Bredthauer
| Susan E. Bredthauer |
| Samuel P. Baird, Delaware Charter Guarantee & Trust Company, Jane Does 1-10, John Does 1-10, Gale R. Furnas, Charles W. Hoskins, James A. Laphen, Roger Ludemann, Gilbert G. Lundstrom, Paula Luther, James E. McClurg, Campbell R. McConnell, Larry Pfeil, Joyce Person Pocras, Ann Lindley Spence, James W. Strand, Eugene B. Witkowicz and Patricia Young |
| 4:2010cv03132 |
| July 7, 2010 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1109 Breach of Fiduciary Duties |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
230
ORDER APROVING DISTRIBUTION OF REMAINING ESOP FUNDS TO UNITED WAY OF THE MIDLANDS - IT IS THEREFORE ORDERED that the remaining $272.50 of cash in the TierOne Corporation Employee Stock Option Plan shall be distributed to the United Way of the Midlands, a charitable organization. Member Cases: 4:10-cv-03132-JFB-TDT, 4:10-cv-03139-JFB-TDT, 8:10-cv-00326-JFB-TDT Ordered by Judge Joseph F. Bataillon. (TCL )
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Filing
228
ORDER - The Trustee and his general counsel, Rembolt Ludtke LLP, are entitled to compensation from the assets of the portion of the Net Settlement Fund paid to the TierOne Corporation Employee Stock Option Plan (the "ESOP") in the amount o f $10,255 for time spent or anticipated to be spent in the future. The Trustees special counsel, Matthew Borror, is entitled to compensation from the assets of the portion of the Net Settlement Fund paid to the ESOP in the amount of $18,9 87.50 for time spent or anticipated to be spent in the future. PenChecks is entitled to compensation in an amount as yet to be determined from the assets of the ESOP for PenChecks for future missing participant/default IRA and related services in accordance with the agreement attached to the stipulation as Exhibit B (Filing No. 225), which the Trustee is authorized to execute and deliver. Member Cases: 4:10-cv-03132-JFB-TDT, 4:10-cv-03139-JFB-TDT, 8:10-cv-00326-JFB-TDTOrdered by Judge Joseph F. Bataillon. (AOA)
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Filing
221
STIPULATION AND ORDER - Ordered by Judge Joseph F. Bataillon. Member Cases: 4:10-cv-03132-JFB-TDT, 4:10-cv-03139-JFB-TDT, 8:10-cv-00326-JFB-TDT(AOA)
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Filing
193
ORDER - On or before August 24, 2012, the parties shall electronically file a Motion for Preliminary Approval of Settlement and supporting documents or a joint stipulation for dismissal and shall submit to the Honorable Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order on such motion. If the case is being dismissed, the stipulation shall comply with Fed. R. Civ. P. 41(a) and shall state whether the dismissal is with or without prejudice. Member Cases: 4:10-cv-03132-JFB-TDT, 4:10-cv-03139-JFB-TDT, 8:10-cv-00326-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
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Filing
187
ORDER - The plaintiffs' Motion to Compel Defendants to Produce a Copy of their SEC Testimony (Filing No. 181 ) is denied as moot as to defendants Samuel P. Baird, Charles W. Hoskins, James McClurg, Campbell R. McConnell, Ann Lindley Spence , and James Strand. The plaintiffs' Motion to Compel Defendants to Produce a Copy of their SEC Testimony with regard to the Objecting Defendants will be ruled upon following plaintiffs' reply time. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
177
ORDER - Lead plaintiffs' motion to dismiss (Filing No. 174 in 4:10-cv-03132; Filing No. 161 in 4:10-cv-03139; and Filing No. 132 in 8:10-cv-00326) is granted. The plaintiffs' claims against defendant Joyce Person Pocras in each of these cases are dismissed, without prejudice, each party to bear its own costs. Member Cases: 4:10-cv-03132-JFB-TDT, 4:10-cv-03139-JFB-TDT, 8:10-cv-00326-JFB-TDT Ordered by Judge Joseph F. Bataillon. (TEL)
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Filing
176
ORDER denying (167) Motion for Leave; sustaining (171) Objection in case 4:10-cv-03132-JFB-TDT; denying (154) Motion for Leave; sustaining (158) Objection in case 4:10-cv-03139-JFB-TDT; denying (125) Motion for Leave; sustaining (129) Objection in case 8:10-cv-00326-JFB-TDT. The parties shall have ten (10) days from the date the court rules on the pending motions to dismiss, in which to schedule a telephone planning conference with the court. Counsel for the plaintiffs shall contact the chambers of the undersigned magistrate judge within such time period to schedule the telephone planning conference. Member Cases: 4:10-cv-03132-JFB-TDT, 4:10-cv-03139-JFB-TDT, 8:10-cv-00326-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (ADB)
