Trackwell v. B & J Partnership et al
Case Number: 4:2005cv03171
Filed: July 18, 2005
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: Contract: Other
Cause of Action: 15 U.S.C. ยง 25 Clayton Act
Jury Demanded By: Both
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Date Filed Document Text
August 4, 2011 Opinion or Order Filing 335 ORDER - Cline, Williams, Wright, Johnson & Oldfather, L.L.P., has filed a Motion to Dismiss Contempt Proceedings Without Prejudice (filing 330 ). Mary C. Wickenkamp has not objected or otherwise responded to the motion. Accordingly, 1. The Motion t o Dismiss Contempt Proceedings Without Prejudice (filing 330 ) is granted; 2. The Motion to Hold in Contempt for Willful Failure to Pay Sanctions (filing 183 ) is denied without prejudice as moot; 3. The Motion for Summary Judgment (filing 309 ), Renewed Motion for Appointment of Counsel (filing 323 ), and Motion to Deem Timely Filed (filing 334 ), all filed by Mary C. Wickenkamp, are denied as moot; 4. This civil contempt proceeding is dismissed without prejudice; and 5. Judgment shall be entered by separate document. Ordered by Judge Richard G. Kopf. (Copy mailed and faxed to pro se party)(JAB)
June 8, 2011 Opinion or Order Filing 321 ORDER granting Mary C. Wickenkamp's unopposed Motion to Extend Filing Date for Affidavit and to Deem Timely Filed When Received 315 . The above-referenced Affidavit, filed in this court on June 7, 2011 (filing 318 ) in response to this court&# 039;s prior order (filing 306 ), is deemed timely filed. As stated by Mary C. Wickenkamp in such Affidavit (filing 318 11), Ms. Wickenkamp shall mail her "supplemental set of discovery responses, which will include corrections of all information known by [her] to be incorrect" on or before June 10, 2011. Ordered by Judge Richard G. Kopf. (Copy mailed and faxed to pro se party)(JAB)
May 26, 2011 Opinion or Order Filing 312 ORDER - Ms. Wickenkamp faxed to my chambers proposed pleadings in this matter. Noting that the pleadings are incomplete and that my judicial assistant was unable to reach Ms. Wickenkamp, I will direct the Clerk to file the incomplete pleadings. In the future, Ms. Wickenkamp should submit all pleadings by the United States mail and not by fax. IT IS SO ORDERED. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(TEL)
May 17, 2011 Opinion or Order Filing 306 MEMORANDUM AND ORDER - IT IS ORDERED that: No later than 5:00 P.M. on June 3, 2011, Ms. Wickenkamp shall originally sign and then file with the court an affidavit in the following form: I, Mary C. Wickenkamp, declare, certify, verify or state under p enalty of perjury that all answers to interrogatories that I have previously submitted in response to discovery requests submitted to me in my individual capacity, such as those answers made a part of filing no. 198 and those answers served on or a bout January 20, 2011, are true and correct. Executed on [date] [Manual Signature]. The affidavit must be dated and signed by Mary C. Wickenkamp. The undersigned declines, at this time, to issue the other orders requested by Cline-Williams. ***Set/Reset All Deadlines: (Case Management Deadline set for 6/3/2011.) Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (TEL)
May 12, 2011 Opinion or Order Filing 303 MEMORANDUM AND ORDER - The Court of Appeals has substituted the Cline Williams law firm as the real party in interest (filings 298 & 299 ) regarding the judgment entered herein (filing 137 ) imposing monetary sanctions against Ms. Wickenkamp. The y have also affirmed the judgment against Ms. Wickenkamp and disposed of her claims that this court lacked jurisdiction to impose sanctions and that Ms. Wickenkamp was denied procedural due process. A competent authority has determined that there are no grounds for concluding that I am biased against Ms. Wickenkamp. Because the amended answer proposed by Ms. Wickenkamp (filing 291 ) raises claims and defenses that have been determined to have no merit, I will deny Ms. Wickenkamp's Motion f or Reconsideration (filing 301 ) regarding her desire to file an amended answer. However, I will give Ms. Wickenkamp an opportunity to submit an amended answer that does not raise claims or defenses that have been previously found wanting. No later than 5:00 P.M. on Friday May 27, 2011, Ms. Wickenkamp may file an amended answer that complies with this Memorandum and Order. The foregoing does not relieve Ms. Wickenkamp from the requirement that she submit a status report on or before May 16, 2011. (See Filing 297 .) Ordered by Judge Richard G. Kopf. (Copy mailed and faxed to pro se party)(JAB)
