Seger et al v. Ernest-Spencer Metals
| Twila Seger and Garey E. Seger |
| Ernest-Spencer Metals |
| 8:2008cv00075 |
| February 14, 2008 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Dodge |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Filing
565
ORDER - The Joint Motion of the Plaintiffs and Intervenor Liberty Mutual 564 for an order authorizing disbursement of funds is granted. Within ten (10) days of this Order, the Clerk of the United States District Court for the District of Nebraska shall withdraw and disburse the Settlement Funds previously deposited with the Clerk and any interest realized from the investment of said Settlement Funds as was directed by the court's Memorandum and Order of October 6, 2009 226 . Prior to d isbursement, and in accordance with Local Rule 67.1(c), the Clerk is authorized to deduct a fee equal to ten (10) percent of the interest earned on the Settlement Funds. The remaining funds shall be paid by check payable to Plaintiffs Garey E. Seger and Twila Seger and their counsel, McGrath, North, Mullin & Kratz, PC LLO. Ordered by Chief Judge Joseph F. Bataillon. (copy to financial) (KBJ)
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Filing
557
ORDER - On or before September 27, 2010, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to Chief Judge Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order which will fully disposeof the case as to the defendant Roundtable Engineering Solutions, LLC. The stipulation shall comply with Fed. R. Civ. P. 41(a) and shall state whether the dismissal is with or without prejudice. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice as to the relevant parties. Upon the representation of settlement, the pretrial conference, previously scheduled for September 10, 2010, at 10:00 a.m ., is cancelled, and a telephone conference between the plaintiffs and the intervenor Liberty Mutual Insurance will be held in its place with counsel for the plaintiffs initiating the call. Absent reassertion by an interested party, the following mo tions are terminated upon the representation that this case is settled: the plaintiffs' motion for summary judgment 402 , motion in limine 461 ; Roundtable Engineering Solutions, LLC's motion for summary judgment 376 , and motions in limine 405 , 422 , 432 , 439 , and 443 . Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
556
ORDER - On or before September 27, 2010, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to Chief Judge Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case as to these three defendants: Burns & McDonnell Engineering Company, Inc., Kirk Welding Supply, Inc., and Tank Connection, LLC. The stipulation shall comply with Fed. R. Civ. P. 41(a) and shall state whether the dismissal is with or without prejudice. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice as to the relevant parties. The settling defendants need not participate in the pretrial conference, trial, or trial related deadlines previously scheduled, upon the representation of settlement. Absent reassertion by an interested party, the following motions are terminated upon the representation that this case is settled as to the mentioned defendants: Tank Connection, LLC's motions in limine 447 , and 451 , motion for summary judgment 467 ; Kirk Welding Supply, Inc.'s motion for summary judgment 421 , motions in limine 455 , and 510 , and motion to str ike 538 ; and Burns & McDonnell Engineering Company, Inc.'s motion to join the motion to strike 546 , motions for summary judgment 409 , and 458 and motions in limine 412 , 415 , and 418 . Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
555
ORDER denying 552 Motion for Reconsideration. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
532
ORDER granting 493 Motion for Reconsideration; overruling 496 Objection. In light of the information provided and being fully advised in the premises, Kirk's motion to serve subpoenas 393 is hereby granted and the court's order dated June 7, 2010 474 is hereby set aside. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
527
ORDER - The Motion for Leave to file corrected brief and supplemental index of evidence 523 is granted. Plaintiffs are allowed to file their "Corrected Plaintiffs Memorandum Brief in Opposition to Motions for Summary Judgment of Defendants Burns & McDonnell Engineering Company, Inc. and Tank Connection LLC" and a Supplemental Index of Evidence. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
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Filing
474
ORDER - Defendant Kirk's Motion for Leave to Serve Subpoenas 393 is denied and the plaintiffs' objection 396 is sustained. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
472
ORDER - The Plaintiffs' motion to strike 373 is denied. The parties shall have to on or before June 18, 2010, to find a mutually agreeable time to depose Lee. ADMONITION Pursuant to NECivR 72.2 any appeal of this Order shall be filed with th e Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely appeal may constitute a waiver of any objection to the Order. The brief in support of any appeal shall be filed at the time of filing such appeal. Failure to file a brief in support of any appeal may be deemed an abandonment of the appeal. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
377
ORDER that defendant Roundtable's Motion to Compel 371 is granted to the extent that Mr. Seger shall provide either his Medicare Health Insurance Claim Number or his Social Security Number, and other identifying information, in answer to the Interrogatories. Mr. Seger shall have until on or before May 5, 2010 to respond to the Interrogatories. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )
