LOL Finance Company v. Johnson et al
LOL Finance Company |
Robert P. Johnson and Keri J Maloley |
4:2009cv03224 |
November 3, 2009 |
US District Court for the District of Nebraska |
4 Lincoln Office |
Phelps |
Richard G. Kopf |
Cheryl R. Zwart |
Plaintiff |
28 U.S.C. ยง 1332 Diversity-Conversion |
Plaintiff |
Available Case Documents
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Filing 350 ORDER TO WITHDRAW EXHIBITS - Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for parties are ordered to withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order: Plaintiff's, Defendant's and Third Party Defendant's exhibit numbers 1-7, 10-49, 53-58, 60, 63-64, 70, 73-75, 78-87, 89-95, 97, 101-105, 109, 300, 303-305, 308-310, 312, 377, 390-391, 406-425 and 428 from Jury Trial held on March 28, 2011 through April 1, 2011. If counsel fail to withdraw these exhibits as ordered, counsel will be ordered to show cause why sanctions should not be imposed. Ordered by Senior Judge Richard G. Kopf. (AOA) |
Filing 334 ORDER that pursuant to the joint stipulation by and between Defendant First National Bank of Omaha ("FNBO") and Plaintiff LOL Finance Company ("LOL") 333 , that execution on the judgment entered by this Court on May 11, 2011 [305 ] by LOL be stayed as against Defendant FNBO during the pendency of FNBO's appeal of the above-captioned case to United States Court of Appeals for the Eighth Circuit. Execution on said judgment by LOL as against FNBO shall be stayed during such time without the need for a supersedeas bond by FNBO. Ordered by Judge Richard G. Kopf. (JSF) |
Filing 303 MEMORANDUM AND ORDER - The defendant First National Bank of Omaha's motion for leave to file a reply brief (filing 302 ) is granted instanter. The defendant First National Bank of Omaha's objection to the entry of judgment including prejudgment interest (filing 298 ) is sustained. Final judgment shall be entered by separate document. Ordered by Judge Richard G. Kopf. (TCL ) |
Filing 296 ORDER - Upon oral application of LOL and First National Bank made on April 22, 2011, and on that day orally granted, IT IS ORDERED that: Defendant First National Bank of Omaha shall have until Friday, April 29, 2011, to file any objection to the entry of judgment in this matter; and Plaintiff LOL Finance Company shall have until Friday, May 13, 2011, to file any response to Defendant's objection. Ordered by Judge Richard G. Kopf. (TEL) |
Filing 295 ORDER - Defendant First National Bank of Omahas (second) unopposed motion to extend deadline for objecting to entry of judgment (filing 294 ) is granted, and, accordingly, that: Defendant First National Bank of Omaha shall have until Friday, April 22, 2011, to file any objection to the entry of judgment in this matter; and Plaintiff LOL Finance Company shall have until Friday, May 6, 2011, to file any response to Defendant's objection. Ordered by Judge Richard G. Kopf. (MKR) |
Filing 293 ORDER granting 292 Defendant First National Bank of Omaha's Motion to Extend Deadline. Defendant First National Bank of Omaha shall have until Friday, April 15, 2011, to file any objection to the entry of judgment in this matter; and Plaintiff LOL Finance Company shall have until Friday, April 29, 2011, to file any response to Defendants objection. Ordered by Judge Richard G. Kopf. (MKR) |
Filing 277 MEMORANDUM AND ORDER granting 272 Motion to Withdraw as Attorney filed by Thomas O. Kelley as counsel of record on behalf of Defendant First National Bank of Omaha. Ordered by Magistrate Judge Cheryl R. Zwart. (JAE) |
Filing 262 ORDER that pursuant to the parties' joint stipulation 256 , all funds deposited into the approved escrow account at First National Bank of Columbus opened and maintained pursuant to the court's temporary restraining order dated November 5, 2009 18 , together with all accrued interest thereon, shall be immediately paid to Plaintiff, LOL Finance Company. Ordered by Judge Richard G. Kopf. (JSF) |
Filing 233 PRETRIAL ORDER - estimated length of trial is four days; Jury Trial set for 1/18/2011 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) |
Filing 227 MEMORANDUM AND ORDER regarding pending motions. LOLFC's motion for summary judgment (filing 153 ) is granted in part and denied in part, as stated. PJSCC, Johnson, and Maloley's motion for summary judgment (filing 165 ) is denied in all respects. FNBO's motion for summary judgment on claims asserted by LOLFC (filing 168 ) is granted in part and denied in part, as stated. FNBOs motion for summary judgment on claims asserted by Maverick and the Sawyers (filing 169 ) is denied without prejudice, as moot. FNBO's motion to dismiss Maverick and the Sawyers' cross-claim (filing 206 ), treated as a motion for summary judgment, is granted in part and denied in part, as stated. Ordered by Judge Richard G. Kopf. (JAB) |
