Dobson Brothers Construction v. Ratliff et al
| Dobson Brothers Construction |
| Ratliff and American Contractors Indemnity |
| 4:2008cv03103 |
| May 14, 2008 |
| US District Court for the District of Nebraska |
| Contract: Other Office |
| Lancaster |
| Richard G. Kopf |
| David L. Piester |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Breach of Contract |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
167
ORDER - The motion (filing 164 ) of the parties to vacate the order entered on April 10, 2012, as moot and joint motion to dismiss with prejudice is granted. The Clerk of Court shall strike this court's interlocutory order dated April 10, 2012, (filing 158 ). Ordered by Senior Judge Richard G. Kopf. (TEL)
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Filing
158
MEMORANDUM AND ORDER - ACIC's motion for partial judgment on the pleadings (filing 42 ) is denied as moot. ACIC's motion for summary judgment (filing 131 ) is denied. This matter is referred to Magistrate Judge Zwart to schedule trial. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
157
ORDER denying 156 Motion for Protective Order, and continuing the pretrial conference and trial of this case pending further order of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
151
ORDER denying 137 Plaintiff's Motion to Compel. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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Filing
147
MEMORANDUM AND ORDER requesting supplemental briefing on plaintiff's Motion to Compel 137 . Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
141
ORDER - Plaintiff's Unopposed Motion (filing 140 ) for Extension of Time to Respond to the Motion for Summary Judgment filed by defendant American Contractors Indemnity Company (ACIC) is granted. Plaintiff's deadline for filing its opposi tion to defendant ACIC's Motion for Summary Judgment (filing 131 ) is extended until two weeks following (a) an order denying Plaintiff's Motion to Compel (filing 137 ), or (b) the production of the documents requested by Plaintiff or com pelled to be produced by the court. Defendant ACIC may file a reply to Plaintiff's opposing brief and evidence within the time frame set forth in NECivR 7.0.1(c) and NECivR 6.1(b), after which the Motion for Summary Judgment (filing 131 ) shall be deemed submitted. Ordered by Judge Richard G. Kopf. (GJG)
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Filing
139
MEMORANDUM AND ORDER: Setting briefing schedule on the plaintiff's motion to compel, 137 . Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
136
MEMORANDUM AND ORDER: Jury Trial (4 days) set for 3/5/2012 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf.Pretrial Conference set for 2/16/2012 at 01:00 PM before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
134
ORDER - Plaintiff's unopposed motion (filing 133 ) for extension of time to respond to defendant American Contractors Indemnity Company's motion (filing 131 ) for summary judgment is granted. Plaintiff shall file its opposing brief and e vidence to defendant American Contractors Indemnity Company's motion (filing 131 ) for summary judgment on or before October 11, 2011. Pursuant to NECivR 7.0.1(c), Defendant American Contractors Indemnity Company may file a reply brief and inde x of evidence within seven days after Plaintiff files and serves its opposing brief and evidence. This matter is referred to Magistrate Judge Zwart to determine whether the pretrial conference and the trial in this matter should be continued. Ordered by Judge Richard G. Kopf. (GJG)
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Filing
127
ORDER granting 126 Motion to Withdraw as Attorney. Mr. Gatewood shall promptly mail a copy of this order to Defendant, and file a certificate of service stating he has done so. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Filing
125
ORDER granting 123 Motion to Extend. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
120
MEMORANDUM AND ORDER - This matter is referred to Magistrate Judge Zwart for further progression. Ordered by Judge Richard G. Kopf. (GJG)
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Filing
118
MEMORANDUM AND ORDER - Counsel for plaintiff Dobson Brothers Construction and defendant Ratliff, Inc., shall file their joint status report regarding the progress of arbitration proceedings within 5 days of the date of this order, and every 60 days t hereafter. The Clerk of Court shall set a new deadline for receipt of status reports for every 60 days following submission of the status report described in paragraph (1) above. (Status Report due by 2/14/2011.) Ordered by Judge Richard G. Kopf. (GJG)
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Filing
111
MEMORANDUM AND ORDER - Counsel for plaintiff Dobson Brothers Construction and defendant Ratliff, Inc., were ordered to file joint status reports every 60 days regarding the progress of arbitration proceedings (filing 103 ). The latest status report should have been filed with the court on or before January 20, 2010. Counsel for plaintiff Dobson Brothers Construction and defendant Ratliff, Inc., shall file their joint status report regarding the progress of arbitration proceedings within 5 days of the date of this order, and every 60 days thereafter. ***Set/Reset All Deadlines: (Status Report due by 3/2/2010.) Ordered by Judge Richard G. Kopf. (JAB)
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Filing
103
MEMORANDUM AND ORDER regarding pending motions. 1. The magistrate judge's report and recommendation (filing 98 ) is adopted. 2. Plaintiff Dobson's objections (filing 99 ) to the report and recommendation are denied. 3. The motion to comp el arbitration, consolidate proceedings, and stay litigation (filing 67 ) filed by plaintiff Dobson against defendant American Contractors Indemnity Company is denied in part and granted in part. 4. Plaintiff Dobson and defendant Ratliff may now pro ceed to arbitration; The motion for judgment on the pleadings (filing 42 ) filed by defendant American Contractors Indemnity Company against plaintiff Dobson is stayed pending arbitration of the payment dispute between plaintiff Dobson and defendant Ratliff. This case is stayed pending arbitration between plaintiff Dobson and defendant Ratliff; Every 60 days from the date of this order, counsel for plaintiff Dobson and defendant Ratliff shall file a joint status report with the court regarding the progress of arbitration proceedings. Ordered by Judge Richard G. Kopf. (JAB)
