INGWERSEN v. PLANET GROUP INC et al
| DAVID D INGWERSEN |
| PLANET GROUP INC and West Partners LLC |
| 8:2009cv00249 |
| July 23, 2009 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Douglas |
| F. A. Gossett |
| Thomas D. Thalken |
| Plaintiff |
| 28 U.S.C. ยง 1391 Personal Injury |
| Plaintiff |
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Filing
195
ORDER - The parties' Joint Stipulation for Dismissal with Prejudice (Filing No. 194 ) is approved. This action, Case No. 8:09CV249, is dismissed with prejudice. The parties will pay their own costs and attorney fees. Ordered by Judge Laurie Smith Camp. (TCL )
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Filing
193
ORDER - On or before June 27, 2011, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to District Judge Laurie Smith Camp, at smithcamp@ned.uscourts.gov, a draft order tha t will fully dispose of the case. If the case is being dismissed, then the stipulation shall comply with Fed. R. Civ. P. 41(a)(1), and shall state whether the dismissal is with or without prejudice. Any pending motions and stipulations are denied as moot. All pending deadlines, including the trial date, are suspended. Absent compliance with this order, this case may be dismissed without further notice in accordance with NECivR 68.1. Ordered by Judge Laurie Smith Camp. (TCL )
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Filing
186
MEMORANDUM AND ORDER - IT IS ORDERED: The Partial Motion for Summary Judgment (Filing No. 75 ) filed by Planet Group Inc., and West Partners, LLC, is granted in part as follows: a. The Fourth Cause of Action in David Ingwersen's Complaint (Filin g No. 1 ), is dismissed, with prejudice, b. The Motion for Partial Summary Judgment is otherwise denied; The Motion in Limine (Filing No. 109 ) filed by Planet Group, Inc. and West Partners, LLC, is granted as follows: a. Any representative of Davi d Ingwersen and his counsel shall not make any reference or statement displaying any exhibits or otherwise presenting any of the following matters to the jury, whether in voir dire questioning, opening statements, questions and answers during examina tion, offering exhibits or in final arguments at trial that reference: David Ingwersen's fourth claim for relief (Tortious Interference with Payment Due on Promissory Note) because such note has been paid in full, and that claim is withdrawn; b. The Motion is otherwise denied without prejudice to reassertion at the time of trial; The Motion in Limine (Filing No. 118 ) filed by David Ingwersen, is granted as follows: a. Any representative of Planet Group, Inc., and West Partners LLC, and th eir counsel, shall not make any reference or statement displaying any exhibits or otherwise presenting any of the following matters to the jury, whether in voir dire questioning, opening statements, questions and answers during examination, offering exhibits or in final arguments at trial that Planet Group has any first-party claim against Ingwersen for alleged inaccurate representations or warranties in the Share Purchase Agreement concerning Opticard customers, accounts receivable, or attorney fees incurred prior to closing of the Share Purchase Agreement entered into by the parties on November 28, 2007; b. The Motion is otherwise denied without prejudice to reassertion at the time of trial; The List of Reserved Objections of David Ingwer sen to Designated Exhibits of Planet Group, Inc., and West Partners, LLC. (Filing No. 120 ) is overruled without prejudice to reassertion at the time of trial; and The Motion in Limine (Filing No. 165 ) filed by Planet Group, Inc., is denied as moot. Member Cases: 8:09-cv-00249-LSC-FG3, 8:09-cv-00263-LSC-FG3, 8:10-cv-00453-LSC-FG3 Ordered by Judge Laurie Smith Camp. (TEL)
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Filing
183
MEMORANDUM AND ORDER - The Motions for Summary Judgment (Case No. 8:09CV249, Filing Nos. 61 , 158 ; Case No. 8:09CV263 Filing Nos. 62,159; and Case No. 8:10CV453,Filing No. 44 ) filed by David Ingwersen are granted. Plaintiff Planet Group Inc. 9;s Complaint in Case No. 8:09CV263 is dismissed, with prejudice. Plaintiff Planet Group Inc.'s Complaint in Case No. 8:10CV453 is dismissed,with prejudice. All other pending motions in Case No. 8:09CV263 and Case No. 8:10CV453 are denied as moot. A separate judgment will be entered. Member Cases: 8:09-cv-00249-LSC -FG3, 8:09-cv-00263-LSC -FG3, 8:10-cv-00453-LSC -FG3 Ordered by Judge Laurie Smith Camp. (TCL ) Modified on 4/21/2011 to correct links(TCL ).
