Kozlov v. Associated Wholesale Grocers, Inc. et al
| Igor Kozlov |
| Associated Wholesale Grocers, Inc. and Pamela Scott |
| 4:2010cv03211 |
| October 28, 2010 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
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Filing
521
ORDER on the Court's own motion regarding video deposition designations. Ordered by Chief Judge Laurie Smith Camp.(RAS)
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Filing
481
ORDER - This matter is before the Court on Igor Kozlov's ("Kozlov") Motion to Amend Trial Exhibit List. (Case No. 4:10-CV-3211, filing 474; Case No. 4:10-CV-3212, filing 475; Case No. 8:10-CV-3191, filing 490.) Kozlov requests that the Trial Exhibit List be amended to include the following exhibits: 1. Exhibit 187 - Photographs from Peter Dill; and 2. Exhibit 188 - DDEC Instruction 2002 Manual. Defendant Associated Wholesale Grocers has advised the Court that it has no object ion to Kozlov's Motion to Amend, but that it does object to both exhibits on the basis of relevance, foundation, and hearsay. Having considered the matter, the Court hereby grants the Motion to Amend. The Trial Exhibit List will be modified accordingly, with the objections noted. IT IS SO ORDERED. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Filing
477
MEMORANDUM AND ORDER - The Joint Motion (Filing No. 448 in Case No. 4:10-cv-3211; Filing No. 464 in Case No. 8:10-cv-3191; Filing No. 449 in Case No. 4:10-cv- 3212) is granted. Pamela Scott, Personal Representative of the Estate of Michael E. Scott, is dismissed without prejudice from the above-captioned actions. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Filing
476
MEMORANDUM AND ORDER - The Objections to Magistrate's Order and Findings (Filing No. 437 in Case No. 4:10-cv-03211; Filing No. 454 in Case No. 8:10-cv-03191; Filing No. 439 in Case No. 4:10-cv-03212) are overruled. The Amendment to Objections to Magistrate's Order (Filing No. 468 in Case No. 4:10-cv-03211; Filing No. 484 in Case No. 8:10-cv-03191; Filing No. 469 in Case No. 4:10-cv-03212) is overruled. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Filing
449
MEMORANDUM AND ORDER - Plaintiff Andrei Tchikobava's Motion for Partial Summary Judgment (Filing No. 308 in Case No. 4:10cv3212) is denied. Plaintiff Igor Kozlov's Motion for Partial Summary Judgment (Filing No. 333 in Case No. 4:10cv321 1) is denied. Defendants' Motion for Partial Summary (Filing No. 338 in Case No. 4:10cv3211; Filing No. 342 in Case No. 4:10cv3212; Filing No. 358 in Case No. 8:10cv3191) is denied. Defendants' Motion to Strike the Affidavit of Dr. J ohn Larson (Filing No. 392 in Case. No. 4:10cv3211) is denied as moot. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Chief Judge Laurie Smith Camp. (GJG) Modified on 10/20/2014 to unseal as entry sealed during filing incorrectly and correct Judge who entered order(GJG).
