Malone et al v. Kantner Ingredients, Inc. et al

Defendant: Chianti Cheese of New Jersey, Inc., Custom Dairy Products, LLC, Gerber (California), Inc., International Dairy Ingredients, Inc., Douglas Kantner, Kantner Custom Dairy, LLC, Kantner Group, Inc., Kantner Ingredients, Inc., Kantner Real Estate, LLC, Kevin Rutter and Total Sweeteners, Inc.
Plaintiff: Theresa Malone, Terry Mitchell, Julie O'Neal, Lee Preston and Teresa Watson
Case Number: 4:2012cv03190
Filed: September 6, 2012
Court: Nebraska District Court
Office: 4 Lincoln Office
Presiding Judge: Warren K. Urbom
Referring Judge: Cheryl R. Zwart
Nature of Suit: Personal Property: Other
Cause of Action: 28:1441 Petition for Removal
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
September 25, 2013 107 Opinion or Order of the Court ORDER - Plaintiffs' Notice of Hearing contained in Filing No. 104 is hereby stricken.Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
October 3, 2013 111 Opinion or Order of the Court MEMORANDUM AND ORDER:1)Plaintiffs Motion to Amend, (Filing No. 79 ) is granted in part and denied in part. Plaintiffs may amend their complaint except to the extent they seek to bring claims against attorney Barry H. Wolinetz. The plaintiffs F ourth Amended Complaint shall be filed on or before October 11th, 2013. 2)Plaintiffs Motion to Amend, (Filing No. 74 ), is denied as moot.3)Plaintiffs Motion to Disqualify Attorney Barry H. Wolinetz, (Filing No. 66 ), is denied. 4)Defe ndants Motion to Strike Plaintiffs Reply Brief, (Filing No. 73 ), is denied.5)Defendants Motion for Dismissal regarding Motion to Disqualify, (Filing No. 69 ), and the amended motion thereof, (Filing No. 70) are denied as moot. 6)Defendants Motion to Stay, (Filing No. 92 ) is denied.7)Plaintiffs Motion to Compel, (Filing No. 104 ), is denied without prejudice.8)Defendants Objections to Notices of Intent to Serve Subpoenas, (Filing Nos. 108 , 109 & 110 ), are overruled. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
November 14, 2013 142 Opinion or Order of the Court MEMORANDUM AND ORDER staying discovery and any further response or briefing on plaintiffs' discovery motions, 117 , 137 , and 139 , pending a ruling on the defendants' dispositive motions, 125 and 126 . Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
March 29, 2014 158 Opinion or Order of the Court ORDER denying 157 Motion to lift the discovery stay. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 27, 2014 165 Opinion or Order of the Court ORDER that Attorney Thomas Freeman 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. Freeman 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)
June 23, 2014 167 Opinion or Order of the Court MEMORANDUM AND ORDER - The motion to dismiss filed by defendants Kantner and Rutter (filing 125 ) is granted in part and denied in part, as set forth above. However, plaintiffs are given leave to replead their fraud claims The motion to dismiss f iled by Kantner Real Estate (filing 126 ) is granted. As to defendant Kantner Real Estate, plaintiffs' operative complaint is dismissed without prejudice. However, plaintiffs are also given leave to replead their claim against Kantner Real Estate. The Kantner Companies' motion to dismiss (filing 150 ) is denied. Plaintiffs shall file any amended complaint on or before July 14, 2014. Ordered by Judge John M. Gerrard. (GJG)
August 29, 2014 191 Opinion or Order of the Court ORDER Regarding Disclosure of a Sealed Document - The Court finds that the document should be produced, under the stated conditions. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 2, 2014 192 Opinion or Order of the Court ORDER that plaintiffs' Motion to Strike the defendants' brief 186 is denied. Plaintiffs' Motions to Compel 117 and 139 are granted in part and denied in part. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
February 23, 2015 251 Opinion or Order of the Court MEMORANDUM AND ORDER - After hearing held today:1) Plaintiffs' motion for leave, (Filing No. 241 ), is granted, and the evidence attached to that motion was considered by the court in ruling on Plaintiffs' motion for sanctions.2) P laintiffs' motion for sanctions, (Filing No. 199 ), is denied, but without prejudice to reasserting before Judge Gerrard, either following or with the plaintiffs' anticipated motion for summary judgment on the issue of standing.3) Plai ntiffs' motion to compel, (Filing No. 219 ), is denied.4) Defendants' oral motion to withdraw is granted, and defendants' motion to strike the plaintiffs' damage disclosure, (Filing No. 228), is withdrawn.5) Plaintiffs� 39; objection, (Filing No. 240 ), is denied; Defendants' motion for leave to submit a surreply, (Filing No. 239 ), is granted; and the brief and evidence submitted with Filing No. 239 will be reviewed by the court on Plaintiffs' motion to show cause.6) An evidentiary hearing on Plaintiffs' motion to show cause, (Filing No. 222 ), will be held at 9:00 a.m. on March 20, 2015 before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Bu ilding, 100 Centennial Mall North, Lincoln, Nebraska.7) As to the Plaintiffs' and the Defendants' motions to modify the scheduling order, (Filing No. 242 and Filing No. 225 , respectively), the court amends the final progression orde r as follows:- Depositions due 4/30/2015.- 5-day Non-Jury Trial set for 9/14/2015 at 09:00 AM before Judge John M. Gerrard. - Pretrial Conference set for 9/1/2015 at 2:00 PM by WebEx Conference before Magistrate Judge Cheryl R. Zwart. 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. (JAB)
