Perez et al v. Viens et al
| Jessie L. Perez and Jacqualyn Perez |
| David P. Viens, II and Covenant Transportation, Inc. |
| 4:2009cv03206 |
| October 5, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| York |
| Richard G. Kopf |
| Richard G. Kopf (REFERRAL JUDGE) |
| Plaintiff |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
148
JUDGMENT OF DISMISSAL with prejudice regarding Stipulation for Dismissal 147 . The Stipulation for Dismissal with Prejudice is granted. This matter should be and hereby is dismissed with prejudice. Each party is to pay their own costs and attorney fees. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
140
MEMORANDUM AND ORDER regarding pending motions. The parties' motions in limine, (filing nos. 103 , 113 , 115 , & 127 ) are granted and denied as discussed above in this memorandum and order. Defendants' motions to file briefs and indexes of evidence with restricted access (filing no. 114 & 122 ) are granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
120
ORDER granting 119 Motion to Extend.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
101
PRETRIAL ORDER - estimated length of trial is 5 days; Jury Trial set for 5/9/2011 at 09:00 AM in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
95
MEMORANDUM AND ORDER - Upon the plaintiffs request, the Motion to Endorse Jake DeNell as an expert witness, (filing no. 84 ), is withdrawn. The parties shall confer in good faith to resolve their ongoing disagreement regarding the nature and scope of the testimony that Mr. DeNell and defendants Rule 35 expert will be permitted to offer at trial. On or before April 4, 2011, any unresolved issues shall be presented to the court for resolution. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing
81
MEMORANDUM AND ORDER- Defendants motion for leave to amend its answer (filing no. 68 ) is granted. The amended answer shall be filed on or before March 11, 2011. Defendants motion to extend the discovery and deposition deadline until March 31, 2011, (filing no. 63 ) is granted. Defendants motion for a Rule 35 examination, (filing no. 60 ) is granted provided the examination and any deposition scheduled after the examination can be completed by the close of discovery. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing
64
MEMORANDUM AND ORDER - The motion to withdraw 59 is granted. Stephen S. Gealy and the firm of Baylor, Evnen, Curtiss, Grimit and Witt, LLP are hereby withdrawn as counsel for defendants David P. Viens, II, and Covenant Transportation, Inc. The pl aintiff's motion to compel 56 is granted in part. The plaintiff's response to defendants' motion for a Rule 35 medical examination 60 shall be filed on or before February 14, 2011, with defendants' reply due on or before Febr uary 21, 2011. The parties shall confer regarding the defendants' need "to initiate and complete any remaining discovery necessary to properly represent the interestsof the Defendants at trial." 63 Unless the court is notified on or before February 21, 2011 that a dispute remains regarding defendants' motion to extend the discovery deadline 63 the motion will be granted. ( Case Management Deadline set for 2/21/2011 - Court to be notified regarding motion to extend discovery deadling.) Ordered by Magistrate Judge Cheryl R. Zwart. (JAE)
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Filing
55
CONSENT to Jurisdiction by US Magistrate Judge - upon consent of parties, this case is transferred to Magistrate Judge Cheryl R. Zwart for final disposition. Ordered by Judge Richard G. Kopf. (TEL)
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Filing
54
ORDER granting 53 Motion to Continue Jury Trial set for 5/9/2011 at 09:00 AM in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Pretrial Conference set for 4/20/2011 at 10:00 AM by telephone before Magistrate Judge Cheryl R. Zwart. Status Conference set for 3/1/2011 at 10:00 AM in Chambers before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS, )
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Filing
52
AMENDED MEMORANDUM AND ORDER - The Pretrial Conference is continued to January 13, 2011 at 11:00 a.m. The Pretrial Conference will be conducted by WebEx conferencing. To facilitate this conferencing method, the parties' proposed Pretrial Confer ence Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on January 12, 2010. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
39
ORDER granting 36 Motion to Continue. Jury Trial set for 1/24/2011 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Pretrial Conference set for 1/6/2011 at 10:00 AM in Chambers before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) (Main Document 39 replaced on 7/20/2010) (CRZ, ).
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Filing
34
AMENDED FINAL PROGRESSION ORDER- The Join Motion for Extension of Progression Schedule 32 is granted. The Final Prgression Order is amended as follows: a. The deadlines for disclosure of experts and, unless otherwise agreed, the deadlines for the provision of expert report is: By the plaintiffs: June 15, 2010,By the defendants: July 15, 2010, Plaintiffs rebuttal expert(s): July 30, 2010, b. The discovery and deposition deadline is September 15, 2010. Motions to compel discovery must be filed at least 15 days prior to the discovery and deposition deadline. c. The deadline for filing motions to dismiss, motions for summary judgment, or motions to exclude expert testimony on Daubert and related grounds is August 17, 2010. d. All other deadlines in the filing no. 23 progression order remain unchanged. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR, )
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