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Filing
436
ORDER - The Motion to Intervene (Case No. 4:10-cv-3211, filing 419; Case No. 4:10-cv-3212, filing 422; Case No. 8:10-cv-3191, filing 437) is granted. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
417
ORDER RE: TRIAL PREPARATION (CIVIL JURY TRIAL) Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Chief Judge Laurie Smith Camp. (JB)
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Filing
413
ORDER - Tchikobava's motion to strike (Case No. 4:10-cv-3212, filing 388) is denied as moot. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
409
ORDER - Kozlov's Motion to File Amended Complaint (Case No. 4:10-cv-3211, filing 365) and Albatrosss Motion to Amend Counterclaim (Case No. 8:10-cv-3191, filing 400) are denied. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
382
ORDER - AWG's Motion for Protective Order (Case No. 4:10-cv-03211, filing 310; Case No. 4:10-cv-03212, filing 315; Case No. 8:10-cv-03191, filing 331) is denied. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
381
ORDER - Upon the parties' representations that the motion is unopposed, Associated Wholesale Grocers, Inc.'s Motion for Leave to Cross Designate Expert Witness Dr. Bruce Williams (Case No. 4:10-cv-03211, filing 314; Case No. 4:10-cv-032 12, filing 319; Case No. 8:10-cv03191, filing 335) is granted. As requested, AWG may cross-designate Dr. Bruce Williams as a non-retained expert witness. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
347
ORDER - IT IS ORDERED that by or before August 28, 2014, AWG shall file an affidavit with the Court identifying the documents produced, the dates the documents were produced, and to whom they were produced. By September 5, 2014, Tchikobava shall re spond to AWG's representations with respect to the document production. Alternatively, the parties may again confer in an effort to resolve this dispute without further Court involvement. If AWG does not file an affidavit by the date specified by the Court, its Motion for Protective Order will be deemed withdrawn. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
300
ORDER - IT IS ORDERED that AWG's motions for protective orders (Case No. 4:10- cv-03211, filing 269 & 271; Case No. 4:10-cv-03212, filing 272 & 274; Case No. 8:10-cv-03191, filing 288 & 290) are granted, in part, and denied, in part, as set forth above. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3 Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
286
ORDER - The Motion to Withdraw (Case No. 4:10-cv-03211, filing 285); Case No. 4:10-cv-03212, filing 288; Case No. 8:10-cv-03191, filing 304) is granted. The Clerk of Court shall terminate Amy Lochers appearance as counsel in the above-captioned actions and shall terminate future notices to her in this litigation. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
283
ORDER - The Motion for Protective Order filed by Associated Wholesale Grocers, Inc. and Pamela Scott (Case No. 4:10-cv-03211, filing 267); Case No. 4:10-cv-03212, filing 270; Case No. 8:10-cv-03191, filing 286) is granted, in part, as set forth above. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
261
ORDER - IT IS ORDERED: The Motion to Withdraw (Case No. 4:10-cv-03211, filing 257); Case No. 4:10- cv-03212, filing 260; Case No. 8:10-cv-03191, filing 276) is granted. The Clerk of Court shall terminate Peter Kenney's appearance as counsel in the above-captioned actions and shall terminate future notices to him in this litigation. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3 Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
242
MEMORANDUM AND ORDER - Parties' Statement of Objections (Case No. 4:10-cv-03211, Filing No. 235; Case No. 4:10-cv-03212, Filing No. 237; Case No. 8:10-cv-03191, Filing No. 254) is overruled. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Filing
233
ORDER denying (240) Motion to Compel in case 8:10-cv-03191-LSC-FG3; denying (221) Motion to Compel in case 4:10-cv-03211-LSC-FG3; denying (222) Motion to Compel in case 4:10-cv-03212-LSC-FG3. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
207
ORDER - The motion of Tim Dollar, Timothy Becker and Eugene Hillman to withdraw as counsel of record for Pamela Scott (Case No. 4:10-cv-03211, filing 206; Case No. 4:10-cv-03212, filing 210; Case No. 8:10-cv-03191, filing 226) is granted. The Clerk of Court shall terminate the appearances of Tim Dollar, Timothy Becker and Eugene Hillman as counsel for Pamela Scott in this litigation and shall terminate future notices to them in these consolidated cases. The Clerk of Court shall modify the do cket sheet in Case No. 8:10-cv-03191 to reflect that John G. Schultz and the Franke, Schultz Law Firm represents Scott in that action. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