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Filing
355
ORDER - The Joint Motion for Extension of Case Progression 352 is granted. The deadline for the disclosure of plaintiffs' rebuttal expert witnesses is extended until April 14, 2010. The deadline for completion of depositions is extended until April 30, 2010. The deadline for Daubert motions is extended until May 14, 2010. The deadline for motions for summary judgment is extended until May 14, 2010. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
314
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE. The Motios to Extend 310 and 311 and the Objections 312 and 313 are moot. Deposition Deadline set for 4/15/10. Final Pretrial Conference set for 9/10/2010 at 10:00 AM before Magistrate Judge Thomas D. Thalken. Jury Trial set for the week of 10/18/2010 before Chief Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
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Filing
288
ORDER granting 213 Motion to Compel; granting in part and denying in part 230 Motion to Compel. On or before February 17, 2010, absent an objection to this order pursuant to NECivR 72.2, Valmont shall supplement its responses to requests for production. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
272
ORDER granting in part and denying in part 268 Motion to Extend; sustaining, in part, 271 Objection. The Scheduling Order 104 and Text Order 224 are amended to extend expert disclosure and testing deadlines. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
241
ORDER - Valmont's Motion 240 for Leave to Withdraw Previously Filed Exhibit "D" in Filing No. 239 and leave to file Substituted Exhibit "D" is granted. The Court shall consider the Substituted Exhibit submitted and served by Valmont with its Motion for Leave to file the Substituted Exhibit as if filed originally with Filing No. 239 . Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
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Filing
227
ORDER OF DISMISSAL- Pursuant to a settlement agreement; The plaintiffs' claims against defendant Ernest-Spencer Metals, Inc. are hereby dismissed, with prejudice. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
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Filing
224
CORRECTED ORDER - Tank Connections, LLC's Motion for Extension of Case Progression 211 is granted as set forth in this Order. A telephone planning conference with the undersigned magistrate judge will be held February 19, 2010, at 10:30 a.m. Central Standard Time. Plaintiffs' counsel shall initiate the telephone conference. The defendant Burns & McDonnell Engineering Company, Inc.'s Motion to Compel 213 and any subsequently filed motion to compel are hereby scheduled for he aring on November 5, 2009, at 10:30 a.m. in Courtroom No. 7(Omaha). The defendant Burns & McDonnell Engineering Company, Inc. shall serve the non-party Valmont Industries, Inc. will a copy of its motion, brief, and indexes of evidence, and this order and file a certificate of such service forthwith. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
223
ORDER granting 211 Motion for Extension of Case Progression as set forth within the order. A telephone planning conference with the undersigned magistrate judge will be held February 19, 2009, at 10:30 a.m. Central Standard Time. Plaintiffs counse l shall initiate the telephone conference. The defendant Burns & McDonnell Engineering Company, Inc.s Motion to Compel (Filing No. 213 ) and any subsequently filed motion to compel are hereby scheduled for hearing on November 5, 2009, at 10:30 a.m. in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The defendant Burns & McDonnell Engineering Company, Inc. shall serve the non-party Valmont Industries, Inc. will a copy of its motion, brief, and indexes of evidence, and this order and file a certificate of such service forthwith. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
125
ORDER - Defendant RTEs motion to withdraw (Filing No. 122 ) is granted in full. Defendant RTEs motion to dismiss a party (Filing No. 70 ) is denied as moot. Defendant RTE is ordered to file an answer to the plaintiffs amended complaint (Filing No. 49 ) on or before April 16, 2009. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
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Filing
79
ORDER granting 78 the Plaintiff's Motion to Extend to respond to the pending Motion to Dismiss 70 . The Plaintiff's shall be granted an additional thirty days to January 15, 2009 to file their brief in opposition to the Motion to Dismiss of Roundtable Engineering Solutions, LLC. Ordered by Chief Judge Joseph F. Bataillon. (MKR) Modified on 12/9/2008 to correct typo (MKR).
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Filing
69
ORDER - Telephone Planning Conference set for 1/14/2009 at 10:00 AM before Magistrate Judge Thomas D. Thalken. Plaintiff's counsel shall initiate the telephone conference. Mandatory Disclosures described in Fed. R. Civ. P. 26(a)(1) shall be served by January 2, 2009. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )
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Filing
54
ORDER that the telephone planning conference with the undersigned magistrate judge is continued to November 21, 2008 at 10:00 a.m. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (MKR
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