Koch v. Kruml et al
Plaintiff: Mark Koch and Mark Allen Koch
Defendant: Rural Enterprise Assistance Program, Center for Rural Affairs, Inc., All Other Persons having or claiming any right, title or interest in or to:, United States Department of Agriculture, Sheer Country, LLC, Thomas Kruml, John and Jane Doe, Small Business Administration and All Other Persons having or claiming any right, title or interest in or to
Case Number: 8:2019cv00345
Filed: August 7, 2019
Court: US District Court for the District of Nebraska
Presiding Judge: Michael D Nelson
Referring Judge: Robert F Rossiter
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1442
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2019 Filing 39 STATEMENT OF ISSUES FOR APPEAL OF HEARING 8/26/2019 AND RULING 8/28/2019 on behalf of Plaintiff Mark Allen Koch. (KLF)
September 19, 2019 Filing 38 MOTION for Leave to Appeal in forma pauperis on behalf of Plaintiff Mark Allen Koch. (KLF)
September 16, 2019 Opinion or Order Filing 37 ORDER TO SHOW CAUSE - Koch is directed to file an affidavit making the three required showings by September 30, 2019. Failure to do so may result in denial of Koch's motion to proceed IFP without further notice. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
September 11, 2019 Filing 36 REQUEST FOR TRANSCRIPT for proceedings held on 8/26/2019 before District Judge Robert F. Rossiter, Jr. regarding Minutes, Filing 28 Order on Motion for Preliminary Injunction on behalf of Plaintiff Mark Allen Koch. (LKO)
September 11, 2019 Filing 35 MOTION for Leave to Appeal in forma pauperis on behalf of Plaintiff Mark Allen Koch. (LKO)
September 11, 2019 Filing 34 NOTICE OF APPEAL regarding Memorandum and Order #31 on behalf of Plaintiff Mark Allen Koch. (LKO)
September 3, 2019 Filing 33 RECEIPT from District Court of Valley County Nebraska, case number CI 19-19. (KLF)
August 28, 2019 Filing 32 Transmittal Letter sending certified copies of the Remand Order #31 and docket sheet to the District Court of Valley County Nebraska. (KLF)
August 28, 2019 Opinion or Order Filing 31 MEMORANDUM AND ORDER - Defendants Small Business Administration and United States Department of Agriculture are dismissed from this case. This case is remanded to the District Court of Valley County, Nebraska. The Clerk of Court is directed to take all steps necessary to accomplish the remand. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (KLF)
August 28, 2019 Filing 29 ATTORNEY LETTER by Clerk that Attorney Thomas S. Kruml has not paid the biennial assessment. 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. (KLF)
August 26, 2019 Filing 30 EXHIBIT LIST from hearing held on August 26, 2019 regarding Minutes 28 .(MLF)
August 26, 2019 Filing 28 TEXT MINUTE ENTRY for proceedings held on 8/26/2019 before Judge Robert F. Rossiter, Jr. Motion hearing held regarding Motion for Preliminary Injunction #10 and Motion for Immediate Ex Parte Restraining Order/Injunction #12 filed by the plaintiff. Exhibits by the plaintiff. Order to be issued. Courtroom Deputy: Marian Lea Frahm; Court Reporter: Sue DeVetter; Appearance for Plaintiff: Mark Allen Koch; Appearance for Defendant Center for Rural Affairs: Brandon B. Hanson;Appearance for Defendant Small Business Administration: Robert L. Homan; Appearance for Sheer Country: Thomas Kruml; Time Start: 1:15 PM; Time Stop: 2:04 PM; Time in Courts: 49 Minutes. (MLF)
August 26, 2019 Filing 27 NOTICE of Hearing on behalf of Plaintiff Mark Allen Koch. (KLF)
August 26, 2019 Filing 26 BRIEF in opposition to MOTION for Preliminary Injunction #10 by Attorney Brandon B. Hanson on behalf of Defendant Center for Rural Affairs, Inc..(Hanson, Brandon)
August 26, 2019 Filing 25 INDEX in opposition to MOTION for Preliminary Injunction #10 by Attorney Brandon B. Hanson on behalf of Defendant Center for Rural Affairs, Inc.. (Attachments: #1 Affidavit of Brian Depew)(Hanson, Brandon)
August 23, 2019 Filing 24 BRIEF in opposition to MOTION for Preliminary Injunction #12 by Attorney Brandon B. Hanson on behalf of Defendant Center for Rural Affairs, Inc..(Hanson, Brandon)
August 23, 2019 Filing 23 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Attorney Thomas S. Kruml on behalf of Defendants Thomas Kruml, Sheer Country, LLC. (Attachments: #1 Brief in Support of Motion to Dismiss for lack of Subject Matter Jurisdiction)(Kruml, Thomas)
August 23, 2019 Filing 22 BRIEF in support of MOTION to Dismiss for Lack of Subject Matter Jurisdiction #21 by Attorney Brandon B. Hanson on behalf of Defendant Center for Rural Affairs, Inc..(Hanson, Brandon)
August 23, 2019 Filing 21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Attorney Brandon B. Hanson on behalf of Defendant Center for Rural Affairs, Inc..(Hanson, Brandon)
August 22, 2019 Opinion or Order Filing 20 TEXT NOTICE - The Court will address the question of jurisdiction over the United States and its entities at the hearing scheduled for August 26, 2019 at 1:00 p.m. The parties will be expected to address this issue before the Court. Ordered by Judge Robert F. Rossiter, Jr. (E-mailed to pro se party) (JSF)
August 22, 2019 Filing 19 BRIEF in opposition to MOTION to Amend #9 Complaint by Attorney Brandon B. Hanson on behalf of Defendant Center for Rural Affairs, Inc..(Hanson, Brandon)
