Lewton et al v. Divingnzzo et al
| William Lewton, Adrianne Stang, Jennifer Holtberg, Rob Formanek, Rita Watson and Tammy Jones |
| Dianna Divingnzzo, Sam Divingnzzo, William Bianco, Christopher Perrone and Bianco, Perrone & Stroh, LLC |
| 8:2009cv00002 |
| January 2, 2009 |
| US District Court for the District of Nebraska |
| Other Statutory Actions Office |
| Sarpy |
| F. A. Gossett |
| Plaintiff |
| Federal Question |
| 18:2520 Interception of Electronic Communication |
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Filing
183
ORDER AND FINAL JUDGMENT pursuant to Memorandum and Order 166 - IT IS ORDERED: Judgment is hereby entered in favor of Plaintiffs William Duane Lewton, Adrianne Stang, Jennifer Holtberg, Rob Formanek, Rita Watson and Tammy Jones (collectively referr ed to herein as "Plaintiffs") against Defendants Dianna Divingnzzo, Sam M. Divingnzzo and William Bianco. Judgment is hereby entered in favor of Defendants Christopher Perrone and Bianco, Perrone & Stroh, LLC against Plaintiffs, providing that Plaintiffs take nothing and their complaint as to these defendants is dismissed with prejudice. Pursuant to 18 U.S.C. § 2520(c)(2)(B), Plaintiffs are each awarded statutory damages of $10,000.00 as against Defendant Dianna Divingnzzo. Pursuant to 18 U.S.C. § 2520(c)(2)(B), Plaintiffs are each awarded statutory damages of $10,000.00 as against Sam M. Divingnzzo. William Bianco is not assessed any statutory damages and punitive damages are not awarded in this matter. Judg ment is hereby entered in favor of Plaintiffs against Defendants Dianna Divingnzzo and Sam Divingnzzo, jointly and severally, for attorney's fees in the amount of $68,710.50 and costs in the amount of $6,217.12. Ordered by Magistrate Judge F.A. Gossett. (TEL)
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Filing
181
MEMORANDUM AND ORDER - Dianna Divingnzzo and Sam Divingnzzo's Motion to Amend/Alter Judgment (filing 167 ) is denied. Plaintiffs' Motion for Attorney Fees and Costs (filing 174 ) is granted, in part, and denied, in part. Plaintiffs are awarded attorney's fees in the amount of $68,710.50 and costs in the amount of $6,217.12 against Defendants Dianna Divingnzzo and Sam Divingnzzo, for a total award of $74,927.62. Plaintiffs' request for attorney's fees as to Defendants William Bianco, Christopher Perrone and Bianco, Perrone & Stroh, LLC is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
176
ORDER - Plaintiffs' Bill of Costs (Doc. 173 ) is hereby stricken, without prejudice to refiling in accordance with NECivR 54.1 after a final judgment has been entered. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
166
MEMORANDUM AND ORDER - Divingnzzos' Amended Motion for Summary Judgment 133 is denied; The attorney defendants' motion for summary judgment 130 is granted as to Christopher Perrone and Bianco, Perrone & Stroh, LLC; Plaintiffs' Moti on for partial summary judgment 135 is granted as to the plaintiffs' claims under 18 U.S.C. § 2520(a). Pursuant to 18 U.S.C. § 2520(c)(2)(B), plaintiffs William Duane Lewton, Adrianne Stang, Jennifer Holtberg, Rob Formanek, Rita Wats on and Tammy Jones are each awarded statutory damages of $10,000 as against defendant Dianna Divingnzzo. Pursuant to 18 U.S.C. § 2520(c)(2)(B), plaintiffs William Duane Lewton, Adrianne Stang, Jennifer Holtberg, Rob Formanek, Rita Watson a nd Tammy Jones are each awarded statutory damages of $10,000 as against defendant Sam M. Divingnzzo. The court declines to award punitive damages under 18 U.S.C. § 2520(b)(2). Pursuant to 28 U.S.C. § 1367(c), this court declines to e xercise Supplemental Jurisdiction over the plaintiffs' state law claims. Plaintiffs' claims for violations of Neb. Rev. Stat. § 86-2,103 et seq., invasion of privacy, and mental suffering, are dismissed without prejudice to the plaint iffs seeking relief in state court. Plaintiffs' motion in limine 115 , Divingnzzos' Motion to Overrule Plaintiff's Objections to Subpoenas 112 and plaintiffs' Motion to Compel and for Discovery Order 156 are denied as moot. Pursuant to 18 U.S.C. § 2520(b)(3), the plaintiffs may recover "a reasonable attorney's fee and other litigation costs reasonably incurred" in the prosecution of their claims under the Federal Wiretap Act. Plaintiffs are granted leave to file a Motion for Attorney Fees, to be filed no later than 3/15/2011. The defendants shall respond within the time allowed by NECivR 7.0.1(b)(1)(B). A separate judgment will be entered after the matter of attorney's fees is decided.Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
113
ORDER (Briefing Schedule) regarding MOTION TO OVERRULE PLAINTIFF'S OBJECTIONS TO SUBPOENAS BEING ISSUED FOR PATRICIA WICKS, CHRISTINE BACCARI, STEPHAINE PETERSON, AND LAYNE PREST AND BRIEF 112 filed by Sam M. Divingnzzo, Dianna Divingnzzo. Plaintiffs' response is due 11/30/2010 and shall include a brief in support of their objections to the proposed subpoenas and an evidence index containing copies of the subpoenas at issue. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
110
ORDER denying 108 Motion to Compel. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
