E3 Biofuels, LLC v. Biothane Corporation et al
| E3 Biofuels, LLC |
| Perennial Energy, Inc., Biothane Corporation and Dilling Mechanical Contractors, Inc. |
| 8:2011cv00044 |
| February 8, 2011 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Laurie Smith Camp |
| F.A. Gossett |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
466
MEMORANDUM AND ORDER that the Motion to Amend Judgment As to Tax Costs 458 filed by Defendant Perennial Energy, Inc. is granted, in part. A separate Amended Judgment will be entered. Defendant Perennial Energy, Inc., is instructed to file its Bill of Costs within 30 days after entry of the Amended Judgment, in accordance with NECivR 54.1. Ordered by Chief Judge Laurie Smith Camp. (JSF)
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Filing
452
MEMORANDUM AND ORDER that the Joint Motion for Summary Judgment 381 filed by Defendants Biothane, LLC and Perennial Energy Co., is granted. Each of the claims asserted by Plaintiff E3 Biofuels, LLC, against Defendants Biothane, LLC and Perennial Energy Co., is dismissed, with prejudice. All other pending motions are denied as moot. A separate Judgment will be entered. Ordered by Chief Judge Laurie Smith Camp. (JSF)
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Filing
379
ORDER granting 377 Motion to Extend Deadline for Motions in Limine. All motions in limine, including Daubert motions, shall be filed by December 20, 2013. All other deadlines remain as presently set. Ordered by Magistrate Judge F.A. Gossett. (JSF)
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Filing
376
ORDER that the Agreed Motion to Alter Dates for Motions in Limine and Motions for Summary Judgment 374 is denied. Ordered by Magistrate Judge F.A. Gossett. (JSF)
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Filing
373
ORDER that within seven days of this order, Plaintiff shall either (1) voluntarily produce those documents to PEI or (2) submit a brief advising the Court as to why Plaintiff believes the documents received by Bret Healy, John Wood, Buck Wehrbein and Dale Miller are privileged. The Court further finds that Plaintiff waived its claims of privilege with respect to the forty-seven documents that were previously disclosed to third-parties without a protective order or other confidentiality agreement in place. Plaintiff shall produce these documents within seven days of this Order. Ordered by Magistrate Judge F.A. Gossett. (JSF)
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Filing
357
MEMORANDUM AND ORDER adopting 320 Findings and Recommendation; overruling 337 Objections to Magistrate Judge's Findings and Recommendation; and denying 271 Defendant's Motion to Dismiss. Ordered by Chief Judge Laurie Smith Camp. (JSF)
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Filing
356
ORDER denying PEI's Motion to Reconsider 342 . PEI's Motion to Exclude Expert Testimony 323 is granted, in part, as set forth in this order. Plaintiff shall update its expert disclosure in accordance with this Order by or before November 1, 2013. Ordered by Magistrate Judge F.A. Gossett. (JSF)
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Filing
334
ORDER granting 317 Plaintiff's Motion to Quash Subpoenas to Kim Mniszewski,Steve Browne, Philip Madson, and Crispin Hales. Ordered by Magistrate Judge F.A. Gossett. (JSF)
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Filing
321
ORDER - IT IS ORDERED that Defendant Perennial Energy, Inc.'s Motion to Compel, Motion for Sanctions, and Motion to Overrule Plaintiff's Claims of Privilege (filing 271 ) is granted, in part, as set forth above. Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
315
ORDER granting 311 Motion for Reconsideration. The written discovery deadline in this case is extended to September 30, 2013, for the limited purpose of completing the search and production of Katzen's records. No further extensions will be granted. PEI's 314 Motion for Hearing is denied. Ordered by Magistrate Judge F.A. Gossett. (ADB)
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Filing
309
ORDER that PEI's 306 Motion to Extend the Deadline for Completing Written Discovery for the Limited Purpose of Completing a Scheduled Search of Katzen's Records is denied. Ordered by Magistrate Judge F.A. Gossett. (ADB)
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Filing
305
ORDER granting in part 246 Motion to Compel. Plaintiff shall supplement its responses to memorialize the withdrawal of its objection to RFA No. 53 and to rectify the typographical errors contained in its responses to RFA Nos. 68, 101 and 113. Ordered by Magistrate Judge F.A. Gossett. (ADB)
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Filing
256
MEMORANDUM AND ORDER that the Statement of Objections to Filing No. 211 212 filed by Defendant Perennial Energy, Inc., is overruled. The Statement of Objections to Filing No. 211 215 filed by Defendant Biothane, LLC, is overruled. The Second Sta tement of Objections to Filing No. 211 220 filed by Defendant Perennial Energy, Inc., is overruled. The Motion to Strike Index of Evidence in Support of Statement of Objections (#219) 222 is denied. Ordered by Chief Judge Laurie Smith Camp. (JSF)
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Filing
253
ORDER - Plaintiff's Motion for a Protective Order Pertaining to Certain Depositions (filing 232 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
211
ORDER - PEI's Motion for Leave to Amend the Answers and File a Third-Party Complaint (filing 192 ) is granted, in part. PEI's request to file a third-party complaint is denied. PEI may file an amended answer to Plaintiff's Complaint , provided, however, that it contain no allegations attempting to apportion fault to Katzen and ABC based on their inclusion as parties to this suit. PEI's amended complaint shall be filed by June 14, 2013. Biothane's Motion for Leave to File a Third-Party Complaint (filing 195 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
210
