United States of America v. Roemer et al
| United States of America |
| Howard S. Roemer, Darlene A. Roemer, Ag Services of America, Howard Roemer, Darlene Roemer, Michael J. Roemer, Krissa M. Roemer, Melissa Polinski, First State Bank and Trust Company, RABO Ag Services of America, RABO Ag Services of America, Inc., Cornerstone Bank, N. A., Michael D. Butterfield, Bruce D. Butterfield, Phillip S. Butterfield, Kathleen L. Drab and Lyle W. Butterfield |
| 8:2008cv00265 |
| June 26, 2008 |
| US District Court for the District of Nebraska |
| Real Property: Foreclosure Office |
| Adams |
| Richard G Kopf |
| David L Piester |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| None |
Docket Report
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Filing 45
JUDGMENT - Pursuant to the plaintiff's motion for dismissal with prejudice (filing #44 ) and Fed. R. Civ. P. 41, IT IS ORDERED that the above-captioned case is dismissed with prejudice, with each party to pay his, her or its own costs. Ordered by Judge Richard G. Kopf. (LKH)
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| Filing 44 MOTION to Dismiss by Attorney Robert L. Homan on behalf of Plaintiff United States of America.(Homan, Robert) |
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Filing 43
ORDER - This matter is before the court on Plaintiff's request that this foreclosure action be stayed until June 10, 2009, to determine whether settlement can be reached (filing #42 ). The request shall be granted. If such matter is not resolved by that date, Plaintiff shall provide the court a status update as to this action. Ordered by Judge Richard G. Kopf. (JAB)
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| Filing 42 STATUS REPORT by Attorney Robert L. Homan on behalf of Plaintiff United States of America.(Homan, Robert) |
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Filing 41
ORDER - This matter is before the court on Plaintiffs request that this foreclosure action be stayed until May 11, 2009, to determine whether settlement can be reached (filing #39 ). The request shall be granted. This matter is stayed until May 11, 2009. If such matter is not resolved by that date, Plaintiff shall provide the court a status update as to this action. Ordered by Judge Richard G. Kopf. (JAB)
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| Filing 40 MOTION to Dismiss Claims and Parties by Attorney David A. Domina on behalf of Defendants Michael D. Butterfield, Bruce D. Butterfield, Phillip S. Butterfield, Kathleen L. Drab, Lyle W. Butterfield, Counter Claimants Michael D. Butterfield, Bruce D. Butterfield, Phillip S. Butterfield, Kathleen L. Drab, Lyle W. Butterfield.(Domina, David) |
| Filing 39 STATUS REPORT by Attorney Robert L. Homan on behalf of Plaintiff United States of America.(Homan, Robert) |
| Filing 38 DISCLAIMER by Attorney David H. Fisher on behalf of Defendant Ag Services of America.(Fisher, David) |
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Filing 37
ORDER - Plaintiff's counsel has requested that Plaintiff be given until April 13, 2009, to submit a proposed judgment and decree of foreclosure to the court. Plaintiff's request shall be granted. Plaintiff shall have until April 13, 2009, to submit a proposed judgment and decree of foreclosure to the court or, alternatively, provide the court, by affidavit, with a status update as to the foreclosure action. Ordered by Judge Richard G. Kopf. (JAB)
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| Filing 36 NOTICE of Serving Discovery Requests by Attorney David A. Domina on behalf of Defendants Michael D. Butterfield, Bruce D. Butterfield, Phillip S. Butterfield, Kathleen L. Drab, Lyle W. Butterfield, Counter Claimants Michael D. Butterfield, Bruce D. Butterfield, Phillip S. Butterfield, Kathleen L. Drab, Lyle W. Butterfield (Domina, David) |
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Filing 35
