Ryan v. Ryan et al
| Stacy Ryan |
| Constance Connie Ryan and Streck, Inc. |
| 8:2015cv00312 |
| August 21, 2015 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Laurie Smith Camp |
| Cheryl R Zwart |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 24, 2018. A more recent docket listing may be available from PACER.
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Filing 56
AMENDED JUDGMENT regarding Memorandum and Order #55 . The Complaint, ECF No. #1 , filed by Plaintiff Stacy Ryan, is dismissed as follows: The claims asserted in Counts I through VIII are dismissed, with prejudice; and The claim asserted in Count IX is dismissed, without prejudice. Ordered by Chief Judge Laurie Smith Camp. (JAB) Modified on 9/24/2018 to add "Amended". (JAB)
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Filing 55
MEMORANDUM AND ORDER - The Motion to Alter or Amend Judgment, ECF No. #20 , filed by Plaintiff Stacy Ryan, is denied as moot. That portion of the Order, ECF No. #18 , and that portion of the Judgment, ECF No. #19 , dismissing Count IX of the Complaint with prejudice are vacated. Count IX of the Complaint is dismissed, without prejudice. An amended judgment will be entered. Ordered by Chief Judge Laurie Smith Camp. (JAB)
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| Filing 54 REPLY BRIEF AND OBJECTION TO REQUEST TO TAKE JUDICIAL NOTICE by Attorney Bonnie M. Boryca on behalf of Plaintiff Stacy Ryan.(Boryca, Bonnie) |
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Filing 53
ORDER - that the motion to withdraw filed by Larry E. Welch, Jr. as counsel of record on behalf of Defendant Constance Connie Ryan, (Filing No. #52 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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| Filing 52 MOTION to Withdraw as Attorney by Attorney Larry E. Welch, Jr. on behalf of Defendant Constance Connie Ryan.(Welch, Larry) |
| Filing 51 BRIEF in opposition to Plaintiff's Motion to Alter or Amend by Attorney Damien J. Wright on behalf of Defendant Constance Connie Ryan.(Wright, Damien) |
| Filing 50 INDEX in support of Brief #49 in Opposition to Plaintiffs Motion to Alter or Amend by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc.. (Attachments: #1 Affidavit Declaration of Curtis Akey, #2 Exhibit A)(Buter, Victoria) |
| Filing 49 BRIEF in opposition to Motion to Alter and Amend (Doc. 20) by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc..(Buter, Victoria) |
| Filing 48 BRIEF in support of Motion to Alter or Amend Judgment by Attorney Bonnie M. Boryca on behalf of Plaintiff Stacy Ryan.(Boryca, Bonnie) |
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Filing 47
ORDER granting #46 Motion for Leave to file supplemental briefing. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 46 JOINT MOTION for Leave to Submit Supplemental Briefing by Attorney Bonnie M. Boryca on behalf of Plaintiff Stacy Ryan.(Boryca, Bonnie) |
| Filing 45 NOTICE of Appearance by Attorney Bonnie M. Boryca on behalf of Plaintiff Stacy Ryan (Boryca, Bonnie) |
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Filing 44
TEXT REASSIGNMENT ORDER - Pursuant to the Order of Recusal, ECF No. #43 , this case is reassigned to Magistrate Judge Cheryl R. Zwart for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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Filing 43
ORDER - This matter is before the Court on its own motion pursuant to 28 U.S.C. 455(a), which states: "Any... judge... of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Upon review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse himself from the above-designated case pursuant to 28 U.S.C. 455(a). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
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Filing 42
TEXT REASSIGNMENT ORDER - This case was previously assigned to retired Magistrate Judge F.A. Gossett. Accordingly, this case is reassigned to Magistrate Judge Michael D. Nelson for judicial supervision and remains assigned to Chief Judge Laurie Smith Camp for disposition. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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| Filing 41 MANDATE from USCA - 8th Circuit (16-3149) In accordance with the opinion and judgment of 05/07/2018, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter regarding Notice of Appeal to USCA #32 . (KLF) |
| Filing 40 COPY of Judgment from USCA - 8th Circuit (16-3149) This appeal from the United States District Court was submitted on the record of the district court, briefs of the parties and was argued by counsel. After consideration, it is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in part, reversed in part, and remanded to the district court for proceedings consistent with the opinion of this court. (KLF) |
