Russell v. Anderson
| David T. Russell |
| Edward R. Anderson |
| 4:2017cv03085 |
| June 30, 2017 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Susan M. Bazis |
| Richard G. Kopf |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
190
ORDER TO DESTROY - Counsel for both the plaintiff and the defendant are hereby notified that the court intends on destroying the Court's Exhibit 1 from Trial held on 5/16/19. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above- listed exhibits 14 days from the date of this order. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
189
MEMORANDUM AND ORDER - that Plaintiff's Unopposed Motion for Release of Funds (Filing 188 ) is granted. The Clerk of Court shall disburse the funds as follows: The Clerk shall pay the $11,601.20 deposited into Court by the defendant, plus any accrued post-judgment interest thereon to "David Russell and The Healy Law Firm" and mailed to: Michael P. Healy THE HEALY LAW FIRM, LLC3640 NE Ralph Powell RoadLee's Summit, Missouri 64064 Ordered by Senior Judge Richard G. Kopf. (E-mailed to finance)(LKO)
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Filing
159
MEMORANDUM AND ORDER - Plaintiff's request for oral argument (Filing 158 ) is denied. Plaintiff's motion for new trial (Filing 142 ) is denied. Ordered by Senior Judge Richard G. Kopf. (KLF)
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Filing
90
ORDER ON FINAL PRETRIAL CONFERENCE - Jury Trial set for 5/13/2019 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
85
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - Jury Trial set for 3/25/2019 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Pretrial Conference set for 3/1/2019 at 11:00 AM in Chambers before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
84
MEMORANDUM AND ORDER - Plaintiff's Statement of Objections to Magistrate Judge's Order (Filing No. 75 ) is denied. The Magistrate Judge's Order entered on July 31, 2018 (Filing No. 72 ), is sustained and shall not be disturbed. Defendant's Motion for Leave to File Surreply (Filing No. 81 ) is denied. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
73
MEMORANDUM AND ORDER - Defendant's request that the court delay its decision on Plaintiff's Motion for Partial Summary Judgment (Filing No. 31 ) under Fed. R. Civ. P. 56(d) is denied. Plaintiff's Motion for Partial Summary Judgment (F iling No. 31 ) is granted in part and denied in part as follows: a. Plaintiff's Motion for Summary Judgment is GRANTED as to the admitted fact that the Defendant was negligent in crossing the center line on or about August 9, 2013, when Defenda nt was driving his automobile northbound on Highway 281 in Greeley County, Nebraska, while Plaintiff was driving his motorcycle southbound; andb. Plaintiff's Motion for Summary Judgment is DENIED as to the issues ofwhether Plaintiff failed to mitigate his damages and whether Plaintiffwas negligent in contributing to cause the collision. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
72
ORDER - Defendant's First Motion for Sanctions (Filing No. 56 ) is denied. Defendant's Motion to Compel (Filing No. 70 ) is granted as set forth above. The pretrial conference and trial are hereby continued. A telephonic status conference will be held on October 5, 2018, at 11:00 a.m. to reschedule the pretrial conference and trial. Telephone conference instructions are found at Filing No. 12 . Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
39
ORDER - Plaintiff shall disclose all medical providers not previously disclosed within five (5) days of this Order. Plaintiff shall provide a certification that the list is full and complete to the best of Plaintiffs knowledge and belief. Plaintiff s hall provide Defendants counsel with the bates numbers of previously produced medical records. Plaintiff shall do so within five (5) days of this Order. Plaintiff shall review his social media accounts and determine what social media information is a vailable for production. Plaintiff shall complete this review within fourteen (14) days of this Order, and confer with Defendants counsel regarding production of this information. Plaintiff shall produce the lien information as requested. The parties indicated that the other issues presented to the Court could be resolved by the parties. Therefore, the parties shall meet and confer to resolve the remaining discovery issues. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
25
ORDER - Christopher Gruber's Motion for Leave to Withdraw as Counsel for Plaintiff (Filing No. 24 ) is granted. Mr. Gruber shall immediately serve a copy of this Order on Plaintiff and thereafter file proof of service showing compliance with th is Order, listing the name and address of the person to whom notice was sent. Mr. Gruber will not be relieved of applicable duties to the Court, Plaintiff, and opposing counsel until proof of service is filed. Upon filing of proof of service pursuant to Paragraph 2 of this Order, Plaintiff will be deemed to be proceeding pro se, that is, without the assistance of counsel, unless substitute counsel has entered a written appearance on his behalf. If substitute counsel has not entered a written app earance, Plaintiff shall provide the Clerk of Court his current address and telephone number within five days of being served with this Order. Plaintiff may retain substitute counsel at any time. However, until such time as substitute counsel enters a written appearance, Plaintiff must comply with all case progression deadlines, orders of this Court, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Failure to comply with these requirements may result in the imposition of sa nctions, including payment of costs, attorneys' fees, the entry of default judgment, and/or dismissal of the case. Upon Mr. Gruber's submission of proof of service as described in Paragraph 2 of this Order, Mr. Gruber's appearance as counsel of record for Plaintiff will be terminated. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
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| Defendant: Edward R. Anderson | |
| Represented By: | Tanya J. Hansen |
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| Plaintiff: David T. Russell | |
| Represented By: | Christopher T. Gruber |
| Represented By: | Andrew J. Nantz |
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