201
ORDER - Defendant Pamela Scott's (Ms. Scott) Motion to Quash or Modify Subpoenas (Case No. 4:10CV3211, filing 195; Case No. 4:10CV3212, filing 199; Case No. 8:10CV3191, filing 214) is granted. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
198
ORDER OF DISMISSAL approving (216) Stipulation for Dismissal in case 8:10-cv-03191-LSC-FG3. The Plaintiff's Complaint (Filing No. 1 , Case No. 8:10CV3191) is dismissed with prejudice; 3. The Defendants' counterclaim in Case No. 8:10CV 3191 remains pending for independent adjudication; 4. Each party is to pay its own costs and attorney fees, complete record waived. The Clerk of the Court shall terminate the following filings: a. In Case No. 4:10CV3211, Filing No. 197 ; and b. In Case No. 4:10CV3212, Filing No. 201 . Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Chief Judge Laurie Smith Camp. (JAB)
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Filing
184
ORDER - Associated Wholesale Grocers, Inc.s Motion to Quash and Motion for Protective Order (Case No. 4:10-cv-03211, filing 154); Case No. 4:10-cv-03212, filing 159; Case No. 8:10-cv-03191, filing 170) is granted, in part, and denied, in part, as set forth above. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
183
ORDER granting (182) Motion to Compel in case 8:10-cv-03191-LSC-FG3; granting (167) Motion to Compel in case 4:10-cv-03211-LSC-FG3; granting (170) Motion to Compel in case 4:10-cv-03212-LSC-FG3. By or before May 3, 2013, Mrs. Scott shall answer Kozlov's discovery requests, which are identified as Exhibit 5 of Filing No. 169 (Case No. 4:10-cv-03211). Mrs. Scott shall also make herself available in Omaha, Nebraska to provide deposition testimony regarding the 1997 accident involving M r. Scott, including, but not limited to, the injuries Mr. Scott sustained in the accident. The deposition shall be conducted promptly, at a time mutually convenient for the parties. Kozlov's request for costs and attorney fees is denied. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC- FG3 Ordered by Magistrate Judge F.A. Gossett. (ADB)
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Filing
182
ORDER - Defendants' Motion for Protective Order (Case No. 4:10-cv- 03211, filing 178; Case No. 4:10-cv-03212, filing 181; Case No. 8:10-cv-03191, filing 193) is granted, in part, as set forth above. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
165
ORDER - IT IS ORDERED: Defendant Associated Wholesale Grocers, Inc.'s Motion for Withdrawal of Attorney (Case No. 4:10-cv-03211, filing 161 ; Case No. 4:10-cv-03212, filing 166 ; Case No. 8:10-cv-03191, filing 177 ) is granted. The Clerk o f Court shall terminate the appearance of Justin High as counsel for Defendant Associated Wholesale Grocers, Inc. and shall terminate future notices to him in this matter. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
121
ORDER - Pamela Scott's Second Motion Asking the Court to Lift the Stay in Her Civil Case (Case No. 8:10CV3191, filing 106) is denied. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
101
ORDER - The court has reviewed the stipulation and finds that it should be adopted, but only in part. Plaintiff Andrei Tchikobava shall file his amended complaint by or before May 16, 2012. The Motions for More Definite Statement (Case No. 4:10CV3 211, filing 94; Case No. 4:10CV3212, filing 96; Case No. 8:10CV3191, filing 89) are denied as moot. However, in drafting his amended complaint, Andrei Tchikobava shall keep in mind the deficiencies alleged in those motions. Defendants and America n Zurich Insurance Company shall file answers, or other responsive pleadings, to the amended complaint no later than May 30, 2012. The parties shall confer and jointly submit proposed deadlines for progressing this litigation by or before June 6, 2012. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
73
MEMORANDUM AND ORDER - Defendants Igor Kozlov, Albatross Express, LLC and UNICK, LLCs Motion to Stay and Motion to Compel (Case No. 4:10CV3211, filing 67; Case No. 4:10CV3212, filing 68; Case No. 8:10CV3191, filing 60) is granted in part, and denied, in part. This matter is stayed until further court order. Defendants' request that the Nebraska State Patrol and Seward County Attorney's Office be compelled to produce information concerning the investigation of the accident at issue is d enied without prejudice to reassertion following the expiration of the stay. The motions to quash filed by the Seward County Attorneys Office and Nebraska State Patrol (Case No. 4:10-cv-03211, filings 35 & 37; Case No. 4:10-cv-03212, filings 31 & 33; Case No. 8:10-cv-03191, filings 29 & 31) are denied without prejudice to