Factory Mutual Insurance Company v. Nebraska Beef, Inc. et al
Plaintiff: Factory Mutual Insurance Company
Defendant: Nebraska Beef, Inc. and South Omaha Investors Pack, L.L.C.
Case Number: 8:2009cv00159
Filed: May 7, 2009
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
County: Douglas
Presiding Judge:
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Thomas D. Thalken
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
December 22, 2011 Opinion or Order Filing 178 ORDER OF DISMISSAL WITH PREJUDICE - IT IS THEREFORE ORDERED that Plaintiff's Complaint and Defendants' Counterclaims, together with any and all claims and causes of action asserted in this matter or that could have been asserted in this matter, be and hereby are DISMISSED WITH PREJUDICE, each party to bear its own costs and attorneys fees. Ordered by Judge Joseph F. Bataillon. (TCL )
December 7, 2011 Opinion or Order Filing 176 ORDER - IT IS ORDERED that: On or before December 22, 2011, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to Honorable Joseph F. Bataillon, at bataillon@ned.uscourts.g ov, a draft order which will fully dispose of the case. If the case is being dismissed, 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, th is case (including all counterclaims and the like) may be dismissed without further notice. The trial previously scheduled is cancelled and all pending motions are terminated upon the representation that this case is settled. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
April 13, 2011 Opinion or Order Filing 121 ORDER granting Motion to Extend 120 . Telephone Conference set for 7/22/2011 at 10:00 AM by telephone before Magistrate Judge Thomas D. Thalken. All discovery regarding damages shall be extended from April 15, 2011 to July 15, 2011, to allow the d efendants additional time to provide all responsive documents ordered produced by this court. The trial date scheduled for June 13, 2011, and the pretrial conference scheduled for May 13, 2011, are canceled and will be re-scheduled upon completion o f discovery and mediation between the parties. The court will hold a telephone conference on July 22, 2011, at 10:00 a.m. The plaintiff's counsel shall initiate the status conference with the undersigned magistrate judge and participating counsel. Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
March 10, 2011 Opinion or Order Filing 118 ORDER - Trial of this matter regarding damages will commence before a jury and Chief Judge Joseph F. Bataillon on June 13, 2011, in Omaha, Nebraska. The Final Pretrial Conference with the undersigned magistrate judge is set for May 13, 2011, at 11:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
February 22, 2011 Opinion or Order Filing 113 ORDER - The plaintiff's Motion to Compel Production of Documents and Answers to Interrogatories and Requests for Admission (Filing No. 97 ) is granted. However, the defendants need not provide supplemental answers and responses with regard to Interrogatory Nos. 8 and 15, and Request for Production No. 40. The defendants shall have to on or before March 4, 2011, to serve supplemental answers and responses, as set forth herein to Interrogatory No. 13, Request for Admission Nos. 9, 10, 14- 17, 19, and 20, and Request for Production Nos. 39, 41, 43, 44, and 45, and to show cause why sanctions, including the award of attorneys fees under Rule 37(a), should not be imposed. The plaintiff's Motion for Extension of Discovery Deadlines (Filing No. 108 ) is granted. The parties shall have an extension of time until April 15, 2011, to complete discovery regarding damages. The telephone planning conference remains scheduled for March 10, 2011, at 10:00 a.m., for the purpose of sch eduling a pretrial conference and to schedule a damages hearing before Chief Judge Bataillon. Counsel for the plaintiff shall initiate the telephone conference. Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely object may constitute a waiver of any objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
September 27, 2010 Opinion or Order Filing 94 MEMORANDUM AND ORDER denying 88 Motion for Reconsideration. Ordered by Chief Judge Joseph F. Bataillon. (GJG)
June 16, 2010 Opinion or Order Filing 91 ORDER - The final pretrial conference scheduled for July 16, 2010, and the trial scheduled for August 16, 2010, are cancelled. Five business days after the order on plaintiff's motion for reconsideration, plaintiff's counsel shall arrange such a telephone conference if necessary. Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
May 5, 2010 Opinion or Order Filing 87 ORDER DISMISSING DEFENDANTS' BAD FAITH COUNTERCLAIM WITHOUT PREJUDICE - IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that defendants' bad faith counterclaim is dismissed without prejudice, with each party to pay their own costs and with complete record waived. Ordered by Chief Judge Joseph F. Bataillon. (TCL )
April 15, 2010 Opinion or Order Filing 83 ORDER - Defendants' Motion to Quash 69 is denied. Parties shall continue with discovery pending disposition on the summary judgement motions 41 50 pending with this court. Defendants shall have to on or before May 7, 2010 to make the Nebr aska Beef plant available for inspection by plaintiff or plaintiff's designated representative. The parties shall have to on or before May 21, 2010 to find a mutually agreeable time to depose Geise. Defendants' request for oral argument is denied. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )
January 19, 2010 Opinion or Order Filing 63 ORDER that the defendants' appeal from the order of the magistrate judge 27 is denied. Ordered by Chief Judge Joseph F. Bataillon. (CJP)
December 23, 2009 Opinion or Order Filing 55 ORDER granting 53 Motion to Extend to File Reply in Support of Motion for Summary Judgment 41 . Plaintiff shall file its reply brief on or before January 14, 2010. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
October 20, 2009 Opinion or Order Filing 33 ORDER that Plaintiff's Second Claim for Relief 32 is dismissed with prejudice. Ordered by Chief Judge Joseph F. Bataillon. (CJP)
September 2, 2009 Opinion or Order Filing 25 ORDER granting 12 Motion to Strike Request for Punitive Damages contained in Counterclaim 8 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
July 6, 2009 Opinion or Order Filing 16 ORDER granting 15 Motion to Extend time. Counsel shall file a joint status report concerning the status of this case on August 3, 2009, such report to include counsel's position(s) concerning pending deadlines. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Plaintiff: Factory Mutual Insurance Company
Represented By: Russell E. Yates
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Defendant: Nebraska Beef, Inc.
Represented By: William M. Lamson, Jr.
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Defendant: South Omaha Investors Pack, L.L.C.
Represented By: William M. Lamson, Jr.
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