McDonald Apiary, LLC v. Starrh Bees, Inc., et al
Plaintiff: McDonald Apiary, LLC
Defendant: Anne Ashley, Dale Ashley, Jonathan Gonzalez and Starrh Bees, Inc.
Case Number: 8:2014cv00351
Filed: November 12, 2014
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: John M. Gerrard
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Contract Dispute
Jury Demanded By: Both

Available Case Documents

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

Date Filed Document Text
January 29, 2018 Opinion or Order Filing 306 ORDER directing counsel shall either 1) withdraw the following exhibits previously submitted in this matter, jury trial held 12/1/16-12/16/16,within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed . If counsel fail to withdraw these exhibits as directed or to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the listed exhibits without further notice to the parties or order from the court. Ordered by Judge John M. Gerrard. (CCB)
April 3, 2017 Opinion or Order Filing 300 JUDGMENT pursuant to the jury's verdict 273 and the accompanying memorandum and order, judgment is entered in favor of Starrh Bees and against McDonald Apiary in the amount of $187,610.54. Attorneys fees and costs will be determined at a later date. Ordered by Judge John M. Gerrard. (CCB)
March 9, 2017 Opinion or Order Filing 296 ORDER - Parties have filed a joint motion to extend certain deadlines in this case. (Filing No. 295 ). IT IS ORDERED: Plaintiff shall respond to Defendant's Objection to Magistrate Judge's Order by March 31, 2017. Defendants shall res pond to Plaintiffs itemized billing statement by March 24, 2017. Regarding the costs and fees to be awarded to Plaintiff: If the parties reach an agreement, they shall file a joint stipulation by April 5, 2017. If parties are unable to agree, Plaintiff shall file a motion for assessment of attorney fees and costs by April 12, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
December 21, 2016 Opinion or Order Filing 275 ORDER that Renewed Rule 50 motions and Rule 59 motions (if any) to be decided before entry of judgment shall be filed on or before January 13, 2017. Post-trial briefs in support of the parties' remaining claims (which are not required) may be filed on or before January 13, 2017. The parties may respond to one another's post-trial briefs (if any) on or before January 27, 2017. In the absence of any timely post-trial motions or briefing, the Court may enter judgment on the jury 9;s verdict without further notice. The Clerk of the Court is directed to enter a case management deadline for January 13, 2017, with the following docket text: check for post-trial motions or briefing and entry of judgment. Ordered by Judge John M. Gerrard. (LAC)
December 1, 2016 Opinion or Order Filing 245 ORDER granting in part and denying in part 199 motion in limine, denying 204 motion in limine, denying 206 motion in limine, denying 209 motion in limine. Ordered by Judge John M. Gerrard. (DCD)
November 30, 2016 Opinion or Order Filing 243 ORDER - The parties objections, as stated on their exhibit lists, that documents were not timely disclosed, are denied. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
November 21, 2016 Opinion or Order Filing 234 TRIAL ORDER: Jury Trial set for 12/1/2016 at 09:15 AM in Lincoln County Courthouse, Courtroom 1, 301 N. Jeffers St., North Platte, NE before Judge John M. Gerrard. Pretrial Hearing set for 11/30/2016 at 02:30 PM in Lincoln County Courthouse, Cour troom 1, 301 N. Jeffers St., North Platte, NE before Judge John M. Gerrard. To facilitate the pretrial hearing, the Court will utilize the Pretrial Conference Order entered by the United States Magistrate Judge on October 14, 2016 (filing 191 ) and any supplemental order entered as a result of the Magistrate Judge's supplemental pretrial conference set for November 29, 2016. Parties shall deliver to the Court, on or before 12 noon on Tuesday, November 29, 2016, trial copies of all exhibi ts in a three-ring binder organized for use by dividers or tabs, and shall also provide the Court will electronic copies of the exhibits when possible. Exhibits shall be delivered to Judge Gerrard's chambers in Lincoln, Nebraska. If a party wil l use a deposition at trial, the proponent must supply the Court with a copy of the deposition on or before 5 p.m. on Monday, November 28, 2016. If a party objects to the introduction of deposition testimony, that party must supply the Court, by 5 p .m. on Monday, November 28, 2016, with a list specifying the precise nature of each objection and identifying its location by page and line. If a party intends to use testimony in a videotaped deposition and the opponent objects to any portion of it , the proponent must supply the Court with a transcript of the testimony from the deposition on or before 5 p.m. on Monday, November 28, 2016. If a party objects to the introduction of videotaped deposition testimony, that party must supply the Court, by 5 p.m. on Monday, November 28, 2016. Ordered by Judge John M. Gerrard. (KMG)
