RSG et al v. SIDUMP'R TRAILER
Case Number: 8:2006cv00507
Filed: July 24, 2006
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Thomas D. Thalken
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgement
Jury Demanded By: Plaintiff
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Date Filed Document Text
September 27, 2012 Opinion or Order Filing 387 MEMORANDUM AND ORDER - RSG's motion for summary judgment (Filing No. 346 ) is denied. The following motions are denied as moot in light of this disposition: RSG's motion to pierce the corporate veil (Filing No. 326 ), Gemini's motion to strike RSG's motion (Filing No. 329 ), Geminis motion to dismiss RSG's motion (Filing No. 330 ), and RSGs motion for a hearing (Filing No. 338 ). This action is dismissed. Ordered by Judge Joseph F. Bataillon. (AOA)
March 9, 2012 Opinion or Order Filing 341 ORDER before the court after a telephone conference with counsel. Golden shall file a brief in connection with the motion to pierce the corporate veil (Filing No. 326 ), together with evidence in support thereof, on or before March 29, 2012. Ge mini shall file a brief and evidence in response on or before April 19, 2012. Golden shall have until April 26, 2012, to file a reply; no surreply will be permitted. The court will treat the matter as a motion for summary judgment and the parti es should govern themselves accordingly. Factual disputes, if any, will be resolved at an evidentiary hearing which is set for May 21, 2012, to May 23, 2012, in Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Judge Joseph F. Bataillon. (MKR)
August 22, 2011 Opinion or Order Filing 325 ORDER - Sidumpr Trailer Companys Motion to Quash Subpoena and Motion for an Order Cancelling Debtors Examination 322 is granted. The debtors examination scheduled for August 26, 2011, is hereby cancelled. The Motion to Withdraw as Counsel for Sid umpr Trailer Company 323 is granted. David Stubstad, Patrick Cooper, Joseph Jones, Rebecca Zawisky, Danene Tushar and the law firm of Fraser Stryker (movants) are hereby granted leave to withdraw as counsel of record for Sidumpr Trailer Company. The Clerk shall terminate the movants appearance as counsel for Sidumpr Trailer Company. The Clerk shall terminate future notices to movants in this matter. Ordered by Magistrate Judge F.A. Gossett. (KBJ)
August 4, 2011 Opinion or Order Filing 319 ORDER - Plaintiff's motion for leave to conduct a debtor's examination filing 315 is granted. Defendant STC, through its designated officer or member, shall appear before the undersigned to testify on Friday, August 26, 2011 at 11:00 A.M ., Courtroom 6, 2nd Floor, Roman L. Hruska Courthouse, 111 So. 18th Plaza, Omaha, NE 68102. Defendant shall produce documents and materials as set forth in this Order. Plaintiff's counsel shall serve a copy of the Order, together with copies of Exhibit 1 of its motion 315 on Defendant STC in the manner provided by Fed R. Civ. P. 4 and Plaintiffs shall file a certificate of service with the court. Ordered by Magistrate Judge F.A. Gossett. (GJG)
May 11, 2011 Opinion or Order Filing 312 MEMORANDUM AND ORDER - IT IS ORDERED that plaintiffs'/counter-defendants' motion to amend the court's findings of fact and conclusions of law (Filing No. 303 ) is denied. Ordered by Chief Judge Joseph F. Bataillon. (TEL)
January 10, 2011 Opinion or Order Filing 301 MEMORANDUM AND ORDER - Sidump'r Trailer Co., Inc.'s motion for judgment as a matter of law is granted in part; RSG, Inc.'s, R GROUP, Inc.'s, and Randall S. Golden's claims for breach of contract in failing to develop the Tri dump'r, failing to provide a Tridump'r and failing to provide work space are dismissed. RSG, Inc.s, R GROUP, Inc.'s, and Randall S. Golden's motion for judgment as a matter of law is granted with respect to its claim for failure to deliver two Sidump'r Trailers and its claim for a declaration that they are entitled to payment of $600,000, plus interest, under the Escrow Fund, and denied in all other respects. Sidump'r Trailer Co., Inc.'s counterclaims fo r securities fraud, breach of warranty, fraudulent misrepresentation, and fraudulent concealment are dismissed. The parties' equitable claims are dismissed. The court accepts the jury's verdict on the submitted issues. A judgment in conformity with this opinion will issue this date. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
April 2, 2010 Opinion or Order Filing 278 ORDER that Golden's objections to jury instructions 268 are overruled; Golden's objections to deposition testimony 273 are sustained in part and overruled in part; Sidump'r's objections to deposition testimony 276 are sustained in part and overruled in part as ordered by Chief Judge Joseph F. Bataillon. (SED)
February 1, 2010 Opinion or Order Filing 260 MEMORANDUM AND ORDER - Plaintiffs/Counterdefendants' motion for leave to file amended declarations, 255 is denied as moot. Plaintiffs/Counterdefendants' motion to certify questions to the Nebraska Supreme Court 257 is denied. Defendant/countercalimant's motion to strike 246 is denied. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
January 31, 2010 Opinion or Order Filing 259 MEMORANDUM AND ORDER - Plaintiff/Counterdefendant's Motion in Limine to exclude the testimony of Dr. Ernest Goss 218 is denied. Defendant/Counterclaimant's Motion in Limine 228 is denied without prejudice to reassertion at trial. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
