Edelstein et al v. Optimus Corporation
Case Number: 8:2010cv00061
Filed: February 11, 2010
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: F. A. Gossett
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 05 U.S.C. ยง 704 Labor Litigation
Jury Demanded By: None
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Date Filed Document Text
December 23, 2013 Opinion or Order Filing 245 ORDER FOR PLAINTIFFS AND DEFENDANT TO WITHDRAW EXHIBITS or to show cause why exhibits should not be destroyed. Ordered by District Judge Joseph F. Bataillon. (KMG)
April 15, 2013 Opinion or Order Filing 244 ORDER - The Court, having reviewed the parties' Stipulation 243 , and being otherwise fully advised in the premises, finds that this matter shall be dismissed with prejudice, each party to pay its own costs. Ordered by Judge Joseph F. Bataillon. (AOA)
March 21, 2013 Opinion or Order Filing 242 ORDER - The parties Joint Motion to Release Order of Attachment and Bond, filing 241 is hereby granted. The October 18, 2011 Order of Attachment (Filing No. 122 ) shall be released and discharged in its entirety. The $500.00 bond deposited with the Clerk of the United States District Court on October 19, 2011 (Filing No. 123 ) shall be released to Plaintiffs. Ordered by Judge Joseph F. Bataillon. (GJG)(Copy to Financial)
January 29, 2013 Opinion or Order Filing 238 ORDER - IT IS ORDERED: On or before March 15, 2013, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to District Judge Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. Ordered by Magistrate Judge F.A. Gossett. (TCL )
November 20, 2012 Opinion or Order Filing 218 MEMORANDUM AND ORDER - The court awards judgment to each of the plaintiffs based upon the unpaid benefits due each plaintiff using the PPA 2012 rates closest to the date of December 1, 2012. Plaintiffs and defendant Optimus shall meet and confer and shall jointly submit to the court an Order of Judgment within ten days of the date of this Memorandum and Order. The Order of Judgment shall contain the total amount due to each of the 18 named plaintiffs, delineated by principal and prejudgm ent interest, per plaintiff. The prejudgment interest rate shall be calculated based on the PPA rate closest to December 1, 2012. The judgment shall be based upon the sums Optimus failed to pay to the 18 named plaintiffs in 2009. The court will likewise award postjudgment interest to each of the named plaintiffs at the rate set by 28 U.S.C. § 1961 which is.27% per day after the entry of judgment (presumably December 1, 2012). A final judgment shall be entered upon receipt of the joint submission for judgment from the parties in this case. Ordered by Judge Joseph F. Bataillon. (GJG)
June 14, 2012 Opinion or Order Filing 171 MEMORANDUM AND ORDER - The plaintiffs' objection (Filing No. 165 ) to the order of the magistrate judge (Filing No. 162 ) is sustained in part. The magistrate judges finding that the documents at issue are protected from disclosure by the w ork product privilege is set aside. Optimus and Silverstone are directed to provide plaintiffs with a copy of the January 16, 2009; August 25, 2009; and September 2009 notes within 7 days of the date of this order. Ordered by Judge Joseph F. Bataillon. (GJG)
May 4, 2012 Opinion or Order Filing 164 ORDER GRANTING MOTION TO EXTEND DEADLINES IN PROGRESSION ORDER - IT IS HEREBY ORDERED: The motion (#163) is granted and the following deadlinesshall apply to these proceedings as set forth in this order.Ordered by Magistrate Judge F.A. Gossett. (TCL )
April 23, 2012 Opinion or Order Filing 162 ORDER- Plaintiffs' Motion to Overrule Defendant's Objections to Plaintiffs' Subpoena, to Compel Non-Party Compliance and for Discovery Sanctions (filing 145) is granted, in part. Optimus and SilverStone are directed to provide Plaint iffs with a copy of the March 14, 2008 email exchanged between Nancy Milledge and Don Kluthe by or before April 27, 2012. In all other respects, Plaintiffs' motion is denied. Defendant Optimus Corporations ("Optimus") Motion for Pro tective Order (filing 151 ) is granted, in part. Optimus shall provide Plaintiffs the March 14, 2008 email as directed above. Optimus' Motion to Strike Affidavits (filing 158 ) is denied as moot. Ordered by Magistrate Judge F.A. Gossett. (GJG)
