U.S. Aprons v. Z-TEX
Plaintiff: U.S. Aprons
Defendant: Z-TEX
Case Number: 7:2008cv05003
Filed: May 1, 2008
Court: US District Court for the District of Nebraska
Office: Contract: Other Office
County: Cheyenne
Presiding Judge: Richard G. Kopf
Presiding Judge: David L. Piester
Nature of Suit: Plaintiff
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Breach of Contract
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Date Filed Document Text
February 17, 2010 Opinion or Order Filing 148 MEMORANDUM AND ORDER - Because the parties have advised the court that this matter has been settled, and this case has been removed from the trial calendar (filing 147 ), IT IS ORDERED that the pending motions in limine (filings 109 , 135 , 142 ) are denied as moot. Ordered by Judge Richard G. Kopf. (JAB)
February 12, 2010 Opinion or Order Filing 147 SETTLEMENT ORDER. It is ordered that:(1)Within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court (and provide a copy to the mag istrate judge and to United States District Judge Richard G. Kopf, the trial judge to whom this case is assigned), together with submitting to the trial judge a draft order which will fully dispose of the case;(2)Absent compliance with this order, th is case (including all counterclaims and the like) may be dismissed without further notice;(3)This case is removed from the court's February 16, 2010 trial docket upon representation by the parties that the case has settled.***Set Dismissal Papers Deadline -- due by 3/12/2010. Canceled 2/16/2010 trial date. Ordered by Judge Richard G. Kopf. (KLL, )
February 10, 2010 Opinion or Order Filing 138 MEMORANDUM AND ORDER denying 88 Defendant's Motion for Summary Judgment. Accordingly, the defendant's motion for summary judgment, insofar as it asserts that the Worth Street Textile Market Rules supply terms in the parties'contract regarding warranties-including that the seller warrants only that its merchandise will conform with the description on the face of the contract; that performance and other physical or chemical characteristics of the merchandise are not guaranteed; a nd that the seller makes no warranty in fact or law that the merchandise is suitable for any particular purposeis denied. There is insufficient evidence before me upon which to conclude that these damage-related provisions of the Worth Street Textile Market Rules were incorporated into the parties' contract as a "usage of trade" within the meaning of the Nebraska U.C.C. Therefore, this aspect of R-Five's motion for summary judgment shall be denied as well. Ordered by Judge Richard G. Kopf. (JAB)
February 2, 2010 Opinion or Order Filing 133 MEMORANDUM AND ORDER - The parties are hereby notified that the court will not issue its memorandum and order on the pending motion for summary judgment (filing 88 ) until shortly before trial, most likely on or about Friday, February 12, 2010. Ordered by Judge Richard G. Kopf. (GJG)
January 29, 2010 Opinion or Order Filing 131 ORDER. Having reviewed the parties' submissions regarding Defendant's motions for summary judgment and in limine, the court wishes to consult with counsel regarding whether this case can be resolved on cross-motions for summary judgment. Accordingly,IT IS ORDERED that counsel shall jointly, and promptly, contact my judicial assistant, Kristin Leininger, to schedule a conference call regarding whether this case can be resolved on cross-motions for summary judgment. Counsel shall have several dates and times available for the conference call in order to accommodate the court's trial schedule. Ordered by Judge Richard G. Kopf. (KLL, )
January 20, 2010 Opinion or Order Filing 129 ORDER. It is ordered that: (1)The following matter previously scheduled before the undersigned is herewith referred to Judge Zwart, to wit,(A)Nature of hearing:Pretrial conference.(B)Date and time of hearing: Friday, February 5, 2010, at 8:30 a.m.(C) Place of hearing: Judge Zwart's chambers, Room 566, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(2)Judge Zwart will issue a report and recommendation or order as is appropriate. Ordered by Judge Richard G. Kopf. (KLL, )
December 14, 2009 Opinion or Order Filing 114 MEMORANDUM AND ORDER denying 83 Motion to Stay pending arbitration. Ordered by Judge Richard G. Kopf. (GJG)
November 20, 2009 Opinion or Order Filing 95 MEMORANDUM AND ORDER granting plaintiff's motion to continue, (filing no. 91 ). The plaintiff is given until November 25, 2009 to file its brief in response to defendants motion to stay for arbitration. Any reply brief shall be filed on or before December 1, 2009. Ordered by Judge Richard G. Kopf. (JAB)
September 22, 2009 Opinion or Order Filing 74 MEMORANDUM AND ORDER granting in part 73 Joint Stipulation to extend the scheduling order deadlines. Ordered by Judge Richard G. Kopf. (JAB)
June 5, 2009 Opinion or Order Filing 64 SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - considering the parties' amended joint proposed scheduling order 63 ; Ordered by Magistrate Judge David L. Piester. (BMH)