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Filing
173
ORDER regarding (172) Suggestion of Death in case 4:10-cv-03132-JFB-TDT; (159) Suggestion of Death in case 4:10-cv-03139-JFB-TDT; (130) Suggestion of Death in case 8:10-cv-00326-JFB-TDT - On or before September 4, 2012, the plaintiffs shall fil e a motion for substitution of parties, if appropriate, in accordance with the provisions of Rule 25, or file a motion to voluntarily dismiss Joyce Person Pocras as a defendant in this action, in accordance with Rule 41(a). If the plaintiffs fail to comply with this order the defendant Joyce Person Pocras may be dismissed as a party, without further notice, pursuant to Rule 41 (b). Member Cases: 4:10-cv-03132-JFB-TDT, 4:10-cv-03139-JFB-TDT, 8:10-cv-00326-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
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Filing
139
PROTECTIVE ORDER. Member Cases: 4:10cv3132, 4:10cv3139, 8:10cv326. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
98
ORDER - On or before April 14, 2011, the plaintiffs shall file a motion for substitution of parties, if appropriate, in accordance with the provisions of Rule 25, or file a motion to voluntarily dismiss Gale Furnas as a defendant in this action, in a ccordance with Rule 41(a). If the plaintiffs fail to comply with this order the defendant Gale Furnas may be dismissed as a party, without further notice, pursuant to Rule 41(b). Member Cases: 4:10-cv-03132-JFB -TDT, 4:10-cv-03139-JFB -TDT, 8:10-cv-00326-JFB -TDTOrdered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
56
ORDER regarding Order on Notice of Related Case, (55 in 4:10-cv-03132-JFB -TDT, 42 in 4:10-cv-03139-JFB -TDT), Order to Show Cause, (7 in 8:10-cv-00326-JFB -TDT). The provisions of the court's September 2, 2010, order remain in effect and, in a ddition to those provisions, the following shall apply. 1. Susan Barker v. Samuel P. Baird, et al., 8:10CV326, is hereby consolidated for all purposes with Susan E. Bredthauer v. Gilbert G. Lundstrom, et al., 4:10CV3132, and Ronald A. Laird v. Gilber t G. Lundstrom, et al., 4:10CV3139. 2. Counsel shall conduct discovery as if these consolidated cases are part of a single case. All future filings shall contain the consolidated case caption, which appears on this order, and shall be served on coun sel in the three cases as described below. 3. Case No. 4:10CV3132 was previously designated as the "Lead Case." Case No. 8:10CV326 is hereby designated as the "Member Case" with Case No. 4:10CV3139, etc. Member Cases: 4:10-cv-03132-JFB-TDT, 4:10-cv-03139-JFB-TDT, 8:10-cv-00326-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
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Filing
55
ORDER granting (54) Notice of Related Case in case 4:10cv3132 and (41) in case 4:10cv3139. The non-movants shall have until September 27, 2010, to show cause why Susan Barker v. Samuel P. Baird, et al., 8:10CV326 should not be consolidated with these previously consolidated cases. Member Cases: 4:10cv3132, 4:10cv3139. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
53
ORDER granting (39) Motion to Consolidate Cases in case 4:10-cv-03132-JFB -TDT; granting (37) Motion to Consolidate Cases in case 4:10-cv-03139-JFB -TDT. Susan E. Bredthauer v. Gilbert G. Lundstrom, et al., 4:10CV3132, and Ronald A. Laird v. Gilbert G. Lundstrom, et al., 4:10CV3139 are hereby consolidated for all purposes. Case No. 4:10CV3132 is hereby designated as the "Lead Case." Case No. 4:10CV3139 is hereby designated as the "Member Case." The plaintiffs shall file a C onsolidated Complaint with the Court on or before October 1, 2010. The Consolidated Complaint shall be filed using the spread text featureas described above. The Consolidated Complaint shall be the operative complaint and shall supersede all complai nts filed in any of the actions consolidated herein. Pending filing and service of the Consolidated Complaint, the defendants have no obligation to move, answer, or otherwise respond to any of the complaints in the above-captioned actions herein or a ny actions subsequently consolidated with them. The defendants shall have to on or before November 15, 2010, to file a Consolidated Answer, by using the spread text feature, or otherwise respond to the Consolidated Complaint. The plaintiffs shall hav e to on or before December 15, 2010, to respond to any motion to dismiss the Consolidated Complaint. The defendants reply may be filed on or before January 5, 2011. Member Cases: 4:10-cv-03132-JFB -TDT, 4:10-cv-03139-JFB -TDTOrdered by Magistrate Judge Thomas D. Thalken. (GJG)
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