KAAPA Ethanol v. Affiliated FM Insurance
| 7:2005cv05010 |
| June 29, 2005 |
| US District Court for the District of Nebraska |
| 7 North Platte Office |
| David L. Piester |
| Lyle E. Strom |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
511
ORDER TO DESTROY - The following Court exhibits from the Pretrial Conference Hearing held on October 28, 2009 in this matter will be destroyed: Exhibits 2, 3, 5, 7, 8, 11, 12, 13, 14, 22, 24, 33, 34, 35, 37, 45, 47, 54, 61, 63, 70, 74, 75, 76, 77, 7 9, 80, 81, 82, 85, 86, 87, 92, 93, 94, 95, 96, 97, 98, 101, 105, 104, 105, 106, 107, 108, 109, 110, 112, 113, 114, 115, 116, 119, 120, 121, 126, 127, 140, 146, 148, 150, 156, 157, 158, 165, 169, 170, 173, 174, 176, 177, 179, 180, 181, 183, 184, 185, 187, 189, 190, 202, 204, 208, 210, 211, 221, 222, 226, 227, 228, 232, 233, 234, 235, 236, 238, 239, 240, 244, 248,250, 252, 258, 260, 267, 268, 268, 277, 280, 281, 282, 283, 285, 287, 290, 293, 295, 298, 305, 312, 316, 324, 331, 332, 333, 334, 814, 8 16, 817, 817A, 818, 819, 820, 825, 829, 830, 831, 835, 836, 837, 838, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859B, 859C, 860, 861, 862, 863, 864, 865, 867, 868, 869, 870, 871, 872, 873, 874, 875 , 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887. In reviewing the pretrial conference order, Filing No. 348 and the above exhibits, it appears that some of the exhibits are incomplete based on the exhibit list found in the pretrial conference order. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the above-listed court exhibits 14 days from the date of this order. IT IS SO ORDERED. Ordered by Chief Judge Laurie Smith Camp. (TCL)
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Filing
507
ORDER granting 506 Motion to Withdraw as Attorney. Loralea L. Frank is deemed withdraw as counsel of record for plaintiff and shall no longer receive notice of CM/ECF filings. Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
505
ORDER approving 503 Stipulation - The Supersedeas Bond is no longer required and is fully and unconditionally discharged and exonerated, and Travelers Casualty and Surety Company of America is released from any and all past, present and future liability arising under and in connection with the issuance of the Supersedeas Bond. The Clerk of the Court is directed to forthwith release the Supersedeas Bond recorded with this Court to Matthew J. Gollinger, for immediate return to Travelers Casualty and Surety Company of America. Ordered by Senior Judge Lyle E. Strom. (E-mailed to Financial) (TEL)
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Filing
502
ORDER - The parties shall advise the Court, on or before January 17, 2012, whether they have agreed to mediation in an effort to resolve the issues remaining in this case. (Status Report due by 1/17/2012.) Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
500
ORDER after remand from the United States Court of Appeals for the Eighth Ciruit and the issuance of Mandate 499 . Planning Conference set for 12/16/2011 at 10:00 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
486
ORDER AND JUDGMENT that Plaintiff shall be awarded attorney fees and expenses in the amount of $1,966,422.98. Plaintiff's request for an award of prejudgment interest is denied. Declaratory Judgment is entered in plaintiff's favor in conformance with this order and judgment and the March 25, 2010, order and judgment 446 . Ordered by Senior Judge Lyle E. Strom. (Copy to 8th Circuit) (JSF)
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Filing
478
MEMORANDUM AND ORDER denying as moot 441 Motion to Strike ;granting in part and denying in part 401 Motion for Attorney Fees; KAAPA shall be awarded attorney fees and expenses in the amount of $1,966,422.98; KAAPA's request for an award of prejudgment interest is denied; denying 449 Motion for Reconsideration. Ordered by Senior Judge Lyle E. Strom. (ADB, )
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Filing
475
ORDER denying 431 Motion to Compel; KAAPAs letter request to file a reply to Filing Nos. 471 and 472 is granted, but shall be limited to responding to Filing Nos. 471 and 472. Said reply shall be filed on or before June 1, 2010. Ordered by Senior Judge Lyle E. Strom. (ADB, )
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Filing
445
MEMORANDUM OPINION denying 405 Motion for Judgment; adopting 352 Stipulation and 354 Stipulation; denying as moot 368 Objection, 369 Objection, 372 Objection, 375 Objection; granting 408 Motion Requesting Reduction of Recoverable Miti gation Costs Or, In The Alternative, Ownership Of KAAPA's Extra Tank; The jurys award of "mitigation expenses" will be reduced to $179,656.90; regarding 401 Motion for Attorney Fees that plaintiff shall file all unredacted billi ng statements that support its claim for attorney fees on or before April 9, 2010. Plaintiff may file such statements under seal. Defendant shall have until May 3, 2010, to respond to plaintiffs additional materials. A separate order and judgment will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (ADB, )
