Home Instead v. Velez et al
||May 20, 2005
||US District Court for the District of Nebraska
||8 Omaha Office
||Joseph F. Bataillon
||Thomas D. Thalken
|Nature of Suit:
|Cause of Action:
||28:1441 Petition for Removal- Contract Dispute
|Jury Demanded By:
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|August 11, 2005
ORDER - The motion to withdraw as counsel for the defendants by Connie G. Jolly, Jr. andCraig S. Hilliard Filing No. 35 is held in abeyance; The movants shall immediately serve the defendants with a copy of this orderand the motion under considerat ion herein, and file proof of such service with the Clerk of Court; The individual defendants, William P. Velez and Lynne A. Velez, shall have to on or before September 12, 2005, to respond to the motion to withdraw by filing a brief with the Clerk o f Court. If no response is received or if substitute counsel has entered an appearance by that date, the motion to withdraw will be granted. If the motion to withdraw is granted and substitute counsel has not entered an appearance, the individual def endants willbe considered proceeding pro se and counsel for the plaintiff may communicate with the individual defendants directly; The corporate defendant Billynne Properties, Inc. shall have to on or beforeSeptember 12, 2005, to have substitute coun sel enter an appearance or show cause whydefault should not be entered. If no substitute counsel appears, or if good cause is not shownby that date, the court will strike the answer of corporate defendant Billynne Properties, Inc.and enter default against it, pursuant to Fed. R. Civ. P. 37(b)(2)(C). Signed by Magistrate Judge Thomas D. Thalken on 8/11/2005. (TJS)
|July 28, 2005
ORDER that the parties are to meet and confer pursuant to Fed. R. Civ. P. 26(f) and file a reportof their meeting on or before September 1, 2005. Rule 26 Meeting Report Deadline set for 9/1/2005. Signed by Magistrate Judge Thomas D. Thalken on 7/28/2005. (JAE, )
|July 27, 2005
ORDER that the report and recommendation, 21, is adopted in its entirety. The referral of this case to Bankruptcy Court for the District of Nebraska iswithdrawn. This case is referred to Magistrate Judge Thomas Thalken for furtherprogression of the matter. Signed by Judge Joseph F. Bataillon on 7/27/2005. (JAE, )
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