American Home Assurance Company et al v. Greater Omaha Packing Company Inc.
| American Home Assurance Company and Cargill Meat Solutions |
| Greater Omaha Packing Company, Inc. |
| 8:2011cv00270 |
| August 5, 2011 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Lyle E. Strom |
| Thomas D. Thalken |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
675
ORDER TO WITHDRAW PLAINTIFF'S EXHIBITS ORTO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED. Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
659
ORDER granting 657 Motion for transcript redaction. The court reporter shall redact the trial transcript portions set forth in Cargill's motion 657 . Ordered by Senior Judge Lyle E. Strom. (Copy to court reporter) (JSF)
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Filing
623
ORDER AND JUDGMENT - Pursuant to the memorandum opinion entered herein this date 622 , defendant's renewed motion for judgment as a matter of law and alternative motion for a new trial 609 is denied. Defendant's request for oral argument is denied as moot. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
613
ORDER granting 612 Motion to Restrict pursuant to the E-Government Act. Filing Nos. 610 and 611 shall be restricted from public access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
599
ORDER that after the conclusion of the trial and a jury verdict having been rendered, all pending motions are denied. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
584
ORDER - Motion 579 is granted. Filing Nos. 577 and 578 shall be restricted from public access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
580
ORDER granting in part and denying in part 574 Motion in Limine. Defendant is prohibited from offering the video of Mr. Stevens' deposition. Defendant may read the testimony. The Court sustains plaintiff's objections to the following portions of the Stevens deposition: 50:17-51:8. GOPAC has withdrawn 330:1-331:2. Ordered by Senior Judge Lyle E. Strom. (ADB)
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Filing
572
ORDER granting 568 Motion to Restrict pursuant to the E-Government Act. Filing Nos. 566 and 567 shall be restricted from public access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (ADB, )
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Filing
569
ORDER granting 561 Motion to redact Exhibit 867. Portions of Exhibit 867 relating to finished product testing shall be redacted. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
556
ORDER granting 555 Motion to Restrict pursuant to the E-Government Act. Public access to Filing Nos. 551 and 554 is restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
526
ORDER denying 495 Motion for Protective Order. Ordered by Senior Judge Lyle E. Strom. (JDR)
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Filing
523
ORDER granting 505 Motion in Limine. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
510
ORDER - IT IS ORDERED that the motion 508 is granted. The document as described in the motion shall be restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
507
ORDER regarding Motions in Limine 442 and 450 , the parties are instructed to edit the videotape depositions in accordance with the Court's rulings listed in this order. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
504
ORDER that the motion in limine is granted as to Paragraphs 1 and 2. The motion is denied without prejudice as to Paragraphs 4 to 12. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
503
ORDER regarding 442 and 450 Motions in Limine. The defendant shall advise the Court by Friday, August 22, 2014, as to the defendant's claim to relevancy. Otherwise, the portion of the deposition will be stricken in its entirety. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
502
ORDER - This matter is before the Court on cross motions in limine (Filing No. 442 and Filing No. 450 ) regarding video-tape deposition designations. Plaintiff's objections to Rebecca Haynes deposition are sustained. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
501
ORDER - This matter is before the Court on cross motions in limine (Filing No. 442 and Filing No. 450 ) regarding video-tape deposition designations. The parties have withdrawn several objections to exhibits and therefore the Court does not addre ss those objections below. IT IS ORDERED: The plaintiff's motion to admit two certified CDC line lists (Ex. Nos. 99A and 100A) is deferred until trial. Video Deposition Exhibit Rulings is set forth in this order. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
493
ORDER denying 480 motion to exclude certain invoice terms and conditions that defendant seeks to offer at trial. Ordered by Senior Judge Lyle E. Strom. (JDR)
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Filing
