Thomas v. Vista A&S 2006-1 LLC et al
| J Christopher Thomas |
| Vista A&S 2006-1 LLC, Vista Oil & Gas, Inc., David M Nicklas and Clark R Nicklas |
| 4:2009cv03143 |
| July 10, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Adams |
| Richard G. Kopf |
| David L. Piester |
| Plaintiff |
| 00 U.S.C. ยง 0000 Cause Code Unknown |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
141
MEMORANDUM AND ORDER - Pursuant to the Stipulation for Dismissal With Prejudice 140 , all of plaintiff J. Christopher Thomas' claims in this action are dismissed with prejudice, with each party to bear its or their own costs. This order does n ot affect the third-party claims filed by defendants Vista A&S 2006-1 LLC, Vista Oil & Gas, Inc., David M. Nicklas, and Clark R. Nicklas against John M. Capito, Jr., or Mr. Capitos counterclaims against such defendants, and such claims and countercla ims shall remain pending. The motion for summary judgment filed by plaintiff J. Christopher Thomas 132 is denied as moot. Judgment shall be withheld pending final determination of all remaining claims in this case. Ordered by Judge Richard G. Kopf. (JAE)
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Filing
136
MEMORANDUM AND ORDER setting deadlines for further submissions on motion to stay 135 . Pending a ruling on the motion to stay, 135 , all deadlines for this case, including but not limited to the deadline for responding to the plaintiff's pending motion for summary judgment 132 , are stayed. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
114
MEMORANDUM AND ORDER - John M. Capito, Jr.'s unopposed motion to amend his counterclaim against Third-Party Plaintiffs, Vista A&S 2006-1 LLC, Vista Oil & Gas, Inc., David M. Nicklas and Clark R. Nicklas, as counterclaim defendants, and to join V ista Resources, Inc. as an additional counterclaim defendant, (4:09-cv-03143, filing no. 113 ; 4:10-cv-03184, filing no. 66 ), is granted. On or before December 28, 2010, John M. Capito, Jr. shall file his Amended Counterclaim and Complaint, a cop y of which is attached to his motion, and shall serve it on the Third Party Plaintiffs and Vista Resources, Inc. The Clerk shall file this order in both the above-captioned cases. Member Cases: 4:09-cv-03143-RGK -CRZ, 4:10-cv-03184-RGK -CRZ. Ordered by Magistrate Judge Cheryl R. Zwart. (KBJ) Modified on 12/22/2010 to create hyperlinks(KBJ).
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Filing
103
ORDER granting (100) Stipulation in case 4:09-cv-03143-RGK -CRZ; granting (45) Stipulation in case 4:10-cv-03184-RGK -CRZ. A telephonic status conference will be held on August 4, 2011 at 10:00. Counsel for the Vista defendants will initiate the cal l. Trial of this case is set to commence on January 9, 2012. The Court has reserved four weeks for trial. This case is subject to the prior trial of criminal cases, but is set as the first civil case. Member Cases: 4:09-cv-03143-RGK -CRZ, 4:10-cv-03184-RGK -CRZOrdered by Magistrate Judge Cheryl R. Zwart. (ADB, )
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Filing
93
ORDER granting 92 Motion to Continue. The deadline for the amended Rule 26(f) Report is extended to two weeks after the Court's ruling on the anticipated Motion to Consolidate.Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
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Filing
89
ORDER granting 88 Motion to Continue. The pretrial conference previously scheduled for August 26, 2010, and the trial scheduled to commence before the Honorable Richard G. Kopf on September 20, 2010 (see filing nos. 26 and 52 ), are continued. The parties shall jointly file an abbreviated Rule 26 Meeting Report, a copy of which is attached, on or before 9/22/2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
82
ORDER granting 32 Motion to Strike plaintiff's demand for a jury trial. A ten-day nonjury trial of this case is set to commence before Judge Richard G. Kopf on September 20, 2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
77
MEMORANDUM AND ORDER - Defendants' motion to dismiss and for a more definite statement (filing 30 ) is denied. Defendants' motion to strike Plaintiff's jury demand (filing 32 ) is referred to Magistrate Judge Zwart for disposition. Defendants' motion to strike exhibits (filing 46 ) is denied as moot. Ordered by Judge Richard G. Kopf. (GJG)
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Filing
71
MEMORANDUM AND ORDER that 54 Motion to Amend to file a second amended complaint is granted, and no further amendments to the complaint shall be permitted. Plaintiffs second amended complaint, attached as an exhibit to Filing 54 and docketed as F iling [54-1], shall be accepted instanter, need not be refiled, and shall be considered the operative complaint. Plaintiff's 67 Motion for Hearing is denied. The pending 30 Motion to Dismiss, 32 Motion to Strike, and 46 Motion to Strike shall be deemed applicable to the second amended complaint (filing 54-1) and shall be held in abeyance until counsel have an opportunity to file additional briefs or evidence. Defendants may, but are not required to, file additional briefs or evidenc e on or before May 6, 2010; Plaintiff may, but is not required to, file briefs or evidence in response to any materials submitted by Defendants on or before May 20, 2010; Defendants may, but are not required to, file materials in reply to Plaintiffs submission, if any, on or before May 28, 2010. To the extent Defendants counsel requests reimbursement for expenses caused by Plaintiffs defective pleadings, such request is denied. Ordered by Judge Richard G. Kopf. (ADB, )
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Filing
52
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: Thursday, August 26, 2010, at 10:00 a.m.( C)Place 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, )
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Filing
39
MEMORANDUM AND ORDER - Pursuant to the parties' joint stipulation, (filing no. 37 , Plaintiffs' response to the defendants' Motion to Dismiss and for a More Definite Statement, (filing no. 30 ), and defendants' Motion to Strike Plaintiffs' Jury Demand, (filing no. 32 ), shall be filed on or before December 7, 2009. Defendants' Motion to Stay Discovery and for Modification of the Final Progression Order, (filing no. 35 ), is granted. Discovery and any deadlines set forth in the Final Progression Order for this case, (filing no. 26 ), are stayed pending a ruling on defendants' Motion to Dismiss and for a More Definite Statement, (filing no. 30 ). Ordered by Judge Richard G. Kopf. (JAB)
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Filing
18
ORDER granting Joint Stipulation 12 . The defendants' response to plaintiff's complaint shall be filed on or before October 2, 2009. The defendants have accepted service and shall not move to dismiss or otherwise object on the grounds of inadequacy or insufficiency of service. Any response by the plaintiff to defendants' responsive pleadings shall be filed on or before thirty days after service of defendants' responsive pleadings. Ordered by Judge Richard G. Kopf. (JAB)
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