Filing 224 MEMORANDUM AND ORDER - The pretrial conference is continued to December 29, 2010 at 1:00 p.m. A settlement conference will be held before the undersigned with counsel and representatives of the parties on December 15, 2010 beginning at 9:00 a.m. in chambers, 566 Federal Building and United States Courthouse, 100 Centennial Mall. Ordered by Magistrate Judge Cheryl R. Zwart. (KBJ) |
Filing 217 ORDER granting 216 Oral Motion Jury Trial set for 1/18/2011 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. A settlement conference before the undersigned magistrate judge is tentatively set to commence at 9:00 a.m. on December 15, 2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) |
Filing 203 MEMORANDUM AND ORDER - Third Party Defendant/Cross Claimant Maverick Feeders' motion for leave to amend, (filing no. 170 ), is granted. Maverick Feeders shall file its amended counterclaim and cross claim, a copy of which is attached to its mo tion (see filing no. 170 -1), on or before November 3, 2010. The stipulation filed between Maverick Feeders and First National Bank of Omaha, (filing no. 192 ), is granted, and Maverick Feeders' amended cross and counterclaims are not construed as alleging a fraud claim against FNBO. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) |
Filing 159 ORDER that the stipulation filed by First National Bank of Omaha and Maverick Feeders, Inc., (filing 158 ) is approved. Ordered by Judge Richard G. Kopf. (JAE) |
Filing 135 ORDER granting 124 and 125 Motions for Leave to withdraw; granting in part and denying in part 126 Motion to Extend the progression schedule as specifically set forth in the court's order; and setting a September 7, 2010 deadline for advising the court as to the current status and potential resolution of the parties' sanctions motions 95 110 112 131 without additional court intervention. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) |
Filing 121 ORDER denying 60 Motion to Amend. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) |
Filing 116 MEMORANDUM AND ORDER regarding MOTION to Compel 110 filed by LOL Finance Company, and OBJECTION to 112 filed by First National Bank of Omaha. Consistent with the terms and deadlines set forth in the court's previous order 103 , LOL and FNBO shall confer to resolve the issue of whether a supplemental deposition of Mr. Kalkowski is needed and whether and to what extent sanctions should be awarded.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) |
Filing 108 MEMORANDUM AND ORDER granting motions to compel 83 and 89 . FNBO has waived the attorney-client privilege with respect to the Sealed Emails (filing no. 104) and, shall produce the same forthwith, and no later than by 5:00 p.m. on August 11, 2010. The motions to compel, (filing nos. 83 and 89) are granted as set forth in this order and the courts previous order, (filing no. 103). The sanctions issues raised by the parties motions shall be presented to the court in accordance with filing no. 103, and accordingly, filing no. 95 will remaining pending at this time. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) |
Filing 103 MEMORANDUM AND ORDER regarding the ongoing discovery disputes with FNBO, ordering FNBO's docuemnt production, and outlining FNBO's discovery responsibilities and deadlines. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) |
Filing 82 ORDER granting 67 Motion to Compel. First National Bank of Omaha is given until August 2, 2010 to serve its mandatory disclosures pursuant to Fed. R. Civ. P. 26(a) and to provide a full and complete production of the documents requested in Maveric ks first request for production of documents. Maverick's request for attorney fees and expenses is granted, and the parties shall confer in good faith and either jointly file a stipulation regarding the award of attorney fees and expenses by August 2, 2010, or Maverick shall file its application for fees and expenses by August 6, 2010, with FNBO's response due within ten calendar days thereafter. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) |
Filing 79 MEMORANDUM AND ORDER- The plaintiffs motion to compel (filing no. 55 ) is granted. Defendant First National Bank of Omaha is given until July 24, 2010 to provide its mandatory disclosures pursuant to Fed. R. Civ. P. 26(a) and to provide a full and c omplete production of the documents requested in the plaintiffs first request for production of documents and/or a privilege log for any requested documents withheld. The pl aintiffs motion to extend the time for disclosure of expert report (filingn o. 73 ) is granted. The Final Progression Order (filing no. 51) is amended as set forth within the order. ( Pretrial Conference set for 12/15/2010 at 11:00 AM before Magistrate Judge Cheryl R. Zwart.) Ordered by Magistrate Judge Cheryl R. Zwart. (MKR) |
Filing 18 TEMPORARY RESTRAINING ORDER (Entered by Consent) - The motion for a temporary restraining order (filing 8 ) is granted as provided herein but otherwise denied. Ordered by Judge Richard G. Kopf. (GJG) |
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