reassertion following the expiration of the stay. The Second Stipulated Motion to Amend Scheduling Order (Case No. 4:10CV3211, filing 69; Case No. 4:10CV3212, filing 71; Case No. 8:10CV3191, filing 62) is denied without prejudice to reassertion following the expiration of the stay. Defendant Albatross Express, LLCs Motion for a More Definite Statement (Case No. 4:10CV3212, filing 65) is denied without prejudice to reas sertion following the expiration of the stay. The parties shall jointly provide the court with a report detailing the status of the criminal proceeding every sixty (60) days until further order of the court. Member Cases: 4:10-cv-03211-LSC -FG3, 4:10-cv-03212-LSC -FG3, 8:10-cv-03191-LSC -FG3Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
65
ORDER - IT IS ORDERED: Herbert J. Friedman and Eric J. Gottfried's Motion to Withdraw as counsel for Plaintiff Andrei Tchikobava in Case No. 4:10CV3212 (Case No. 4:10CV3211, filing 63 ; Case No. 4:10CV3212, filing 64 ; Case No. 8:10CV3191, fil ing 57 ) is granted. The Clerk shall terminate the appearance of Herbert J. Friedman and Eric J. Gottfried as Plaintiff Andrei Tchikobava's counsel in Case No. 4:10CV3212. Mr. Friedman and Mr. Gottfried continue to represent Igor Kozlov in Case No. 4:10CV3211 and Case No. 8:10CV3191. Member Cases: 4:10-cv-03211-LSC -FG3, 4:10-cv-03212-LSC -FG3, 8:10-cv-03191-LSC -FG3Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
61
ORDER in case 8:10-cv-03191-LSC -FG3; granting (58) Motion for Leave in case 4:10-cv-03212-LSC -FG3. Plaintiff Andrei Tchikobava may file an amended complaint on or before July 5, 2011. Member Cases: 4:10-cv-03211-LSC -FG3, 4:10-cv-03212-LSC -FG3, 8:10-cv-03191-LSC -FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
59
ORDER - Status Conference set for 10/17/2011 at 09:30 AM by telephone before Magistrate Judge F.A. Gossett. IT IS ORDERED: The Stipulated Motion to Amend Scheduling Order (56) is granted and the deadlines in the parties' planning report are ex tended as follows: Any motion to add parties or amend pleadings shall be filed by the plaintiffs no later than June 29, 2011. Any such motions by the defendants shall be filed no later than August 1, 2011. Initial discovery will be completed by Augu st 1, 2011. The deadline for identification of expert witnesses is September 29, 2011. Trial is tentatively set for the month of May 2012. A status hearing with the undersigned magistrate judge is set for October 17, 2011 at 9:30 A.M., to be held by telephone call to the court at (402) 661-7340, initiated by counsel for plaintiff Igor Kozlov. The parties should be ready to progress these cases to trial. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (TEL)
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Filing
30
ORDER TO CONSOLIDATE CASES granting Motions to Consolidate Cases. IT IS ORDERED: 1. Cases Nos. 4:10-cv-03211, 4:10-cv-03212 and 8:10-cv-03191 are hereby consolidated for discovery, trial, and all other purposes. The cases will be tried to a jury in O maha, Nebraska. 2. Case No. 8:10-cv-03211 is hereby designated as the "Lead Case." Cases Nos. 4:10-cv-03212 and 8:10-cv-03191 are hereby designated as the "Member Cases." The parties are instructed to file all further documents (e xcept those described in paragraph 4) in the Lead Case, No. 8:10-cv-03211, and to select the option "yes" in response to the System's question whether to spread the text. Member Cases: 4:10-cv-03211-LSC -FG3, 4:10-cv-03212-LSC -FG3, 8:10-cv-03191-LSC -FG3. Ordered by Magistrate Judge F.A. Gossett. (JAB)
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Filing
24
ORDER - Mandatory Disclosures described in Fed. R. Civ. P. 26(a)(1) shall be served by 1/15/2011, as agreed by the parties. The court will delay entering an initial progression order for 90 days to facilitate immediate negotiations or mediation. Coun sel are requested to file any motions for consolidation of Cases Nos. 8:10-cv-3191, 4:10-cv-3211 and 4:10-cv-3212 as soon as is practicable. No later than 4/12/2011, counsel shall file a joint status report concerning theprogress of their settlement negotiations. (Status Report deadline set for 4/12/2011.) Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
19
ORDER TO SHOW CAUSE - On or before January 10, 2011, attorney John G. Schultz shall register to practice in this district and register for the court's CM/ECF System or show cause by written affidavit why he cannot comply with the rules of the court. The Clerk shall mail a copy of this order to John G. Schultz at his last known address. Show Cause Deadline set for 1/10/2011. Ordered by Magistrate Judge F.A. Gossett. (Copies mailed as directed)(AOA)
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