United States of America v. Stabl, Inc.. et al
Plaintiff: United States of America
Defendant: Ann Johnson, Leon Johnson, Lant, Inc. and Stabl, Inc.
Case Number: 8:2016cv00233
Filed: May 26, 2016
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
Presiding Judge: F.A. Gossett
Nature of Suit: Other Fraud
Cause of Action: Civil Miscellaneous Case
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 1, 2019 Opinion or Order Filing 286 AMENDED ORDER granting 285 Email Motion. Non-Jury Trial set for 5/19/2020 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Laurie Smith Camp. Pretrial Conference set for 5/1/2020 at 01:30 PM in Chambers before Magistrate Judge Michael D. Nelson. Ordered by Magistrate Judge Michael D. Nelson. (ADB)
September 30, 2019 Opinion or Order Filing 279 MEMORANDUM AND ORDER - The State of Nebraska's Complaint is dismissed, with prejudice. Defendants' Statement of Objections to Magistrate Judge's Order is overruled as moot. Defendants' affirmative defenses of waiver, estoppel, a nd unclean hands, are dismissed, with prejudice. Count Four of the United States' Complaint is dismissed, with prejudice. The remainder of Plaintiffs' Joint Motion for Summary Judgment is denied. The remainder of Defendants' Motion for Summary Judgment is denied. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Senior Judge Laurie Smith Camp. (LKO)
November 19, 2018 Opinion or Order Filing 191 AMENDED ORDER - Defendants' Motion to Quash (Filing No. 154 in the Lead Case) is granted. The "Prejudgment Writ of Garnishment Waddell & Reed, Garnishee," issued pursuant to this Court's July 9, 2018 "Order For Prejudgment Writ" (Filing No. 136 ) is dismissed and terminated in its entirety; and the Plaintiff United States of America shall immediately notify Waddell & Reed of this Order. Defendants must maintain liquid assets in the amount of $2,298,779.02 at all times until further order of the Court. Commencing on the day that the writ is dismissed and terminated, and every 30-days thereafter, Defendants must provide the court with a report constituting a statement of all their assets and liabilities and income and expenses.6 Defendants also must obtain Court approval before making any withdrawals from the Waddell & Reed account. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
October 9, 2018 Opinion or Order Filing 183 AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - This matter comes before the Court after its review of the parties' separate proposed orders for amended case progression deadlines submitted to the Court in compliance with its previous directive. Filing No. 178 - 179 . Plaintiffs and Defendants do not agree on further case progression deadlines. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
October 2, 2018 Opinion or Order Filing 182 ORDER - The United States shall not be required to prepare any Rule 30(b)(6) witness(es) to testify to Topics 9, 10, 13, and 16 in Defendants' Revised Notice of 30(b)(6) Deposition to the United States (Exhibit A). The State shall not be requ ired to prepare any Rule 30(b)(6) witness(es) to testify to Topics 8, 9, 11, and 13 in Defendants' Revised Notice of 30(b)(6) Deposition to the State (Exhibit B). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
September 17, 2018 Opinion or Order Filing 171 MEMORANDUM - On September 13, 2018, the undersigned was contacted in chambers telephonically by Katherine Matthews, counsel for the United States of America, Plaintiff in Case No. 8:16cv233, Maegan Woita, counsel for the State of Nebraska, Plainti ff in Case No. 8:16cv351, William Dittrick, counsel for Defendants in both cases, and James Luers of Wolfe, Snowden, Hurd, Luers, and Ahl, LLP, representing deponent Jack Wolfe, in the midst of his deposition. Counsel for the Plaintiffs represente d that the Defendants had voluntarily disclosed purported attorney-client communications with Wolfe, asserting an advice-of-counsel defense, yet now invoked attorney-client privilege to preclude counsel for Plaintiffs from verifying the accuracy of the disclosures. Accordingly, deponent Wolfe declined to respond to the questions, asserting his former clients' privilege. The Court directed the deponent to respond to questions from Plaintiffs' counsel in the scope of the purported w aiver, and acknowledged the preservation of Defendants' objection for the record and with respect to any future use of the testimony. See United States v. Workman, 138 F.3d 1261, 1263 (8th Cir. 1998). Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Chief Judge Laurie Smith Camp. (LKO)
