Dillon Auto Sales, Inc v. Troutner
Plaintiff: Dillon Auto Sales, Inc.
Defendant: Terry L. Troutner
Counter Defendant: Dillon Auto Sales, Inc.
Counter Claimant: Terry L. Troutner
Case Number: 4:2014cv00104
Filed: April 2, 2014
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
April 13, 2018 Opinion or Order Filing 225 ORDER TO WITHDRAW EXHIBIT - Counsel for the plaintiff shall either withdraw Exhibit No. 1 from the hearing held on 06/27/2017 within 14 calendar days or show cause why the exhibits should not be destroyed. Ordered by Senior Judge Richard G. Kopf. (CS)
March 7, 2018 Opinion or Order Filing 224 JUDGMENT - IT IS ORDERED that all claims and counterclaims in the above-captioned matter are dismissed, with prejudice, each party to pay their on attorneys' fees and costs. Ordered by Senior Judge Richard G. Kopf. (LAC)
March 1, 2018 Opinion or Order Filing 222 ORDER - that Plaintiff's motion in limine (filing no. 217 ) andDefendant's objection thereto (filing no. 220 ) are denied as moot. Ordered by Senior Judge Richard G. Kopf. (LKO)
January 16, 2018 Opinion or Order Filing 216 SECOND ORDER ON FINAL PRETRIAL CONFERENCE. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
November 6, 2017 Opinion or Order Filing 214 ORDER that the motion to withdraw filed by David J. A. Bargen, as counsel of record for Plaintiff, (Filing No. 213 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
August 16, 2017 Opinion or Order Filing 203 ORDER that the motion to withdraw filed by Tara L. Tesmer Paulson as counsel on behalf of Plaintiff Dillon Auto Sales, Inc., (Filing No. 195 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
July 5, 2017 Opinion or Order Filing 191 ORDER that Troutner's anticipated motion to disqualify the Rembolt Ludtke law firm as counsel for Dillon Auto Sales, Inc. in the above-captioned litigation shall be filed on or before July 19, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
June 27, 2017 Opinion or Order Filing 188 ORDER denying MOTION in Limine No. 15 185 filed by Dillon Auto Sales, Inc. Dillon's oral request to allow Ms. Paulson to testify as a rebuttal witness is denied. Dillon's motion for a mistrial is granted, but the court declines to award fees or costs to either party.This matter is referred to Magistrate Judge Zwart for further case progression which should also include resolution of the issue that caused the mistrial. Ordered by Senior Judge Richard G. Kopf. (CCB)
June 23, 2017 Opinion or Order Filing 176 ORDER that with respect to Plaintiff's Motions in Limine (filing 164 ), a. Motion No. 1 is granted, except that Defendant is not precluded from calling Hill, Best or Manteuch as true rebuttal witnesses; b. Motion Nos. 2 and 3 are granted; c . Motion Nos. 4 and 5 are denied; d. Motion Nos. 6, 7, and 8 are granted; e. Motion No. 9 is denied; f. Motion Nos. 10, 11, and 12 are granted; and g. Motion Nos. 13 and 14 are denied. Defendant's Motions in Limine (filing 169 ), Nos. 1-4, are all denied. Ordered by Senior Judge Richard G. Kopf. (LAC)
June 19, 2017 Opinion or Order Filing 168 ORDER that Plaintiff's motions in limine (filing 163 ) and any other pretrial motions will be taken up at the conference that will be held immediately prior to the start of trial. Ordered by Senior Judge Richard G. Kopf. (LAC)
September 29, 2016 Opinion or Order Filing 152 ORDER: The settlement conference, previously set for October 3, 2016, is cancelled.A Pretrial Conference will be held on 10/3/2016 at 03:00 PM by Internet/Telephonic Conferencing before Magistrate Judge Cheryl R. Zwart.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
August 30, 2016 Opinion or Order Filing 149 MEMORANDUM AND ORDER - Defendant's partial motion for summary judgment 129 is denied in all respects. Plaintiff's motion for summary judgment 133 is granted in part and denied in part, as follows: a. Defendant's counterclaims invo lving payments allegedly owing under an extended warranty program are dismissed with prejudice; b. Defendant's counterclaims involving payments allegedly owing as "deferred compensation" are dismissed with prejudice; c. Defendant' s "Nebraska public policy" counterclaim involving retaliation for allegedly opposing race-based discrimination is dismissed with prejudice; and c. In all other respects, Plaintiff's motion is denied. Ordered by Senior Judge Richard G. Kopf. (CS)
July 19, 2016 Opinion or Order Filing 144 ORDER that Defendant's unopposed motion for extension of time (Filing No. 143 ) is granted, as follows: Defendant shall have until July 21, 2016, to reply regarding his motion for summary judgment (Filing No. 129 ). Plaintiff shall have until July 21, 2016, to reply regarding its motion for summary judgment (Filing No. 133 ). Ordered by Senior Judge Richard G. Kopf. (LAC)
June 20, 2016 Opinion or Order Filing 137 ORDER Defendant's unopposed motion for extension of time (Filing No. 136 ) is granted, as follows: Defendant shall have until July 8, 2016, to respond to Plaintiff's motion for summary judgment (Filing No. 133 ). Plaintiff shall have until July 8, 2016, to respond to Defendant's motion for summary judgment (Filing No. 129 ). Ordered by Senior Judge Richard G. Kopf. (LAC)
January 21, 2016 Opinion or Order Filing 107 MEMORANDUM AND ORDER that Filing No. 75 , Defendant's motion to exclude expert testimony of Robert Aucone, is denied. Filing No. 78 , Defendant's motion to seal Exhibits B and C attached to the Declaration of Raymond Aranza (Filing No. 77 ) is granted pursuant to Nebraska Civil Rule 7.5. Ordered by Senior Judge Richard G. Kopf. (LAC)
December 11, 2015 Opinion or Order Filing 101 MEMORANDUM AND ORDER - 1. Defendant's Motion to Compel, (Filing No. 66 ), is granted in part and denied in part as set forth in this order. 2. Plaintiffs Motion to Quash, (Filing No. 68 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
April 8, 2015 Opinion or Order Filing 51 AMENDED PROGRESSION ORDER: The parties' motion to amend, (filing no. 5 ), and the defendant's motion to extend the expert witness deadline, (filing no. 44 ), are granted, and the progression order is modified as follows: Depositions d ue 9/2/2015.5-day Jury Trial set for 10/19/2015 at 09:00 AM before Senior Judge Richard G. Kopf. Pretrial Conference set for 9/29/2015 at 1:00 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)
February 1, 2015 Opinion or Order Filing 30 PROTECTIVE ORDER granting 28 Stipulation Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
December 20, 2014 Opinion or Order Filing 26 AMENDED PROGRESSION ORDER granting 25 Joint Stipulation. The deposition deadline is April 30, 2015. 1) The jury trial of this case is set to commence before Richard G. Kopf, Senior United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on June 29, 2015, or as soon thereafter as the case may be called, for a duration of five (5) trial days. 2) The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on June 16, 2015 at 2:30 p.m. and will be conducted by WebEx conferencing. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Counter defendant: Dillon Auto Sales, Inc.
Represented By: Mark A. Fahleson
Represented By: Tara L. Tesmer Paulson
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Plaintiff: Dillon Auto Sales, Inc.
Represented By: Mark A. Fahleson
Represented By: Tara L. Tesmer Paulson
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Counter claimant: Terry L. Troutner
Represented By: Raymond R. Aranza
Represented By: Jamie M. Hurst
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Defendant: Terry L. Troutner
Represented By: Raymond R. Aranza
Represented By: Jamie M. Hurst
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