Taylor v. Barsony Holsters & Belts, LLC et al
| Shane Taylor |
| Barsony Holsters & Belts, LLC and Smith and Wesson |
| 8:2018cv00210 |
| May 16, 2018 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Cheryl R. Zwart |
| Tort Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
135
ORDER TO DESTROY: Counsel for the plaintiff and intervenor notified the court on January 11, 2023, that they wish the following exhibits held by the court in this matter to be destroyed: Plaintiff's Exhibits from hearing held 1/31/2022 and In tervenor's Exhibits from hearing held 1/31/2022 regarding Exhibit List 132 . Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above-listed exhibits 14 days from the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
134
MEMORANDUM AND ORDER -The Intervenor's 128 MOTION for Release of Funds is granted. The Clerk of Court is directed to release $95,756.25 plus accrued interest, to the law firm of White and Jorgensen. Ordered by Senior Judge Joseph F. Bataillon. (E-mailed to Finance)(MKR)
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Filing
125
ORDER - The Clerk shall close this case for statistical purposes and set a case management deadline for October 12, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (SLP)
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Filing
124
ORDER that Thomas M. White's motion to intervene (Filing No. 121 ) is granted and his Intervenor Complaint, filed September 8, 2021, is deemed filed instanter and need not be refiled. Defendant's unopposed motion for leave to deposit mone y into the court, (Filing No. 122 ), is granted as follows: a. On or before September 27, 2021, Defendant shall deposit a check in the amount of $95,756.25 with the Clerk of the Court for the United States District Court for the District of Neb raska. b. The Clerk is directed to deposit the aforementioned funds into an interest-bearing account until further order of this court pursuant to 28 U.S.C. § 2041 and NECivR 67.1. c. Upon Defendant's deposit of the funds, Plaintiff and t he intervening party shall have no monetary claim against Defendant in this lawsuit. The Clerk shall deliver a copy of this order to the court's Finance personnel. Defendant's unopposed motion to extend the deadline to file a stipulation fo r dismissal (Filing No. 123 ) is granted. The parties shall file a joint stipulation for dismissal (or other dispositive stipulation) on or before October 20, 2021. The clerk shall set an internal case management deadline of September 27, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to Finance)(LAC)
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Filing
96
ORDER - Motions in limine shall be filed on or before August 5, 2021. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on August 5, 2021 beginning at 10:00a.m., and will be conducted by video conference. All counsel and party representatives will appear by videoconference. Ordered by Magistrate Judge Cheryl R. Zwart. (SLP)
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Filing
89
ORDER that the motion to amend the case progression schedule, (Filing No. 82 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
87
ORDER - The motion to withdraw filed by Thomas M. White and the law firm of White & Jorgensen, as counsel of record for Plaintiff, (Filing No. 85 ), is granted. Thomas M. White shall no longer receive electronic notice in this case. Plaintiff' s new counsel shall promptly enter an appearance in this case. This case has been pending for three years. During several conferences with the undersigned magistrate judge, the court has pressed the parties regarding the ability to set a trial date . Plaintiff's decision to now change counsel one month before the final pretrial conference will not be considered as evidence supporting a finding of good cause to extend any case progression deadlines or the trial and pretrial conference dates. The trial and pretrial conference dates are unchanged. Plaintiff's new counsel shall prepare accordingly. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
60
ORDER that Smith & Wesson be dismissed from the above captioned matter. Each party to bear its own costs. Ordered by Senior Judge Joseph F. Bataillon. (LAC)
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Filing
58
AMENDED PROGRESSION ORDER - The trial and pretrial conference will not be set at this time. A status conference was previous for February 24, 2021 at 10:00 a.m. That conference remains set for the foregoing time and date. The deposition deadline, including but not limited to depositions for oral testimony only under Rule 45, is June 15, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
55
AMENDED PROGRESSION ORDER- the parties' joint motion for extension of certain progression deadline, (Filing No. 54 ). After consideration, IT IS ORDERED that all unexpired deadlines in the final progression order are extended as set forth within the order. Deposition deadline April 15, 2021. Status Conference set for 2/24/2021 at 10:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing
51
ORDER - IT IS ORDERED that the motion to withdraw filed by Matthew Enenbach on behalf of Joseph O. Kavan, as counsel of record for Defendant Smith and Wesson, (Filing No. 50), is granted. Joseph O. Kavan shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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Filing
48
ORDER granting 46 Motion to Withdraw Michael S. Degan as Attorney for Defendant Smith and Wesson. Michael S. Degan shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
45
PROTECTIVE ORDER granting 44 Stipulation Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
31
ORDER - Counsel shall promptly schedule a date to mediate this case in late-September or early-October 2019. A telephonic conference with the undersigned magistrate judge will be held on October 29, 2019 at 9:00 a.m. to discuss the outcome of the par ties efforts to settle and absent a full and complete settlement, the case progression schedule to trial. Counsel shall use the conferencing instructions assigned to this case to participate in the call. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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