Superior Services, Inc. v. Universal Warranty Corp. et al
| Superior Services, Inc. |
| Ally Insurance Holdings, Inc. and Universal Warranty Corp. |
| 8:2015cv00396 |
| November 3, 2015 |
| U.S. District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
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Filing
178
ORDER that the plaintiffs' objection (Filing No. 177 ) in case 8:15-cv-00396-RFR-SMB; (Filing No. 177) in case 8:15-cv-00398-RFR-SMB; (Filing No. 177) in case 8:15-cv-00400-RFR-SMB; (Filing No. 184) in case 8:15-cv-00401-RFR-SMB; (Filing No. 17 5) in case 8:15-cv-00402-RFR-SMB; (Filing No. 147) in case 8:16-cv-00276-RFR-SMB; (Filing No. 147) in case 8:16-cv-00328-RFR-SMB; (Filing No. 146) in case 8:16-cv-00346-RFR-SMB; (Filing No. 145) in case 8:16-cv-00361-RFR-SMB; (Filing No. 145) in case 8:16-cv-00362-RFR-SMB; and (Filing No. 141) in case 8:16-cv-00416-RFR-SMB to the magistrate judge's May 22, 2018, Order deying their Motion to Compel is overruled. Member Cases: 8:15-cv-00396-RFR-SMB et al. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Filing
176
ORDER granting (175) Motion to Amend in case 8:15-cv-00396-RFR-SMB; granting (175) Motion to Amend in case 8:15-cv-00398-RFR-SMB; granting (175) Motion to Amend in case 8:15-cv-00400-RFR-SMB; granting (182) Motion to Amend in case 8:15-cv-00401-R FR-SMB; granting (173) Motion to Amend in case 8:15-cv-00402-RFR-SMB; granting (145) Motion to Amend in case 8:16-cv-00276-RFR-SMB; granting (145) Motion to Amend in case 8:16-cv-00328-RFR-SMB; granting (144) Motion to Amend in case 8:16-cv-00346 -RFR-SMB; granting (143) Motion to Amend in case 8:16-cv-00361-RFR-SMB; granting (143) Motion to Amend in case 8:16-cv-00362-RFR-SMB; granting (139) Motion to Amend in case 8:16-cv-00416-RFR-SMB. On or before June 4, 2018, the parties shall discl ose non-expert witnesses in Case No. 8:15-cv-402. On or before August 6, 2018, the parties shall disclose non-expert witnesses in Case No. 8:16-cv-361. On or before September 4, 2018, the parties shall disclose non-expert witnesses in Case No. 8:15-c v-401. On or before June 18, 2018, the parties shall file motions in limine, other than those challenging the admissibility of expert testimony, in Case No. 8:15-cv-402. On or before August 20, 2018, the parties shall file motions in limine, other t han those challenging the admissibility of expert testimony, in Case No. 8:16-cv-361. On or before September 17, 2018, the parties shall file motions in limine, other than those challenging the admissibility of expert testimony, in Case No. 8:15-cv-401. Member Cases: 8:15-cv-00396-RFR-SMB et al. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
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Filing
174
ORDER denying 110 Motion to Compel in case 8:15-cv-00396-RFR-SMB, Member Cases: 8:15-cv-00396-RFR-SMB et al. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
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Filing
54
ORDER granting (53) Stipulation to Consolidate Cases for Pretrial Management and Discovery Only in case 8:15-cv-00396-RFR-TDT, (53) Stipulation in case 8:15-cv-00398, (53) Stipulation in case 8:15-cv-00400, (52) Stipulation in case 8:15-cv-00401 , (53) Stipulation in case 8:15-cv-00402, (28) Stipulation in case 8:16-cv-00276, (28) Stipulation in case 8:16-cv-00328, (27) Stipulation in case 8:16-cv-00346, (26) Stipulation in case 8:16-cv-00361, (26) Stipulation in case 8:16-cv-0036 2, (21) Stipulation in case 8:16-cv-00415, (22) Stipulation in case 8:16-cv-00416. Case No. 8:15CV396 continues to be designated as the "Lead Case." Case numbers 8:15CV398, 8:15CV400, 8:15CV401, 8:15CV402, 8:16CV276, 8:16CV328, 8:16C V346, 8:16CV361, and 8:16CV362 continue to be designated as "Member Cases" and case numbers 8:16CV415 and 8:16CV416 are hereby designated as "Member Cases." The August 12, 2016, Protective Order (Filing No 45 in case 8:15CV396) will apply to the newly consolidated cases. The deadlines and discovery limitations contained in the June 20, 2016, Order for Initial Progression of Case (Filing No. 40 in case 8:15CV396) shall apply equally to all of the above-captioned cases. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