August 22, 2019 Filing 18 BRIEF in support of Index,, #17 Defendants Shear Country, LLC and Thomas S. Kruml, Trustee Opposition to Plaintiffs Motion for Injunction and for Ex Parte Injunction/Restraining Order by Attorney Thomas S. Kruml on behalf of Defendants Thomas Kruml, Sheer Country, LLC.(Kruml, Thomas)
August 22, 2019 Filing 17 INDEX in support of Defendants Shear Country, LLC and Thomas S. Kruml, Trustee Opposition to Plaintiffs Motion for Injunction and for Ex Parte Injunction/Restraining Order by Attorney Thomas S. Kruml on behalf of Defendants Thomas Kruml, Sheer Country, LLC. (Attachments: #1 Exhibit 1, #2 Attch. A, #3 Attch. B, #4 Attch. C, #5 Attch. D, #6 Attch. E, #7 Attch. F, #8 Attch. G, #9 Attch. H, #10 Attch. I, #11 Attch. J, #12 Attch. K, #13 Attch. L, #14 Attch. M, #15 Attch. N, #16 Attch. O, #17 Attch. P, #18 Attch. Q)(Kruml, Thomas)
August 22, 2019 Filing 16 BRIEF in opposition to MOTION for Preliminary Injunction #10 by Attorney Robert L. Homan on behalf of Defendants Small Business Administration, United States Department of Agriculture.(Homan, Robert)
August 22, 2019 Filing 15 INDEX in opposition to MOTION for Preliminary Injunction #10 by Attorney Robert L. Homan on behalf of Defendants Small Business Administration, United States Department of Agriculture. (Attachments: #1 Declaration of Robert Homan with Attachment A)(Homan, Robert)
August 19, 2019 Opinion or Order Filing 14 TEXT ORDER Setting Hearing on Motion for Injunction (Filing No. #10 ) and Motion for Immediate Ex Parte Restraining Order/Injunction (Filing No. #12 ) for Monday, August 26, 2019 at 1:00 p.m. in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter, Jr. Ordered by Judge Robert F. Rossiter, Jr. (Copy e-mailed to pro se party) (JSF)
August 16, 2019 Filing 13 MOTION Against Dismissal by Defendants on behalf of Plaintiff Mark Allen Koch. (KLF)
August 16, 2019 Filing 12 MOTION for Immediate Ex Parte Restraining Order/Injunction on behalf of Plaintiff Mark Allen Koch. (KLF)
August 16, 2019 Filing 11 AFFIDAVIT for MOTION for Injunction #10 on behalf of Plaintiff Mark Allen Koch. (KLF)
August 14, 2019 Filing 10 MOTION for Injunction on behalf of Plaintiff Mark Allen Koch. (KLF)
August 14, 2019 Filing 9 MOTION to Amend Complaint With The Second Amended Complaint on behalf of Plaintiff Mark Allen Koch. (Attachments: #1 Second Amended Complaint) (KLF)
August 14, 2019 Filing 8 Certified Mail Proof of Service on behalf of Plaintiff Mark Allen Koch. (KLF)
August 12, 2019 Opinion or Order Filing 7 REASSIGNMENT ORDER - that this case is reassigned to District Judge Robert F. Rossiter, Jr. for disposition and remains assigned to Magistrate Judge Michael D. Nelson for judicial supervision. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party) (KLF)
August 12, 2019 Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Thomas S. Kruml on behalf of Defendants Thomas Kruml, Sheer Country, LLC. (Attachments: #1 Supplement Defendant's Brief in Support)(Kruml, Thomas)
August 9, 2019 Opinion or Order Filing 5 TEXT ORDER granting #3 Motion for Extension of Time to File a Responsive Pleading. Defendants, United States Department of Agriculture and United States Small Business Administration, shall file an answer or other responsive pleading on or before September 30, 2019. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
August 7, 2019 Filing 4 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO)
August 7, 2019 Filing 3 MOTION for Extension of Time to File a Responsive Pleading by Attorney Robert L. Homan on behalf of Defendants Small Business Administration, United States Department of Agriculture.(Homan, Robert)
August 7, 2019 Filing 2 DECLARATION regarding Notice of Removal Attorney - Complaint, #1 by Attorney Robert L. Homan on behalf of Defendants Small Business Administration, United States Department of Agriculture.(Homan, Robert)
August 7, 2019 Filing 1 NOTICE OF REMOVAL against Mark Koch from District Court of Valley County, Nebraska, Case number CI 19-19 with attached state court pleadings, by Attorney Robert L. Homan on behalf of United States Department of Agriculture, Small Business Administration(Homan, Robert)

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Plaintiff: Mark Koch
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Plaintiff: Mark Allen Koch
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Defendant: Rural Enterprise Assistance Program
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Defendant: Center for Rural Affairs, Inc.
Represented By: Brandon B. Hanson
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Defendant: All Other Persons having or claiming any right, title or interest in or to:
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Defendant: United States Department of Agriculture
Represented By: Robert L. Homan
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Defendant: Sheer Country, LLC
Represented By: Thomas S. Kruml
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Defendant: Thomas Kruml
Represented By: Thomas S. Kruml
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Defendant: John and Jane Doe
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Defendant: Small Business Administration
Represented By: Robert L. Homan
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Defendant: All Other Persons having or claiming any right, title or interest in or to
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