of Fiat S.p.A., CNH Global N.V., Fiatallis North America LLC f/k/a Fiatallis North America, Inc., Case New Holland, Inc. and CNH America LLP is hereby withdrawn. Ordered by Magistrate Judge David L. Piester. (GJG)
February 9, 2009 Opinion or Order Filing 409 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY. Ordered by Magistrate Judge David L. Piester. (GJG)
February 3, 2009 Opinion or Order Filing 402 ORDER-The joint stipulation of the parties, filing no. 401 , is approved and the deadline for plaintiffs to respond to Unisys Corporation's First Set of Interrogatories is extended to February 6, 2009. Ordered by Magistrate Judge David L. Piester. (LKH)
January 2, 2009 Opinion or Order Filing 382 MEMORANDUM AND ORDER - The plaintiffs' requests that Cargill's motions for summary judgment be denied or continued pending additional discovery, pursuant to Federal Rule of Civil Procedure 56(f), are denied. Cargill's motions for summa ry judgment (Case No. 4:04CV3384, filing 329 ; Case No. 4:07CV3170, filing 59) are granted, and the plaintiffs' claims are dismissed with prejudice. Judgment shall be entered by a separate document filed in each case. With respect to Case No. 4:04CV3384, the court expressly finds that there is no just reason for delay, and directs that a final judgment shall be entered dismissing Cargill from the action pursuant to Federal Rule of Civil Procedure 54(b). Ordered by Judge Richard G. Kopf. (GJG)
October 30, 2008 Opinion or Order Filing 363 ORDER - The Stipulation, filing no. 362 is hereby APPROVED. Ordered by Magistrate Judge David L. Piester (GJG, ) Modified on 10/31/2008 to correct as to Judge Piester(GJG, ).
October 17, 2008 Opinion or Order Filing 358 ORDER - Cargill's motion for leave to file reply brief, filing no. 355 in 4:04cv3384 and filing no. 81 in 4:07cv3170, is granted. The brief has been considered. Cargill's motion for protective order, filing no. 345 in 4:04cv3384 and fi ling no. 76 in 4:07cv3170, is denied. Cargill is given thirty days from this date to serve its responses or objections to the pending requests for production. The plaintiffs' Rule 30(b)(6) deposition may be re-noticed to commence at a time not l ess than thirty days from this date. Each party shall bear its own expenses in respect to this discovery matter. Counsel's request for oral argument on this matter is denied. The telephone conference that was set for November 21, 2008 is cancelled. Ordered by Magistrate Judge David L. Piester. (GJG, )
October 7, 2008 Opinion or Order Filing 353 ORDER granting 349 Joint Stipulation and Order. Ordered by Magistrate Judge David L. Piester. (LKL)
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