DatabaseUSA.com, LLC v. Van Gilder et al
| DatabaseUSA.com, LLC |
| Infogroup, Inc., Koley Jessen P.C., LLO and Blake Van Gilder |
| 8:2017cv00386 |
| October 13, 2017 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| John M. Gerrard |
| Cheryl R. Zwart |
| Other Fraud |
| Civil Miscellaneous Case |
| Plaintiff |
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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
184
ORDER that Defendants shall produce a redacted copy of Ms. Luebbert's file memorandum (Ex. B) and notes (Ex. A). Defendants may redact the portions of the documents which were highlighted in pink as the Court finds this information is protected work product. Defendants shall produce the redacted documents by March 5, 2021. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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Filing
182
ORDER that the Motion to Compel Discovery (Filing No. 159 ) is denied as set out above. The Motion to Compel Deposition and Documents (Filing No. 163 ) is granted, in part. Luebbert shall provide deposition testimony with questioning limited t o Luebbert's conversation with Amit Khanna referenced in the Declaration. Koley Jessen shall submit the notes of Luebbert's conversation with Khanna to the Court for in camera review by February 1, 2021. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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Filing
145
THIRD AMENDED FINAL PROGRESSION ORDER - The deposition deadline for lay witnesses is July 2, 2020 and for expert witnesses is January 14, 2021. The trial and pretrial conference will not be set at this time. A telephonic status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on November 3, 2020 at 10:00 a.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
138
ORDER - The Court believes its orders are clear and consistent. However, to prevent any future misunderstanding, the Court clarifies that it has held that the waiver of privilege extends only to the specific communications between Koley Jessen and Infogroup described in Mr. Scaglione's Declaration. The waiver does not extend to emails or other documents appearing on privilege logs that relate to the communications described in the Declaration. Also, the provision regarding waiver cont ained in the November 25th order directs and advises the parties that Mr. Scaglione will not be deemed to have waived privilege over all communications concerning the flash-drive through his future deposition testimony. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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Filing
135
ORDER that for purposes of his deposition only, Mr. Scaglione may be asked about and may testify regarding his communications with Infogroup (to include, without limitation, all of its directors, officers, and employees (both current and past)), I nfogroup's in-house and outside counsel, and other Koley Jessen employees regarding the flash drive which Blake Van Gilder delivered to Koley Jessen in April of 2016 (the "Van Gilder Flash Drive"), or the contents thereof, between M arch 1, 2016 and September 11, 2017. In addition, for purposes of his deposition only, Mr. Scaglione may be asked about and may testify regarding his communications with, Infogroup's in-house and outside counsel, and other Koley Jessen employ ees regarding the contents of the Van Gilder Flash Drive after September 11, 2017. Testimony given by Mr. Scaglione pursuant to Paragraph 1 of this Order shall not be deemed to waive or otherwise limit the attorney-client privilege, work product d octrine or any other privilege or doctrine with respect to those communications or any other communications between Infogroup, Infogroup's in-house and outside counsel, and other Koley Jessen employees.Nothing herein or occurring during Mr. Sc aglione's deposition shall be construed as allowing Database or any other party to inquire regarding Mr. Scaglione's (or any other attorney for Infogroup) mental impressions, including without limitation, any questions regarding his thought processes, strategy or other mental impressions relating to the representation of Infogroup in the Underlying Litigation. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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Filing
134
ORDER - Database's Motion to Compel Documents and Testimony (Filing No. 120 ) is granted, in part. Infogroup and Koley Jessen shall provide deposition testimony regarding the content of the Declaration, including the conversations between Koley Jessen and Infogroup specifically referenced in the Declaration. The proposed order regarding Scaglione's deposition submitted by Koley Jessen in opposition to this Motion to Compel (Filing No. 125 - 5 ) will be entered by this Court. Koley Je ssen shall submit a Word version of this document to bazis@ned.uscourts.gov by November 26, 2019. The Motion for Oral Argument (Filing No. 126 ) is denied as moot. The Motion for Oral Argument (Filing No. 129 ) is denied as moot. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
132
AMENDED FINAL PROGRESSION ORDER - that the provisions of the Court's earlier final progression order remain in effect, and in addition to those provisions, the following shall apply: The jury trial of this case is canceled and will be reschedule d at the status conference of this matter. A telephonic conference to discuss the status of case progression and trial setting will be held with the undersigned magistrate judge on March 13, 2020 at 2:00 p.m. by telephone. Counsel shall use th e conferencing instructions assigned to this case to participate in the conference. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on April 17, 2020 at 10:00 a.m., and will be conducted by internet/tele phonic conferencing. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (If counsel wishes to appear in person, counsel must contact chambers requesting permission to do so. Before contacting chamb ers to request such relief, counsel shall confer regarding the issue.) The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to bazis@ned.uscourts.gov, in Word format, by 3:00 p.m. on April 14, 2020. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
96
PROTECTIVE ORDER. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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Filing
76
ORDER that this case is not automatically stayed as a result of the plaintiff's bankruptcy. Ordered by Chief Judge John M. Gerrard. (LAC)
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Filing
51
ORDER that Plaintiff's Motion to Amend Complaint 41 is granted in part. Plaintiff shall file its amended pleading (in accordance with the stated limits) by September 4, 2018. Defendant's Motion to Strike 44 is denied as moot. Defendant's Motion to Strike Brief 48 is denied. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
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Filing
10
ORDER OF RECUSAL - Upon review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse herself from the above-designated case pursuant to 28 U.S.C. § 455(a). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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