Pearson v. Weagle et al
Plaintiff: Carolee Pearson
Defendant: Gregory K. Foster and Gary P. Weagle
Case Number: 8:2018cv00504
Filed: October 25, 2018
Court: US District Court for the District of Nebraska
Presiding Judge: Susan M Bazis
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on June 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2018 Opinion or Order Filing 56 ORDER - IT IS ORDERED that the parties' Motion to Transfer Place of Trial (Filing No. #55 ) is granted. The Clerk of Court shall modify the docket sheet to reflect that the trial of this matter will occur in North Platte, Nebraska. Ordered by Magistrate Judge Susan M. Bazis. (TCL)
December 17, 2018 Filing 55 JOINT MOTION to Change Place of Trial from Omaha to North Platte by Attorney Jay C. Elliott on behalf of Defendant Gregory K. Foster.(Elliott, Jay)
December 13, 2018 Opinion or Order Filing 54 TEXT ORDER - A telephonic status conference was held before the undersigned on December 13, 2018. The parties shall meet and confer, and file their motion to move place of trial by December 27, 2018. A progression order will be entered following a ruling on the motion. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
December 13, 2018 Filing 53 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Susan M. Bazis. Telephone Conference held on 12/13/2018. (LRH)
December 10, 2018 Filing 52 TEXT ORDER denying Motion for Admission Pro Hac Vice #46 for attorney Andrew J. Phillips. The attorney inadvertently filed the motion and paid the pro hac vice admission fee after he was admitted full-time. See filing No. 51. Ordered by Deputy Clerk. (KMG)
December 10, 2018 Filing 51 TEXT ORDER regarding the Motion for Admission Pro Hac Vice #46 . The Application for Refund of Fees Paid Electronically #48 is granted. Attorney Andrew J. Phillips already has full-time admission status. The Pro Hac Vice admission fee in the amount of $100.00 is refunded to the payor, Andrew J. Phillips, receipt number ANEDC-3807762. Ordered by Deputy Clerk. (DKM)
December 6, 2018 Opinion or Order Filing 50 TEXT ORDER: The Planning Conference in this matter is reset for 12/13/2018 at 11:00 AM by telephone before Magistrate Judge Susan M. Bazis. Case conference instructions are found at Filing No. 43. Ordered by Magistrate Judge Susan M. Bazis. (RMW)
December 6, 2018 Filing 49 Consent to Jurisdiction by US Magistrate Judge - by Attorney Andrew J. Phillips on behalf of Plaintiff Carolee Pearson.(Phillips, Andrew) Modified on 12/6/2018 to reflect it is a magistrate consent(DKM).
December 6, 2018 Filing 48 APPLICATION for Refund of pro hac vice admission fee paid electronically by Attorney Andrew J. Phillips on behalf of Plaintiff Carolee Pearson.(Phillips, Andrew)
November 26, 2018 Filing 47 TEXT ORDER - A telephonic status/planning conference was held before Magistrate Judge Susan M. Bazis on November 26, 2018. The planning conference is continued. The parties shall advise the Court as to whether they consent to disposition of this case by a magistrate judge by December 3, 2018. (LRH)
November 20, 2018 Filing 46 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-3807762 by Attorney Andrew J. Phillips on behalf of Plaintiff Carolee Pearson. (Attachments: #1 Supreme Court Certificate)(Phillips, Andrew)
November 16, 2018 Opinion or Order Filing 45 TEXT ORDER granting #44 Motion to Withdraw as Attorney. Jordan Levine and Sarah Freeman are terminated as counsel of record. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
November 16, 2018 Filing 44 MOTION to Withdraw as Attorney Jordan S. Levine, Esq. and Sarah G. Freedman as Attorneys for Plaintiff by Attorney Andrew J. Phillips on behalf of Plaintiff Carolee Pearson.(Phillips, Andrew)
November 5, 2018 Opinion or Order Filing 43 CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Susan M. Bazis. (TCL)