November 18, 2016 Opinion or Order Filing 226 ORDER denying 221 Motion for Reconsideration. The discovery ordered to be produced (see Filing No. 198 ) shall be delivered to McDonald Apiarys counsel by email (if feasible) or personal delivery by no later than 1:00 p.m. today.A telepho nic conference with the undersigned magistrate judge will be held today, (November 18, 2016) at 4:15 p.m. to discuss Starr Bee's request for reciprocal discovery and whether the court should order a settlement conference. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
November 5, 2016 Opinion or Order Filing 198 ORDER granting 194 Motion for expedited discovery; granting 197 Motion for Leave to file a surreply.A supplemental Pretrial Conference to update the final pretrial conference order and exhibit lists, as needed, is scheduled to be held before the undersigned magistrate judge on November 21, 2016 at 8:30 a.m. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
October 10, 2016 Opinion or Order Filing 187 ORDER denying 141 Motion for Partial Summary Judgment; denying 158 Motion in Limine. Ordered by Judge John M. Gerrard. (DCD)
September 14, 2016 Opinion or Order Filing 180 MEMORANDUM AND ORDER - McDonald's Motion for Leave to Amend Second Amended Complaint (filing 135 ) is granted. McDonald's Third Amended Complaint (filing 137 -2), a copy of which was attached to its motion, shall be filed on or before September 21, 2016. On or before September 21, 2016, the parties shall confer and contact the Magistrate Judge's chambers to set a conference for the purpose of discussing any additional discovery or scheduling issues that may be required as a result of the Third Amended Complaint. Ordered by Judge John M. Gerrard. (GJG)
July 6, 2016 Opinion or Order Filing 140 ORDER: Plaintiff's objection to Defendants' proposed subpoena of records from the First National Bank of Gordon, (Filing No. 131 ), is sustained in part and overruled in part. Plaintiff shall fully comply with the court's prior discovery order, (Filing No. 120 ), by 12:00 p.m. (noon) on July 7, 2016.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
March 4, 2016 Opinion or Order Filing 94 MEMORANDUM AND ORDER overruling 81 Order on Appeal to Magistrate Judge Order. The plaintiff's objection 81 is overruled. The defendant's request for expedited consideration 93 is referred to the United States Magistrate Judge for disposition. Ordered by Judge John M. Gerrard. (DCD)
February 18, 2016 Opinion or Order Filing 86 AMENDED PROGRESSION ORDER adopting 85 Joint Stipulation. Deadlines amended as stated herein. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 26, 2016 Opinion or Order Filing 78 PROTECTIVE ORDER - Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 25, 2016 Opinion or Order Filing 77 MEMORANDUM AND ORDER - (1) Plaintiff's motion for a protective order, (Filing No. 72 ), is granted in part and denied in part. A protective order will be entered, but the request for an Attorney's Eyes Only provision is denied.(2) The protective order submitted by Starrh Bees, (Filing No. 76 -2), is hereby adopted and will be separately entered. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 16, 2015 Opinion or Order Filing 71 ORDER - A conference call was previously scheduled to discuss any remaining controversy over the terms of the parties protective order. However, after comparing and reviewing the parties' proposed protective orders, the court is convinced this i ssue cannot be resolved by further discussion. Accordingly,1) The conference call scheduled for November 17, 2015 is cancelled.2) Plaintiff McDonald Apiary's motion for a protective order with AEO provisions shall be filed on or before December 1, 2015. Defendant's response shall be filed on or before December 11, 2015. No reply shall be filed absent leave of the court for good cause shown. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 11, 2015 Opinion or Order Filing 32 MEMORANDUM AND ORDER granting 10 Plaintiff's Motion to Change Place of Trial to the North Platte Division. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Defendant: Anne Ashley
Represented By: Patrick S. Cooper
Represented By: Michael F. Coyle
Represented By: Robert W. Futhey
Represented By: Michael J. Stump
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Defendant: Dale Ashley
Represented By: Patrick S. Cooper
Represented By: Michael F. Coyle
Represented By: Robert W. Futhey
Represented By: Michael J. Stump
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Defendant: Jonathan Gonzalez
Represented By: Patrick S. Cooper
Represented By: Michael F. Coyle
Represented By: Robert W. Futhey
Represented By: Michael J. Stump
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Defendant: Starrh Bees, Inc.
Represented By: Patrick S. Cooper
Represented By: Michael F. Coyle
Represented By: Robert W. Futhey
Represented By: Michael J. Stump
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Plaintiff: McDonald Apiary, LLC
Represented By: William G. Dittrick
Represented By: Kenneth W. Hartman
Represented By: Nathaniel J. Jaggers
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