Union Pacific Railroad Company v. Colony National Insurance Company et al
| Union Pacific Railroad Company |
| American Home Assurance Company, Colony National Insurance Company and Deangelo Brothers |
| 8:2013cv00084 |
| March 13, 2013 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Laurie Smith Camp |
| F.A. Gossett |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance 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
258
ORDER - This case is closed for statistical purposes only, pending the submission of documents as contemplated in ECF No. 256 . Ordered by Chief Judge Laurie Smith Camp. (LAC)
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Filing
248
MEMORANDUM AND ORDER that Defendant Colony National Insurance Company's Motion in Limine Regarding Confidentiality and Sealing of Materials, ECF No. 215 , is denied, without prejudice to reassertion after trial. Ordered by Chief Judge Laurie Smith Camp. (LAC)
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Filing
245
MEMORANDUM AND ORDER - Defendant Colony National Insurance Company's Motion in Limine to Exclude Jay Pfeiffer, ECF No. 216 , is denied, without prejudice to assertion of objections at trial. Defendant Colony National Insurance Company's Motion in Limine Limiting Testimony of Robert Hart to Authentication of Records, ECF No. 220 , is denied, without prejudice to assertion of objections at trial. Ordered by Chief Judge Laurie Smith Camp. (LKO)
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Filing
234
MEMORANDUM AND ORDER that the Plaintiff Union Pacific Railroad Company's Motion in Limine (Daubert) to Exclude Expert Sharon Van Dyck, ECF No. 194 , is denied, without prejudice to objections at trial. Defendant Colony National Insurance Co mpany's Motion to Exclude Expert Report, Opinions and Testimony of Joseph R. Farris, Esquire, ECF No. 197 , is denied, without prejudice to objections at trial. Plaintiff Union Pacific Railroad Companys Motion for Leave to File Surreply, ECF No. 229 , is denied. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
230
MEMORANDUM AND ORDER that the Motion in Limine to Exclude Certain Witnesses from Trial, submitted by Plaintiff Union Pacific Railroad Company, ECF No. 191 , is granted, in part, as follows: Defendant Colony National Insurance Company is precluded from calling Kenneth W. Heathington or Robert Pottroff as a trial witness; and Defendant Colony National Insurance Company is precluded from calling Thomas C. Jones, Timothy C. Gaarder, or Grant L. Davis as a trial witness, for any purpose other t han impeachment, unless Defendant Colony National Insurance Company makes such witness available to Plaintiff Union Pacific for deposition, in Omaha, Nebraska, on or before February 28, 2018, and Defendant Colony National Insurance Company bears the costs of the deposition. The Motion is otherwise denied. Ordered by Chief Judge Laurie Smith Camp. (LAC)
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Filing
190
ORDER that the Dismissal with Prejudice, ECF No. 189 , is approved. Defendant DeAngelo Brothers, Inc., is dismissed from the above-captioned action, with prejudice. Defendant American Home Assurance Co. is dismissed from the above-captioned action, with prejudice. The Court will not assess costs or attorney's fees as to Defendants DeAngelo Brothers, Inc., and American Home Assurance Co.. The Clerk will adjust the caption accordingly. Ordered by Chief Judge Laurie Smith Camp. (LAC)
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Filing
188
ORDER that on or before January 12, 2018, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) with respect to Defendants Deangelo Brothers, Inc. and American Home Assurance Company, and shall submit to the trial judge a draft order dismissing those parties. The deadline for filing motions in limine challenging the admissibility of expert testimony at trial under Fed. R. Evid. 702, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1 999), and Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579 (1993), is extended to January 29, 2018. By the parties' agreement, the trial currently set to commence during the week of March 20, 2018, in Omaha, Nebraska, shall be a four (4) day non-jury trial before the Honorable Laurie Smith Camp, Chief United States District Judge. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
175
ORDER that the Joint Proposed Stipulation for Extension and Request for Status Hearing (Filing No. 174 ) is granted. A status conference is set for December 22, 2017, at 10:00 a.m., by telephone with the undersigned magistrate judge. A separate order will be filed with conferencing instructions. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
154
FOURTH AMENDED CASE PROGRESSION ORDER granting the parties' Joint and Uncontested Motion to Amend 153 . The Final Pretrial Conference and Trial dates remain unchanged. Ordered by Magistrate Judge Michael D. Nelson. (CS)
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Filing
145
THIRD AMENDED CASE PROGRESSION ORDER granting 144 the Joint Motion to Amend. The final pretrial conference is set for 2/23/2018 before the assigned magistrate judge. The jury trial is set for the week of 3/20/2018 at 8:30 A.M., before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
