Cargill, Incorporated v. Kroeger et al
Plaintiff: Cargill, Incorporated
Defendant: Kurt Kroeger, Kathy Kroeger and H & M Farms, Inc.
Counter Claimant: Kurt Kroeger, Kathy Kroeger and H & M Farms, Inc.
Counter Defendant: Cargill, Incorporated
Case Number: 8:2011cv00081
Filed: March 2, 2011
Court: U.S. District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
Presiding Judge: F.A. Gossett
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None

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Date Filed Document Text
October 22, 2014 Opinion or Order Filing 264 ORDER TO WITHDRAW EXHIBITS - Counsel for parties, shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Senior Judge Richard G. Kopf. (JAB)
September 28, 2012 Opinion or Order Filing 239 ORDER - IT IS ORDERED that: Within 14 days from today's date, Plaintiff shall file (a) an application for prejudgment interest, including a detailed calculation of the amount claimed, supported by written argument and appropriate references t o trial exhibits and trial testimony,1 and (b) an application for attorney's fees supported by affidavits, duly authenticated evidence, and written argument, see NECivR 54.3 (award of attorney's fees and nontaxable expenses) and 54.4 (fe e application guidelines). See also NECivR 7.0.1(a) (supporting a motion). Within 14 days after service of Plaintiff's applications for prejudgment interest and attorney's fees, Defendant shall file a responsive brief and any opposing ev idence. See NECivR 7.0.1(b) (opposing a motion). Within 7 days after service of Defendant's response, Plaintiff may file a reply. See NECivR 7.0.1(c) (replying to opposing briefs and evidence). Entry of judgment shall be withheld pending determination of Plaintiffs applications for prejudgment interest and attorneys fees. Ordered by Senior Judge Richard G. Kopf. (TCL )
September 26, 2012 Opinion or Order Filing 228 MEMORANDUM AND ORDER - Except as noted on the record, Cargill's motion for judgment as a matter of law made at the conclusion of all the evidence is granted. In particular, Cargill's motion for judgment as a matter of law particularly re garding causation and target yields is granted. The defendants' counterclaims predicated upon manganese toxicity or target yields are dismissed with prejudice. All affirmative defenses predicated upon manganese toxicity or target yields are likewise dismissed with prejudice. A formal judgment will be entered later and at the appropriate time after the jury has considered the remaining issues. Ordered by Senior Judge Richard G. Kopf. (GJG)
September 13, 2012 Opinion or Order Filing 198 ORDER ruling on Motions in Limine filings 157 , 160 , 162 , 166 168 and 170 . Ordered by Senior Judge Richard G. Kopf. (GJG)
September 12, 2012 Opinion or Order Filing 197 MEMORANDUM AND ORDER - IT IS ORDERED that Plaintiff's motion in limine and motion for sanctions (filing 182 ) is granted, and that Defendants shall be precluded from using any information contained in the supplemental report of Dr. A. Dale Flowerday and Kurt Kroeger and any evidence related to the non-disclosed 2012 study conducted by Defendants, including Defendants' Trial Exhibit Nos. 462-465. Ordered by Senior Judge Richard G. Kopf. (TCL )
September 6, 2012 Opinion or Order Filing 187 ORDER - This order is entered because the parties were unable to agree on the foregoing matters. Understanding that the case must be submitted to the jury in 8 days, the undersigned will be pleased to follow a different order of proof and allocation of time should counsel reach agreement. Ordered by Senior Judge Richard G. Kopf. (GJG)
August 27, 2012 Opinion or Order Filing 173 MEMORANDUM AND ORDER - IT IS ORDERED: The motions in limine (filings 157 , 160 , 162 , 166 , 168 , 170 ) shall be held in abeyance and not considered until the first day of trial during the pretrial conference which will be held in chambers immediately prior to trial, unless a party shall show cause, within five working days of this order, why such deferral would be inappropriate. Plaintiff Cargill's Motion in Limine for a Rule 104(a) Hearing (filing 164 ) is denied. Ordered by Senior Judge Richard G. Kopf. (TCL )
July 3, 2012 Opinion or Order Filing 150 ORDER - IT IS ORDERED that: Cargill's Motion to Exclude Proposed Expert Testimony, etc., (filing no. 102 ) is denied. H&M Farms' Motion in Limine to Exclude Expert Testimony (filing no. 110 ) is denied. Ordered by Senior Judge Richard G. Kopf. (TCL )
June 21, 2012 Opinion or Order Filing 147 REASSIGNMENT ORDER - Defendants' Motion for Determination of Place of Trial (Filing No. 143 in Case No. 8:11CV81) is granted. Lincoln, Nebraska, is the designated place of trial. The above-captioned cases are reassigned to Senior District Judge Richard G. Kopf for disposition and Magistrate Judge Cheryl Zwart for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (GJG)
June 8, 2012 Opinion or Order Filing 141 ORDER - Plaintiff's Motion for Leave to Depose Undisclosed Fact Witness Laura Dotterer (filing 95 ) is granted. Plaintiff is directed to take Ms. Dotterer's deposition within thirty days of this order. Defendants' Motion for Protective Order (filing 120 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
June 5, 2012 Opinion or Order Filing 140 ORDER - Defendants' Motion to Strike Untimely Supplemental Rule 26 Expert Report (filing 92 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (AOA)
October 14, 2011 Opinion or Order Filing 54 ORDER granting Joint Motion to Continue the Tentative TrialDate and Deadlines 53 . The deadlines established in the parties' planning report (# 25 ) are amended as follows: Discovery will be completed by February 29, 2012. Experts, including r eports, will be disclosed by December 15, 2011, and rebuttal experts are due by January 15, 2012. A planning conference, to be held by telephone call initiated by plaintiff's counsel, is currently scheduled for October 31, 2011 at 10:30 A.M., at which time final progression deadlines and a trial date will be discussed. Ordered by Magistrate Judge F.A. Gossett. (AOA)
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Search for this case: Cargill, Incorporated v. Kroeger et al
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Defendant: Kurt Kroeger
Represented By: Austin L. McKillip
Represented By: Kevin J. Schneider
Represented By: Terry R. Wittler
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Defendant: Kathy Kroeger
Represented By: Austin L. McKillip
Represented By: Kevin J. Schneider
Represented By: Terry R. Wittler
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Defendant: H & M Farms, Inc.
Represented By: Austin L. McKillip
Represented By: Kevin J. Schneider
Represented By: Terry R. Wittler
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Counter claimant: Kurt Kroeger
Represented By: Austin L. McKillip
Represented By: Kevin J. Schneider
Represented By: Terry R. Wittler
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Counter claimant: Kathy Kroeger
Represented By: Austin L. McKillip
Represented By: Kevin J. Schneider
Represented By: Terry R. Wittler
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Counter claimant: H & M Farms, Inc.
Represented By: Austin L. McKillip
Represented By: Kevin J. Schneider
Represented By: Terry R. Wittler
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Counter defendant: Cargill, Incorporated
Represented By: Ryan P. Howell
Represented By: Jacob D. Bylund
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Plaintiff: Cargill, Incorporated
Represented By: Ryan P. Howell
Represented By: Jacob D. Bylund
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