EJM Farms, Inc. v. Jessen Unlimited et al
Plaintiff: EJM Farms, Inc.
Defendant: Colette Jessen, Loren Jessen, Michael Wegener Implement, Inc. and Titan Machinery, Inc.
Case Number: 8:2016cv00255
Filed: June 9, 2016
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Thomas D. Thalken
Nature of Suit: Other Fraud
Cause of Action: 28:1332 Diversity-Fraud
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
April 22, 2019 Opinion or Order Filing 140 ORDER - that the parties are given until April 25, 2019 to file their joint stipulation for dismissal, or other dispositive stipulation, in the absence of which this case will be promptly dismissed with prejudice without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
December 10, 2018 Opinion or Order Filing 132 ORDER - The jury trial of this case is set to commence before John M. Gerrard, Chief United States District Judge, in the Special Proceedings Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on Mar ch 4, 2019, or as soon thereafter as the case may be called, for a duration of four (4) trial days. This case is subject to the prior trial of criminal cases and such other civil cases as may be scheduled for trial before this one. Jury selection will be held at the commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on February 19, 2019 at 1:00 p.m., and will be conducted by internet/telephonic conferencing. Counsel shall use the conferencing instructions assigned to this case (Filing No. 127 ) to participate in the conference. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on February 15, 2019. The settlement conference previously scheduled for November 19, 2018 is re-scheduled and is set to commence before Cheryl R. Zwart, United States Magistrate Judge, in Courtroom 5, Roman L. Hruska Fed eral Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on February 4, 2019. counsel shall submit a confidential settlement statement to the undersigned by email to zwart@ned.uscourts.gov no later than January 30, 2019, setti ng forth the relevant positions of the parties concerning factual issues, issues of law, damages, and the settlement negotiation history of the case, including a recitation of any specific demands and offers that have been conveyed. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
August 21, 2018 Opinion or Order Filing 128 ORDER - A settlement conference will be held before the undersigned magistrate judge with counsel and representatives of the parties on November 19, 2018, beginning at 9:00 a.m. in chambers, Federal Building and United States Courthouse, Suite 566, 100 Centennial Mall North, Lincoln, Nebraska. The parties' representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
June 11, 2018 Opinion or Order Filing 125 MEMORANDUM AND ORDER - The plaintiff's motion to alter or amend (filing 117 ) is granted in part, as set forth above. The plaintiff's claims of fraudulent misrepresentation, fraudulent concealment, and negligent misrepresentation may proceed as to Titan. Loren and Collette Jessen's voluntary motion to dismiss their crossclaims (filing 124 ) is granted. The Jessens' crossclaims are dismissed. Ordered by Judge John M. Gerrard. (LKO)
May 23, 2018 Opinion or Order Filing 123 ORDER - The Jessens' motion to extend (filing 122 ) is granted in part and in part denied. On or before June 6, 2018, the Jessens shall show cause, through briefing and any necessary evidence, why their crossclaims should not be dismissed. Titan may reply to the Jessens' response on or before June 13, 2018. The Clerk of the Court shall set a show cause deadline for June 6, 2018. Ordered by Judge John M. Gerrard. (LKO)
September 26, 2017 Opinion or Order Filing 105 ORDER - The motion to withdraw filed by Alton E. Mitchell, as counsel of record for Plaintiff EJM Farms, Inc. (Filing No. 104 ), is granted. Plaintiff, a corporation, cannot litigate its action in this forum without representation by licensed counse l. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 347-48 (8th Cir. 1994). On or before October 17, 2017, Plaintiff shall obtain the services of counsel and have that attorney file an appearance on its behalf, in the absence of which the court may dismiss its claims without further notice. Alton E. Mitchell shall promptly mail a copy of this order to Plaintiff, and file a certificate of service stating the date and the manner of service. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
July 28, 2017 Opinion or Order Filing 91 ORDER granting the 90 Motion to Continue Trial. The trial and pretrial conference are continued pending further order of the court. Defendants' anticipated summary judgment motions shall be filed on or before August 18, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
April 11, 2017 Opinion or Order Filing 74 ORDER - The deadline for completing written discovery under Rules 33 through 36 of the Federal Rules of Civil Procedure is extended to May 1, 2017. Motions to compel Rule 33 through 36 discovery must be filed by May 15, 2017. Note: Motions to compel shall not be filed without first contacting the chambers of the undersigned magistrate judge to set a conference for discussing the parties' dispute. Defendants' deadline for complete expert disclosures for all experts expected to testify a t trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), is extended to May 17, 2017. Plaintiff's deadline for disclosing any rebuttal experts (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), is May 31, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
March 3, 2017 Opinion or Order Filing 65 ORDER - Plaintiff's motion for protective order, (Filing No. 54 ), is granted in part and denied in part. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
January 3, 2017 Opinion or Order Filing 50 ORDER granting 48 Joint Motion to Continue. The deposition deadline is extended to April 24, 2017. The trial and pretrial conference will be re-scheduled during the conference call which remains scheduled to be held on January 24, 2017 at 10:30 a.m. Ordered by Magistrate Judge Cheryl R. Zwart. (MLF, )
October 19, 2016 Opinion or Order Filing 43 ORDER granting 41 Stipulation Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Plaintiff: EJM Farms, Inc.
Represented By: Alton E. Mitchell
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Defendant: Colette Jessen
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Defendant: Loren Jessen
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Defendant: Michael Wegener Implement, Inc.
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Defendant: Titan Machinery, Inc.
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