Oppliger et al v. United States of America
| 8:2006cv00750 |
| December 11, 2006 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Taxes |
| 28 U.S.C. ยง 7422 Appeal from Administrative Decision |
| None |
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Filing
74
ORDER granting (55) Motion for Protective Order in case 8:06-cv-00750-JFB-TDT; granting (32) Motion for Protective Order in case 8:08-cv-00530-JFB-TDT. The United States shall refrain from any questioning of Mr. Behrns about the Gardner correspondenc e and return or destroy any copies of the Gardner correspondence in its possession and shall file a notice of compliance on or before February 26, 2010. Member Cases: 8:06-cv-00750-JFB-TDT, 8:08-cv-00530-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
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Filing
69
ORDER - The United States' Motion for Extension of Remaining Deadlines of Progression Order (Filing No. 67 in case No. 8:06CV750; Filing No. 46 in case No. 8:08CV530) is granted as follows. The remaining deadlines contained in the February 6, 2009, Order Setting Final Schedule for Progression of Case and May 8, 2009, Amended Order are stayed. The pretrial conference and trial are cancelled. The parties shall have ten (10) days from the date the court rules on the pending motion for s ummary judgment in which to schedule a telephone planning conference with the court, if necessary. Counsel for James H. Oppliger and Gayle Oppliger shall contact the chambers of the undersigned magistrate judge within such time period to schedule th e telephone planning conference. James H. Oppliger and Gayle Oppliger shall have to on or before December 21, 2009, to respond to the United States' Motion for Summary Judgment. The United States shall have to on or before January 4, 2010, to file a reply. Despite the stay of this case, the United States shall respond on or before December 14, 2009, to discovery requests served on November 13, 2009. Member Cases: 8:06-cv-00750-JFB-TDT, 8:08-cv-00530-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
56
ORDER - The movants shall have to on or before November 10, 2009, to file the correspondence for which they seek application of the attorney-client privilege, under seal, and a brief in support of their motion. The respondents shall have to on or be fore November 18, 2009, to file a response to the motion. The deponent, Richard Behrns, need not respond to any questions posed regarding the subject correspondence, if at all, until after resolution of the parties' dispute. In the event, the movants' motion is denied they will be responsible for costs to include the reasonable expenses associated with reconvening Mr. Behrns' deposition. Member Cases: 8:06-cv-00750-JFB-TDT, 8:08-cv-00530-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
35
ORDER - The Unopposed Motion to Consolidate Action and to Enter a New Progression Order 33 (In case No. 8:06cv750) is granted. James H. Oppliger, et al. v. United States of America, 8:06CV750, and United States of America v. James H. Oppliger, et al., 8:08CV530 are hereby consolidated for all purposes. Counsel shall conduct discovery as if these consolidated cases are part of a single case. All future filings shall contain the consolidated case caption, which appears on this order, and shal l be served on counsel in both cases as described in this Order. A telephone conference with the undersigned magistrate judge will be held on February 6, 2009, at 9:30 a.m. for the purpose of reviewing the preparation of the case to date and the sch eduling of the case to trial. Counsel for the United States of America shall initiate the call. The parties shall file a joint supplemental Rule 26(f) report no later than one working day prior to the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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