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Filing
178
ORDER RE: TRIAL PREPARATION (CIVIL JURY TRIAL). Member Cases: 8:09-cv-00249-LSC -FG3, 8:09-cv-00263-LSC -FG3, 8:10-cv-00453-LSC -FG3. Ordered by Judge Laurie Smith Camp. (JB)
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Filing
151
ORDER regarding (146) and (148) Motions to Compel in case 8:09-cv-00249-LSC -FG3; (147) and (149) Motions to Compel in case 8:09-cv-00263-LSC -FG3; (32) and (34) Motions to Compel in case 8:10-cv-00453-LSC -FG3. Counsel are ordered to confer, as req uired by Fed. R. Civ. P. 37(a) and NECivR 7.0.1(i), in an actual good-faith effort to resolve these discovery disputes. If counsel are successful in resolving their differences, and the motions can be withdrawn or denied as moot, counsel shall file written notices to that effect no later than Friday, 2/4/2010. If counsel find they are unable to resolve their current discovery disputes, they shall file sworn affidavits with the court explaining why it is impossible for them to resolve the disput es without seeking court action. Said affidavits shall be filed no later than the close of business on 2/4/2010, together with fully-briefed responses to the motions to compel, specifically identifying and addressing each discovery request and objection at issue. No reply briefs will be allowed. Member Cases: 8:09-cv-00249-LSC -FG3, 8:09-cv-00263-LSC -FG3, 8:10-cv-00453-LSC -FG3 Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
144
ORDER denying (140) Objection in case 8:09-cv-00249-LSC-FG3; denying (141) Objection in case 8:09-cv-00263-LSC-FG3; denying (25) Objection in case 8:10-cv-00453-LSC-FG3. Planet Group's "Objection to Notice of Intention to Serve Rule 45 Records Subpoena" is denied. Ingwersen's Rule 45 subpoena may issue forthwith. Member Cases: 8:09-cv-00249-LSC -FG3, 8:09-cv-00263-LSC -FG3, 8:10-cv-00453-LSC -FG3Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
136
ORDER - Case No. 8:10cv453 is hereby consolidated for discovery, trial, and all other purposes with Consolidated Cases Nos. 8:09cv249 and 8:09cv263. The cases will be tried to a jury in Omaha, Nebraska. Case No. 8:09cv249 remains designated as the &q uot;Lead Case." Cases Nos. 8:09cv263 and 8:10cv453 are designated as the "Member Cases." The court's CM/ECF System now has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documen ts filed in the Lead Case will automatically be filed in all Member Cases. To this end, the parties are instructed to file all further documents (except those described in paragraph 4) in the Lead Case, No. 8:09cv249, and to select the option "y es" in response to the System's question whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items rel ated to service of process. If a party believes that an item in addition to those described in paragraph 4 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion for permission must be filed in all the consolidated cases using the spread text feature. Member Cases: 8:09-cv-00249-LSC -FG3, 8:09-cv-00263-LSC -FG3, 8:10-cv-00453-LSC -FG3Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
125
SCHEDULING ORDER. Member Cases: 8:09-cv-00249-LSC-FG3, 8:09-cv-00263-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
116
ORDER granting 115 Objection to Mediation Reference Order. The mediation reference order 107 is amended as requested. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
82
ORDER denying (71) Motion to Extend Deposition Deadline in case 8:09-cv-00249-LSC-FG3; denying (72) Motion to Extend Deposition Deadline in case 8:09-cv-00263-LSC-FG3; however, Ingwersen may conduct the depositions of Joe Hartnett, John Morey, Merri Wees and Mike Wofford as agreed to by opposing counsel. Member Cases: 8:09-cv-00249-LSC-FG3, 8:09-cv-00263-LSC-FG3 Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
60
ORDER denying (22) Motion for Rule 11 Sanctions in case 8:09-cv-00249-LSC -FG3; denying (22) Motion for Rule 11 Sanctions in case 8:09-cv-00263-LSC -FG3 Member Cases: 8:09-cv-00249-LSC -FG3, 8:09-cv-00263-LSC -FG3Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
58
ORDER granting (56) Motion to Extend in case 8:09-cv-00249-LSC -FG3. Expert disclosure deadlines and deposition deadline extended as requested. Member Cases: 8:09-cv-00249-LSC -FG3, 8:09-cv-00263-LSC -FG3 Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
55
ORDER granting (52) Stipulation in case 8:09-cv-00249-LSC-FG3; granting (53) Stipulation in case 8:09-cv-00263-LSC -FG3. Deadlines are extended as requested in the Revised Stipulated Motion filed 6/24/2010. The prior stipulated motion filed on 6/16/2010 is denied as moot. Member Cases: 8:09-cv-00249-LSC -FG3, 8:09-cv-00263-LSC-FG3 Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
37
ORDER granting (36) Stipulated Motion to Extend Expert Witness Disclosure Deadlines in case 8:09-cv-00249-LSC-FG3; granting (37) Stipulated Motion to Extend Expert Witness Disclosure Deadlines in case 8:09-cv-00263-LSC-FG3. Member Cases: 8:09-cv-00249-LSC-FG3, 8:09-cv-00263-LSC-FG3Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
9
ORDER granting 4 Motion to Consolidate Cases. Cases 8:09cv249 and 8:09cv263 are consolidated for all purposes with 8:09cv249 the "lead case" and 8:09cv263 the "member case." Counsel shall conduct discovery as if these consolidat ed cases are part of a single case. All future filings shall contain the consolidated caption. The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. The parties are instructed to file all further documents in the lead case, 8:09cv249, and to select the option "yes" in response to the System's question whether to spread the text. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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