Moore et al v. Besser Company
| William Moore and Larson Cement Stone Co. |
| Besser Company |
| 8:2015cv00298 |
| August 10, 2015 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F Bataillon |
| Thomas D Thalken |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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Filing 61
JUDGMENT, pursuant to the Memorandum and Order #60 , is entered in favor of the defendant and against the plaintiffs. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing 60
MEMORANDUM AND ORDER granting #44 Motion for Summary Judgment. Plaintiffs' suit is dismissed in its entirety. A separate judgment will be entered in accordance with the memorandum and order. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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| Filing 59 REPLY regarding MOTION for Summary Judgment #44 by Attorney Justin T. Winquist on behalf of Defendant Besser Company.(Winquist, Justin) |
| Filing 58 INDEX in opposition to Besser's Motion for Summary Judgment by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore. (Attachments: #1 Exhibit Declaration of Paul Lemrick)(Palagi, Ronald) |
| Filing 57 BRIEF in opposition to Besser's Motion for Summary Judgment by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore.(Palagi, Ronald) |
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Filing 56
ORDER TO SHOW CAUSE that Attorney Donna S. Colley is to pay the biennial assessment. Show Cause Deadline set for 6/16/2016. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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Filing 55
TEXT ORDER granting 54 Oral Motion. In the absence of a request for a mediation stay, the court will hold a telephone planning conference with counsel ten (10) business days following the ruling on the motion for summary judgment #44 . Plaintiff Moore's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (ZWA)
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| Filing 54 TEXT ORAL MOTION - by counsel for the parties to continue the planning conference. (ZWA) |
| Filing 53 TEXT MINUTE ENTRY for proceedings held on May 20, 2016, before Magistrate Judge Thomas D. Thalken with with Donna S. Colley representing the plaintiff William Moore, Gregory W. Plank representing the plaintiff Larson Cement Stone. Co, and Cory M. Curtis representing the defendant Besser Company. The parties requested a continuance of the planning conference. (ZWA) |
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Filing 52
TEXT ORDER granting #49 and #51 the parties' Joint Motion to Extend. The plaintiff shall have an extension of time until June 2, 2016, to respond to the defendant's Motion for Summary Judgment #44 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 51 JOINT MOTION to Extend Plf's Time to File Response to Def's Mx for Summary Judgment by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore.(Palagi, Ronald) |
| Filing 50 TEXT NOTICE OF INCORRECT EVENT used when filing the Motion for Extension of Time to File a Responsive Pleading #49 by Deputy Clerk. In the future, use the event Motion to Extend. (JSF) |
| Filing 49 JOINT MOTION for Extension of Time by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore.(Palagi, Ronald) Modified on 5/19/2016 to change event type (JSF). |
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Filing 48
TEXT ORDER granting #47 the defendant's Motion to Reschedule Telephone Planning Conference. The telephone conference previously scheduled for May 16, 2016, is canceled. The court will hold a telephone conference on May 20, 2016, at 10:00 a.m. The defendant's counsel shall initiate the conference with the undersigned magistrate judge and participating counsel. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 47 MOTION to Reschedule Telephone Planning Conference by Attorney Cory M. Curtis on behalf of Defendant Besser Company.(Curtis, Cory) |
| Filing 46 INDEX in support of MOTION for Summary Judgment #44 by Attorney Cory M. Curtis on behalf of Defendant Besser Company. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10, #12 Exhibit A-11, #13 Exhibit A-12, #14 Exhibit A-13, #15 Exhibit A-14, #16 Exhibit A-15, #17 Exhibit A-16, #18 Exhibit B)(Curtis, Cory) |
| Filing 45 BRIEF in support of MOTION for Summary Judgment #44 by Attorney Cory M. Curtis on behalf of Defendant Besser Company.(Curtis, Cory) |
| Filing 44 MOTION for Summary Judgment by Attorney Cory M. Curtis on behalf of Defendant Besser Company.(Curtis, Cory) |
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Filing 43
TEXT ORDER granting #42 the parties' Joint Motion to Modify the Agreed Deadline. The defendant shall have an extension of time until April 29, 2016, to file a dispositive motion on the basis of the statute of repose. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 42 JOINT MOTION to Extend /Modify the Agreed Deadline for Besser Company to File Its Motion for Summary Judgment by Attorney Cory M. Curtis on behalf of Defendant Besser Company.(Curtis, Cory) |
