Home Instead, Inc. v. Florance et al
| Home Instead, Inc. |
| David Florance, Michelle Florance and Friend of a Friend, Inc. |
| 8:2012cv00264 |
| August 1, 2012 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| John M. Gerrard |
| Cheryl R. Zwart |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Both |
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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
177
PERMANENT INJUNCTION Ordered by District Judge John M. Gerrard.(Zwart, Cheryl)
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Filing
165
ORDER - Defendants' motion for partial summary judgment is pending. IT IS ORDERED that the pretrial conference and jury trial are continued pending further order of the court. Within ten (10) days after the summary judgment ruling, the parties shall contact the undersigned magistrate judge's chambers to re-schedule the pretrial conference and trial. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
158
ORDER granting 156 Motion to Amend. The deadline for filing motions to dismiss and motions for summary judgment is March 21, 2014. The jury trial of this case is set to commence before John M. Gerrard, United States District Judge, in the Spec ial Proceedings Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on May 12, 2014, or as soon thereafter as the case may be called, for a duration of five (5) trial days. Jury selection will be he ld at the commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on April 29, 2014 at 10:00 a.m., and will be conducted by WebEx conferencing. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
139
MEMORANDUM AND ORDER granting in part the plaintiff's objection to defendant's Notice of Compliance 134 . The defendants' motion for extension of time and to continue the case progression schedule 123 is granted. The unexpired case progression deadlines, including the trial and pretrial conference settings, are set aside pending further order of the court. On or before January 21, 2014, the defendants shall supplement their written discovery responses. If after reviewing the au dio file, the parties have any remaining discovery questions, or if new questions arise, defense counsel shall bring those issues to the court's attention immediately, and no later than January 10, 2014, to set a conference call on the questions or issues in dispute. As to setting a new progression schedule, on or before February 11, 2014, the parties shall either: 1) file an abbreviated Rule 26(f) report; or 2) send an email to zwart@ned.uscourts.gov which outlines the parties' proposed case progression deadlines; or 3) contact my chambers to set a conference call for discussing case progression. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
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Filing
118
MEMORANDUM AND ORDER granting 96 Motion to Restrict pursuant to the E-Government Act; granting Plaintiff's 97 Motion to Compel; denying Defendants' 104 Objection; granting 107 Stipulation; granting 117 Motion to Extend. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
115
ORDER granting 114 Motion to Withdraw Kirk Goettsch as Attorney for Defendants David Florance, Michelle Florance, and Friend of a Friend, Inc. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
99
ORDER that defendants' response to plaintiffs' 97 Motion to Compel shall be filed on or before October 10, 2013. No reply shall be filed absent leave of the court for good cause shown. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
82
ORDER - This matter is before the Court on its own motion, in order to address the effect of the recent decision by the Court of Appeals for the Eighth Circuit, which reversed this Court's denial of defendants' motion for preliminary inju nctive relief. In order to more efficiently resolve this case, the Magistrate Judge will hold a status conference to address the parties' pending motions and discuss the overall progression of the case. Currently pending before the Court are tw o motions: plaintiff Home Instead's motion for preliminary injunctive relief (filing 26 ) and defendants' motion to certify questions of state law (filing 41 ). Now that the Court of Appeals has issued its mandate (filing 81 ), this Cou rt will also need to reconsider defendants' motion for preliminary injunctive relief (filing 9 ). Prior to, or at the conference, the parties should decide whether they wish to persist in their motions for preliminary injunctive relief. If s o, the parties should consider whether it will be more practical to supplement their existing motions for injunctive relief with updated evidence and appropriate briefing, or to withdraw the existing motions and replace them with new. The parties may also wish to proceed directly to the final resolution of this case, so that appropriate injunctive relief, if any, can be granted on a permanent basis. Because there are factual issues (and likely credibility determinations) that must be res olved, the Court suspects that anything short of trial will fail to meaningfully advance the case (although motions for summary judgment may be useful in framing some of issues of law, such as the enforceability of the covenants not to compete involved in this case). The parties should be prepared, at the status conference, to discuss how they intend to resolve these matters. Ordered by Judge John M. Gerrard. (GJG)
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Filing
80
MEMORANDUM AND ORDER that Paragraph 3 of the court's order entered on July 17, 2013 79 is set aside. A telephonic conference before the undersigned magistrate judge will be held on August 14, 2013 at 2:00 p.m. to discuss the further progression of this case. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
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Filing
79
MEMORANDUM AND ORDER - The motion to stay pending appeal filed on behalf of David Florance, Michelle Florance, and Friend of a Friend, Inc., (Filing No. 71 ), is denied as moot. The motion to restrict filed on behalf of Plaintiff Home Instead, Inc ., (Filing No. 73 ), is granted and filing no. 76 (Exhibit H to the affidavit of Adam Barney) shall remain filed as a restricted access document. The parties shall review the court's prior progression order, (Filing No. 64 ), and shall jo intly confer to determine if any of the deadlines set forth in that order need to be extended or changed. a. If any amendments to the progression order are needed: i. On or before July 31, 2013, the parties shall file a joint motion to amend the final progression order for the courts consideration, or ii. If one or more of the parties believes a planning conference is needed to discuss any modification of the progression order, or if the parties cannot agree on one or more of the deadlines , on or before July 24, 2013, a party shall contact my chambers at (402) 437-1670, or by email addressed to zwart@ned.uscourts.gov, to arrange a conference call. Absent either a motion or a planning conference to modify the progression order entered on April 23, 2013, the court's prior progression order, (Filing No. 64), will remain in effect. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)
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Filing
70
ORDER granting 69 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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Filing
24
MEMORANDUM AND ORDER denying 9 Motion for Preliminary Injunction. Ordered by Judge John M. Gerrard. (ADB)
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