May 5, 2011 Opinion or Order Filing 300 ORDER pursuant to Order 288 . IT IS ORDERED that Ms. Wickenkamp shall cease all contact with my chambers, including by facsimile. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (TEL)
May 3, 2011 Opinion or Order Filing 297 MEMORANDUM AND ORDER - Now that the Eighth Circuit Court of Appeals has affirmed (filings 295 & 296 ) this court's prior order (filing 237 ) denying Mary C. Wickenkamp's request (filing 201 ), pursuant to Fed. R. Civ. P. 60(b), to vaca te the 2006 judgment (filing 137 ) that imposed sanctions against her, I shall order the parties to file a status report regarding the contempt proceedings against Ms. Wickenkamp. Mary C. Wickenkamp and Cline, Williams, Wright, Johnson & Oldfather, L.L.P., on or before May 16, 2011, shall file with the court a status report regarding the contempt proceedings against Ms. Wickenkamp. Ordered by Judge Richard G. Kopf. (Copy mailed and faxed to pro se party)(JAB)
April 25, 2011 Opinion or Order Filing 294 MEMORANDUM AND ORDER denying without prejudice 291 Motion for Leave to file amended answer or response. In this case, there is an appeal pending to the United States Court of Appeals for the Eighth Circuit commenced by Ms. Wickenkamp. The proposed answer appears to be an attempt to address the waiver issue by asserting certain arguments and defenses that may have already been waived. I think it unwise to alter the pleading posture of this case while the appeal is pending. Ordered by Judge Richard G. Kopf. (Copy mailed and faxed to pro se party)(JAB)
March 24, 2011 Opinion or Order Filing 289 ORDER - 1. The Motion to Dismiss Contempt Proceedings and/or Vacate Court's Order of May 24, 2010 (filing no. 258 ) is denied. 2. The Motion for Leave to Serve Supoenas (filing no. 263 ) is granted. 3. The Motion for Protective Order and Motio n for Recusal (filing no. 267 ) is denied. 4. The Objection to Motion for Leave to Serve Supoena (filing no. 269 ) is denied. 5. The Motion to File Under Seal (filing no. 270 ) is denied. 6. The Motion for Reciprocal Discovery (filing no. 272 ) i s denied. 7. Cline-Williams shall provide Wickenkamp with a list of witnesses who may be called to testify at the contempt hearing, a short summary of the expected testimony of those witnesses, and copies of exhibits that may be offered at the contem pt hearing. That information shall be provided at least 14 calendar days before commencement of the contempt hearing. 8. Noting that Wickenkamp is able to travel at the insistence of Ms. Fritz (filing no. 282 ) despite the claim that Wickenkamp suff ers from "COPD" that renders her breathless, the Motion to Appoint Counsel (filing no. 279 ) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to Mary Wickenkamp)(JAB) Modified on 3/24/2011 to remove reference to fax. Unable to fax document at this time. (JAB)
February 1, 2011 Opinion or Order Filing 264 MEMORANDUM AND ORDER regarding MOTION for Leave to Serve Subpoenas 263 . On or before February 10, 2011, Ms. Wickenkamp shall respond to Cline Williams' motion for leave to serve subpoenas, (filing no. 263 ), to obtain documents regarding Ms. Wickenkamp's bank accounts at Wells Fargo Bank in Lincoln, Nebraska. No reply shall be filed absent leave of the court for good cause shown. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy faxed and mailed to pro se party)(JAB)
January 20, 2011 Opinion or Order Filing 257 MEMORANDUM AND ORDER denying 253 Motion for Reconsideration. Mary Wickenkamp's motion to reconsider, (filing no. 253 ), is denied. Mary Wickenkamp remains ordered to fully comply with the court's prior order, (filing no. 252 ). To be specific, on or before January 20, 2011, Mary Wickenkamp shall serve her discovery answers under the terms and conditions set forth in filing no. 252 . Ordered by Judge Richard G. Kopf. (Copy mailed and faxed to pro se party)(JAB)
January 5, 2011 Opinion or Order Filing 252 MEMORANDUM AND ORDER denying 242 Motion to Stay; granting 197 Motion to Compel; granting 229 Motion for Leave to serve subpoenas. Ordered by Judge Richard G. Kopf. (ADB, )
November 29, 2010 Opinion or Order Filing 238 ORDER denying 231 Motion to Stay, and setting schedule for further discovery responses. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(CRZ) Modified on 11/29/2010. Faxed to pro se party on 11/29/2010. (DMS, ).
