COMM NET v. EMS, Inc. et al
| COMM NET |
| Mitch Johnson, Does 1 through 25 and EMS, Inc. |
| 8:2012cv00336 |
| September 20, 2012 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Thomas D. Thalken |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 Diversity-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
77
ORDER upon notice of settlement given to the magistrate judge by Garth Glissman, co-counsel for plaintiff. On or before June 9, 2014, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and sha ll submit to Chief District Judge Laurie Smith Camp, at smithcamp@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; and The hearing on counsel Assanti's motion to withdraw (# 68 ), set for May 9, 2014, and the pretrial conference set for May 19, 2014, are cancelled, upon the representation that this case is settled. ( Dismissal Papers Deadline due by 6/9/2014.) Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
76
MEMORANDUM AND ORDER - IT IS ORDERED: Defendants' Motion in Limine (Filing No. 57 ) is granted in part as follows: Comm Net will be precluded, in limine, under Fed. R. Evid. 401 and 403, from offering evidence or argument before the jury relat ed to (1) any claim of damages under the Nebraska Uniform Deceptive Trade Practices Act, (2) any claim for injunctive or other equitable relief, (3) any claim for attorney fees in connection with its breach-of-contract or fraud claims, and (4) any cl aim for punitive damages, and the Motion is otherwise denied, without prejudice. Plaintiff's Motion in Limine (Filing No. 64 ) is granted, as follows: The testimony of Defendants' expert witness, John Elliott, will be limited to the opinions fairly presented in his expert report dated January 31, 2014, consistent with Fed. R. Civ. P. 26(a)(2)(B). Ordered by Chief Judge Laurie Smith Camp. (TCL )
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Filing
69
ORDER - The motion to withdraw (filing 68 ) is set for evidentiary hearing on Monday, April 28, 2014, at 10:30 a.m., Courtroom 6, Roman L. Hruska U.S. Courthouse, 111 S. 18th Plaza, Omaha, Nebraska. Comm Net, Inc.'s corporate representative is required to attend the hearing. Alessandro Assanti shall immediately serve a copy of this Order on Comm Net, Inc. via email, as well as by certified U.S. mail, return receipt requested. Mr. Assanti shall file a certificate of service showing com pliance with Paragraph 3 above. The parties are advised that the evidentiary hearing will not be necessary and will be cancelled if Comm Net retains substitute counsel and substitute counsel enters a written appearance by the close of business on April 27, 2014. If substitute counsel is obtained, Mr. Assanti shall promptly advise the Court. Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
63
ORDER granting the Defendant's 61 Motion to Continue Trial. The jury trial before Chief Judge Smith Camp is continued to the week of June 17, 2014, at 9:00 A.M., in Courtroom No. 2 of the Roman L. Hruska United States Courthouse, 111 South 18 th Plaza, Omaha, Nebraska. The pretrial conference is continued to Monday, May 19, 2014 at 10:30 A.M., in the chambers of the undersigned magistrate judge, Suite 2210 of the Roman L. Hruska United States Courthouse. Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
56
ORDER RE: TRIAL PREPARATION (CIVIL JURY TRIAL). Ordered by Chief Judge Laurie Smith Camp. (JB)
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Filing
49
ORDER granting in part and denying in part 38 the Defendant's Motion in Limine and Request for Hearing. Ordered by Chief Judge Laurie Smith Camp. (JB)
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Filing
44
ORDER - IT IS ORDERED that Plaintiff's Motion to Compel (filing 30 ) and Plaintiff's Motion for an Order to Serve Subpoenas Duces Tecum on Non-parties (filing 31 ) are denied. Ordered by Magistrate Judge F.A. Gossett. (TCL )
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