November 5, 2018 Opinion or Order Filing 42 TEXT ORDER: A telephonic Status Conference is set for 11/26/2018 at 11:00 AM Central Time before Magistrate Judge Susan M. Bazis. A separate order with case conference instructions will be filed. Ordered by Magistrate Judge Susan M. Bazis. E-mailed to: John Rodman <, "andrew@levlawllc.com" <, Brendan Rodman <, "Jay C. Elliott" <, Kodi Weigel <, Jordan Scott Levine <, sarah@levlawllc.com <. (RMW)
October 25, 2018 Filing 41 ATTORNEY LETTER by Clerk that Attorney John R. Rodman has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TCL)
October 25, 2018 Filing 40 ATTORNEY LETTER by Clerk that Attorney Brendan P. Rodman has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TCL)
October 25, 2018 Filing 39 ATTORNEY LETTER by Clerk that Attorney Andrew J. Phillips has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TCL)
October 25, 2018 Filing 38 ATTORNEY LETTER by Clerk that Attorney Sarah G. Freedman has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TCL)
October 25, 2018 Filing 37 ATTORNEY LETTER by Clerk that Attorney Jordan S. Levine has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TCL)
October 25, 2018 Filing 36 TEXT NOTICE OF JUDGES ASSIGNED: Magistrate Judge Susan M. Bazis assigned. (TCL)
October 25, 2018 Filing 35 Case transferred in from District of Colorado; Case Number 1:18-cv-00270. Original electronic file received.
October 24, 2018 Filing 34 FINAL JUDGMENT in favor of Gregory K. Foster against Carolee Pearson by Clerk on 10/24/18. (rkeec) [Transferred from Colorado on 10/25/2018.]
October 24, 2018 Opinion or Order Filing 33 ORDER that Defendant Gregory K. Foster's Motion to Dismiss Plaintiff's Amended Complaint and Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(b)(2) and Fed. R. Civ. P. 12(c) (ECF No. #27 ) is GRANTED to the extent that pursuant to 28 U.S.C. 1631, this case is TRANSFERRED to the United States District Court for the District of Nebraska, by Judge Wiley Y. Daniel on 10/24/2018. (evana, ) [Transferred from Colorado on 10/25/2018.]
October 22, 2018 Opinion or Order Filing 32 ORDER granting in part and denying in part #30 Motion to Amend and Extend Certain Deadlines in Scheduling Order. The expert disclosure, discovery, and dispositive motions deadlines are VACATED to be reset after the Court rules on #27 Motion to Dismiss Plaintiff's #17 Amended Complaint and, MOTION for Judgment on the Pleadings Pursuant to Fed.R.Civ.P. 12(b)(2) and Fed.R.Civ.P. 12(c) by Defendant Gregory K. Foster. Counsel for the parties shall submit a revised joint proposed scheduling order within seven days after the Court issues its ruling on #27 Motion to Dismiss. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/22/2018. Text Only Entry (stvlc1, ) [Transferred from Colorado on 10/25/2018.]
October 22, 2018 Opinion or Order Filing 31 MEMORANDUM regarding #30 Joint MOTION to Amend/Correct/Modify #25 Scheduling Order filed by Gregory K. Foster. Motion referred to Magistrate Judge Scott T. Varholak by Judge Wiley Y. Daniel on 10/22/18. Text Only Entry (rkeec) [Transferred from Colorado on 10/25/2018.]
October 22, 2018 Filing 30 Joint MOTION to Amend/Correct/Modify #25 Scheduling Order by Defendant Gregory K. Foster. (Elliott, Jay) [Transferred from Colorado on 10/25/2018.]
June 13, 2018 Filing 29 REPLY to Response to #27 MOTION to Dismiss Plaintiff's Amended Complaint and MOTION for Judgment on the Pleadings Pursuant to Fed.R.Civ.P. 12(b)(2) and Fed.R.Civ.P. 12(c) filed by Defendant Gregory K. Foster. (Elliott, Jay) [Transferred from Colorado on 10/25/2018.]
June 7, 2018 Filing 28 RESPONSE to #27 MOTION to Dismiss Plaintiff's #17 Amended Complaint and MOTION for Judgment on the Pleadings Pursuant to Fed.R.Civ.P. 12(b)(2) and Fed.R.Civ.P. 12(c) filed by Plaintiff Carolee Pearson. (Levine, Jordan) [Transferred from Colorado on 10/25/2018.]
