Tracy et al v. Telemetrix et al

Defendant: Gayle Becker, Larry Becker, William W. Becker, Becker Capital Management, LLC, Gary Brown, Convey Communications, Inc., Green Eagle Communications, Inc., Green Eagle Networks, Inc., John Doe Corporations, John and Jane Does and Telemetrix
Plaintiff: Michael J. Tracy and Tracy Broadcasting Corporation
Case Number: 8:2012cv00359
Filed: October 8, 2012
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Richard G. Kopf
Referring Judge: Cheryl R. Zwart
Nature of Suit: Stockholders Suits
Cause of Action: 28:1441 Petition For Removal--Other Contract
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
December 2, 2015 321 Opinion or Order of the Court MEMORANDUM AND ORDER - The plaintiff's motion for summary judgment 302 is denied without prejudice to refiling, subject to conditions. The plaintiff's motion 303 to restrict access to certain exhibits that have been filed in support of the motion for summary judgment and that are subject to the protective order 191 is granted. The defendants' joint motion 319 for an extension of time to file a response to the plaintiff's motion for summary judgment, and the plaintiff's objection thereto 320 , are denied as moot. The Clerk of Court shall send a copy of this memorandum and order to Magistrate Judge Zwart. Ordered by Senior Judge Richard G. Kopf. (Copies given as directed) (KLF)
November 13, 2015 310 Opinion or Order of the Court MEMORANDUM AND ORDER regarding pending motions. Rulings as stated. On or before November 30, 2015, the parties shall contact the undersigned Magistrate Judge's chambers and schedule a status conference to discuss further case progression deadlines. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 3, 2015 300 Opinion or Order of the Court ORDER - IT IS ORDERED: The motion to permit Philip M. Kelly and Jerald L. Ostdiek, and the law firm of Douglas, Kelly, Ostdiek, Ossian, Broderick and Vogl, P.C., to withdraw as counsel of record for Defendants Telemetrix, Inc., William W. Becker, and Gary Brown, (filing no. 298 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
September 15, 2015 271 Opinion or Order of the Court ORDER granting 254 motion to stay and/or amend progression schedule and setting motion filing and response deadlines. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
September 12, 2015 270 Opinion or Order of the Court ORDER - IT IS ORDERED: On or before September 24, 2015, Plaintiffs shall file a brief or statement in support of their motion to restrict (Filing No. 259 ), which identifies: 1) the Filing No. 260 documents that should be filed of public record; 2) those documents which can be reasonably redacted (see Nebraska Civil Rule 5.3 (b)), along with a copy of the proposed redacted version; and 3) those documents which must be filed, in the totality, as restricted access documents along with an explanation of why confidentiality is necessary and redaction is not a reasonable option. On or before October 8, 2015, Defendants may respond to Plaintiffs' brief or statement filed in support of the motion to restrict, (Filing No. 259 ). Filing No. 260 (and its attachments) shall remain provisionally filed as a restricted access filing pending the court's ruling on the motion to restrict, (Filing No. 259 ). Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
August 30, 2015 253 Opinion or Order of the Court ORDER that the parties' joint motion to amend 252 is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
August 27, 2015 251 Opinion or Order of the Court MEMORANDUM AND ORDER - 1) Plaintiff's Motion for Reconsideration, (Filing No. 239 ) is granted.2) Plaintiff's Motion to Determine the Sufficiency of Answers to Requests for Admissions, (Filing No. 204 ) is granted in part and denied in part.3) On or before September 9, 2015, Defendants shall amend their respective responses to Plaintiff's requests for admission as set forth in this order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 17, 2015 237 Opinion or Order of the Court MEMORANDUM AND ORDER that based on the parties' statements on remaining discovery disputes, (Filing No. 230, Filing No. 231), Plaintiffs' motion to determine the sufficiency of the defendants' answers to requests for admission, (Fi ling No. 204), is denied as moot. As to the plaintiffs' motion, (Filing No. 216), the GE defendants will be required to: a. On or before July 23, 2015, serve a written statement, signed under oath, which explains the efforts they have made to locate within their own files, or obtain from the bank, copies of the cancelled checks and deposit slips for the Becker Capital Management account at Wells Fargo Bank for 2006-2009, along with a statement of whether responsive documents could be located and were produced as a result of those efforts. b. Supplement their production of non-privileged emails responsive to Plaintiffs' discovery by July 20, 2015. As to the plaintiffs' motion, (Filing No. 215), the Telemetrix defend ants will be required to prepare a privilege log in compliance with this order, and shall serve that log on plaintiffs' counsel no later than July 31, 2015. Upon review of the filings, with the exception of Filing No. 217-39 (the Green Eagle 2011 Federal Income Tax Return), the plaintiffs' motion to restrict, (Filing No. 221), is denied. Filing No. 217-39 shall remain filed as a restricted access document. Plaintiffs' motion for sanctions is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
July 2, 2015 229 Opinion or Order of the Court ORDER granting 228 Motion to Withdraw as Attorney. Daniel M. Donnelly is permitted to withdraw as counsel on behalf of Plaintiff. Ordered by Magistrate Judge Cheryl R. Zwart. (MLF, )
May 14, 2015 211 Opinion or Order of the Court ORDER - After conferring with counsel for the parties... Counsel for the parties shall thoroughly discuss the ongoing discovery issues, and after doing so, on or before May 28, 2015, they shall jointly submit a proposed amended scheduling order to the court. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 1, 2015 202 Opinion or Order of the Court ORDER that the Motion to Withdraw counsel's motion to withdraw as Attorney for Defendants Telemetrix, Inc., William W. Becker and Gary Brown, (Filing No. 201), is granted. The motion to withdraw filed by Daniel K. Calisher, David S. Canter, and Brian C. Proffitt, and the law firm of Foster Graham Milstein & Calisher, LLP, (Filing No. 193), is withdrawn. The motion to withdraw filed by Philip M. Kelly and Jerald L. Ostdiek, and the law firm of Douglas, Kelly, Ostdiek and Ossian, P.C., (Filing No. 197), who serve as local counsel for Daniel K. Calisher, David S. Canter, and Brian C. Proffitt, and the law firm of Foster Graham Milstein & Calisher, LLP, is denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
