Uche v. North Star Capital Acquisition et al
| Nkuma Uche |
| North Star Capital Acquisition, Kirk E. Brumbaugh, Mark Quandahl, Karl Von Oldenberg, Sara Miller and Cory Rooney |
| 4:2009cv03106 |
| May 20, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Adams |
| Pro Se Docket |
| Laurie Smith Camp |
| None |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
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Filing
216
MEMORANDUM AND ORDER - 1. Defendants' Motions for Summary Judgment (Filing No. 153 in Case No. 4:09cv3106 and Filing No. 84 in Case No. 4:09cv3123) are granted; 2. Plaintiff's Motions for Summary Judgment (Filing No. 162 in Case No. 4:09 cv3106 and Filing No. 90 in Case No. 4:09cv3123) are denied; 3. Defendants' Objections to Plaintiff's Motions for Summary Judgment (Filing No. 170 in Case No. 4:09cv3106 and Filing No. 98 in Case No. 4:09cv3123) are denied as moot; and 4. A separate Judgment will be entered. Ordered by Judge Laurie Smith Camp. (JAB) Modified on 3/17/2011 to remove links. (JAB)
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Filing
206
MEMORANDUM AND ORDER- Defendants Motion for Summary Judgment (Filing No. [153) is granted in part. Except for Plaintiffs claim that Defendants attempted to collect a timebarred debt in violation of the FDCPA, all claims are dismissed with prejudice; Plaintiffs Motion for Summary Judgment (Filing No. 162 ) is denied in part and Defendants Objection to Plaintiffs Motion for Summary Judgment(Filing No. 170 ) is granted in part; No later than January 18, 2011, Defendants shall submit a supplementa l brief to the court addressing Uches claim that Defendants attempted to collect a time-barred debt in violation of the FDCPA. Also no later than January 18, 2011, Defendants shall submit a supplemental index of evidence to the court containing all e vidence pertinent to the statute of limitations issue. No later than February 17, 2011, Plaintiff shall submit a response to Defendants supplemental brief and index of evidence. No later than March 3, 2011, Defendants shall file a reply to Plaintiffs response. The parties are not given leave to submit any filings other guarantee any third parties or the services or products they provide on their Web sites.than those expressly requested by the court and the court will not consider additional fili ngs beyond those requested; The court will not consider evidence already filed with the court because that evidence is ambiguous. To the extent that the parties believe some already filed evidence is pertinent to the statute of limitations issue, tha t party shall re-submit the evidence in the supplemental index of evidence; Plaintiffs Motion to Withdraw Document (Filing No. 202) is granted. All other pending Motions and Objections are denied. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
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Filing
199
MEMORANDUM AND ORDER- Defendants Motion to Continue Final Pretrial Conference (Case No. 4:09CV3123, Filing No. 110; Case No. 4:09CV3106, Filing No. 183 ) and Motion to Extend (Case No. 4:09CV3123, Filing No. 123; Case No. 4:09CV3106, Filing No. [196 ]) are granted; Plaintiffs Motion for Contempt and Objection and Defendants Objection (Case No. 4:09CV3123, Filing Nos. 107, 108, and 120; Case No. 4:09CV3106, Filing Nos. 180 , 181 , and 193 ) are denied; The Final Pretrial Conference, scheduled for September 30, 2010, at 10:00 a.m., is cancelled. All related dates for preparation of the proposed order on Final Pretrial Conference are also cancelled. If necessary, the court will set a new date for the Final Pretrial Conference after resolving the pending Motions for Summary Judgment; and The Clerk of the court is directed to send a copy of this Memorandum and Order to Magistrate Judge Zwart.Ordered by Judge Laurie Smith Camp. (Copies mailed as directed and to pro se party) (MKR)
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Filing
167
MEMORANDUM AND ORDER- Plaintiffs Motions for Leave to Increas e Interrogatories (Case No. 4:09CV3123, Filing No. 79; Case No. 4:09CV3106, Filing No. 148 ) are granted in part. Plaintiff is given leave to serve 10 additional interrogatories on each D efendant; and All other pending Motions and Objections relating to discovery (Case No. 4:09CV3123, Filing No. 83; Case No. 4:09CV3106, Filing Nos. 152 , 158 , 159 , and 161 ) are denied. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