ORDER granting #34 Motion to Stay Rule 26 Planning Conference Report. The requirement for filing the Rule 26 report is stayed pending entry of consent judgment, or until further order. Ordered by Magistrate Judge David L. Piester. (JAB)
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| Filing 34 MOTION to Stay Rule 26 Parties' Planning Conference Report #31 by Attorney Robert L. Homan on behalf of Plaintiff United States of America.(Homan, Robert) |
| Filing 33 INDEX in support of MOTION for Default Judgment against Howard S. Roemer a/k/a Howard Roemer, Darlene A. Roemer a/k/a Darlene Roemer, Michael J. Roemer, Krissa M. Roemer and Melissa Polinski #32 by Attorney Robert L. Homan on behalf of Plaintiff United States of America. (Attachments: #1 Affidavit, #2 Declaration)(Homan, Robert) |
| Filing 32 MOTION for Default Judgment against Howard S. Roemer a/k/a Howard Roemer, Darlene A. Roemer a/k/a Darlene Roemer, Michael J. Roemer, Krissa M. Roemer and Melissa Polinski by Attorney Robert L. Homan on behalf of Plaintiff United States of America.(Homan, Robert) |
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Filing 31
SCHEDULING PACKET Rule 26 Meeting Report Deadline set for 12/1/2008. Ordered by Magistrate Judge David L. Piester. (CCB)
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| Filing 30 ANSWER to Complaint by Attorney Bradley D. Holtorf on behalf of Defendant First State Bank and Trust Company (Attachments: #1 Exhibit Deed of Trust)(Holtorf, Bradley) |
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Filing 29
ORDER regarding #28 Motion To File An Answer Out-of-time. IT IS ORDERED: The motion of The First State Bank & Trust Company of Fremont, Nebraska, to file answer out of time, filing no. #28 , is granted. The answer shall be filed forthwith. Ordered by Magistrate Judge David L. Piester. (LKL)
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| Filing 28 MOTION of Defendant, First State Bank & Trust Company of Fremont, Nebraska, To File An Answer to the Complaint Out-of-time regarding Complaint, #1 by Attorney Bradley D. Holtorf on behalf of Defendant First State Bank and Trust Company.(Holtorf, Bradley) |
| Filing 27 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 Cornerstone Bank, f/k/a Cornerstone Bank, N.A. by Attorney Jason D. Mielak on behalf of Counter Claimant Cornerstone Bank, N. A., Defendant Cornerstone Bank, N. A..(Mielak, Jason) |
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Filing 26
ORDER granting #24 Motion for Clerk's Entry of Default. Defendants, Howard S. Roemer a/k/a Howard Roemer; Darlene A. Roemer a/k/a Darlene Roemer; Michael J. Roemer; Krissa M. Roemer; Melissa Polinoski and First State Bank and Trust Company of Fremont, Nebraska, are in default of this action for failure to plead or otherwise defend as required by law, default is hereby entered against the said Defendants as provided by Rule 55(a) of the Federal Rules of Civil Procedure. Ordered by Deputy Clerk. (Copy mailed to pro se parties)(JAB)
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| Filing 25 INDEX in support of MOTION for Clerks Entry of Default against Howard S. Roemer a/k/a Howard Roemer, Darlene A. Roemer a/k/a Darlene Roemer, Michael J. Roemer, Krissa M. Roemer, Melissa Polinoski and First State Bank and Trust Company of Fremont, Nebraska #24 by Attorney Robert L. Homan on behalf of Plaintiff United States of America. (Attachments: #1 Declaration)(Homan, Robert) |
| Filing 24 MOTION for Clerks Entry of Default against Howard S. Roemer a/k/a Howard Roemer, Darlene A. Roemer a/k/a Darlene Roemer, Michael J. Roemer, Krissa M. Roemer, Melissa Polinoski and First State Bank and Trust Company of Fremont, Nebraska by Attorney Robert L. Homan on behalf of Plaintiff United States of America.(Homan, Robert) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent RABO Agrifinance, Inc. for Ag Services of America. by Attorney David H. Fisher on behalf of Defendants Ag Services of America, RABO Agrifinance, Inc..(Fisher, David) |