May 21, 2018 Filing 27 MOTION to Dismiss Plaintiff's #17 Amended Complaint and, MOTION for Judgment on the Pleadings Pursuant to Fed.R.Civ.P. 12(b)(2) and Fed.R.Civ.P. 12(c) by Defendant Gregory K. Foster. (Attachments: #1 Exhibit 1)(Elliott, Jay)(Modified on 5/21/2018 edited the text to add link to #17 )(evana, ). [Transferred from Colorado on 10/25/2018.]
April 9, 2018 Opinion or Order Filing 26 MINUTE ORDER; The Final Pretrial Conference set for April 15, 2019 at 10:00 AM before Magistrate Judge Varholak is VACATED. Senior Judge Wiley Y. Daniel will issue an order setting a new date for the Final Pretrial Conference and providing instructions for the submission of the joint proposed Final Pretrial Order, by Magistrate Judge Scott T. Varholak on 4/9/2018. Text Only Entry (morti, ) [Transferred from Colorado on 10/25/2018.]
April 9, 2018 Opinion or Order Filing 25 SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 4/9/18. (morti, ) [Transferred from Colorado on 10/25/2018.]
April 9, 2018 Filing 24 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 4/9/2018. Discovery due by 1/22/2019. Dispositive Motions due by 2/22/2019. Final Pretrial Conference set for 4/15/2019 10:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. FTR: STV - C203. (morti, ) [Transferred from Colorado on 10/25/2018.]
March 20, 2018 Filing 23 ANSWER to #17 Amended Complaint by Gregory K. Foster.(Elliott, Jay) [Transferred from Colorado on 10/25/2018.]
March 19, 2018 Filing 22 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #21 Proposed Scheduling Order filed by attorney Andrew Phillips. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (evana, ) [Transferred from Colorado on 10/25/2018.]
March 19, 2018 Filing 21 Proposed Scheduling Order by Plaintiff Carolee Pearson. (Phillips, Andrew) [Transferred from Colorado on 10/25/2018.]
March 16, 2018 Filing 20 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #19 Answer to Amended Complaint filed by attorney John R. Rodman.The document is incorrectly formatted. (e) Spacing. All pleadings and documents shall be double spaced DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 10.1 (Text Only Entry) (evana, ) [Transferred from Colorado on 10/25/2018.]
March 16, 2018 Filing 19 ANSWER to #17 Amended Complaint AND JURY DEMAND by Gary P. Weagle.(Rodman, John) [Transferred from Colorado on 10/25/2018.]
March 16, 2018 Filing 18 NOTICE of Entry of Appearance by John R. Rodman on behalf of Gary P. WeagleAttorney John R. Rodman added to party Gary P. Weagle(pty:dft) (Rodman, John) [Transferred from Colorado on 10/25/2018.]
March 9, 2018 Filing 17 AMENDED COMPLAINT against Gregory K. Foster, Gary P. Weagle, filed by Carolee Pearson.(jgonz, ) [Transferred from Colorado on 10/25/2018.]
March 9, 2018 Opinion or Order Filing 16 ORDER granting #14 Motion to Amend Complaint. The Clerk of Court is directed to file Dkt No. 14-1 as Plaintiff's Amended Complaint. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/09/2018. Text Only Entry (stvlc1, ) [Transferred from Colorado on 10/25/2018.]
March 9, 2018 Filing 15 MEMORANDUM regarding #14 First MOTION to Amend/Correct/Modify Complaint filed by Carolee Pearson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Wiley Y. Daniel on 3/9/18. Text Only Entry (rkeec) [Transferred from Colorado on 10/25/2018.]
March 9, 2018 Filing 14 First MOTION to Amend/Correct/Modify Complaint by Plaintiff Carolee Pearson. (Attachments: #1 Amended Complaint)(Phillips, Andrew) [Transferred from Colorado on 10/25/2018.]
March 9, 2018 Filing 13 DOCKETING ERROR AMENDED COMPLAINT against All Defendants, filed by Carolee Pearson. (Attachments: #1 Proposed Document Motion to Amend Complaint)(Phillips, Andrew) (Modified on 3/9/2018 Documents are not signed and the Motion was filed as the attachment)(evana, ). [Transferred from Colorado on 10/25/2018.]
