Seeno v. Puckett
| Albert D. Seeno, Jr. |
| Tad J. Puckett |
| 7:2014cv05003 |
| April 23, 2014 |
| US District Court for the District of Nebraska |
| 7 North Platte Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
45
MEMORANDUM AND ORDER granting 20 Motion for Reconsideration. IT IS FURTHER ORDERED that defendant's 10 Motion to Dismiss is granted. A separate judgment will be entered in conjunction with this memorandum and order. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
18
ORDER - Defendant's motion to withdraw his motion to dismiss, Filing No. 16 , is granted. Defendant's motion to dismiss, Filing No. 10 , is denied as moot. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
17
ORDER - On or before August 8, 2014, attorney Nathaniel J. Mustion shall register for the System or show cause by written affidavit why he cannot comply with the rules of the court. Failure to comply with this order will result in the court removing Mr. Mustion as counsel of record for the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
6
ORDER - This matter is before the court on the plaintiff's April 30, 2014, response (Filing No. 5 ) to the court's April 24, 2014, Order (Filing No. 3 ). The plaintiff filed this action on April 23, 2014, in the United States District Court for the District of Nebraska. See Filing No. 1 . The plaintiff alleges jurisdiction rests in this court based on diversity of citizenship and the amount in controversy exceeds $75,000, as required by 28 U.S.C. § 1332. Id. at 1. T he plaintiff seeks specific performance of the contract, alleging no specific amount of damages. Id. 14. In the original complaint the plaintiff alleged damages existed based on a breach of contract for the purchase of three rams, which were pri ced at $20,000 each. Id. 13; Ex. 3. On April 24, 2014, the court required the plaintiff to show cause why the complaint should not be summarily dismissed for lack of subject matter jurisdiction based on the deficient jurisdictional amount. Se e Filing No. 3 . On April 30, 2014, the plaintiff amended the complaint to allege the rams are worth $30,000 each. See Filing No. 4 - Amended Complaint. The plaintiff argues evidence of the current listing price for the rams is sufficient t o establish jurisdiction in this court. The court finds the plaintiff has sufficiently plead the requisite jurisdictional amount to proceed without summary dismissal of the complaint subject to redetermination if and when appropriate. IT IS SO ORDERED.Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
3
ORDER - The plaintiff shall have to on or before May 23, 2014, to show cause why this matter should not be dismissed for lack of subject matter jurisdiction. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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| Defendant: Tad J. Puckett | |
| Represented By: | J. Bryant Brooks |
| Represented By: | Nathaniel J. Mustion |
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| Plaintiff: Albert D. Seeno, Jr. | |
| Represented By: | R. Kevin O'Donnell |
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