May 28, 2009 Opinion or Order Filing 61 ORDER - Upon consideration of the parties' response regarding a new trial date, filing no. 60 , IT IS ORDERED: 1. Jury trial is set to commence at 9:00 a.m., February 16, 2010, for a duration of three trial days before the Honorable Richard G. Kopf in the courtroom, third floor, United States Post Office and Federal Building, 300 East 3rd Street, North Platte, Nebraska. Jury selection will be held at commencement of trial. 2. The parties shall submit an amended joint proposed scheduling order to the undersigned within seven days of today's date. Ordered by Magistrate Judge David L. Piester. (LKH)
February 27, 2009 Opinion or Order Filing 51 MEMORANDUM AND ORDER granting in part and denying in part 43 Motion for Attorney Fees. 1. Plaintiff is awarded the total of $600.00 on the motion to compel and $478.75 on the application for fees, for a total of $1,078.75, and is ot herwise denied. 2. This award shall be paid by defendant's counsel and shall not in any way be charged to the expenses or fees accounts of the client, R-Five, Inc. d/b/a Z-Tex. 3. Paragraph 2.c. of the court's order of January 14, 2009, filing no. 39 , is withdrawn and set aside. Ordered by Magistrate Judge David L. Piester. (JAB)
February 3, 2009 Opinion or Order Filing 47 MEMORANDUM AND ORDER-The defendant's response to plaintiff's fee application is not yet due and has not been filed. However, in light of the plaintiff's submission, IT IS ORDERED: The response to plaintiff's fee application, (fili ng no. 43 ) shall be filed on or before February 16, 2009, and shall address: 1) the amount of fees and costs incurred as a result of, and to be awarded to plaintiff for, filing the motion to compel (filing no. 33 ); 2) plaintiff's claim that defense counsel violated the courts order, (filing no. 39 ), requiring counsel to confer in good faith regarding plaintiff's fee application, and 3) whether, and to what extent, the plaintiff should be awarded attorney fees and costs arising from defense counsel's failure to engage in good-faith discussions concerning plaintiff's fee application in violation of the court's order, (filing no. 39 ). Ordered by Magistrate Judge David L. Piester. (LKH)
January 16, 2009 Opinion or Order Filing 41 AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE-IT IS ORDERED: The joint motion to amend progression order, filing no. 40 , is granted. The provisions of the court's earlier, initial progression order remain in effect, and in addit ion to those provisions, the following shall apply: The Final Pretrial Conference with a magistrate judge is set for July 20, 2009 at 2:00 p.m. in chambers, third floor, United States Post Office and Federal Building, 300 East 3rd Street, North Platt e, Nebraska. Jury trial is set for 9:00 a.m., August 31, 2009, for four days in the courtroom, third floor, United States Post Office and Federal Building, 300 East 3rd Street North Platte, Nebraska, before the Honorable Richard G. Kopf, United States District Judge. Ordered by Magistrate Judge David L. Piester. (LKH)
January 14, 2009 Opinion or Order Filing 39 MEMORANDUM AND ORDER granting in part and denying in part 33 Plaintiff's Motion to Compel as follows: 1. To the extent the motion to compel seeks an order requiring the defendant to respond to plaintiff's discovery requests served on Octob er 6, 2008, the motion is denied as moot. 2. To the extent the motion to compel seeks an award of plaintiff's attorneys fees and costs expended in filing the motion to compel, the motion is granted, and a. Within 10 days of the date of this ord er, counsel for the plaintiff shall provide to defense counsel an itemized statement of the fees and expenses related to bringing this motion. b. The parties shall attempt in good faith to reach an agreement regarding the amount to be awarded by the court under Rule 37(a). If an agreement is reached, a joint stipulation shall be filed with the court setting forth the terms of that agreement. If no agreement can be reached, counsel for the plaintiff shall submit plaintiff's application for f ees to this court within 15 days of this order for the courts resolution of this issue. Any response by the defendant shall be filed within 15 days thereafter. No reply shall be filed absent leave of the court for good cause shown. In the event eithe r side desires a hearing on this question, request shall be made in the application or response, as applicable. c. The clerk shall make any award of attorneys fees and expenses herein a part of any judgment eventually entered in this case unless the parties file a statement with the clerk advising that the award of fees and expenses was paid prior to judgment, together with documentation of such payment. Ordered by Magistrate Judge David L. Piester. (LKH)
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Plaintiff: U.S. Aprons
Represented By: R. Kevin O'Donnell
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Defendant: Z-TEX
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