487
MEMORANDUM AND ORDER - The plaintiff Cargill's motion (Filing No. 238 ) is denied without prejudice regarding all testimony except for the Frigorifico testimony. The Court defers consideration of the Frigorifico opinion until trial. Plaintiff Cargill's motion (Filing No. 244 ) in denied without prejudice. The Court defers consideration of the relevance and prejudice of the irradiation opinions for trial. Plaintiff Cargills motion (Filing No. 256 ) is denied. Dr. Benson's expert opinion regarding GOPAC's counterclaim is moot. Plaintiff Cargill's motion (Filing No. 268 ) isdenied. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
476
ORDER granting 465 Motion to Restrict pursuant to the E-Government Act.. The brief and index as described in the motion shall be restricted from public access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
475
ORDER - GOPAC shall not refer to LFTB as "pink slime," nor shall it reference any negative media attention in relation to LFTB. Ruling on the remainder of the motion is reserveduntil trial. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
471
ORDER - The defendant's motion to extend the filing deadlines for its brief in opposition to Filing No. 442 and brief in reply to Filing No. 464 is denied; however, the Court grants the defendant an extension for those briefs until May 15, 2014. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
462
ORDER denying as moot 232 motion to defer consideration; denying as moot 236 motion for expedited briefing and consideration of pending motions; denying as moot 259 motion in limine to exclude expert witness testimony and report of Gene Grabowski. Ordered by Senior Judge Lyle E. Strom. (JDR)
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Filing
460
ORDER - The motions are granted 457 and 458 . The documents as described in the motions shall be restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
432
MEMORANDUM OPINION - This matter is before the Court on plaintiff Cargill Meat Solutions Corporation's motion for summary judgement (Filing No. 219 ) on the defendants counterclaim. Plaintiff Cargill has filed a brief (Filing No. 220 ) and index of evidence (Filing No. 221 ) in support of its motion. The defendant filed a brief(Filing No. 363 ) and indices of evidence (Filing Nos. 364 , 365 , 366 , 367 , 368 , 369 ) in opposition of the motion. The plaintiff filed a reply brief (Filing No. 396 ) and index of evidence(Filing No. 397 ). The plaintiff's motion will be granted. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
431
ORDER denying 216 motion in limine to exclude proposed expert testimony and reports of Dr. Michael Thomsen. Ordered by Senior Judge Lyle E. Strom. (JDR)
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Filing
425
ORDER - The motion 358 is granted. Count V of the complaint is dismissed without prejudice and removes the indemnification claim from this case. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
332
MEMORANDUM AND ORDER - The Court will grant the defendant's motion to compel (filing 208 ) in part and deny it in part; plaintiffs' motion to exclude (filing 222 ) will be denied; and defendant's motion to overrule objections (filing 230 ) will be denied. Ordered by Senior Judge Lyle E. Strom. (JAB)
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Filing
314
ORDER granting 243 Motion to Strike. The clerk of court shall strike Filing No. 229 as an incorrect document. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
309
ORDER - the motion is granted. The documents as described in the motion shall be restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
300
ORDER striking 289 RESTRICTED MOTION. The Motion to Strike 293 is granted. The clerk of court shall strike Filing No. 289 as an incomplete document. Defendant has leave to file a corrected document. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
215
ORDER withdrawing 206 motion for protective order. Ordered by Senior Judge Lyle E. Strom. (JDR)
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Filing
213
MEMORANDUM AND ORDER - Plaintiffs' objection, filing 204 , is sustained as to the 57 witnesses which had not been previously identified. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
203
MEMORANDUM AND ORDER that plaintiff Cargill's 168 Motion show cause is denied as moot. No later than February 11, 2014, GOPAC shall answer Cargill's Interrogatory No. 22 and supplement all other disputed interrogatories as appropriate. The request for status conference (Filing No. 168) is denied as moot. Defendant's 184 Motion for Leave to file supplemental brief in opposition to Cargill's motion for order to show cause is denied as moot. Ordered by Senior Judge Lyle E. Strom. (ADB)
