Pals et al v. Weekly et al
| Gordon Engel and Kathrynn Pals |
| Bohren Logistics, Inc. and Tony Weekly, Jr. |
| 8:2017cv00027 |
| January 25, 2017 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Susan M. Bazis |
| Laurie Smith Camp |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Wrongful Death |
| Plaintiff |
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Filing
344
ORDER - The Stipulation of Dismissal with Prejudice and Entry of Final Judgment, ECF No. 343 , is approved. The above-captioned action is dismissed, with prejudice. Any pending motions are terminated. A separate judgment will be entered. Ordered by Senior Judge Laurie Smith Camp. (LKO)
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Filing
341
MEMORANDUM AND ORDER - The Motion filed by Plaintiffs Kathrynn Pals and Gordon Engel, ECF No. 331 , is denied. The Motions filed by Defendants Tony Weekly Jr. and Bohren Logistics, Inc., ECF Nos. 336 & 340 , are denied. Plaintiffs' request for certification of immediate appeal and stay is denied. Member Cases: 8:17-cv-00027-LSC-SMB, 8:17-cv-00175-LSC-SMB Ordered by Senior Judge Laurie Smith Camp. (LKO)
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Filing
329
MEMORANDUM AND ORDER - Sawyer's Motion in Limine to Exclude the Expert Testimony of John R. Messineo, Jr., P.E., Brian G. Pfeifer, Ph.D., P.E., and John W. Ross, ECF No. 211 , is denied as moot. Sawyer's Motion to Strike the Brief in Suppo rt of Motion in Limine, ECF No. 225 , filed by Tony Weekly, Jr., and Bohren is denied as moot. The Motion in Limine to Exclude the Expert Testimony of Darryl Partner and John Goebelbecker, P.E., filed by Plaintiff's Kathrynn Pals and Gordon Engel, ECF No. 203 , is denied as moot. Member Cases: 8:17-cv-00027-LSC-SMB, 8:17-cv-00175-LSC-SMBOrdered by Senior Judge Laurie Smith Camp. (LKO)
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Filing
328
MEMORANDUM AND ORDER - The Motion for Summary Judgment filed by Defendant D.P. Sawyer, Inc., ECF No. 201 , is granted. The Motion for Summary Judgment filed by Defendant Interstate Highway Construction, Inc., ECF No. 207 , is granted. Plaintiffs� 39; claims against Defendant D.P. Sawyer, Inc. and Defendant Interstate Highway Construction, Inc. are dismissed with prejudice. The Clerk is directed to amend the caption to eliminate D.P. Sawyer, Inc. and Interstate Highway Construction, Inc. as Defendants. The Motion to Stay All Further Proceedings filed by Plaintiffs, ECF No. 324 , is denied. Member Cases: 8:17-cv-00027-LSC-SMB, 8:17-cv-00175-LSC-SMB Ordered by Senior Judge Laurie Smith Camp. (LKO)
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Filing
305
MEMORANDUM AND ORDER - Sawyer's Motion to Reinstate, ECF No. 279 , is granted, as follows: a. Sawyer's Motion for Summary Judgment, ECF No. 201 , is reinstated in Case No. 8:17cv27; b. Sawyer's Motion in Limine to Exclude the Expe rt Testimony of John R. Messineo, Jr., P.E., Brian G. Pfeifer, Ph.D., P.E., and John W. Ross, ECF No. 211 , is reinstated in Case No. 8:17cv27; c. Sawyer's Motion to Strike Tony Weekly, Jr.'s and Bohren Logistics, Inc.'s Brief in Su pport of Motion In Limine to Exclude the Expert Testimony of Darryl Partner and John Goebelbecker, P.E., ECF No. 225 , is reinstated in Case No. 8:17cv27; and d. Sawyer's Motion to Bifurcate, ECF No. 246 , is reinstated in Case No. 8:17cv27 . IHC's Motion to Reinstate, ECF No. 282 , is granted, as follows: a. IHC's Motion for Summary Judgment, ECF No. 207 , is reinstated in Case No. 8:17cv27. Plaintiffs' Motion to Reinstate, ECF No. 280 , is granted, as follows: a. Plaintiffs' Motion in Limine to Exclude the Expert Testimony of Darryl Partner and John Goebelbecker, P.E., ECF No. 203 , is reinstated. On or before November 22, 2019, each party shall file a notice, using the attached Appendix A, id entifying the briefs, indexes, and other documents the party has previously filed in support or opposition to each reinstated motion. IHC's Motion to Strike, ECF No. 289 , and Sawyer's Joinder to IHC's Motion to Strike, ECF No. 290 , are denied. (Attachments: # 1 Appendix A)Member Cases: 8:17-cv-00027-LSC-SMB, 8:17-cv-00175-LSC-SMBOrdered by Senior Judge Laurie Smith Camp. (LKO)