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Filing
50
ORDER granting the parties' August 19, 2016 (49) Stipulation to Consolidate Cases for Pretrial Management and Discovery Only in case 8:15-cv-00396-RFR-TDT; (49) in case 8:15-cv-00398-RFR-TDT; (49) in case 8:15-cv-00400-RFR-TDT; (48) in case 8:15-cv-00401-RFR-TDT; (49) in case 8:15-cv-00402-RFR-TDT; (23) in case 8:16-cv-00346-RFR-TDT.The ten above-captioned cases are consolidated for purposes of discovery and pretrial management only. Case No. 8:15CV396 continues to be des ignated as the "Lead Case." Case numbers 8:15CV398, 8:15CV400, 8:15CV401, and 8:15CV402 continue designated as "Member Cases" and case numbers 8:16CV276, 8:16CV328, 8:16CV346, 8:16CV361, and 8:16CV362 are hereby designated as &qu ot;Member Cases." The courts CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in all Member Cases. To this en d, the parties are instructed to file all further documents related to discovery (except those described in paragraph 5) in the Lead Case, No. 8:15CV396, and to select the option "yes" in response to the Systems question whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes an item in addi tion to those described in paragraph 4 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. The August 12, 2016, Protective Order (Filing No 45 in case 8:15CV396) will apply to the newly consolidated cases. The deadlines and discovery limitations contained in the June 20, 2016, Order for Initial Progression of Case (Filing No. 40 in case 8:15CV396) shall apply equally to all of the above-captioned cases. Member Cases: 8:15-cv-00396-RFR-TDT et al. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
45
PROTECTIVE ORDER granting the parties' Motion for Protective Order. Member Cases: 8:15cv396, 8:15cv398, 8:15cv400, 8:15cv401, 8:15cv402. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
35
MEMORANDUM AND ORDER that the defendants' motions to dismiss (Filing No. 17 in Case No. 15-v-396; Filing No. 17 in Case No. 15-cv-398; Filing No. 17 in Case No. 15-cv-400; Filing No. 17 in Case No. 15-cv-401; and Filing No. 17 in Case No. 15- v-402) are denied. The defendants' motions to strike (Filing No. 31 in Case No. 15-v-396; Filing No. 31 in Case No. 15-cv-398; Filing No. 31 in Case No. 15-cv-400; Filing No. 31 in Case No. 15-cv-401; and Filing No. 31 in Case No. 15-v-402) are denied as moot. The defendants shall file a responsive pleading within 14 days of the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
16
ORDER granting the parties' (15) Stipulation to Consolidate Cases for Pretrial Management and Discovery Only in case 8:15-cv-00396-JFB-TDT; 8:15-cv- 00398-JFB-TDT; 8:15-cv-00400-JFB-TDT; 8:15-cv-00401-JFB-TDT and 8:15-cv-00402-JFB-TDT. The five above-captioned cases are consolidated for purposes of discovery only. Case No. 8:15CV396 is hereby designated as the "Lead Case." Case numbers 8:15CV398, 8:15CV400, 8:15CV401, and 8:15CV402 are hereby designated as the &quo t;Member Cases." The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in all Member Cases. To this end, the parties are instructed to file all further documents related to discovery (except those described in paragraph 5) in the Lead Case, No. 8:15CV396, and to select the option "yes" in response to the System's questi on whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believe s an item in addition to those described in paragraph 4 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. The parties shall have until January 12, 2016, to meet, confer, and file a planning report with the court pursuant to Federal Rule of Civil Procedure 26(f). Member Cases: 8:15-cv-00396-JFB-TDT, 8:15-cv-00398-JFB-TDT, 8:15-cv-00400-JFB-TDT, 8:15-cv-00401-JFB-TDT, 8:15-cv-00402-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
7
ORDER that it has come to this Court's attention that the above cases are related as defined under NEGenR 1.4(a)(4). Accordingly, Case Nos. 8:15CV400, 8:15CV401, and 8:15CV402 are reassigned to Senior Judge Joseph F. Bataillon for disposition and to Magistrate Thomas D. Thalken for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (JSF)
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