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Filing
194
MEMORANDUM AND ORDER - Cargill's motion for leave to file a non-party subpoena on IEH Laboratories and Consulting Group 160 using the categories provided to the Court is granted. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
178
ORDER - After a conference with the attorneys for both parties and having reviewed the further objection of Cargill (Filing No. 176 ), the Court will amend the progression order regarding thedeadline for depositions, Daubert motions, and motions for summary judgment as follows:IT IS ORDERED: The deadline for completion of depositions is extended to February 18, 2014. The deadline for motions in limine challenging the admissibility of testimony of an expert under Rule 702, Federal Rules of Evidence is extended to March 3, 2014. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
147
MEMORANDUM AND ORDER - The 1-day, 7-hour period designated by the Federal Rules shall apply separately to each representative designated for 30(b)(6) deposition. The appearance of a witness as a 30(b)(6) designee shall not affect either party's right to take a deposition of that witness in their individual capacity for the full duration contemplated by the Federal Rules. Cargill's request for an order compelling Cargill to limit the number of topics in its 30(b)(6) deposition notice i s denied. Cargill's request for a protective order is denied with respect to the content of Deposition Topic No. (34). Cargill is free to make objections at the deposition to protect confidential attorney-client communications and work product, but Cargill must disclose any communications or work product that was previously disclosed to a third party. Inquiry under Topic Nos. 13, 14, and 30 shall be limited to the year 2007. Cargill's request for more restrictive temporal limits on T opic Nos. 18, 20, 23, 24, and 39 is denied. Cargill's representatives shall not be required to disclose attorney impressions, conclusions, or opinions regarding settlements with consumers of tainted beef at the 30(b)(6) deposition. Cargill shal l be required to disclose any underlying facts regarding consumers of tainted beef, the tainted beef which the consumers received, and other facts related to the incidents of tainted beef which resulted in settlements by Cargill. Such facts are disco verable regardless of whether Cargill has first hand knowledge of the fact in its documents or through its employees or whether such facts were gleaned from third parties as part of the investigations which led to the settlements. Inquiry under Topi c No. 18 shall be limited to sampling or testing that indicated the presence of E. coli O157:H7 but shall not be limited to a single Cargill facility. On or before September 23, 2013, GOPAC shall serve a revised Notice to Take Rule 30(b)(6) depositi on that contains revisions to Topic Nos. 23, 30, 31 and 32 that appropriately narrow their scope. Alternatively, GOPAC may choose to withdraw these topics. Inquiry under Topic No. 38 shall be limited to the general nature and operation of Cargill& #039;s sales, distribution, and tracking processes. Inquiry under Topic No. 25 shall be limited to individuals alleged to have contracted E. coli O157:H7 from a Cargill product or which have settled with Cargill in relation to 'the Recall. 9; No later than September 30, 2013, GOPAC shall disclose to Cargill the sources it has searched or intends to search for ESI and, for each source, shall identify the search terms used. No later than November 1, 2013, GOPAC shall produce ESI for all sources within its possession or control based on the search parameters that it has already established. No later than November 1, 2013, GOPAC shall provide its supplemental answers to Interrogatories Nos. 22-28, 30, and 35-38. No later than Nove mber 1, 2013, GOPAC shall produce its supplemental responses to Cargills Document Production Requests Nos. 10, 36-38, 42, 49, and 50. No later than November 1, 2013, GOPAC shall produce all non-privileged materials responsive to Cargill's Docum ent Production Request Nos. 22 and 24. No later than November 1, 2013, GOPAC shall producea copy of responsive tax documents. Such documents shall be labeled "CONFIDENTIAL - ATTORNEYS EYES ONLY." Cargill's outside counsel, upon receivi ng any documents labeled CONFIDENTIAL -ATTORNEYS EYES ONLY," will take steps to ensure that such documents are not viewed by anyone other than Cargill's outside counsel in this matter. Within 60 days of the close of litigation, Cargill sha ll hand over any copies of these documents to GOPAC or destroy them. A file copy shall not be retained. Within 10 days of destruction or return, Cargill shall certify to GOPACs counsel that all copies have been returned or destroyed. Cargill's request for an order compelling production responsive to its Document Production Request Nos. 51-54 is denied. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
