HCI Distribution, Inc. et al v. Peterson et al
Plaintiff: HCI Distribution, Inc. and Rock River Manufacturing, Inc.
Defendant: Tony Fulton and Douglas J. Peterson
Case Number: 8:2018cv00173
Filed: April 20, 2018
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: John M. Gerrard
Presiding Judge: Michael D. Nelson
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
April 27, 2023 Opinion or Order Filing 184 MEMORANDUM AND ORDER - The plaintiffs' motion for summary judgment (filing 123 ) is granted in part and denied in part. The defendants' motion for summary judgment (filing 129 ) is granted in part and denied in part. The defendants a nd their successors are permanently enjoined from enforcing the escrow and bond payment requirements for sales by the plaintiffs on the Winnebago Reservation. The Winnebago Tribe of Nebraska's motion to intervene on condition (filing 164 ) and the defendants' motion for a hearing (filing 169 ) are denied as moot. The defendants' motion to strike (filing 154 ) is denied as moot. The Clerk of the Court is directed to substitute Mike Hilgers, Nebraska Attorney General, and Glen A. White, Interim Nebraska Tax Commissioner, as the defendants pursuant to Fed. R. Civ. P. 25(d)(1). This case is closed. A separate judgment will be entered. Ordered by Senior Judge John M. Gerrard. (JES)
April 4, 2022 Opinion or Order Filing 108 SECOND AMENDED FINAL PROGRESSION ORDER - THIS MATTER is before the Court on the parties' Motion for Extension of Deadline to Complete Written Discovery, To Compel, For Depositions and for Filing Motions for Summary Judgment. The motion will be g ranted, in part. Depositions due August 29, 2022. The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings remains as scheduled before the undersigned magistrate judge by telephone on May 17, 2022 at 2:00 p.m. Ordered by Magistrate Judge Susan M. Bazis. (TCL)
April 7, 2021 Opinion or Order Filing 92 ORDER Defendants' Motion to Compel and Motion for a Protective Order (Filing No. 85 ) is granted, in part, as set out above. Plaintiffs shall respond to Interrogatory Nos. 14 and 16 by May 7, 2021. Defendants may revise and re-serve Interro gatory Nos. 11 and 13 in accordance with guidance set out in this Order. The revised requests shall be served no later than May 7, 2021. A telephone status conference will be held on April 23, 2021 at 2:00 p.m. before Magistrate Judge Susan M. Baz is. The remaining case progression deadlines will be set during the status conference. The parties shall submit joint proposed case progression deadlines to bazis@ned.uscourts.gov by 12:00 p.m. on April 21, 2021. Case conference instructions are found at Filing No. 38 . Ordered by Magistrate Judge Susan M. Bazis. (LRM)
September 12, 2019 Opinion or Order Filing 60 PROTECTIVE ORDER - Upon consideration of the parties' joint request for entry of a Protective Order (Filing No. 59 ), the Court enters the following Protective Order governing the disclosure of confidential Discovery Material by a Producing Party to a Receiving Party in this Action. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
June 5, 2019 Opinion or Order Filing 51 ORDER - The Parties' Stipulation (Filing No. 50 ) is approved and adopted. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
January 25, 2019 Opinion or Order Filing 40 AMENDED SCHEDULING ORDER - This matter is before the Court on the Unopposed Oral and Email Motion of the parties to amend Scheduling Order deadlines. (Filing No. 39 .) The Motion is granted. Rule 26 Meeting Report Deadline set for 3/6/2019. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
December 19, 2018 Opinion or Order Filing 35 ORDER granting in part and denying in part the 27 Motion to Dismiss for Failure to State a Claim. The plaintiffs' equal protection claim is dismissed. This matter is referred to the Magistrate Judge for case progression. Ordered by Chief Judge John M. Gerrard. (KMG)
June 15, 2018 Opinion or Order Filing 21 ORDER - This matter is before the Court on its own motion pursuant to 28 U.S.C. ' 455(a), which states: Any... judge... of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. Upo n review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse himself 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 Michael D. Nelson. (LKO)
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Defendant: Tony Fulton
Represented By: Daniel J. Muelleman
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Defendant: Douglas J. Peterson
Represented By: Daniel J. Muelleman
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Plaintiff: HCI Distribution, Inc.
Represented By: Nicole E. Ducheneaux
Represented By: Joseph V. Messineo
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Plaintiff: Rock River Manufacturing, Inc.
Represented By: Joseph V. Messineo
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