March 9, 2018 MEMORANDUM regarding #14 First MOTION to Amend/Correct/Modify Complaint filed by Carolee Pearson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Wiley Y. Daniel on 3/9/18. Text Only Entry (rkeec) [Transferred from Colorado on 10/25/2018.]
March 8, 2018 Filing 12 NOTICE of Filing Amended Pleading Errata to #1 Complaint by Plaintiff Carolee Pearson (Phillips, Andrew) (Modified on 3/9/2018 added link to #1 )(evana, ). [Transferred from Colorado on 10/25/2018.]
March 1, 2018 Filing 11 ANSWER to #1 Complaint, Attorney Jay C. Elliott added to party Gregory K. Foster (pty:dft), Modified on 3/1/2018 to correct event (jgonz, ). [Transferred from Colorado on 10/25/2018.]
February 27, 2018 Filing 10 ANSWER to #1 Complaint, AND JURY DEMAND Attorney Brendan Patrick Rodman added to party Gary P. Weagle(pty:dft) by Gary P. Weagle.(Rodman, Brendan) [Transferred from Colorado on 10/25/2018.]
February 15, 2018 Filing 9 SUMMONS Returned Executed by Carolee Pearson. All Defendants. (Attachments: #1 Affidavit of Service of Summons and Complaint on Gary Weable)(Phillips, Andrew) [Transferred from Colorado on 10/25/2018.]
February 5, 2018 Opinion or Order Filing 8 ORDER setting Scheduling Conference for 4/9/2018 10:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 2/5/2018. (jgonz, ) [Transferred from Colorado on 10/25/2018.]
February 5, 2018 Opinion or Order Filing 7 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. That pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge is designated to conduct proceedings in this civil action as follows: (1) Convene a scheduling conference under Fed.R.Civ.P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2. (2) Conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause. (3) Hear and determine pretrial matters, including discovery and other non-dispositive motions. (4) Alternative Dispute Resolution Authority: Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge, or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. It is further ORDERED that parties and counsel shall be familiar and comply with the above judge's requirements found at www.cod.uscourts.gov. By Judge Wiley Y. Daniel on 2/5/18. Text Only Entry (rkeec) [Transferred from Colorado on 10/25/2018.]
February 5, 2018 Filing 6 NOTICE of Entry of Appearance by Jordan Scott Levine on behalf of Carolee PearsonAttorney Jordan Scott Levine added to party Carolee Pearson(pty:pla) (Levine, Jordan) [Transferred from Colorado on 10/25/2018.]
February 2, 2018 Filing 5 NOTICE of Entry of Appearance by Sarah Graham Freedman on behalf of All Plaintiffs Attorney Sarah Graham Freedman added to party Carolee Pearson(pty:pla) (Freedman, Sarah) [Transferred from Colorado on 10/25/2018.]
February 1, 2018 Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (rsams, ) [Transferred from Colorado on 10/25/2018.]
February 1, 2018 Filing 3 Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (rsams, ) [Transferred from Colorado on 10/25/2018.]
February 1, 2018 Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:Andrew J. Phillips.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (rsams, ) [Transferred from Colorado on 10/25/2018.]
February 1, 2018 Filing 1 COMPLAINT against All Plaintiffs (Filing fee $ 400,Receipt Number 1082-5925963)Attorney Andrew J. Phillips added to party Carolee Pearson(pty:pla), filed by Carolee Pearson. (Attachments: #1 Civil Cover Sheet, #2 Summons on Defendant Weagle, #3 Summons on Defendant Foster)(Phillips, Andrew) [Transferred from Colorado on 10/25/2018.]

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Defendant: Gregory K. Foster
Represented By: Jay C. Elliott
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Defendant: Gary P. Weagle
Represented By: John R. Rodman
Represented By: Brendan P. Rodman
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Plaintiff: Carolee Pearson
Represented By: Sarah G. Freedman
Represented By: Andrew J. Phillips
Represented By: Jordan S. Levine
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