August 11, 2018 Opinion or Order Filing 151 STIPULATED ORDER - The parties' Stipulated Order (150) in case 8:16cv233 is approved. The "Prejudgment Writ of Garnishment Edward Jones, Garnishee" is dismissed and terminated in its entirety. In accordance with the Court's previo us Order (147), on or before August 17, 2018, Defendants shall file a motion to quash the disputed "Prejudgment Writ of Garnishment Waddell & Reed, Garnishee." The evidentiary hearing regarding the disputed writ remains as scheduled on Se ptember 6, 2018, at 9:30 a.m. in the United States District Court, for the District of Nebraska, 111 S. 18th Plaza, Roman L Hruska U.S. Courthouse, Omaha, Nebraska. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (SMN)
August 8, 2018 Opinion or Order Filing 149 ORDER - The State of Nebraska's Motion to Quash and Motion for Protective Order (Filing No. 88 in the Lead Case; Filing No. 96 in the Member Case) is granted, in part, and in part denied. The United States' Motion to Quash and for Prote ctive Order (Filing No. 89 in the Lead Case; Filing No. 97 in the Member Case) is granted, in part, and in part denied. Defendants shall be permitted to re-notice Rule 30(b)(6) depositions of the plaintiffs but must limit its scope of deposition topics in accordance with the Court's direction above. The United States' Motion to Strike Affirmative Defenses (Filing No. 98 in the Lead Case; Filing No. 104 in the Member Case) is granted, in part. Defendants' Third Affirmative Defense raising the statute of limitations is stricken in the Lead Case. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
August 2, 2018 Opinion or Order Filing 147 ORDER - On or before August 10, 2018, the parties are to meet and confer to discuss modification of the prejudgment writ of garnishment. The parties shall submit a joint proposed Order to the undersigned magistrate judge in the event the parti es reach an agreement. On or before August 17, 2018, Defendants may file a motion to quash the order granting the prejudgment writ. See 28 U.S.C. § 3101(d)(2). The Plaintiffs shall file any responses to the motion on or before August 3 1, 2018. No further briefing may be filed without leave of court. A four-hour evidentiary hearing on the Defendants motion to quash pursuant to 28 U.S.C. § 3101(d)(2) is set for September 6, 2018, at 9:30 a.m. in Courtroom 6, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, before the undersigned magistrate judge. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
May 22, 2018 Opinion or Order Filing 126 ORDER - The United States may serve the third-party subpoenas as requested. Defendants' objections to the noticed depositions are overruled. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
March 16, 2018 Opinion or Order Filing 94 ORDER - The deadlines for the parties to file briefs and supporting evidence with respect to Plaintiffs' pending Motions to Quash, for Protective order, and to Stay Rule 30(b)(6) Depositions (Filing Nos. 88 and 89 in Case No. 8:16cv233; Fili ng Nos. 96 and 97 in Case No. 8:16cv351) are as follows:a. Plaintiffs shall file their briefs and evidence in support of the motions on or before April 6, 2018;b. Defendants shall file their briefs and evidence in response to the motions on or be fore April 20, 2018; andc. Plaintiffs may file their briefs and evidence in reply on or before April 27, 2018. Plaintiff State of Nebraska's 30(b)(6) deposition noticed for March 21, 2018, and Plaintiff United States' 30(b)(6) deposition no ticed for March 23, 2018, shall be stayed until the Court rules on Plaintiffs' outstanding Motions to Quash, for Protective order, and to Stay Rule 30(b)(6) Depositions (Filing Nos. 88 and 89 in Case No. 8:16cv233; Filing Nos. 96 and 97 in Case No. 8:16cv351). In accordance with the Court's prior Order (Filing No. 84 in Case No. 8:16cv233; Filing No. 92 in Case No. 8:16cv351) and the discussion during the status conference, all pending case progression deadlines, including the expert report, written discovery, discovery motion, and deposition deadlines, are stayed pending further order of the Court. The undersigned magistrate judge will hold a telephonic status conference on Friday, May 4, 2018, at 11:00 a.m. with counsel for all parties. Case conference instructions are located at Filing No. 85 in Case No. 8:16cv233 and 93 in Case No. 8:16cv351. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
February 23, 2018 Opinion or Order Filing 84 ORDER - The Joint Motion to Deadlines and Request for a Planning Conference (Filing No. 83 in Case No. 8:16cv233; Filing No. 91 in Case No. 8:16cv351) is granted. The undersigned magistrate judge will hold a telephone Planning Conference on March 15, 2018, at 2:00 p.m. with counsel for all parties. A separate order will be entered with Case Conference Instructions. All case progression deadlines are stayed pending the entrance of an amended case progression schedule following the Planning Conference. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
