Myers v. Blumenthal et al
Plaintiff: Richard D. Myers
Defendant: Michael L. Blumenthal
Trustee: Patricia Fahey
Interested Party: U.S. Bankruptcy Court
Case Number: 8:2014cv00057
Filed: February 24, 2014
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Thomas D. Thalken
Nature of Suit: Bankruptcy Withdrawl
Cause of Action: 28 U.S.C. ยง 1334 ab Civil Proceeding (BK)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 19, 2015 Opinion or Order Filing 45 ORDER that the parties' Stipulation for Settlement (hereinafter "the Settlement Agreement") (Filing No. 44) is hereby approved and incorporated herein. The court retains jurisdiction to enforce the terms and conditions of the Settle ment Agreement. This matter is stayed pending compliance with the Settlement Agreement. In accordance with the terms of the Settlement Agreement, the plaintiff shall advise the court on or before May 15, 2016, of the defendant's compliance with, or default of, the Settlement Agreement and the court will enter either a judgment in favor of the plaintiff and against the defendant, or an order of dismissal with prejudice, as applicable. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
June 23, 2015 Opinion or Order Filing 33 MEMORANDUM AND ORDER that the motion of Richard D. Myers, the bankruptcy trustee of M&M Marketing, L.L.C. and Premier Fighter, L.L.C, "to Determine Default Judgment Was Non-Final Order, to Clarify Ruling on Trustee's Renewed Motion for P artial Summary Judgment, and Determine Collateral Estoppel Effect of Ruling in the Cronk Case; Request for Judicial Notice" (Filing No. 30) is granted in part and denied in part as set forth in this order. The parties' joint motion to r eview certain orders of the United States Bankruptcy Court (Filing No. 29) is granted. The orders of the United States Bankruptcy Court, construed as Findings and Recommendations, are adopted and affirmed in all respects. Counsel for the plaintiff shall contact the chambers of Magistrate Judge Thomas Thalken within fourteen (14) days of the date of this order to schedule a telephone conference. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
January 26, 2015 Opinion or Order Filing 32 ORDER - This matter is before the court on the plaintiff's, Richard D. Myers, Trustee, Motion for Status Conference (Filing No. 31 ). The motion is denied to the extent the court will not hold a telephone conference to discuss the status of the pending motions for reconsideration. However, in light of the pending motions, the February 17, 2015, trial is cancelled. Following the courts rulings on the pending motions, the court will hold a pretrial telephone conference with counsel to schedule this matter for trial. Counsel for the plaintiff shall contact the chambers of the undersigned magistrate judge within fourteen (14) days after the courts rulings to schedule the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
August 28, 2014 Opinion or Order Filing 24 ORDER denying 6 motion to compel. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
July 2, 2014 Opinion or Order Filing 16 ORDER regarding MOTION to Compel 6 filed by Richard D. Myers. On June 25, 2014, the date the defendant's response to the plaintiff's motion was due, the defendant filed a notice of service of the defendant's answers and responses to the plaintiff's discovery requests. See Filing No. 14 - Notice. On July 1, 2014, the plaintiff filed a brief arguing the defendant's answers and responses are insufficient. See Filing No. 15 - Brief. The defendant shall have until July 16, 2014, to respond and explain the basis of his answers and responses. Thereafter, the plaintiff shall have until July 28, 2014, to reply. Ordered by Magistrate Judge Thomas D. Thalken. (KMG)
June 10, 2014 Opinion or Order Filing 11 ORDER - The defendant shall have until June 25, 2014, to respond to the plaintiff's Motion to Compel (Filing No. 6 ). The plaintiff shall have to July 2, 2014, to file a reply. Additionally, this matter shall continue to progress as scheduled. See Filing No. 10 - Order for Initial Progression of Case. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
April 22, 2014 Opinion or Order Filing 5 ORDER - This matter is before the court following District Judge Joseph F. Bataillons Memorandum and Order (Filing No. 4 ). Judge Bataillon directed the undersigned magistrate judge to progress this case to a jury trial. Accordingly, pursuant Fede ral Rule of Civil Procedure 26(f), within fourteen days of this order, the parties shall meet and confer regarding the progression of this case to a jury trial. Thereafter, the parties shall file a written report of such meeting on or before May 15, 2014. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
April 21, 2014 Opinion or Order Filing 4 MEMORANDUM AND ORDER - The F&R of the bankruptcy judge, Filing No. 1 , is adopted in its entirety. The objections by the trustee, Filing No. 3 , are overruled. The referral in this case is withdrawn. The magistrate judge is ordered to progress this case to a jury trial. Ordered by Judge Joseph F. Bataillon. (AOA)
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Defendant: Michael L. Blumenthal
Represented By: Michael L. Blumenthal
Represented By: Joel M. Carney
Represented By: Michael J. Whaley
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Trustee: Patricia Fahey
Represented By: Jerry L. Jensen
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Plaintiff: Richard D. Myers
Represented By: W. Patrick Betterman
Represented By: Lindsay E. Pedersen
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Interested party: U.S. Bankruptcy Court
Represented By: U.S. Bankruptcy Clerk - Omaha
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