| Filing 41 ATTORNEY LETTER by Clerk that Attorney Donna S. Colley has not paid the biennial assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR) |
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Filing 40
TEXT ORDER - This matter is before the court following a telephone conference with the court and counsel for the parties. The plaintiff William Moore was represented by Donna S. Colley, the plaintiff Larson Cement Stone Co. was represented by Gregory W. Plank, and the defendant Besser Company was represented by Cory M. Curtis and Kristin L. Leveille. During the conference it was agreed that by April 15, 2016, the defendant Besser Company shall file a dispositive motion on the basis of the statute of repose and the plaintiff Moore shall pose interrogatories to Besser Company regarding sales of brick-splitting devices. Besser Company has agreed to respond to such interrogatories on or before May 2, 2016. The court will hold a telephone planning conference with counsel on May 16, 2016, at 9:00 a.m. Counsel for the plaintiff Moore shall initiate the telephone conference. During such conference, counsel shall be prepared to discuss mediation and the selection of a mediator. If otherwise engaged in trial, counsel for Larson Cement is excused from such conference. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing 39
TEXT ORDER granting 38 Oral Motion. The court will hold a telephone planning conference on March 31, 2016, at 10:30 a.m. for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Counsel for the plaintiff William Moore shall initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (SMN)
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| Filing 38 TEXT ORAL MOTION - by counsel for the plaintiff William Moore to continue the planning conference previously scheduled for March 4, 2016. (SMN) |
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Filing 37
TEXT ORDER granting 36 Oral Motion. The court will hold a telephone planning conference on March 4, 2016, at 10:30 a.m. for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Counsel for the plaintiff William Moore shall initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (SMN)
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| Filing 36 TEXT ORAL MOTION - by the parties to continue the planning conference previously scheduled for February 25, 2016. (SMN) |
| Filing 35 APPLICATION/ORDER admitting for full-time admission Attorney Kristin L. Leveille for Defendant Besser Company. Ordered by Deputy Clerk. (MKR) |
| Filing 34 NOTICE of Appearance by Attorney Justin T. Winquist on behalf of Defendant Besser Company (Winquist, Justin) |
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Filing 33
TEXT ORDER granting 32 Oral Motion. The court will hold a telephone planning conference on February 25, 2016, at 10:30 a.m. for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Counsel for the plaintiff William Moore shall initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (SMN)
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| Filing 32 TEXT ORAL MOTION - by counsel for the parties to continue the planning conference. (SMN) |
| Filing 31 TEXT MINUTE ENTRY for proceedings held on January 28, 2016, before Magistrate Judge Thomas D. Thalken with Donna S. Colley representing the plaintiff William Moore, Gregory W. Plank representing the plaintiff Larson Cement Stone. Co, and Cory M. Curtis representing the defendant Besser Company. The parties requested a continuance of the planning conference. (SMN) |
| Filing 30 NOTICE of Service by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore (Palagi, Ronald) |
| Filing 29 NOTICE of Service by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore (Palagi, Ronald) |
| Filing 28 NOTICE of Appearance by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore (Palagi, Ronald) |
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Filing 27
ORDER that on or before January 25, 2016, Larson Cement Stone Co. shall make a Fed. R. Civ. P. 30(b)(6) representative available for deposition for the parties to discover the condition, location, and circumstances of the sale of the Integrated Block Splitter Machine at issue. The court will hold a telephone planning conference on January 28, 2016, at 10:00 a.m. for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Counsel for the plaintiff William Moore shall initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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| Filing 26 NOTICE to Take Deposition of Larson Cement Stone Company by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore (Palagi, Ronald) |
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Filing 25
TEXT ORDER granting 24 Oral Motion. The telephone planning conference previously scheduled for December 30, 2015, is canceled. The court will hold a telephone planning conference on January 11, 2016, at 10:00 a.m. Plaintiff's counsel shall initiate the conference with the undersigned magistrate judge and participating counsel. Ordered by Magistrate Judge Thomas D. Thalken. (SMN)
