Energy Center Omaha, LLC v. 222 S. 15th Street, LLC
| Energy Center Omaha, LLC |
| 222 S. 15th Street, LLC |
| 8:2024cv00076 |
| February 27, 2024 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Michael D Nelson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 48 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Other Affiliate City Ventures Investments, LLC, Other Affiliate City Ventures Capital, LLC for 222 S. 15th Street, LLC. by Attorney Jordan W. Adam on behalf of Defendants 222 S. 15th Street, LLC, City Ventures Capital, LLC, City Ventures Investments, LLC.(Adam, Jordan) |
| Filing 47 LETTER to Judge Bataillon regarding mediation by Attorney David P. Muth on behalf of Plaintiff Energy Center Omaha, LLC.(Muth, David) |
Filing 46
TEXT ORDER granting #45 Unopposed Motion for Enlargement of Time. Defendant shall have an extension of time to May 6, 2024, to file an answer or other responsive pleading to the complaint. Counsel shall notify the Court of the outcome of mediation on or before May 3, 2024. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 45 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Jordan W. Adam on behalf of Defendant 222 S. 15th Street, LLC.(Adam, Jordan) |
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Filing 44
PROTECTIVE ORDER.Ordered by Magistrate Judge Michael D. Nelson. (TCL)
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| Filing 43 UNOPPOSED TEXT EMAIL MOTION by counsel for defendant requesting the entry of a protective order. (JLM) |
| Filing 42 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Other Affiliate Cordia Thermal, LLC, for Energy Center Omaha, LLC. by Attorney Kenneth W. Hartman on behalf of Plaintiffs Energy Center Omaha, LLC, Cordia Thermal, LLC,.(Hartman, Kenneth) |
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Filing 41
ORDER - 222 and 201 are permitted to close on the sale of Property 1 and Property 2 to Buyer. 222 and 201 are hereby authorized to sell Property 1 and Property 2 free and clear of any claim or lien of Energy Center.The temporary restraining order (Filing No. #22 ) is dissolved subject to the instant order. By agreement of the parties, the hearing for preliminary injunction is continued until further order of this Court. The parties shall provide the Court a settlement status report on or before April 8, 2024. A status hearing is set for May 2, 2024, at 9:30 am before the undersigned in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. IT IS SO ORDERED.Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing 40
TEXT ORDER granting #37 Motion to Restrict pursuant to the E-Government Act. Access to Defendant's Supplemental Brief #38 and Index of Evidence #39 in opposition to Plaintiff's Motion for Preliminary Injunction shall remain restricted to case participants and court users. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 39 RESTRICTED DOCUMENT Defendant's Index of Evidence regarding MOTION to Restrict pursuant to the E-Government Act #37 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). - by Attorney Jordan W. Adam on behalf of Defendant 222 S. 15th Street, LLC. (Attachments: #1 Exhibit Declaration of Dr. William Rogers, #2 Exhibit Declaration of Christopher Erikcon, #3 Exhibit Proposed Order)(Adam, Jordan) |
| Filing 38 RESTRICTED DOCUMENT Defendant's Supplemental Brief Opposing Motion for Preliminary Injunction regarding MOTION to Restrict pursuant to the E-Government Act #37 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). - by Attorney Jordan W. Adam on behalf of Defendant 222 S. 15th Street, LLC.(Adam, Jordan) |
| Filing 37 MOTION to Restrict pursuant to the E-Government Act by Attorney Jordan W. Adam on behalf of Defendant 222 S. 15th Street, LLC.(Adam, Jordan) |
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Filing 36
TEXT ORDER granting #33 Motion to Restrict pursuant to the E-Government Act. The Transcript at Filing No. 30 is sealed. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing 35