November 24, 2010 Opinion or Order Filing 237 MEMORANDUM AND ORDER - The Rule 60(b)(6) Motion to Vacate Judgment (filing 201 ) filed by Mary Wickenkamp is denied. The Objection to Magistrate's Order (filing 230 ) filed by Mary Wickenkamp is denied. Ordered by Judge Richard G. Kopf. (Copy faxed and mailed to pro se party) (JAB)
November 4, 2010 Opinion or Order Filing 228 ORDER granting 212 Motion for Leave; denying 213 Motion to Seal; granting 215 ; denying 219 Motion to Seal; denying 222 Motion to Appoint Counsel ; denying 223 Motion to Restrict pursuant to the E-Government Act. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed and faxed to pro se party, fax receipt confirms delivery)(CRZ) Modified on 11/4/2010 to unseal (CRZ).
October 20, 2010 Opinion or Order Filing 211 MEMORANDUM AND ORDER - The defendants' motion to continue, (filing no. 210 ), is granted, and the hearing on defendants' motion for contempt is continued pending further order of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
October 13, 2010 Opinion or Order Filing 208 MEMORANDUM AND ORDER granting 205 Motion to Extend deadline regarding MOTION to Compel 197 . Mary Wickenkamps motion for additional time, (filing no. 205 ), is granted, and her response to the defendant's motion to compel shall be filed on or before October 25, 2010. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
July 19, 2010 Opinion or Order Filing 192 MEMORANDUM AND ORDER - Mary Wickenkamp's motion to file under seal (filing 188 ) is granted, and Filings 189 , 190 , and 191 shall be sealed. Filing 190 is granted, and the deadline to respond to discovery requests is stayed until further order of the court. The law firm of Cline, Williams, Wright, Johnson & Oldfather shall file an expedited response to the court on or before Wednesday, July 21, 2010, to Ms. Wickenkamp's remaining motion (filing 189 ). Ordered by Judge Richard G. Kopf. (Copy mailed to Mary Wickenkamp)(JAB)
May 24, 2010 Opinion or Order Filing 186 MEMORANDUM AND ORDER REGARDING MARY C. WICKENKAMP - Mary C. Wickenkamp is ordered to personally appear before this Court on Monday, August 2, 2010, at noon, in Courtroom No. 1, Lincoln, Nebraska, and show cause as to why she should not be held in con tempt for wilful failure to pay the sanctions ordered in filing 137 (Judgment), filing 136 (Memorandum and Order), filing 82 (Memorandum and Order) and filing 105 (Memorandum and Order); the law firm of Cline, Williams, Wright, Johnson & Oldf ather, or one of its lawyers or agents, shall serve Mary C. Wickenkamp with a copy of this Memorandum and Order prior to the hearing date set forth above and submit proof that such service has been made by filing an affidavit in the court file; the motion to file under seal 182 is granted. Ordered by Judge Richard G. Kopf. (CJP)
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