Malone et al v. Kantner Ingredients, Inc. et al
| Theresa Malone, Terry Mitchell, Julie O'Neal, Lee Preston and Teresa Watson |
| 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. |
| 4:2012cv03190 |
| September 6, 2012 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Warren K. Urbom |
| Cheryl R. Zwart |
| Personal Property: Other |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
391
ORDER that counsel shall withdraw exhibits previously submitted in this matter within 14 calendar days. 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. (CCB)
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Filing
390
ORDER that the garnished funds held by Morgan Stanley, Wells Fargo, and JP Morgan/Chase pursuant to the Writs of Garnishment issued for collection of the judgment against Douglas Kantner in this lawsuit are hereby released. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
372
ORDER denying 368 Motion to Strike and granting 365 , 366 and 367 . The hearing requested by Defendant Kantner regarding the garnishment interrogatories served on JP Morgan/Chase Bank, Morgan Stanley, and Wells Fargo, and the hearing on Plaintiffs motion to deliver non-exempt funds, (Filing No. 371 ), will be held on October 14, 2016 at 9:00 a.m. (CDT) Telephonic participation is permitted provided the court receives advance notice. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
337
MEMORANDUM AND ORDER that the parties' motions in limine 285 and 288 are denied without prejudice to timely and appropriate objections at trial. Ordered by Judge John M. Gerrard. (JSF)
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Filing
333
MEMORANDUM AND ORDER that the plaintiffs' objections 254 and 294 are overruled. Ordered by Judge John M. Gerrard. (JSF)
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Filing
329
ORDER - The motion to permit Barry H. Wolinetz, and Wolinetz, Horvath, Baker & Wick, a/k/a Wolinetz Law Offices, LLC to withdraw as counsel on behalf of Defendants, (filing no. 328 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
281
ORDER denying 268 Motion to Compel. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
272
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)
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Filing
251
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)
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Filing
192
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)
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Filing
191
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)
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Filing
167
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)
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Filing
165
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)
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Filing
158
ORDER denying 157 Motion to lift the discovery stay. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
142
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)
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Filing
111
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)
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Filing
107
ORDER - Plaintiffs' Notice of Hearing contained in Filing No. 104 is hereby stricken.Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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Filing
53
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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Filing
52
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)
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