ORDER that the Court hereby advises the parties that the aforementioned deadlines remain as set in Order 182 . Specifically, the parties shall submit mediation reports no later than July 1, 2013, written discovery requests shall be served by June 30, 2013 and responses shall be served by July 30, 2013. Ordered by Magistrate Judge F.A. Gossett. (ADB)
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Filing
209
AMENDED PROGRESSION ORDER denying as moot 191 Unopposed Motion to Extend Deadlines. The parties' Stipulation regarding Certain Progression Order Deadlines 207 is adopted, in part. Ordered by Magistrate Judge F.A. Gossett. (JSF)
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Filing
182
ORDER regarding filing 180 Motion to Extend. In accordance with the Stipulation, the progression deadlines in this case are amended as follows: 1. By or before July 1, 2013, counsel for each party shall notify the undersigned as to settlement e fforts that have been undertaken and the prospects of mediating this case. 2. Written discovery requests shall be served by June 30, 2013, and responses shall be served by July 30, 2013. All other deadlines established in this case remain as previously set. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
179
ORDER - Defendants' Stipulated Motion to Extend Deadlines (filing 177 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
176
ORDER that Perennial Energy, Inc.'s Motion to Compel and Motion for Sanctions 163 is granted, in part. Plaintiff shall produce copies of its 2011 and 2012 tax returns within 10 days of this Order. Perennial Energy, Inc.'s request for sanctions is denied. Ordered by Magistrate Judge F.A. Gossett. (JSF)
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Filing
160
MEMORANDUM AND ORDER that the Objection to filing no. 156 157 is overruled; The Statement of Objections to Filing Nos. 81 and 142 (Filing No. 144) is overruled; and The Orders found at Filing Nos. 142 and 156 are affirmed. Ordered by Chief Judge Laurie Smith Camp. (ADB)
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Filing
156
PROGRESSION ORDER granting 152 Stipulated Motion to Extend. Pretrial Conference set for 1/27/2014 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. Jury Trial set for 3/4/2014 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
142
ORDER - The Motion to Consolidate (filing 131 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (TEL)
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Filing
141
ORDER - PEI's Motion to Compel (filing 123 ) is granted, in part, as set forth above. Plaintiff shall supplement its discovery responses and produce a privilege log within 45 days of this Order. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
122
MEMORANDUM AND ORDER that the 115 Objection filed by the Defendant, Perennial Energy, Inc., is denied; and The Order entered by Magistrate Judge F.A. Gossett (Filing No. 114) is affirmed. Ordered by Chief Judge Laurie Smith Camp. (ADB)
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Filing
114
ORDER - Plaintiff's Motion to Compel Return of Privileged Documents 98 is granted. Perennial shall return the unopened package containing the disc no later than December 16, 2011. Perennial's Motion to Declare that Plaintiff's Alleged Privileges are Waived or, in the alternative, to Compel Plaintiff to Produce Privilege Log 108 is denied. Ordered by Magistrate Judge F.A. Gossett. (JAE)
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Filing
82
PROTECTIVE ORDER -Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
80
ORDER granting the Plaintiff's 74 Motion to Dismiss Party. Plaintiff's claims against Defendant Dilling Mechanical Contractors, Inc., are dismissed with prejudice, and the clerk is instructed to remove Defendant Dilling Mechanical Contractors, Inc. from the case caption; and the affected parties will bear their own costs and attorney fees. Ordered by Judge Laurie Smith Camp. (MKR)
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Filing
79
MEMORANDUM AND ORDER denying perennial's 44 Motion for Reconsideration. Should Perennial desire to inspect the ethanol plant that is the subject of this litigation, it shall do so on or before August 5, 2011. The scope of the inspection will be defined by ALTEn. As previously ordered, the parties shall submit their Rule 26(f) Planning Report on or before August 11, 2011. Ordered by Magistrate Judge F.A. Gossett. (MKR, )
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Filing
70
ORDER - IT IS ORDERED: Plaintiff and Defendant Perennial Energy, Inc. shall met and confer in an effort to coordinate an inspection of the Solid Waste Management System & Ethanol Production Facility located in Mead, Nebraska, and reach an agreement w ith respect to the scope of said inspection. Plaintiff and Perennial shall submit a report detailing the outcome of this conference, including any agreements reached, by or before July 21, 2011. The parties shall submit their Rule 26(f) Planning Report by or before August 11, 2011. Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
47
ORDER- Plaintiff shall file a response to Perennials motion for reconsideration 44 and motion for a preliminary injunction by or before 12:00 p.m. (CST), on Friday, June 17. Upon submission of Plaintiffs brief, the court will determine whether a conference to resolve the matters involved is necessary. Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
43
ORDER - Plaintiffs objection (filing 42 ) to Defendant Perennial Energy, Inc.s notice of inspection is sustained. The inspection scheduled for June 15th and 16th, 2011, is limited as set out in this order. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
24
ORDER granting 23 Motion to Strike. Filing 17 ("Summons returned Executed" as to Biothane Corporation) is hereby stricken from the record. Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
15
ORDER granting the Plaintiff's 13 Motion to Strike. Filings 8 and 11 are hereby stricken from the record. Ordered by Magistrate Judge F.A. Gossett. (MKR)
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