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| Filing 24 TEXT ORAL MOTION - by counsel for the plaintiff to continue the planning conference. (SMN) |
| Filing 23 Certificate of Service of Plaintiff Larson Cement Stone's Initial Disclosures by Attorney Gregory W. Plank on behalf of Plaintiff Larson Cement Stone Co..(Plank, Gregory) |
| Filing 22 NOTICE of Service by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore (Palagi, Ronald) |
| Filing 21 NOTICE of Service by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore (Palagi, Ronald) |
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Filing 20
TEXT ORDER granting #19 the defendant's Motion to Strike. The Clerk of Court shall strike the erroneously filed October 21, 2015, corporate disclosure found at Filing No. #17 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 19 UNOPPOSED MOTION to Strike Disclosure of Corporate Affiliations, et al (Docket No. 17) by Attorney Gregory W. Plank on behalf of Plaintiff Larson Cement Stone Co..(Plank, Gregory) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 Amended by Attorney Gregory W. Plank on behalf of Plaintiff Larson Cement Stone Co..(Plank, Gregory) |
| Filing 17 STRICKEN-CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Gregory W. Plank on behalf of Plaintiff Larson Cement Stone Co..(Plank, Gregory) Modified on 10/23/2015 to strike per Order 20. (MKR). |
| Filing 16 NOTICE of Appearance by Attorney Gregory W. Plank on behalf of Plaintiff Larson Cement Stone Co. (Plank, Gregory) |
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Filing 15
ORDER - On or before October 29, 2015, the plaintiff Larson Cement Stone Co. shall comply with Fed.R.Civ.P.7.1. or show cause by written affidavit why such plaintiff cannot comply with the rules of the court. Show Cause Deadline set for 10/29/2015.Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing 14
TEXT ORDER granting #13 the plaintiffs' Motion for Enlargement of Time. The plaintiffs shall have until October 29, 2015, to serve their initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) and file a certificate of such service with the court. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 13 MOTION to Extend by Attorney Ronald J. Palagi on behalf of Plaintiff William Moore.(Palagi, Ronald) |
| Filing 12 Certificate of Service of F.R.C.P. 26(a)(1) Initial Disclosures by Attorney Cory M. Curtis on behalf of Defendant Besser Company.(Curtis, Cory) |
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Filing 11
ORDER FOR INITIAL PROGRESSION OF A CASE - Planning Conference set for 12/30/2015 at 10:00 AM by telephone before Magistrate Judge Thomas D. Thalken. Counsel for plaintiffs shall initiate the planning conference call to the court at 10:00 a.m. on 12/30/2015. Counsel shall notify the undersigned magistrate judge by joint or separate letters by 12/16/2015 addressing mediation requirements. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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| Filing 10 REPORT of Rule 26(f) Planning Meeting by Attorney Cory M. Curtis on behalf of Defendant Besser Company.(Curtis, Cory) |
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Filing 9
TEXT ORDER granting #8 the defendant's Motion for Extension of Time to Submit Rule 26(f) Report. The parties shall have an extension until September 14, 2015, to meet, confer, and report to the court pursuant to Fed. R. Civ. P. 26(f). Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 8 MOTION to Extend Time to Submit Rule 26(f) Report by Attorney Cory M. Curtis on behalf of Defendant Besser Company.(Curtis, Cory) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Cory M. Curtis on behalf of Defendant Besser Company.(Curtis, Cory) |
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Filing 6
SCHEDULING LETTER setting Rule 26 Meeting Report Deadline for September 2, 2015. Please use the "Form 35 (Rule 26(f)) Report" posted on the court's website, www.ned.uscourts.gov/forms. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 5 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Besser Company. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LAC, ) |
| Filing 4 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Larson Cement Stone Co.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LAC, ) |
| Filing 3 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Thomas D. Thalken assigned. (LAC) |
| Filing 2 ANSWER to Notice of Removal Complaint regarding: Notice of Removal Attorney - Complaint, #1 by Besser Company (Mooney, Robert) |
| Filing 1 NOTICE OF REMOVAL against All Plaintiffs from District Court of Douglas County, Nebraska, Case number CI15-3749 (Filing fee $ 400, receipt number 0867-3007594) with attached state court pleadings, by Attorney Robert A. Mooney on behalf of Besser Company(Mooney, Robert) Modified on 9/15/2015 to remove reference to jury demand as defendant did not make a jury demand (JSF). |
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