| Filing 39 COPY of Opinion of USCA - 8th Circuit (16-3149) regarding Notice of Appeal to USCA #32 . (Attachments: #1 Letter To Publishing, #2 Letter by Clerk) (KLF) |
| Filing 38 APPLICATION/ORDER admitting for full-time admission Attorney Karen M. Keeler for Plaintiff Stacy Ryan. Ordered by Deputy Clerk. (JAB) |
| Filing 37 SCHEDULING LETTER from USCA - 8th Circuit (16-3149) as to Notice of Appeal to USCA #32 . (Attachments: #1 Letter by Clerk) (KLF) |
| Filing 36 AMENDED NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Amended Notice of Appeal #35 , Notice of Appeal #32 , Memorandum and Order #33 , Memorandum and Order #27 , Memorandum and Order #18 , and Judgment #19 . Amended Notice of Appeal filed on 07/14/2016 by Plaintiff Stacy Ryan. (KLF) |
| Filing 35 AMENDED NOTICE OF APPEAL regarding Order on Motion for Reconsideration,, Order on Motion for Leave, #27 , Order on Motion to Dismiss for Failure to State a Claim,,, #18 , Order on Motion to Amend #33 , Judgment, #19 , Notice of Appeal to USCA, #32 (Heimann, Paul) Modified on 7/15/2016 to correct docket text (KLF). |
| Filing 34 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA, #32 , Memorandum and Order #27 , Memorandum and Order #18 , and Judgment #19 . Notice of Appeal filed on 07/13/2016 by Plaintiff Stacy Ryan. (KLF) |
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Filing 33
MEMORANDUM AND ORDER - Plaintiff Stacy Ryan's Motion to Alter or Amend the Judgment (Filing No. #28 ) is denied. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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| Filing 32 NOTICE OF APPEAL regarding Order on Motion for Reconsideration,, Order on Motion for Leave, #27 , Order on Motion to Dismiss for Failure to State a Claim,,, #18 , Judgment, #19 by Attorney Paul D. Heimann on behalf of Plaintiff Stacy Ryan. Filing fee $ 505, receipt number 0867-3243903. (Heimann, Paul) |
| Filing 31 INDEX in support of Motion to Amend Judgment by Attorney Paul D. Heimann on behalf of Plaintiff Stacy Ryan. (Attachments: #1 Exhibit Partial Transcript of Proceedings, #2 Exhibit Transcript Request, #3 Exhibit Email Correspondence, #4 Exhibit Email Correspondence, #5 Exhibit Email Correspondence, #6 Exhibit Carol Ryan Deposition Transcript, #7 Exhibit Barry Uphoff Deposition Transcript, #8 Exhibit Appraisal, #9 Exhibit Prior Affidavit of Stacy Ryan, #10 Exhibit Protective Order)(Heimann, Paul) |
| Filing 30 AFFIDAVIT of Stacy Ryan In Support of Motion to Amend Judgment by Attorney Paul D. Heimann on behalf of Plaintiff Stacy Ryan.(Heimann, Paul) |
| Filing 29 BRIEF in support of Motion to Amend Judgment by Attorney Paul D. Heimann on behalf of Plaintiff Stacy Ryan.(Heimann, Paul) |
| Filing 28 MOTION to Amend the Judgment by Attorney Paul D. Heimann on behalf of Plaintiff Stacy Ryan.(Heimann, Paul) |
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Filing 27
MEMORANDUM AND ORDER - Plaintiff Stacy Ryan's Motion to Alter or Amend the Judgment (Filing No. #20 ) is denied. Plaintiff Stacy Ryan's Motion for Leave to File an Amended Complaint (Filing No. #23 ) is denied. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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| Filing 26 REPLY BRIEF in support of MOTION for Reconsideration Motion to Alter or Amend the Judgment or in the Alternative, to File an Amended Complaint #20 by Attorney Nicholas F. Sullivan on behalf of Plaintiff Stacy Ryan.(Sullivan, Nicholas) |
| Filing 25 BRIEF in opposition to MOTION for Leave to File an Amended Complaint #23 , MOTION for Reconsideration Motion to Alter or Amend the Judgment or in the Alternative, to File an Amended Complaint #20 by Attorney Larry E. Welch, Jr on behalf of Defendant Constance Connie Ryan.(Welch, Larry) |
| Filing 24 BRIEF in opposition to MOTION for Leave to File an Amended Complaint #23 , MOTION for Reconsideration Motion to Alter or Amend the Judgment or in the Alternative, to File an Amended Complaint #20 by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc..(Buter, Victoria) |
| Filing 23 MOTION for Leave to File an Amended Complaint by Attorney Nicholas F. Sullivan on behalf of Plaintiff Stacy Ryan. (Attachments: #1 Exhibit Proposed First Amended Complaint)(Sullivan, Nicholas) |
| Filing 22 INDEX in support of MOTION for Reconsideration Motion to Alter or Amend the Judgment or in the Alternative, to File an Amended Complaint #20 by Attorney Nicholas F. Sullivan on behalf of Plaintiff Stacy Ryan. (Attachments: #1 Affidavit of Stacy Ryan in Support of Motion to Alter or Amend the Judgment or in the Alternative, to File and Amended Complaint, and Motion for Leave to File an Amended Complaint, #2 Exhibit Streck, Inc. Shareholder Value Analysis)(Sullivan, Nicholas) |