January 11, 2018 Opinion or Order Filing 76 ORDER - that the Joint Motion to Extend Expert Disclosure Deadlines (Filing No. 75 in Case No. 8:16cv233; Filing No. 86 in Case No. 8:16cv351) is granted. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (KLF)
December 11, 2017 Opinion or Order Filing 74 ORDER that the Second Joint Motion to Extend Expert Deadlines (Filing No. 73 in Case No. 8:16cv233; Filing No. 81 in Case No. 8:16cv351) is granted. The provisions of the Court's earlier, final progression orders remain in effect, and i n addition to those provisions, the following shall apply: Disclosure of Expert Witnesses. Each plaintiff, counter-claimant, and cross-claimant shall identify expert witnesses by January 10, 2018, and shall serve expert reports by March 15, 201 8. Each defendant, counter-defendant, and cross-defendant shall identify expert witnesses by January 10, 2018, and shall serve expert reports by April 16, 2018. If necessary to refute the disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or cross-claimant may disclose additional expert witnesses not later than February 26, 2018, and shall serve additional expert reports by May 7, 2018, provided that the disclosing party then provides all of the inform ation described in Fed. R. Civ. P. 26(a)(2) and makes the expert witness available for deposition prior to the date set for completion of depositions. Supplementation of these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed. R. Civ. P. 26(e). The testimony of the expert at trial shall be limited to the information disclosed in accordance with this paragraph. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
October 6, 2017 Opinion or Order Filing 67 ORDER IT IS ORDERED that the Joint Motion to Extend Expert Deadlines (Filing No. 66 in Case No. 8:16cv233; Filing No. 78 in Case No. 8:16cv351) is granted. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDNOrdered by Magistrate Judge Michael D. Nelson. (LAC)
June 2, 2017 Opinion or Order Filing 46 ORDER granting 44 Motion for Leave to File First Amended Complaint. The United States shall file its Amended Complaint on or before June 16, 2017. Ordered by Magistrate Judge F.A. Gossett. (ADB)
March 30, 2017 Opinion or Order Filing 42 STIPULATED PROTECTIVE ORDER granting (41) Joint Motion for Protective Order in case 8:16cv233 and (58) in case 8:16cv351. Ordered by Magistrate Judge F.A. Gossett. (SMN)
February 28, 2017 Opinion or Order Filing 37 ORDER - The Joint Motion to Consolidate (Filing No. 31 in Case No. 8:16CV233; Filing No. 48 in Case No. 8:16CV351) is granted, in part. To the extent that the motion to consolidate asks the cases be consolidated for trial, it is denied without pre judice to reassertion at a later date. The two above-captioned cases are consolidated for purposes of discovery and pretrial management only. Case No. 8:16CV233 will be designated as the "Lead Case" and Case No. 8:16CV351 will be designa ted as "Member Case." 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 the Member Cas e. The parties are instructed to file documents related to discovery (except those described in paragraph 5) in the Lead Case and to select the option "yes" in response to the System's question whether to spread the text. The parti es 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 addition to those describ ed 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 Rule 26(f) Report, currently due on or before March 15, 2017, shall encompass both cases. Ordered by Magistrate Judge F.A. Gossett. (GJG)
November 29, 2016 Opinion or Order Filing 23 MEMORANDUM AND ORDER - The Motion to Dismiss/Motion to Make More Definite Statement, ECF No. 14 , is denied. Defendants will respond to the Complaint on or before December 12, 2016. Ordered by Chief Judge Laurie Smith Camp. (GJG)
July 19, 2016 Opinion or Order Filing 9 REASSIGNMENT ORDER - The above case is reassigned to Chief District Judge Laurie Smith Camp for disposition and to Magistrate Judge F.A. Gossett for judicial supervision and processing of all pretrial matters. The Clerk of Court will file this order in Case No. 8:11-cv-274 and Case No. 8:16cv233. Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Search for this case: United States of America v. Stabl, Inc.. et al
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Defendant: Ann Johnson
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Defendant: Leon Johnson
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Defendant: Lant, Inc.
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Defendant: Stabl, Inc.
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Plaintiff: United States of America
Represented By: Laurie M. Barrett
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