United States of America v. Stabl, Inc.. et al
| United States of America |
| Ann Johnson, Leon Johnson, Lant, Inc. and Stabl, Inc. |
| 8:2016cv00233 |
| May 26, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Laurie Smith Camp |
| F.A. Gossett |
| Other Fraud |
| Civil Miscellaneous Case |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
328
ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED regarding Motion Hearing (164 in 8:16-cv-00233-LSC-MDN and 155 in 8:16-cv-00351-LSC-MDN). Ordered by Chief Judge Robert F. Rossiter, Jr. (MKR)
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Filing
324
STIPULATION OF SETTLEMENT AND JUDGMENT - For the purposes of this Stipulation of Settlement, or any action to enforce it, the Defendants consent to the Court's jurisdiction over this Stipulation of Settlement and any such action over the Defe ndants and consent to venue in this judicial district. The obligations of this Stipulation of Settlement apply to and are binding upon the United States and upon the Defendants and their heirs, representatives, successors and assigns. Within fift een (15) business days of entry by the Court of this Stipulation of Settlement and receipt of payment instructions pursuant to Paragraph E below, Defendants Leon Johnson and Ann Johnson shall pay to the United States the sum of $880,000.00 on behalf of Stabl, Inc. Within ten business days of receipt of all amounts due under this Stipulation of Settlement, the United States shall file a notice with the Court that full payment has been made and shall file a Satisfaction of Judgment in Case No. 8:11-CV-274 in the United States District Court for the District of Nebraska. The amount paid pursuant to this Stipulation of Settlement is not deductible by the Defendants or any other person for federal, state, or local tax purposes. The Court shall retain jurisdiction for the purposes of interpreting and enforcing this Stipulation of Settlement through the date that payment is made in accordance with the provisions herein. The undersigned representatives of the Parties, inclu ding Defendants, the Chief or Deputy Chief of the Environmental Enforcement Section, and the Acting Regional Counsel of EPA Region 7 certify that each is fully authorized to enter into the terms and conditions of this Stipulation of Settlement and to bind legally the party he or she represents to this document. Each party shall bear its own costs and attorneys' fees in this action. There are no separate agreements or understandings with respect to this matter that have not been set fo rth in this Stipulation of Settlement. This Stipulation of Settlement may be executed by the Parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute b ut one and the same instrument. All prior orders of the Court regarding restrictions or disbursements from any and all funds of the Defendants, including brokerage and or investment or financial accounts of any type, are immediately and effectively dismissed and voided. Ordered by Senior Judge Laurie Smith Camp. (TCL) Modified on 1/30/2020 to correct typo (TCL).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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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