January 29, 2010 Opinion or Order Filing 258 MEMORANDUM AND ORDER - Defendant/Counterclaimant's motion for partial summary judgment 193 is granted. The Plaintiff/Counterdefendant's claim for a declaratory judgment that the noncompete clause is invalid and unenforceable is dismissed . Plaintiff/Counterdefendant's motion for summary judgment 196 is denied. Plaintiff/Counterdefendant's motion for oral argument 197 is denied. Defendant/Counterclaimant's objection and motion to strike the Second Declaration of Jennifer Thompson and all other declarations submitted by Plaintiffs 250 is denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (JAE, )
December 30, 2009 Opinion or Order Filing 238 ORDER granting 234 Motion to Extend time to file a reply brief re MOTION for Summary Judgment 196 . THEREFORE, IT IS ORDERED that plaintiffs motion to extend time to file a reply brief, 234 , is granted until January 11, 2010. Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
December 17, 2009 Opinion or Order Filing 227 ORDER granting 226 Motion to Extend; Defendant Sidump'r Trailer Company, Inc., shall have until December 28, 2009, to file its Brief in Opposition to Plaintiff's MOTION for Summary Judgment 196 . Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
November 24, 2009 Opinion or Order Filing 210 ORDER granting 207 the defendant's Motion to Extend time to answer plaintiff's brief, Filing No. 207, is granted until December 18, 2009. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
September 23, 2009 Opinion or Order Filing 178 ORDER. The pending Motion to Consolidate Cases 167 is deemed withdrawn pursuant to the "Joint Stipulation as to Preclusive Effect of Judgment" filed at Doc. 68 in related Case No. 8:09CV105. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
September 11, 2009 Opinion or Order Filing 177 ORDER granting Joint Motion to Extend Deadlines 167 . RSG, Inc., R Group, Inc. and Randall Golden are given until and including 9/30/2009 to answer or otherwise respond to Gemini's First Amended Complaint in Case No. 8:09CV105. Responses to Golden's pending motion to consolidate cases 167 shall be filed on or before 9/25/2009 in Cases Nos. 8:06CV507 and 8:09CV105. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
June 9, 2009 Opinion or Order Filing 157 FIFTH AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE. The parties' Stipulation 156 is granted. Jury Trial set for 11/16/2009 at 8:30 AM in Courtroom 1, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Pretrial Conference set for 10/22/2009 at 11:00 AM before Magistrate Judge F. A. Gossett. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
April 15, 2009 Opinion or Order Filing 154 ORDER. The consolidated planning conference in Cases Nos. 8:06CV507 and 8:09CV105 is continued to May 19, 2009 at 1:30 PM. Counsel for RSG, Inc. shall initiate the conference call to the court. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
March 24, 2009 Opinion or Order Filing 150 ORDER. Defendant's motion to extend the deadline to name substitute counsel 149 and plaintiffs' objection thereto 145 are denied as moot. Counsel for the parties shall contact the chambers of Magistrate Judge Gossett no later than 4/1 /2009 to schedule a telephonic status conference for the purpose of reviewing the preparation of the case to date and scheduling the case to trial. ( Case Management Deadline set for 4/1/2009.) Ordered by Magistrate Judge F. A. Gossett. (CLS, ) Modified on 3/24/2009 to reflect a copy of order was mailed to receiver (PCV, ).
March 3, 2009 Opinion or Order Filing 142 ORDER granting 141 Motion to Extend. IT IS ORDERED: 1. The defendants Request to Require Neb Civ R 16.2(a)(2)(F) Discovery Designations (Filing No. 49) is granted. 2. On or before May 8, 2009, each party shall provide to all other parties with th e following information regarding the evidence that it may present at trial other than solely for impeachment purposes: 1) The portions of each deposition, designated by page and line, that it intends to offer and 2) each discovery response of anothe r party it intends tooffer. Such designations and any objections thereto shall also be included in the final pretrial conference order. Objections not so disclosed, other than objections under Federal Rules of Evidence 402 and 403, shall be deemed waived unless excused by the court forgood cause shown. Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
March 2, 2009 Opinion or Order Filing 139 ORDER granting 130 Motion to Withdraw as Attorney; granting 131 Motion to Withdraw as Attorney. The defendant shall have substitute counsel enter an appearance on its behalf on or before March 23, 2009. If the defendant fails to have substitute counsel enter an appearance by that date the court may strike the answer and claims of the defendant and enter default. Moving counsel shall immediately serve a copy of this order on the defendant and file a certificate of service therefore. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
October 3, 2008 Opinion or Order Filing 97 THIRD AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting 96 Stipulation. IT IS ORDERED:The parties stipulation for a third amended order setting final schedule forprogression of the case (Filing No. 96) is granted as set forth below. Deposition deadline, 12/1/2008; Final Pretrial Conference, 1/16/2009 at 10:00a.m.; Jury Trial 2/17/2009. Ordered by Magistrate Judge Thomas D. Thalken. (PCV, ) Modified on 10/6/2008 to correct deposition deadline (PCV, ).
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