Petersen v. Bitters et al

Plaintiff: Estate of Joyce Rosamond Petersen
Defendant: William E. Bitters, Robert W. Boland, Jr., John L. Henry and United Financial Services
Case Number: 8:2016cv00183
Filed: April 25, 2016
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: F.A. Gossett
Nature of Suit: Other Fraud
Cause of Action: 28:1332 Diversity-Breach of Fiduciary Duty
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
December 5, 2017 142 Opinion or Order of the Court ORDER regarding request for transcript 139 . To obtain a transcript, John L. Henry must pre-pay to the Clerk the amount of $361.35 to have the transcript prepared within 30 days, or $420.75 if Mr. Henry would like it prepared within 14 days. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
November 16, 2017 138 Opinion or Order of the Court ORDER - Defendant Henry's statements at the November 6, 2017 conference shall be deemed as amended responses to Plaintiff's discovery requests. On or before December 4, 2017, Defendant Henry shall produce: a. a complete response to Plaintif f's Request for Production No. 6 ("W-2 forms from 2007 to the present"); b. the statements and documents he was able to obtain from his bank, including but not limited to First National Bank of Omaha, and Wells Fargo Bank; c. a complet e response to Plaintiff's Request For Production No. 24 (any utility or financial account statement showing your current business address as well as your business address as of February 8, 2008), including retrieving documents from his accountan t as may be necessary; and d. a complete response to Plaintiff's Request For Production No. 31 ("the phone number, contact information, address, and name" of Defendant Henry's wife, son, brother, and any other witness). Plaintiff may file a motion to compel regarding Plaintiff's Request For Production No. 9. Defendant Henry shall keep the Court and parties promptly apprised of his address and any address changes for the duration of this litigation. The Clerk's office shall mail a copy of this order to pro se defendant Henry at the address of record. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (KLF)
December 19, 2016 123 Opinion or Order of the Court ORDER - The parties shall review the undersigned magistrate judge's practices posted at Civil Case Management Practices. Counsel for the parties and pro se defendant shall confer and, on or before January 23, 2017, they shall jointly file a Form 35 (Rule 26 (f)) Report, a copy of which can be found at http://www.ned.uscourts.gov/forms in Word and WordPerfect format. If one or more of the parties believes a planning conference is needed to complete the Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the Rule 26(f) Report, on or before January 16, 2017 a party shall contact my chambers at (402) 437-1670, or by email addressed to zwart@ned. uscourts.gov, to arrange a conference call. Mandatory disclosures shall be served by January 23, 2017. The Clerk's office shall mail a copy of this order to the pro se defendant at the address of record. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(GJG)
October 19, 2016 121 Opinion or Order of the Court MEMORANDUM AND ORDER that Defendant William E. Bitters's Amended Motion to Dismiss (Filing No. 104 ) is GRANTED with respect to the Estate's NUDTPA, NCPA, and RICO claims and DENIED in all other respects. Defendant Robert W. Boland, Jr.� 39;s Amended Motion to Dismiss (Filing No. 106 ) is GRANTED with respect to the Estate's NUDTPA, NCPA, and RICO claims and DENIED in all other respects. Defendant John Henry's Motion to Dismiss the plaintiff's breach-of-contract claim (Filing No. 112 ) is DENIED. The Estate's claims for violations of the NUDTPA, NCPA, and RICO are dismissed, without prejudice. Defendant John L. Henry's Motion for Cease and Desist Order (Filing No. 111 ) and Motion to Surpress [sic] an d Request for Sanctions (Filing No. 120 ) are DENIED. Defendants Bitters and Boland shall file an answer or otherwise plead within fourteen (14) days of the date of this order. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
September 28, 2016 117 Opinion or Order of the Court ORDER - This matter is before the court on the court's 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 reason ably be questioned. Upon review of the complaint, the parties, and the current disputes 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). IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
September 6, 2016 109 Opinion or Order of the Court MEMORANDUM AND ORDER - The Clerk of Court is directed to mail a copy of the plaintiff's Amended Complaint (Filing No. 99 ), together with this Order, to defendant Henry at the most recent address he has made available to the Court: John L. He nry P.O. Box 27659 Omaha, NE 68127. Defendant Henry's request for additional time in which to answer (Filing No. 108 ) is granted. Defendant Henry shall file an answer or otherwise respond to the plaintiff's Amended Complaint (Filing No. 99 ) within ten (10) days of the date of this order. Ordered by Judge Robert F. Rossiter, Jr.(Copy mailed to pro se party as directed)(GJG)
August 18, 2016 103 Opinion or Order of the Court MEMORANDUM AND ORDER - Defendant Henry's motion to set aside default (Filing No. 85 ) is granted. The Default Judgment (Filing No. 82 ) and Clerk's Entry of Default (Filing No. 75 ) are vacated and set aside. Defendant John L. Henry shall file an Answer or otherwise respond to the plaintiff's Amended Complaint within ten (10) days of the date of this order. Ordered by Judge Robert F. Rossiter, Jr.. (Copy mailed to pro se party)(GJG)
August 8, 2016 98 Opinion or Order of the Court MEMORANDUM AND ORDER - The plaintiff's Motion for Leave to Amend (Filing No. 80 ) is GRANTED. The plaintiff shall file a clean copy of the proposed Amended Complaint within three (3) days of the date of this order. The defendants' Motions to Dismiss (Filing Nos. 68 and 70 ) are DENIED, without prejudice to reassertion. The defendants shall answer or otherwise respond to the amended pleading within fourteen (14) days of the date of the filing of the Amended Complaint. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (KLF)
July 28, 2016 97 Opinion or Order of the Court ORDER - This matter is before the Court on defendant John L. Henry's (Henry) Motion for Leave to Appeal In Forma Pauperis (Filing No. 95 ). On July 19, 2016, this Court entered an order explaining the Court would construe Henry's Notic e of Appeal as a motion to set aside the entry of default and default judgment (Filing No. 87 ) previously entered against Henry in this case. Because the Court construed Henry's Notice of Appeal as a motion to set aside the entry of default and default judgment, Henry's Motion for Leave to Appeal In Forma Pauperis (Filing No. 95 ) is DENIED as moot. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)(GJG)
July 19, 2016 87 Opinion or Order of the Court ORDER - The Clerk of Court shall not process the appeal in this case to the United States Court of Appeals for the Eighth Circuit. Henry shall have ten (10) days from the date of this order to file a brief and any evidence in support of setting aside the entry of default and default judgment. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)(GJG)
June 21, 2016 73 Opinion or Order of the Court ORDER - The plaintiff has until July 5, 2016, to show cause why this case should not be dismissed as against the defendant John L. Henry for failure to prosecute or take some other appropriate action. Ordered by Magistrate Judge F.A. Gossett. (GJG)
April 27, 2016 62 Opinion or Order of the Court ORDER - Defendants shall file an answer or other responsive pleading on or before May 13, 2016. The parties shall meet and confer and file an updated, detailed report pursuant to Rule 26(f) of the Federal Rules of Civil Procedure on or before May 30, 2016. The parties shall use the Form 35 (Rule 26(f)) Report posted on this court's website, www.ned.uscourts.gov/forms. Ordered by Magistrate Judge F.A. Gossett. (GJG)

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Defendant: William E. Bitters
Represented By: Joel E. Feistner
Represented By: Matthew M. Zarghouni
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Defendant: Robert W. Boland, Jr.
Represented By: Joel E. Feistner
Represented By: Matthew M. Zarghouni
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Defendant: John L. Henry
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Defendant: United Financial Services
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Plaintiff: Estate of Joyce Rosamond Petersen
Represented By: James H. McMenamy
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