| Filing 22 RABO AGRIFINANCE, INC. REPLY to Counterclaim of Butterfield Interes and Cornerstone Bank by Attorney David H. Fisher on behalf of Defendant Ag Services of America. (Fisher, David) |
| Filing 21 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Ag Services of America. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(BMH, ) |
| Filing 20 ANSWER to Complaint BY RABO AGRIFINANCE, INC. by Attorney David H. Fisher on behalf of Defendant Ag Services of America(Fisher, David) |
| Filing 19 REPLY to Counterclaim of Defendants Butterfield Interests and Defendant Cornerstone Bank by Attorney Robert L. Homan on behalf of Plaintiff United States of America. (Homan, Robert) |
| Filing 18 Cornerstone Bank ANSWER to Complaint, COUNTERCLAIM against United States of America by Attorney Jason D. Mielak on behalf of Defendant Cornerstone Bank, N. A., Plaintiff United States of America, Counter Defendant United States of America(Mielak, Jason) |
| Filing 17 ANSWER to Complaint, COUNTERCLAIM of Butterfield Interests against United States of America by Attorney David A. Domina on behalf of Defendants Michael D. Butterfield, Bruce D. Butterfield, Phillip S. Butterfield, Kathleen L. Drab, Lyle W. Butterfield, Plaintiff United States of America (Attachments: #1 Exhibit Motion and Stipulation for Dismissal, #2 Exhibit Order, #3 Exhibit Amendment Plan of Reorganization)(Domina, David) |
| Filing 16 WAIVER OF SERVICE Returned Executed upon Kathleen L. Butterfield f/k/a defendant Kathleen L. Drab. Waiver sent on 8/6/2008. (Homan, Robert) |
| Filing 15 WAIVER OF SERVICE Returned Executed upon defendant Darlene A. Roemer. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 14 WAIVER OF SERVICE Returned Executed upon defendant Howard S. Roemer. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 13 WAIVER OF SERVICE Returned Executed upon Bruce D. Butterfield, Individually. Waiver sent on 06/30/2008. (Homan, Robert) |
| Filing 12 WAIVER OF SERVICE Returned Executed upon as Personal Representative of the Douglas R. Butterfield Estate, defendant Bruce D. Butterfield. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 11 WAIVER OF SERVICE Returned Executed upon defendant Lyle W. Butterfield. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 10 WAIVER OF SERVICE Returned Executed upon defendant Krissa M. Roemer. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 9 WAIVER OF SERVICE Returned Executed upon defendant Michael J. Roemer. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 8 WAIVER OF SERVICE Returned Executed upon defendant Michael D. Butterfield. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 7 WAIVER OF SERVICE Returned Executed upon defendant Cornerstone Bank, N.A.. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 6 WAIVER OF SERVICE Returned Executed upon defendant Ag Services of America. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 5 WAIVER OF SERVICE Returned Executed upon defendant Phillip S. Butterfield. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 4 WAIVER OF SERVICE Returned Executed upon defendant Melissa Polinski. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 3 WAIVER OF SERVICE Returned Executed upon defendant First State Bank and Trust Company. Waiver sent on 6/30/2008. (Homan, Robert) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Judge Richard G. Kopf and Magistrate Judge David L. Piester assigned. (TCL) |
| Filing 1 COMPLAINT against First State Bank and Trust Company of Fremont, Nebraska, Ag Services of America, Cornerstone Bank, N.A., Michael D. Butterfield, Bruce D. Butterfield, Phillip S. Butterfield, Kathleen L. Drab, Lyle W. Butterfield, Howard S. Roemer, Darlene A. Roemer, Michael J. Roemer, Krissa M. Roemer, Melissa Polinski, by Attorney Robert L. Homan on behalf of United States of America (Attachments: #1 Exhibits A-I, #2 Exhibits J-O)(Homan, Robert) |
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