Bennie et al v. Munn et al
| Robert R. Bennie, Jr. and Bob Bennie Wealth Management, Inc. |
| Rodney R. Griess, Jack E. Herstein, John Munn and Jackie L. Walter |
| 4:2011cv03089 |
| June 13, 2011 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| F.A. Gossett |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
231
ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED - Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of t he date of this order, or 2) show cause why the exhibits should not be destroyed. If counsel fail to withdraw these exhibits as directed or to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the listed exhibits without further notice to the parties or order from the court. Ordered by Judge John M. Gerrard. (KLF)
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Filing
204
JUDGMENT pursuant to the accompanying findings of fact and conclusions of law, judgment is entered for the defendants and against the plaintiff, and his complaint is dismissed with prejudice. Ordered by Judge John M. Gerrard. (CCB)
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Filing
202
ORDER that Attorney L. Steven Grasz has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Mr. Grasz is directed to pay the $20.00 fee or show cause why he is unable to do so. Show Cause Deadline set for 6/27/2014. Ordered by Chief Judge Laurie Smith Camp. (MTB)
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Filing
176
MEMORANDUM AND ORDER - IT IS ORDERED that: The Clerk of Court shall refer this matter to Chief Judge Smith Camp with the undersigneds request that this case be reassigned to Judge Gerrard. Counsel for the parties shall contact Judge Gerrards chamb ers no later than the close of business on Wednesday, March 19, 2014, to discuss the non-jury trial date and other trial related matters. All other pretrial order deadlines will stand as ordered. The Clerk of Court shall also provide a copy of this order to Judge Gerrard. Ordered by Senior Judge Richard G. Kopf. (Copy mailed as directed)(TCL )
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Filing
175
ORDER - IT IS ORDERED that the non-jury trial of this case is continued to April 7, 2014, for five days, as the #1 case before all criminal and civil trials, before the undersigned United States district judge, in Lincoln, Nebraska. Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
174
MEMORANDUM AND ORDER - IT IS ORDERED: All individual-capacity claims against all defendants are dismissed with prejudice, as Plaintiff has abandoned such claims. From this date forward, the case caption shall reflect that all defendants are sued in their official capacities only. Paragraphs (C) 2-5 of the Order on Final Pretrial Conference (Filing 173 at CM/ECF p. 3), which lists as a controverted issue whether Defendants are entitled to qualified immunity, shall no longer be considered a "controverted and unresolved issue" for resolution at the non-jury trial in this matter. Defendants' Motion for Summary Judgment (Filing 154 ) based on qualified immunity is denied as moot, and the remainder of the motion is denied due to genuine issues of material fact precluding the entry of summary judgment. The unopposed Plaintiff's Motion to Seal Pursuant to Protective Order (Filing 162 ) is granted, and the Clerk of Court shall seal Exhibits 158, 159, 160, 161, 1 72, 173, 174, 175, 177, and 178 to Plaintiff's Index of Evidence (Filings 163 & 164 ) in opposition to Defendants' Motion for Summary Judgment. The unopposed Defendants' Motion to Seal Pursuant to Protective Order (Filing 158 ) i s granted, and the Clerk of Court shall seal Exhibits 15, 17, 41, 55, 56, 57, 58, and 59 to Defendants' Index of Evidence (Filing 159) in Support of Defendants' Motion for Summary Judgment. The unopposed Plaintiff's Motion to Strike Brief (Filing 167 ) is granted, and Plaintiff's first-filed Brief in Opposition to Defendants' Motion for Summary Judgment (Filing 165 ) shall be stricken. Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
148
ORDER granting 147 Motion to Extend. No further continuances will be granted absent a very substantial showing of good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
138
MEMORANDUM AND ORDER - IT IS ORDERED that: Plaintiff's Statement of Objections to Magistrate Judge's Order (Filing 133 ) is denied. The Magistrate Judge's Memorandum and Order (Filing 131 ) entered on July 16, 2013, denying Plaintiff's Motion to Compel (Filing 116 ) is sustained and shall not be disturbed. Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
132
ORDER granting 113 Motion to Extend. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
131
MEMORANDUM AND ORDER that plaintiff's 116 Motion to Compel is denied except to the extent LPL's privilege log contains correspondence between LPL and the defendants. Any emails or letters actually exchanged between LPL and the defend ants shall be produced unless LPL has already produced those documents. Plaintiff's 124 Motion for Hearing on the motion to compel is denied. Plaintiff's 114 Motion to Restrict pursuant to the E-Government Act is granted. A telephonic conference before the undersigned magistrate judge will be held on July 23, 2013 at 9:00 a.m. to discuss the further progression of this case. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
100
MEMORANDUM AND ORDER - After conferring with the parties, and with their approval, the court's mediation reference order, (Filing No. 98 ), is amended as follows: Paragraph 3 is amended as follows: All parties may attend all mediation sessions scheduled by the mediator. But every party must have someone in attendance at the mediation who has full authority to negotiate and settle this case on that partys behalf. Provided no conflict of interest between represented parties is an ticipated, those attending the mediation with settlement authority may represent more than one party. The person or persons who attend the mediation are ordered to prepare for and participate in the mediation in accordance with the Plan and in ob jective good faith. As to paragraph 4(c): The parties' mediation statements may exceed 4 pages. The parties are encouraged to contact the selected mediator for further guidance on any limitations to the mediation statement. The clerk shall provide a copy of this order to the selected mediator, Con Keating. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed as directed)(TCL )
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Filing
95
ORDER denying 79 Motion to Compel. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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Filing
74
AMENDED PROTECTIVE ORDER pursuant to the parties' stipulation, 72 , which is hereby granted. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
65
PROTECTIVE ORDER - Granting joint stipulation for protective order 63 . Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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Filing
62
MEMORANDUM AND ORDER regarding pending motions. 1) Plaintiff's motion to amend the amended complaint, (filing no. 48 ), is granted in part and denied in part. Plaintiff may add his claim for Interference with Business Relationship or Expe ctancy. The motion is denied in all other respects. Plaintiff shall file his second amend complaint, consistent with this Memorandum and Order, by May 11, 2012.2) Defendants' motion for a protective order, (filing no. 50 ), is grant ed. The parties shall confer and file a stipulated protective order, consistent with the terms of this Memorandum and Order, by May 11, 2012.3) Defendants' motion to compel the issuance of non-party subpoenas, (filing no. 52 ), is granted. Defendants are authorized to issue the proposed subpoenas to Prospera Financial Services and LPL Financial. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
43
MEMORANDUM AND ORDER - IT IS ORDERED: Mandatory disclosures shall be served by February 13, 2012. The deadline for filing plaintiff's anticipated motion to amend the complaint is February 15, 2102. Written discovery shall commence as soon as practicable. After the court rules on the plaintiff's anticipated motion to amend, an additional conference call will be held with the court to set a schedule for final progression of this case to trial. The clerk shall set a case management deadline as follows: April 12, 2012-check on status of anticipated motion to amend. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
22
ORDER - IT IS ORDERED: Stephanie Caldwell and Natalee J. Hart are no longer counsel for Defendants John Munn, Jack E. Herstein, Rodney R. Griess and Jackie L. Walter in this matter. The Clerk shall terminate the appearance of Stephanie Caldwell and Natalee J. Hart as defense counsel. The Clerk shall terminate future notices to Stephanie Caldwell and Natalee J. Hart in this matter. Ordered by Magistrate Judge F.A. Gossett. (TCL )
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