TEXT ORDER granting #31 Motion to Restrict pursuant to the E-Government Act. Access to Plaintiff's Reply Brief #32 shall remain restricted to case participants and court users. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 34 NOTICE of Intent to Request Redaction regarding Transcript - Unredacted,,,, 30 . If a redaction request is not filed within 21 calendar days from the filing of the Unredacted Transcript, the court will enter an order to show cause. by Attorney Kenneth W. Hartman on behalf of Plaintiff Energy Center Omaha, LLC (Hartman, Kenneth) |
| Filing 33 MOTION to Restrict pursuant to the E-Government Act (Transcript of 02/29/2024 Hearing) by Attorney Kenneth W. Hartman on behalf of Plaintiff Energy Center Omaha, LLC.(Hartman, Kenneth) |
| Filing 32 RESTRICTED DOCUMENT regarding MOTION for Temporary Restraining Order and Preliminary Injunction, and Request for Expedited Hearing #3 , MOTION to Restrict pursuant to the E-Government Act (Reply Brief iso Motion for Temporary Restraining Order) #31 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). - by Attorney Kenneth W. Hartman on behalf of Plaintiff Energy Center Omaha, LLC.(Hartman, Kenneth) |
| Filing 31 MOTION to Restrict pursuant to the E-Government Act (Reply Brief iso Motion for Temporary Restraining Order) by Attorney Kenneth W. Hartman on behalf of Plaintiff Energy Center Omaha, LLC.(Hartman, Kenneth) |
| Filing 29 NOTICE of Appearance by Attorney Robert W. Futhey on behalf of Defendant 222 S. 15th Street, LLC (Futhey, Robert) |
| Filing 28 REQUEST FOR TRANSCRIPT for proceedings held on Feb 29, 2024 before Senior Judge Joseph F. Bataillon regarding Minutes, Filing 21 Motion Hearing,,,,, Set/Reset Motion and R&R Deadlines/Hearings,,,, by Attorney Kenneth W. Hartman on behalf of Plaintiff Energy Center Omaha, LLC.(Hartman, Kenneth) |
| Filing 27 TEXT ORDER granting Motion for Admission Pro Hac Vice #25 for attorney David P. Muth. Ordered by Deputy Clerk. (LKO) |
| Filing 26 TEXT ORDER granting Motion for Admission Pro Hac Vice #24 for attorney Adam R. Prinsen. Ordered by Deputy Clerk. (LKO) |
| Filing 25 MOTION for Admission Pro Hac Vice David P. Muth Filing fee $ 100, receipt number ANEDC-5043110 by Attorney David P. Muth on behalf of Plaintiff Energy Center Omaha, LLC.(Muth, David) |
| Filing 24 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-5042957 by Attorney Adam R. Prinsen on behalf of Plaintiff Energy Center Omaha, LLC.(Prinsen, Adam) |
| Filing 23 TEXT NOTICE of Hearing regarding Temporary Restraining Order #22 . The hearing on Plaintiff's Motion for Preliminary Injunction will take place on March 7, 2024, at 1:30 p.m. before the undersigned in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska.(TCL) |
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Filing 22
TEMPORARY RESTRAINING ORDER - IT IS SO ORDERED: Plaintiff Energy Center Omaha, LLC's Motion for Temporary Restraining Order (Filing No. #3 ) is granted. Defendant 222 S. 15th Street, LLC is enjoined from dissipating and/or distributing sale proceeds in the amount of $1,000,000 from its sale of the Property located at 222 S. 15th Street, Omaha, Nebraska 68102, to its members or otherwise pending the final disposition of this action. Plaintiff shall, pursuant to Fed. R. Civ. P. 65, post a nominal bond in the amount of Five Thousand Dollars ($5,000) with the Clerk of the Court. A surety is not required to protect the interests of Defendant. The hearing on Plaintiff's Motion for Preliminary Injunction will take place on March 7, 2024, at 1:30 p.m. before the undersigned in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Senior Judge Joseph F. Bataillon. (E-mailed to Finance)(TCL)
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| Filing 21 TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon Motion Hearing held on 2/29/2024 regarding MOTION for Temporary Restraining Order and Preliminary Injunction, and Request for Expedited Hearing #3 . Hearing held in Omaha. Argument by the parties. The Court will take judicial notice of Filing No. 5-1. Defendant objections to the Court taking judicial notice of Filing No. 5-1 as to paragraphs 9, 31, 33, 34, 36, 43, and 48. Defendant ask the Court to take notice of Filing No. 18. The Motion Hearing is continued to 3/7/2024 01:30 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Written order forthcoming. Courtroom Deputy: Tiwauna Lawrence; Reporter: Brenda Fauber; Appearance for Plaintiff: Kenneth W. Hartman and Brian Barmettler: Appearance for Defendant: Jordan W. Adam and Michael B. Duffy; Time Start: 9:41 AM; Time Stop: 10:39 AM; Time in Court: 58 Minutes. (TCL) |