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Filing
98
REPORT, RECOMMENDATION, AND ORDER regarding MOTION to Compel Arbitration 67 . IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. § 636(b), that: 1) The motion to compel arbi tration filed by plaintiff Dobson Brothers Construction Company ("Dobson") against defendant American Contractors Indemnity Company, ("ACIC")(filing no. 67 ), be granted in part, and denied in part as stated. 2) As to whether the claims remaining pending in this court should be dismissed, stayed, or litigated pending arbitration, it is recommended that Dobson's claims against ACIC, and ACIC's motion for partial judgment on the pleadings, (filing no. 42 ), be staye d pending the arbitration of the Dobson/Ratliff payment dispute. Objections to this report and recommendation, along with supporting briefs, must be filed on or before March 10, 2009. Any response to any objection must be filed on or before March 20, 2009. Ordered by Magistrate Judge David L. Piester. (JAB)
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Filing
93
ORDER-The court's memorandum and order dated February 6, 2009, (filing no. 92 ), set a February 16, 2009 deadline for filing briefs explaining the parties' respective positions on the scope of issues covered by defendant ACIC's post-d ispute consent to arbitrate. February 16, 2009 is a federal holiday, and setting a filing deadline on that day was erroneous. The deadline for filing briefs outlining the parties' respective positions concerning what issues, claims, and defense s raised by the pleadings are, or are not, encompassed within payment disputes that relate to the allocation of chargeable contract time and resultant liquidated damages, and any quantity or quality of work subject to the contract, (filing no. 74 , at CM/ECF p. 6), is changed from February 16, 2009 to February 17, 2009. In all other respects, the court's previously entered briefing schedule on this issue, (filing no. 92 ), remains in effect. Ordered by Magistrate Judge David L. Piester. (LKH)
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Filing
92
MEMORANDUM AND ORDER: (1) On or before February 16, 2009, Dobson and ACIC shall each file briefs outlining their respective positions concerning what issues, claims, and defenses raised by the pleadings are, or are not, encompassed within payment dis putes that relate to the allocation of chargeable contract time and resultant liquidated damages, and any quantity or quality of work subject to the contract; (2) Any responsive brief shall be filed on or before February 23, 2009; (3) No reply briefs shall be filed absent leave of the court for good cause shown; (4) Defendant Ratliff may file, but is not required to file, briefs on the issues and in accordance with the schedule set forth in paragraphs (1) through (3) of this order. Ordered by Magistrate Judge David L. Piester. (CRZ)
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Filing
86
ORDER - The Rule 16 telephone planning conference that was set for January 9, 2009 is continued until further order. Ordered by Magistrate Judge David L. Piester. (JAB)
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Filing
82
MEMORANDUM AND ORDER - 1. The report and recommendation (filing 66 ) is adopted. Dobson's statement of appeal (filing 77 ) to the report and recommendation is denied. Ratliff's motion to compel arbitration against Dobson (filing 33 ) is granted. Those parties are, however, directed not to proceed to arbitration until further order of this court. 2. ACI's motion for judgment on the pleadings as against Dobson (filing 42 ) and Dobson's motion to compel arbitration as agains t ACI (filing 67 ) are referred to Judge Piester for a report and recommendation. In that report and recommendation, Judge Piester should also address the question of whether the court should stay or dismiss this federal litigation when compelling arbitration against any party. Judge Piester should give all parties (Dobson, Ratliff and ACI) an additional opportunity to address that question. Ordered by Judge Richard G. Kopf. (JAB)
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Filing
73
ORDER regarding 72 Joint Stipulation. IT IS ORDERED: The joint stipulation and motion of the parties, filing no. 72 , is granted and the Rule 16 telephone planning conference is continued from November 24 to January 9, 2009 at 9:30 a.m. Plaintiffs counsel shall initiate the call. Ordered by Magistrate Judge David L. Piester. (LKL)
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Filing
71
MEMORANDUM AND ORDER regarding 70 Motion to Extend. IT IS ORDERED: Plaintiff's motion (filing 70 ) to enlarge time to object to the Magistrate Judges Report and Recommendation (filing 66 ) and for expedited ruling is denied, and matters shall progress in their normal course; Plaintiff's objections to the Magistrate Judges Report and Recommendation (filing 66 ), if any, shall be filed on or before November 26, 2008. Ordered by Judge Richard G. Kopf. (LKL)
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Filing
66
REPORT AND RECOMMENDATION to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motion to compel arbitration filed by the defendant and counter claimant, Ratliff, Inc., (filing no. 33 ), be gra nted. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the courts adoption of the recommendation. Ordered by Magistrate Judge David L. Piester. (LKL)
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Filing
60
ORDER granting 59 Stipulation. The parties' joint stipulation for continuance, filing 59 , is granted and the Rule 16 telephone planning conference is continued from October 8 to November 24, 2008 at 10:00 a.m., Central Time. Plaintiff's counsel shall initiate the call. Ordered by Magistrate Judge David L. Piester. (JAB)
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Filing
50
MEMORANDUM AND ORDER regarding: MOTION to Compel Arbitration 33 filed by Ratliff. IT THEREFORE HEREBY IS ORDERED: (1) On or before September 19, 2008, defendant and counter claimant, Ratliff, Inc., shall file a supplemental brief addressing the iss ue identified in the body of this memorandum and order. (2) The plaintiff is given until September 29, 2008 to file a responsive brief. (3) No reply brief shall be filed absent leave of the court for good cause shown. Ordered by Magistrate Judge David L. Piester. (LKL)
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