January 3, 2012 Opinion or Order Filing 142 ORDER granting 141 Motion to Extend. Plaintiffs' unopposed motion to extend the expert witness disclosure deadline (filing 141 ) is granted. A new deadline for the disclosure of expert witnesses will be set upon the court's ruling on Pl aintiffs' anticipated motion to overrule Defendant's objections to Plaintiffs' subpoena in accordance with Plaintiffs request. If, however, Plaintiffs' anticipated motion is not filed on or before January 30, 2012, the court will set a revised expert witness disclosure deadline at that time. Ordered by Magistrate Judge F.A. Gossett. (JAB)
December 13, 2011 Opinion or Order Filing 138 MEMORANDUM AND ORDER granting 77 Plaintiffs' Motion for Partial Summary Judgment; denying 85 Defendant's Motion for Relief under Fed.R.Civ.P. 56(d). Ordered by Judge Joseph F. Bataillon. (SMS, )
October 18, 2011 Opinion or Order Filing 122 ORDER OF ATTACHMENT - 1. The motions for attachment, Filing Nos. 100 and 105 , are granted. Defendant is hereby enjoined from selling, transferring, converting, donating, or otherwise disposing of the artwork owned by defendant and specifically id entified in Exhibits D and E to the Affidavit of Michael L. Schleich in Support of Plaintiffs' Motion for Partial Summary Judgment 79 . 2. Defendant is further ordered to maintain possession of the artwork and to maintain any insurance currentl y covering the artwork. The court orders that defendant keep the art intact in the locations where they are currently displayed. 3. Plaintiffs shall post a bond in the amount of $500.00 within 24 hours of the entry of this Memorandum and Order. 4. During the hearing, defendant indicated it is attempting to sell one piece of art to test the market. Such art is valued at $250,000.00. The court will permit the defendant to continue to sell that one piece of art as set forth herein. 5. The court is requesting that the magistrate judge expedite this case, in view of the fact that the court has issued an order attaching the artwork. Ordered by Chief Judge Joseph F. Bataillon.(JAB) Modified on 10/18/2011 to unseal and send notice to parties. (JAB)
September 20, 2011 Opinion or Order Filing 108 TEMPORARY RESTRAINING ORDER - Defendant is hereby enjoined from selling, transferring, converting, donating, or otherwise disposing of the artwork owned by Defendant and specifically identified in Exhibits D and E to the Affidavit of Michael L. Schle ich in Support of Plaintiffs' Motion for Partial Summary Judgment, filed June 15, 2011, as Fine Art and 20th Century Decorative Art and Designs (Filing No. 79, Ex. D (Doc # 79-5, Page ID # 637-38) & Ex. E (Doc # 79-6, Page ID # 644-97). Defendan t is further ordered to maintain possession of the artwork and to maintain any insurance currently covering the artwork. The Protective Order governing documents produced in this litigation (Filing No. 70) remains in effect. This matter is set for hearing on Thursday, September 29, 2011 at 3:00 p.m. Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska.Ordered by Chief Judge Joseph F. Bataillon. (TJD )
June 16, 2011 Opinion or Order Filing 80 ORDER - Plaintiff's motion for permission to file under seal (filing 76 ) is granted. Plaintiff's Brief in Support of Motion for Partial Summary Judgment (filing 78 ) and Plaintiff's Index of Evidence (filing 79 ), including the attachments thereto, shall remain under seal. Ordered by Magistrate Judge F.A. Gossett. (GJG)
May 17, 2011 Opinion or Order Filing 70 PROTECTIVE ORDER - Ordered by Magistrate Judge F.A. Gossett. (TEL)
April 1, 2011 Opinion or Order Filing 60 ORDER granting 45 Motion to Compel. Plaintiffs' request for attorney's fees is denied. Ordered by Magistrate Judge F.A. Gossett. (JAE)
January 31, 2011 Opinion or Order Filing 48 MEMORANDUM AND ORDER - The defendant's motion to disqualify, Filing No. 21 , is denied. The objections of the defendant, Filing No. 33 , are overruled. The order of the magistrate judge, Filing No. 31 , is adopted. Ordered by Chief Judge Joseph F. Bataillon. (GJG)
December 27, 2010 Opinion or Order Filing 42 ORDER granting 41 Motion to Amend Complaint to Add Parties. Amended Complaint due by 1/5/2011. Responses to the amended pleading shall be filed and served within the time allowed by Fed. R. Civ. P. 15(a). Ordered by Magistrate Judge F.A. Gossett. (CLS, )
September 24, 2010 Opinion or Order Filing 31 ORDER denying 21 Motion to disqualify plaintiffs' counsel. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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