April 20, 2015 198 Opinion or Order of the Court ORDER granting 195 Motion to Amend Deadlines. The deadline for completing written discovery under Rules 33 through 36 of the Federal Rules of Civil Procedure is May 1, 2015. Motions to compel Rule 33 through 36 discovery must be filed by June 1, 2 015. The deadlines for complete expert disclosures for all experts expected to testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are: For the plaintiff(s): June 1, 2015, For the defendant(s): July 1, 2015.The Fact deposition deadline is June 19, 2015. Expert deposition deadline is July 17, 2015. The deadline for filing motions to exclude testimony on Daubert and related grounds is August 3, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
March 27, 2015 191 Opinion or Order of the Court STIPULATED PROTECTIVE ORDER regarding Motion for Protective Order 190 . Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 20, 2015 186 Opinion or Order of the Court ORDER granting in part and denying in part 183 defendants' Motion to Extend. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 13, 2015 184 Opinion or Order of the Court ORDER regarding MOTION to Extend Discovery Response Deadline 183 . On or before February 18, 2015, the plaintiffs shall file their response to the defendants' motion to continue the discovery response deadline, (Filing No. 183 ), in the absence of which the motion will be deemed unopposed, and will be granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 6, 2015 177 Opinion or Order of the Court AMENDED FINAL PROGRESSION ORDER granting 174 Motion to Amend. Deadlines amended as stated in this order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 22, 2014 173 Opinion or Order of the Court ORDER granting 172 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
May 23, 2014 155 Opinion or Order of the Court ORDER that Attorney James Zimmerman has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Mr. Zimmerman is directed to pay the $20.00 fee or show cause why he is unable to do so. Show Cause Deadline set for 6/23/2014. Ordered by Chief Judge Laurie Smith Camp. (MTB)
May 10, 2013 121 Opinion or Order of the Court ORDER - IT IS ORDERED that Plaintiff shall have until June 10, 2013 to file a second amended complaint in accordance with the Memorandum and Order filed on April 11, 2013 at filing no. 117 . Ordered by Senior Judge Richard G. Kopf. (TCL )
March 14, 2013 106 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED: The plaintiff's motions, (Filing Nos. 102 and 104 ), are granted. The clerk is directed to issue amended summons for service of plaintiff's complaint upon: Gary Campbell 6490 West Desert Inn Road, Suite 101 Las Vegas, NV 89146 and Cytta Corp. Registered Agent: Nevada Processing Center, Inc. 6490 West Desert Inn Road Las Vegas, NV 89146. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )

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Search for this case: Tracy et al v. Telemetrix et al
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Defendant: Gayle Becker
Represented By: Daniel K. Calisher
Represented By: Thomas J. Culhane
Represented By: Kenneth C. Groves
Represented By: Benjamin J. Larson
Represented By: Brian C. Proffitt
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Defendant: Larry Becker
Represented By: Daniel K. Calisher
Represented By: Thomas J. Culhane
Represented By: Kenneth C. Groves
Represented By: Benjamin J. Larson
Represented By: Brian C. Proffitt
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Defendant: William W. Becker
Represented By: Daniel K. Calisher
Represented By: Philip M. Kelly
Represented By: Brian C. Proffitt
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Defendant: Becker Capital Management, LLC
Represented By: Daniel K. Calisher
Represented By: Thomas J. Culhane
Represented By: Kenneth C. Groves
Represented By: Benjamin J. Larson
Represented By: Brian C. Proffitt
Represented By: Matthew B. Reilly
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Defendant: Gary Brown
Represented By: Daniel K. Calisher
Represented By: Philip M. Kelly
Represented By: Brian C. Proffitt
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Defendant: Convey Communications, Inc.
Represented By: Daniel K. Calisher
Represented By: Philip M. Kelly
Represented By: Jerald L. Ostdiek
Represented By: Brian C. Proffitt
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Defendant: Green Eagle Communications, Inc.
Represented By: Daniel K. Calisher
Represented By: Thomas J. Culhane
Represented By: Kenneth C. Groves
Represented By: Benjamin J. Larson
Represented By: Jerald L. Ostdiek
Represented By: Brian C. Proffitt
Represented By: Matthew B. Reilly
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Defendant: Green Eagle Networks, Inc.
Represented By: Daniel K. Calisher
Represented By: Thomas J. Culhane
Represented By: Kenneth C. Groves
Represented By: Benjamin J. Larson
Represented By: Jerald L. Ostdiek
Represented By: Brian C. Proffitt
Represented By: Matthew B. Reilly
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Defendant: John Doe Corporations
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Defendant: John and Jane Does
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Defendant: Telemetrix
Represented By: Daniel K. Calisher
Represented By: Philip M. Kelly
Represented By: Jerald L. Ostdiek
Represented By: Brian C. Proffitt
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Plaintiff: Michael J. Tracy
Represented By: Stuart J. Dornan
Represented By: Ross R. Pesek
Represented By: James L. Zimmerman
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Plaintiff: Tracy Broadcasting Corporation
Represented By: Stuart J. Dornan
Represented By: James L. Zimmerman
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