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Filing
427
ORDER - The Joint Stipulation requesting extensions of time 424 is approved and adopted. The parties shall have until February 23, 2010, in which to file their respective briefs. Ordered by Senior Judge Lyle E. Strom. (KBJ)
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Filing
400
ORDER granting 398 Motion to Withdraw as Attorney. Bryan W. Petrilla is deemed withdrawn as counsel of record for plaintiff. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
380
ORDER - The joint oral motion is granted; The parties shall have until January 15, 2010, to file post-trial motions. Ordered by Senior Judge Lyle E. Strom. (KBJ)
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Filing
351
ORDER - Plaintiff's motion in limine to preclude evidence or argument relating to alleged lack of cooperation 262 is denied as moot as defendant has represented to the Court that it does not intend to offer such evidence. Plaintiff's mot ion in limine to allow the admission of certain testimony by Donald Malecki 266 is denied as moot, as defendant has represented to the Court that it will not offer designated deposition testimony of Mr. Malecki. Plaintiff's motion in limine t o preclude the designation of deposition testimony of witnesses who can be compelled to appear at trial 270 is denied as moot, as defendant has represented to the Court that it will not seek to introduce designated deposition testimony of witnesses who can be compelled to appear at trial. Defendant's motion in limine to exclude any opinion of or testimony by Michael LoGiudice as to the applicable deductible under the Affiliated FM policy 294 is granted. Defendant's motion in limi ne for the preclusion of testimony from Jim Faulconbridge 298 is denied without prejudice. All other pending motions in limine 278 , 286 , 290 , 302 , 306 , 310 will be denied at this time without prejudice. The parties may renew these motions at the time the evidence is offered at trial. Ordered by Senior Judge Lyle E. Strom. (KBJ)
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Filing
350
ORDER - Defendant's motion in limine to exclude the supplemental report of Ryan Beckman 282 is denied. Ordered by Senior Judge Lyle E. Strom. (KBJ)
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Filing
261
ORDER denying 242 motion for leave to take trial depositions. Ordered by Senior Judge Lyle E. Strom. (JDR)
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Filing
260
ORDER - The joint stipulation for extension of time 258 is approvedand adopted; the parties shall have until October 9, 2009, in which to file their respective motions in limine. Ordered by Senior Judge Lyle E. Strom. (KBJ)
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Filing
240
ORDER - Pretrial Conference set for 10/28/2009 at 10:00 AM in the Chambers of Magistrate Judge David L. Piester. Ordered by Senior Judge Lyle E. Strom. (JAE)
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Filing
238
MEMORANDUM AND ORDER that the parties request for clarification is denied regarding: Memorandum and Order 229 . Ordered by Senior Judge Lyle E. Strom. (KBJ)
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Filing
231
ORDER - The status conference is rescheduled for: Thursday, February 5, 2009, at 1:30 p.m. in the Chambers of the undersigned. The parties shall be prepared to establish a progression schedule for discovery and to select a trial date. Ordered by Senior Judge Lyle E. Strom. (KBJ)
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Filing
229
MEMORANDUM AND ORDER - The Magistrate Judge's Report and Recommendation 198 is granted in part and denied in part. Affiliated FM's motion for summary judgment 124 is denied. Affiliated FM's motion for partial summary judgment is granted in part and denied in part. KAAPA's motion for partial summary judgment 128 is denied. Affiliated FM's motion to exclude the testimony of Donald Malecki 147 is granted. KAAPA's motion to exclude the testimony of John Fie ld 183 is denied. KAAPA's motion to exclude evidence of information Affiliated FM acquired after it denied coverage 187 is denied. KAAPA's motion to exclude evidence of faulty workmanship, faulty construction, or faulty design 192 i s denied. Objections to the motion for summary judgment 159 and objections to the report and recommendation of the magistrate judge 205 , and 208 are denied or sustained in accordance with this memorandum opinion. The motions for leave to file a reply memorandum 215 , and 221 and the motion to strike motion for leave to file a reply memorandum 225 are denied as moot. Ordered by Senior Judge Lyle E. Strom. (KBJ)
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