March 31, 2015 272 Opinion or Order of the Court MEMORANDUM AND ORDER denying 222 Motion to Show Cause. The defendants and their counsel complied with the court's order, (Filing No. 192 ). Defendants' counsel and its paralegal did not provide misleading or untruthful information to t he court. And the plaintiffs have presented no evidence, including through the testimony of their computer forensic expert, that Defendants, their counsel, or their counsels paralegal destroyed, hid, or purposefully (or even recklessly) failed to produce responsive ESI. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 19, 2015 281 Opinion or Order of the Court ORDER denying 268 Motion to Compel. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
January 7, 2013 52 Opinion or Order of the Court MEMORANDUM AND ORDER - The plaintiffs' motions to dismiss, (ECF Nos. 36 and 51 ), are granted,and all of the plaintiffs' claims against Total Sweeteners, Inc., Gerber (California) Inc., and Ingredia, Inc. are dismissed without prejudice. Ordered by Senior Judge Warren K. Urbom. (AOA)
January 22, 2013 53 Opinion or Order of the Court MEMORANDUM AND ORDER regarding pending motions. 1. Kantner Real Estate's "Objection to Plaintiffs' Evidence in Opposition to Motion to Dismiss," (ECF No. 41 ), and "Objection to and Motion to Strike Plaintiffs' Ind ex of Evidence," (ECF No. 49 ), are overruled.2. The plaintiffs' "Motion for Leave to File an Affidavit and Index of Evidence," (ECF No. 46 ), is granted.3. Kantner Real Estate's motion to dismiss, (ECF No. 32 ), i s granted.4. Kantner Ingredients', Chianti Cheese Company's, and Kantner Custom Dairy Products' motion to dismiss, (ECF No. 26 ), is granted. 5. Kantner Group's "Amended Motion to Dismiss," (ECF No. 28 ), is gr anted.6. Douglas Kantner's and Kevin Rutter's "Amended Motion to Dismiss," (ECF No. 30 ), is granted in part. Specifically, Kevin Rutter's motion to dismiss Count VI is granted, but Douglas Kantner's and Kevin Rutter's motion to dismiss Count II is denied.7. Count V of the third amended complaint is dismissed in its entirety. Ordered by Senior Judge Warren K. Urbom. (JAB)

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Search for this case: Malone et al v. Kantner Ingredients, Inc. et al
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Defendant: Chianti Cheese of New Jersey, Inc.
Represented By: Krista L. Kester
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Defendant: Custom Dairy Products, LLC
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Defendant: Gerber (California), Inc.
Represented By: David C. Mullin
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Defendant: International Dairy Ingredients, Inc.
Represented By: James D. McFarland
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Defendant: Douglas Kantner
Represented By: Krista L. Kester
Represented By: Barry H. Wolinetz
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Defendant: Kantner Custom Dairy, LLC
Represented By: Krista L. Kester
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Defendant: Kantner Group, Inc.
Represented By: Krista L. Kester
Represented By: Barry H. Wolinetz
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Defendant: Kantner Ingredients, Inc.
Represented By: Krista L. Kester
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Defendant: Kantner Real Estate, LLC
Represented By: Krista L. Kester
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Defendant: Kevin Rutter
Represented By: Krista L. Kester
Represented By: Barry H. Wolinetz
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Defendant: Total Sweeteners, Inc.
Represented By: Matthew F. Meyerle
Represented By: Steven G. Seglin
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Plaintiff: Theresa Malone
Represented By: Thomas J. Freeman
Represented By: Brett Ryan
Represented By: James A. Watson
Represented By: Thomas D. Wulff
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Plaintiff: Terry Mitchell
Represented By: Thomas J. Freeman
Represented By: Brett Ryan
Represented By: James A. Watson
Represented By: Thomas D. Wulff
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Plaintiff: Julie O'Neal
Represented By: Thomas J. Freeman
Represented By: Brett Ryan
Represented By: James A. Watson
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Plaintiff: Lee Preston
Represented By: Thomas J. Freeman
Represented By: Brett Ryan
Represented By: James A. Watson
Represented By: Thomas D. Wulff
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Plaintiff: Teresa Watson
Represented By: Thomas J. Freeman
Represented By: Brett Ryan
Represented By: James A. Watson
Represented By: Thomas D. Wulff
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