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Filing
276
THIRD AMENDED FINAL PROGRESSION ORDER - The Final Pretrial Conference with the assigned magistrate judge is set for January 28, 2020, at 10:00 a.m. in chambers, 111 South 18th Plaza, Suite 2271, Roman L. Hruska United States Courthouse, Omaha, Neb raska. A 14-day jury trial is set to commence, at the Court's call, during the week of February 18, 2020, at 9:00 a.m. in Omaha, Nebraska, before the Honorable Laurie Smith Camp, Chief United States District Court Judge. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
264
ORDER - Defendant D.P. Sawyer's Motion to Reinstate Motion for Summary Judgment, Daubert Motions, Motion to Strike, and Motion to Bifurcate, ECF No. 263 , is denied without prejudice to reassertion. Within 14 days of the Magistrate Judge's order on Plaintiffs' Motion for Sanctions, ECF No. 256 , Defendants may file a motion to reinstate or refile their motions. Member Cases: 8:17-cv-00027-LSC-SMB, 8:17-cv-00175-LSC-SMB Ordered by Senior Judge Laurie Smith Camp. (LKO)
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Filing
195
ORDER - Plaintiffs' Motion for Fees and Expenses (Filing No. 151 ) is granted, in part. Defendant IHC shall pay Plaintiffs $17,825.04. Such payment shall be made upon the conclusion of this litigation. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
148
ORDER - Plaintiffs' Motion to Compel and for Sanctions Against Defendant Interstate Highway Construction, Inc. (Filing No. 80 ) is granted, in part, as set forth above. Defendant shall supplement its discovery responses as ordered herein within ten (10) days. In the event timely and complete responses are not provided, the Court may consider the imposition of additional sanctions. By May 31, 2018, Plaintiffs shall file a motion seeking an award of expenses and fees. Plaintiffs must submit an itemization of expenses incurred in connection with preparing the Motion to Compel and for Sanctions. Plaintiffs are advised that for a proper award, expenses must be reasonable and itemized with specificity. Defendant shall bear the reasonable co sts of the Rule 30(b)(6) deposition concerning document production and preservation. The deposition may be taken in Minneapolis, Minnesota. The Motion to Bifurcate (Filing No. 105 ) is denied without prejudice to reassertion at a later date. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
119
ORDER - The Motion to Alter or Amend Dates in the Progression Order (Case No. 8:17cv27, Filing No. 104 ) is granted. Member Cases: 8:17-cv-00027-LSC-SMB, 8:17-cv-00175-LSC-SMB Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
117
ORDER - Case No. 8:17CV27 and Case No. 8:17CV175 are hereby consolidated for discovery, trial and all other purposes. Case No. 8:17CV27 is hereby designated as the "Lead Case." Case No. 8:17CV175 is hereby designated as the "Member Case." Member Cases: 8:17-cv-00027-LSC-SMB, 8:17-cv-00175-LSC-SMB Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
108
ORDER that it has come to this Court's attention that the above cases are related as defined under NEGenR 1.4(a)(4)(C)(iii). Accordingly, Case No. 8:17CV175 is reassigned to the undersigned for disposition and to Magistrate Judge Susan M. Bazis for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (MLF)
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Filing
74
PROTECTIVE ORDER. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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Filing
45
ORDER that Defendant's Motion to Strike (Filing No. 29 ) is denied. Defendant shall submit an answer to the Amended Complaint no later than July 21, 2017. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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Filing
31
ORDER that Defendants' Motion to Transfer Trial Venue (Filing No. 15 ) is denied. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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