105
ORDER granting 100 Third Joint Motion to Amend Order Setting Final Schedule for Progression of Case. The Final Progression Order (Doc. 49 , as amended by Docs. 76 & 98 ), is further amended as requested. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
98
ORDER AMENDING PRETRIAL AND TRIAL DATES. On the court's own motion, the Pretrial Conference is rescheduled to 3/25/2011 at 09:30 AM in Chambers before Magistrate Judge F. A. Gossett. The Jury Trial is rescheduled to 4/13/2011 at 09:00 AM in Courtroom 6, Federal Building, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F. A. Gossett. All other deadlines set out in the court's Amended Order 94 remain in effect. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
97
ORDER denying 60 Divingnzzos' Motion for an order declaring statutes unconstitutional. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
94
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 92 Motion to Amend. Deposition deadline set for 9/15/2010. Final pretrial conference set for 12/16/2010 at 10:00 A.M. in chambers. The jury trial in Courtroom 6 before Magistrate Judge F. A. Gossett is set for 2/8/2011 at 9:00 A.M.Ordered by Magistrate Judge F. A. Gossett. (ARL, )
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Filing
82
ORDER regarding Response 80 and Index, 81 filed by Sam M. Divingnzzo, Dianna Divingnzzo. Defendants, Dianna Divingnzzo and Sam Divingnzzo, have waived all objections to the Interrogatories and Requests for Production of Documents that are the su bject of plaintiffs' Motion to Compel 65 . Defendants, Dianna Divingnzzo and Sam Divingnzzo, are given until the close ofbusiness on 5/14/2010 to serve complete responses to all of the plaintiff's interrogatories and requests for producti on of documents. The supplemental responses must be signed and must, in all respects, comply with the requirements of Fed. R. Civ. P. 33 and 34. The Divingnzzos's amended responses to the document requests designated in plaintiffs' Motionto Compel 65 shall specifically indicate (a) whether responsive documents do or do not exist and (b) whether all responsive documents have been produced after a diligent and good faith effort to locate and identify responsive materials. Defendants, DiannaDivingnzzo and Sam Divingnzzo, shall file a Notice of Service, showing full compliance with paragraph 2 no later than 5/18/2010. Defendants, Dianna Divingnzzo and Sam Divingnzzo, are given until 6/1/2010to file a Response to this Order and the Memorandum and Order of April 21, 2010 74 showing cause why the plaintiffs should not be awarded reasonable costs and attorney's fees they incurred in bringing their motion to compel 65 , in accordance with Fed. R. Civ. P. 37(a)(4)(A). Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
76
ORDER granting 75 Motion to Amend. Deadlines regarding expert witnesses and motions in limine are extended, as requested, and the Final Progression Order 49 is amended accordingly. All other progression order deadlines remain in effect. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
74
ORDER granting 65 plaintiff's Motion to Compel Discovery. Defendants, Dianna Divingnzzo and Sam Divingnzzo, have waived all objections to the interrogatories and Requests for Production of Documents that are the subject of this motion. Divin gnzzos are given until the close of business on 5/14/2010 to serve complete responses to all of the plaintiff's interrogatories and requests for production of documents. The responses must be signed and must, in all respects, comply with the re quirements of Fed. R. Civ. P. 33 and 34. Divingnzzos's amended responses to the document requests shall specifically indicate (a) whether responsive documents do or do not exist and (b) whether all responsive documents have been produced after a diligent and good faith effort to locate and identify responsive materials. Divingnzzos are given until 6/1/2010 to file a Response to this Memorandum and Order, showing cause why the plaintiffs should not be awarded reasonable costs and attorney's fees incurred in bringing this motion to compel, in accordance with Fed. R. Civ. P. 37(a)(4)(A). Show Cause deadline set for 6/1/2010. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
55
ORDER granting 33 and 36 , Motions for direction on how to proceed, in that the plaintiffs are given until 8/31/2010 (the summary judgment motion deadline) to file a motion addressing all of their constitutional law challenges. Any such motion shall fully comply with all requirements of NECivR 7.0.1. Any issues raised in the motion, but not fully briefed at the time the motion is filed, will be deemed abandoned. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
29
ORDER. The deadlines set in the original Initial Progression Order 15 are extended as requested in the Amended Report of Parties' Planning Conference 25 . The next status conference will be held on November 9, 2009 at 11:00 AM by telephone call initiated by counsel for the plaintiffs, as previously ordered. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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