141
SECOND AMENDED CASE PROGRESSION ORDER granting 140 Motion to Amend. The deadlines are amended as set out in this order. The final pretrial conference is set for 12/18/2017 at 9:30 AM in chambers before the assigned magistrate judge. A jury trial before Chief Judge Laurie Smith Camp is set for the week of 1/16/2018. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
139
ORDER that Defendant American Home Assurance Company's Motion to Withdraw Appearance and Substitute Counsel (Filing No. 134 ) is granted. The law firm of Pietragallo Gordon Alfano Bosick & Raspanti LLP is hereby substituted for Greenberg Tra urig LLP as counsel for Defendant American Home Assurance Company. Joel Max Eads and the law firm of Greenberg Traurig LLP are granted leave to withdraw. The Clerk of Court is directed to terminate the appearance of Mr. Eads as counsel for American Home Assurance Company and terminate future notices to Mr. Eads in this action. Ordered by Magistrate Judge F.A. Gossett. (LAC)
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Filing
133
ORDER that Defendant Colony National Insurance Company's Motion to Compel (Filing No. 90 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (LAC)
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Filing
129
AMENDED SCHEDULING ORDER. The parties' proposed progression schedule is adopted per this order. In particular, the Pretrial Conference is set for 10/16/2017 at 09:30 AM in Chambers before the magistrate judge. The Jury Trial is set for 11/14/2017 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp.Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
126
ORDER that the parties are to meet and confer and submit a proposed progression order to this court on or before May 13, 2016. Any briefs and evidence in opposition to Colony National Insurance Company's Motion to Compel (Filing No. 90 ) shall be filed on or before May 16, 2016. Colony may file a reply brief and index of evidence within seven (7) days after the filing and service of any brief in opposition. See NECivR 7.1. Ordered by Magistrate Judge F.A. Gossett. (LAC)
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Filing
124
MEMORANDUM AND ORDER that the Motion for Partial Summary Judgment (Filing No. 100 ) submitted by Defendant Colony National Insurance Co. is granted in part as follows: Defendants' liability to Plaintiff Union Pacific Railroad Company is limited by the scope of the indemnity clause in the 2005 Agreement between Plaintiff and Defendant DeAngelo Brothers, Inc. The Motion is otherwise denied. The Motion for Partial Summary Judgment (Filing No. 103 ) submitted by Defendant American Home Assur ance Company is granted. The Motion for Partial Summary Judgment (Filing No. 104 ) submitted by Plaintiff Union Pacific Railroad Company is denied. The stay of discovery (Filing No. 95 ) is lifted. Magistrate Judge F.A. Gossett may issue a new order progressing the case. The Motion for Leave to File Clarification Re: Oral Argument (Filing No. 123 ) submitted by Colony National Insurance Company is denied as moot. Ordered by Chief Judge Laurie Smith Camp. (LAC)
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Filing
95
ORDER STAYING DISCOVERY AND SETTING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT that all discovery is this matter is temporarily stayed until the resolution of the parties' anticipated cross-motions for partial summary judgm ent. The deadline for the parties to file their respective motions for partial summary judgment is December 15, 2015. The deadline for submitting a brief in opposition to a motion for partial summary judgment is February 1, 2016. The deadline for the movants to file reply briefs in support of their respective motions for partial summary judgment is February 15, 2016. Ordered by Magistrate Judge F.A. Gossett. (LAC)
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Filing
89
ORDER AMENDING R.26 PLANNING REPORT DEADLINES, granting 88 Motion to Extend. The requested deadlines are extended as set out in this order. The telephonic R.16 planning conference remains scheduled for 11/9/2015 at 10:30 A.M. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
84
PROTECTIVE ORDER - Upon consideration of the Joint Motion for Entry of Stipulated Protective Order 83 , it is ordered that the motion is granted. Ordered by Magistrate Judge F.A. Gossett. (SLP)
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Filing
82
ORDER denying 70 Plaintiff's Motion for a Protective Order. If desired, the parties may, consistent with the rulings herein, confer and jointly submit a stipulated protective order for entry by the Court. Ordered by Magistrate Judge F.A. Gossett. (SLP)
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Filing
40
ORDER granting 39 Motion to Withdraw as Attorney. The Clerk of Court shall terminate the appearance of Gage Cobb as counsel of record for Plaintiff and shall terminate future notices to Mr. Cobb in this action. Ordered by Magistrate Judge F.A. Gossett. (ADB)
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