| Filing 21 BRIEF in support of MOTION for Reconsideration Motion to Alter or Amend the Judgment or in the Alternative, to File an Amended Complaint #20 by Attorney Nicholas F. Sullivan on behalf of Plaintiff Stacy Ryan.(Sullivan, Nicholas) |
| Filing 20 MOTION for Reconsideration Motion to Alter or Amend the Judgment or in the Alternative, to File an Amended Complaint by Attorney Nicholas F. Sullivan on behalf of Plaintiff Stacy Ryan.(Sullivan, Nicholas) |
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Filing 19
JUDGMENT - Defendant Constance Ryan's Motion to Dismiss and/or Strike #6 is granted in part and denied in part as follows: a. the Motion to Dismiss is granted; b. the Motion to Strike is denied as moot. Defendant Streck, Inc.'s Motion to Dismiss and Request to Take Judicial Notice #10 is granted. Plaintiff Stacy Ryan's Complaint #1 is dismissed with prejudice. The parties will bear their own costs and attorney fees. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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Filing 18
MEMORANDUM AND ORDER - Defendant Constance Ryan's Motion to Dismiss and/or Strike #6 is granted in part and denied in part as follows: a. the Motion to Dismiss is granted; b. the Motion to Strike is denied as moot. Defendant Streck, Inc.'s Motion to Dismiss and Request to Take Judicial Notice #10 is granted. Plaintiff Stacy Ryan's Complaint #1 is dismissed with prejudice. A separate Judgment will be issued. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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| Filing 17 REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request to Take Judicial Notice #10 by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc..(Buter, Victoria) |
| Filing 16 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #6 by Attorney Larry E. Welch, Jr on behalf of Defendant Constance Connie Ryan.(Welch, Larry) |
| Filing 15 BRIEF in opposition to Streck's Motion to Dismiss and Connie Ryan's Motion to Dismiss and to Strike by Attorney Paul D. Heimann on behalf of Plaintiff Stacy Ryan.(Heimann, Paul) |
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Filing 14
TEXT ORDER granting #13 Joint Motion to Extend Briefing Deadlines. Plaintiff shall respond to Defendants' Motions to Dismiss #6 #10 by 12/3/2015. Plaintiff's Reply Briefs shall be submitted by 12/23/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH)
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| Filing 13 MOTION to Extend by Attorney Nicholas F. Sullivan on behalf of Plaintiff Stacy Ryan.(Sullivan, Nicholas) |
| Filing 12 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request to Take Judicial Notice #10 by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc.. (Attachments: #1 Affidavit of Constance Ryan, #2 Exhibit A)(Buter, Victoria) |
| Filing 11 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request to Take Judicial Notice #10 by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc..(Buter, Victoria) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request to Take Judicial Notice by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc..(Buter, Victoria) |
| Filing 9 NOTICE of Appearance by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc. (Buter, Victoria) |
| Filing 8 NOTICE of Appearance by Attorney Thomas H. Dahlk on behalf of Defendant Streck, Inc. (Dahlk, Thomas) |
| Filing 7 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #6 by Attorney Larry E. Welch, Jr on behalf of Defendant Constance Connie Ryan.(Welch, Larry) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Larry E. Welch, Jr on behalf of Defendant Constance Connie Ryan.(Welch, Larry) |
| Filing 5 WAIVER OF SERVICE Returned Executed upon defendant Streck, Inc.. Waiver sent on 8/25/2015. (Sullivan, Nicholas) |
| Filing 4 WAIVER OF SERVICE Returned Executed upon defendant Constance Connie Ryan. Waiver sent on 8/25/2015. (Sullivan, Nicholas) |
| Filing 3 NOTICE of Appearance by Attorney Nicholas F. Sullivan on behalf of Plaintiff Stacy Ryan (Sullivan, Nicholas) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Laurie Smith Camp and Magistrate Judge F.A. Gossett assigned. (LAC) |
| Filing 1 COMPLAINT with jury demand against All Defendants ( Filing fee $ 400, receipt number 0867-3018275), by Attorney Paul D. Heimann on behalf of Stacy Ryan(Heimann, Paul) |
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