Borowiak IGA Foodliner, Inc. v. Affiliated Foods Midwest Cooperative, Inc.
Plaintiff: Borowiak IGA Foodliner, Inc.
Defendant: Affiliated Foods Midwest Cooperative, Inc.
Third Party Plaintiff: Affiliated Foods Midwest Cooperative, Inc.
Counter Claimant: Affiliated Foods Midwest Cooperative, Inc.
Third Party Defendant: Trevor Borowiak
Counter Defendant: Borowiak IGA Foodliner, Inc.
Case Number: 8:2016cv00466
Filed: October 12, 2016
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: F.A. Gossett
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
March 27, 2019 Opinion or Order Filing 317 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that all claims between the parties herein are dismissed with prejudice, the parties to pay their own costs and attorney fees. Ordered by Senior Judge Joseph F. Bataillon. (LAC)
February 20, 2018 Opinion or Order Filing 111 ORDER - Affiliated Foods Midwest Cooperative, Inc. and Associated Wholesale Grocers, Inc.'s Motion to Suspend Discovery Deadlines in the Member Case Pending Resolution of Motion to Consolidate (Filing No. 106 in Case No. 8:16CV465) is granted. W ithin fourteen (14) days after the Court issues its ruling on Borowiak IGA Foodliner's Motion to Schedule Jury Trial and Consolidate (Filing No. 104 in Case No. 8:16CV465), the parties shall submit a joint proposed revised schedule for progression of the case to the undersigned magistrate judge. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
May 19, 2017 Opinion or Order Filing 46 ORDER - Plaintiffs' Motion to Amend Pleadings in the Member Case (Filing No. 45 ) in Case No. 8:16cv465 is granted. Plaintiffs may file the Amended Complaint on or before June 2, 2017. Ordered by Magistrate Judge F.A. Gossett. (KLF)
January 17, 2017 Opinion or Order Filing 28 ORDER - Borowiak IGA Foodliner, Inc.'s Motion to Consolidate (Filing No. 23 in Case No. 8:16CV466) is granted, in part. To the extent that the motion to consolidate asks the cases be consolidated for trial, it is denied without prejudice to re assertion at a later date. The two above-captioned cases are consolidated for purposes of discovery and pretrial management only. Case No. 8:16CV466 will be designated as the "Lead Case" and Case No. 8:16CV465 will be designated as "Me mber 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 Case. The parties are i nstructed 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 parties may not use the sprea d 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 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 February 17, 2017, to meet, confer, and jointly file a report pursuant to Fed. R. Civ. P. 26(f), encompassing both cases. Ordered by Magistrate Judge F.A. Gossett. (KLF)
January 5, 2017 Opinion or Order Filing 26 ORDER - Borowiak IGA's Motion for Extension of Time to File a Rule 26(f) Report (Filing No. 25 in Case No. 8:16cv466) is granted. The Rule 26 Meeting Report Deadline is canceled in case numbers 8:16cv465 and 8:16cv466. The court will reset the deadline upon resolution of the pending Motion to Consolidate. Ordered by Magistrate Judge F.A. Gossett. (KLF)
November 2, 2016 Opinion or Order Filing 10 AMENDED REASSIGNMENT ORDER - Before the court is the Notice of Related Case (Filing No. 8 ) filed by the Plaintiff in Case No. 8:16CV466. After a review of the matter, the court finds that the above cases are related as defined under NEGenR 1.4(a)(4 )(c)(i). Accordingly, Case No. 8:16CV466, Borowiak IGA Foodliner, Inc., v. Affiliated Foods Midwest Cooperative, Inc, is reassigned to Senior Judge Joseph F. Bataillon for disposition and to Magistrate Judge F. A. Gossett for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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Third party plaintiff: Affiliated Foods Midwest Cooperative, Inc.
Represented By: Mark T. Benedict
Represented By: Daniel J. Fischer
Represented By: Kamron T.M. Hasan
Represented By: Marnie A. Jensen
Represented By: John Power
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Counter claimant: Affiliated Foods Midwest Cooperative, Inc.
Represented By: Mark T. Benedict
Represented By: Daniel J. Fischer
Represented By: Kamron T.M. Hasan
Represented By: Marnie A. Jensen
Represented By: John Power
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Defendant: Affiliated Foods Midwest Cooperative, Inc.
Represented By: Mark T. Benedict
Represented By: Daniel J. Fischer
Represented By: Kamron T.M. Hasan
Represented By: Marnie A. Jensen
Represented By: John Power
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Third party defendant: Trevor Borowiak
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Counter defendant: Borowiak IGA Foodliner, Inc.
Represented By: Nicholas B. Batter
Represented By: Bartholomew L. McLeay
Represented By: Suzanne M. Shehan
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Plaintiff: Borowiak IGA Foodliner, Inc.
Represented By: Nicholas B. Batter
Represented By: Bartholomew L. McLeay
Represented By: Suzanne M. Shehan
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