116
AMENDED FINAL PROGRESSION ORDER - granting 110 Motion to Amend Final Progression Order and Request for Oral Argument. Final Pretrial Conference set for 3/28/2014 at 9:30 AM in Chambers before Magistrate Judge F.A. Gossett. Jury Trial set for 4/14/2014 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha NE before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
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Filing
96
ORDER - The motion for enlargement of time is granted to the extent that defendant shall have until February 25, 2013, to add parties or claims. All other deadlines in the progression order (Filing No. 75 ) remain in full force and effect. Plaintiff's objection to the non-party subpoena on Gas Weber Mulling, Inc. is overruled. Defendant's motion for leave to file a non-party subpoena is granted. Defendant's motion for a hearing is denied as moot. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
92
ORDER granting 91 MOTION to Extend Deadline for Parties to Add Additional Parties or Claims 88 and MOTION for Issuance of Subpoena to Third Party 85 . Cargill Meat Solutions Corporation shall have until January 11, 2013, to respond to defendant's motion to serve a third-party subpoena and to extend the deadline to add additional parties and/or amend pleadings. Ordered by Senior Judge Lyle E. Strom. (JAB)
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Filing
80
ORDER granting 79 Motion to Withdraw as Attorney. Francie C. Riedmann, formerly with the law firm of Gross & Welch, P.C., L.L.O., is deemed withdraw as counsel of record for American Home Assurance Company and Cargill Meat Solutions Corporation. Ordered by Senior Judge Lyle E. Strom. (JAB)
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Filing
76
STIPULATED PROTECTIVE ORDER. Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
74
ORDER granting 73 Motion to Withdraw as Attorney - Ralph A. Weber, Shawn K. Stevens and Amelia L. McCarthy with the law firm of Gass Weber Mullins LLC, are deemed withdraw as counsel of record for plaintiffs. Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
69
ORDER - Scheduling Conference set for 7/30/2012 08:15 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
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Filing
66
ORDER granting 65 Motion to Extend - The parties shall have until July 5, 2012, to file their Rule 26(f) report and plaintiffs shall have until July 5, 2012, to file an answer to defendant's counterclaim. Rule 26 Meeting Report Deadline set for 7/5/2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
64
MEMORANDUM AND ORDER - Plaintiffs' motion to dismiss defendant's counterclaim (Filing No. 46 ) is denied. Defendant's motion for oral argument regarding motion to dismiss (Filing No. 54 ) is denied as moot. Defendant's motion in limine and request for oral argument (Filing No. 55 ) are denied as moot. Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
50
ORDER granting 49 Motion to Extend - The parties shall have until fourteen days after ruling on the motion to dismiss to file their Rule 26(f) report. Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
43
ORDER granting 42 Motion to Continue. Rule 26 Meeting Report Deadline set for 3/13/2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
41
ORDER granting 39 Motion to Continue. Rule 26 Meeting Report Deadline set for 2/9/2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
33
ORDER granting 32 Motion to Extend - Plaintiffs shall have until November 23, 2011, to file their brief in opposition to the motion for more definite statement 27 . Ordered by Senior Judge Lyle E. Strom. (TEL)
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Filing
31
ORDER - The Motion to continue deadline to file Rule 26(f) report (Filing No. 30 ) is granted; the parties shall have until fourteen days after the Court has ruled on defendant's motion for more definite statement. Ordered by Senior Judge Lyle E. Strom. (AOA)
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Filing
29
ORDER granting 26 Motion to Withdraw as Attorney. Brian D. Nolan and Richard P. Lavin, II, with the law firm of Nolan, Olson & Stryker, P.C., are deemed withdraw as counsel of record for defendant. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
24
ORDER granting 22 Motion to Extend - Defendant shall have until October 26, 2011, to answer or otherwise respond to plaintiff's complaint. The parties shall have until October 31, 2011, to submit the Rule 26(f) report on planning conference. Ordered by Senior Judge Lyle E. Strom. (TEL)
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