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Filing
145
MEMORANDUM AND ORDER granting Defendants Motion to Quash Notice of Deposition and for Protective Order to Enforce Agreement (Case No. 4:09CV3123, Filing No. 69; Case No. 4:09CV3106, Filing No. 138 ) is granted; The deposition of a representative fro m Defendant North Star Capital Acquisitions shall take place by telephone on June 9, 2010, at 9:30 a.m. In accordance with the parties previous agreement, counsel for Defendant shall arrange the conference call. Plaintiff shall provide counsel for Defendant with his telephone number and the telephone number of his chosen court reporter; and All other pending Motions and Objections are denied. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
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Filing
135
MEMORANDUM AND ORDER- Plaintiffs Motions to Compel (Case No. 4:09CV3106, Filing Nos. 127 , 128 , and 129 ; Case No. 4:09CV3123, Filing Nos. 60, 61, and 62) are granted in part and denied in part, as set forth in this Memorandum and Order. Defendan ts Objection to the Motions to Compel (Case No. 4:09CV3106, Filing No. 130 ; Case No. 4:09CV3123, Filing No. 63) are granted in part and denied in part, also as set forth in this Memorandum and Order; Defendants shall have until June 21, 2010, in wh ich to respond to allrequests for admission to which they previously objected on the basis that Plaintiff exceeded the number of requests permitted. Defendants are not required to respond to any additional interrogatories at this time; and Plaintiffs Motions to Make Corrections and Objection (Case No.4:09CV3106, Filing No. 134 ; Case No. 4:09CV3123, Filing No. 65) are denied. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
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Filing
126
MEMORANDUM AND ORDER - Defendants Motions for Order Extending Deadlines and to Quash Notice of Deposition (Case No. 4:09CV3123, Filing No. 58; Case No. 4:09CV3106,Filing No. 125 ) are granted; All depositions of Defendants, whether or not they are i ntended to be used at trial, shall be completed by June 14, 2010. All dispositive motions shall be filed on or before July 12, 2010. The parties must comply with the provisions of NECivR 7.0.1 and NECivR 56.1 when filing summary judgment motions; The remaining dates contained in the progression order are unchanged; and Plaintiffs Motions for Leave to File Amended Complaint (Case No.4:09CV3123, Filing Nos. 37, 40, and 44; Case No. 4:09CV3106, Filing Nos. 102 , 105 , and 109 ) are denied.Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
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Filing
93
MEMORANDUM AND ORDER - All pending motion in both of the above-captioned matters are denied. A separate progression order will be entered. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(TCL )
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Filing
78
ORDER. It is ordered that: (1)The following matter previously scheduled before the undersigned is herewith referred to Judge Zwart, to wit,(A)Nature of hearing:Pretrial conference.(B)Date and time of hearing: Tuesday, June 22, 2010, at 10:00 a.m.(C)P lace of hearing: Judge Zwart's chambers, Room 566, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(2)Judge Zwart will issue a report and recommendation or order as is appropriate. Ordered by Judge Richard G. Kopf. (KLL, ) (Mailed copy of order to pro se party.) Modified on 1/21/2010 (KLL, ).
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Filing
33
MEMORANDUM AND ORDER - Defendants' Motions to Dismiss (Filing Nos. 12 and 14 ) are denied. Defendants Brumbaugh, Quandahl, Von Oldenburg, Miller, and Rooney shall have until October 9, 2009, in which to file an answer to Plaintiff's Com plaint. Plaintiff shall have until October 30, 2009 to serve process on Defendant Northstar Capital Acquisition, LLC, properly. The Clerk of the court shall send one (1) summons form to Plaintiff together with a copy of this Memorandum and Order. All other pending motions are denied without prejudice to reassertion in accordance with a progression order after Defendants are properly served and answers are filed. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(TCL )
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