Gilkerson v. Nebraska Colocation Centers, L.L.C.
Plaintiff: Timothy A. Gilkerson
Defendant: American Nebraska Limited Partnership, Nebraska Colocation Centers, L.L.C. and Ralph Edwards Productions, Inc.
Case Number: 8:2015cv00037
Filed: January 27, 2015
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: Recovery/Enforcement
Cause of Action: 28:1332 Diversity-Contract Dispute
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
January 19, 2018 Opinion or Order Filing 118 ORDER that the motion to continue the trial, (Filing No. 112 ), is granted. The trial and pretrial conference settings are vacated, and all deadlines based on the trial setting are set aside pending further order of the court. A telephonic conf erence with the undersigned magistrate judge will be held on February 6, 2018 at 2:00 p.m. to discuss the status of the parties' settlement efforts and if necessary, to set a new pretrial conference and trial date. Counsel shall use the confe rencing instructions assigned to this case, (see Filing No. 82 ), to participate in the call. Defendant's motion for an expedited briefing schedule, (Filing No. 114 ), is denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
December 7, 2017 Opinion or Order Filing 110 MEMORANDUM AND ORDER that Plaintiff's Motion to Compel, (Filing No. 103 ), is granted. Defendant's Objection to Plaintiffs Motion, (Filing No. 105 ), is overruled. Plaintiff is granted leave to serve his proposed subpoena duces tecum , (Filing No. 94-1) on Leo Khayet. The progression order is amended as follows. The jury trial in this case is set to commence before John M. Gerrard, United States District Judge, in the Special Proceedings Courtroom, Roman L. Hruska Federal Cou rthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on February 20, 2018, or as soon thereafter as the case may be called, for a duration of four (4) trial days. This case is subject to the prior criminal cases and such other civil cases as may be scheduled, if any, as may be scheduled for trial before this one. Jury selection will be held at the commencement of trial. The pretrial conference is scheduled to be held before the undersigned magistrate judge on February 6, 2018 at 1 :00 p.m., and will be conducted by WebEx conferencing. A separate order will be entered with instructions and codes for participating in the pretrial conference by WebEx. The patties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on February 5, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
November 21, 2017 Opinion or Order Filing 102 ORDER that the parties shall promptly discuss any parallels between this case and 8:17CV369-LSC-CRZ, Nebraska Data Centers, LLC v. Khayet, and after reviewing Nebraska General Rule 1.4 (a)(4), file a notice of related case if appropriate. The p arties shall promptly confer regarding Plaintiff's proposed third party subpoena to be served on Leo Khayet (see, Filing No. 94 ). If the parties cannot resolve their dispute over the service and scope of that subpoena, a motion for court resolution of that issue shall be filed on or before December 1, 2017. Any reply shall be filed within seven (7) days after the motion was filed. With Defendant's agreement, Plaintiff's motion to compel a supplemental corporate disclos ure statement, (Filing No. 96 ), and to amend the designation of Nebraska Colocation Centers, L.L.C. (Filing No. 98 ), is granted. On or before December 1, 2017, Defendant Nebraska Colocation Centers, L.L.C. shall file a new corporate disclosure statement along with a notice that the real party interest, previously known and correctly identified as Nebraska Colocation Centers, L.L.C., is now Nebraska Data Centers, L.L.C. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
October 19, 2017 Opinion or Order Filing 93 ORDER granting in part and denying in part 91 Stipulation for protective order. The court has stricken paragraph 15 of the proposed protective order regarding unending federal jurisdiction over allegations that the order was violated. But in all other respects, the order is entered as drafted by the parties. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 31, 2016 Opinion or Order Filing 65 MEMORANDUM AND ORDER that the defendant's motion for summary judgment 8 is granted. The plaintiff's complaint is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (JSF)
October 23, 2015 Opinion or Order Filing 44 ORDER granting 41 Stipulated Motion to Extend. The parties have until October 30, 2015 to complete mediation. The Plaintiff's expert witness(es) disclosure is due no later than November 30, 2015 and the Defendant's expert witness(es) disclosure is due no later than December 30, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 7, 2015 Opinion or Order Filing 30 AMENDED PROGRESSION ORDER - The parties joint motion to amend, (Filing No. 29 ), is granted. The remaining pending motions and objections, Filing Nos. 14 , 17 , 19 , 22 , and 24 are denied as moot. Jury Trial set for 6/27/2016 at 09:00 AM Co urtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Pretrial Conference set for 6/14/2016 at 09:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
July 16, 2015 Opinion or Order Filing 21 ORDER Plaintiff's response to defendant's brief 18 , and its motion 19 , shall be filed on or before July 23 2015. The plaintiff's motion to extend 17 , and the defendant's motion to strike plaintiff's expert designation 19 , shall be deemed fully submitted on July 24, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (CCB)
February 17, 2015 Opinion or Order Filing 6 ORDER granting 5 Motion for Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Defendant: American Nebraska Limited Partnership
Represented By: Christopher E. Hoyme
Represented By: Sarah J. Millsap
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Defendant: Nebraska Colocation Centers, L.L.C.
Represented By: Christopher E. Hoyme
Represented By: Sarah J. Millsap
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Defendant: Ralph Edwards Productions, Inc.
Represented By: Christopher E. Hoyme
Represented By: Sarah J. Millsap
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Plaintiff: Timothy A. Gilkerson
Represented By: Connie G. Jolly, Jr.
Represented By: Angela F. Schmit
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