| Filing 20 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant 222 S. 15th Street, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(TCL) |
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Filing 19
TEXT ORDER granting #17 Motion to Restrict pursuant to the E-Government Act. Access to Defendant's Brief #16 and Index of Evidence #18 in Opposition to Plaintiffs Motion for Temporary Injunction shall remain restricted to case participants and court users. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 18 RESTRICTED DOCUMENT 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). - by Attorney Jordan W. Adam on behalf of Defendant 222 S. 15th Street, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Adam, Jordan) |
| Filing 17 MOTION to Restrict pursuant to the E-Government Act by Attorney Jordan W. Adam on behalf of Defendant 222 S. 15th Street, LLC.(Adam, Jordan) |
| Filing 16 RESTRICTED DOCUMENT regarding MOTION for Temporary Restraining Order and Preliminary Injunction, and Request for Expedited Hearing #3 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). - by Attorney Jordan W. Adam on behalf of Defendant 222 S. 15th Street, LLC.(Adam, Jordan) |
| Filing 15 NOTICE of Appearance by Attorney Michael B. Duffy on behalf of Defendant 222 S. 15th Street, LLC (Duffy, Michael) |
| Filing 14 NOTICE of Appearance by Attorney Jordan W. Adam on behalf of Defendant 222 S. 15th Street, LLC (Adam, Jordan) |
| TEXT RECEIPT number 8069074, in the amount of $ 5,000 per Temporary Restraining Order #22 . (JES) |
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Filing 13
TEXT ORDER Setting Hearing on MOTION for Temporary Restraining Order and Preliminary Injunction, and Request for Expedited Hearing #3 . Motion Hearing set for 2/29/2024 at 09:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing 12
REASSIGNMENT ORDER - Pursuant to the presiding judge's order of recusal (Filing No. 11), this case is reassigned to Senior District Judge Joseph F. Bataillon for disposition and remains assigned to Magistrate Michael D. Nelson for judicial supervision. IT IS SO ORDERED.Ordered by Chief Judge Robert F. Rossiter, Jr. (TCL)
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Filing 11
ORDER OF RECUSAL REQUEST FOR REASSIGNMENT - This matter is before the court on the court's 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." Upon review of the parties and the record 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). IT IS SO ORDERED.Ordered by Chief Judge Robert F. Rossiter, Jr. (TCL)
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Filing 10
TEXT ORDER granting #2 Motion to Restrict pursuant to the E-Government Act. Access to Plaintiff's Brief #4 and Index of Evidence #5 in support of its Motion for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Hearing #3 shall remain restricted to case participants and court users. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 9 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Energy Center Omaha, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (JES) |
| Filing 8 Summons Issued as to defendant 222 S. 15th Street, LLC. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JES) |
| Filing 7 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Robert F. Rossiter, Jr. and 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. (JES) |
| Filing 6 Summons Requested as to Defendant regarding Motion to Restrict Pursuant to the E-Government Act (Motion for Permission to Restrict) #2 , Restricted Document,, #4 , Restricted Document,, #5 , Motion for TRO #3 , Complaint, #1 . (Hartman, Kenneth) |
| Filing 5 RESTRICTED DOCUMENT regarding MOTION to Restrict pursuant to the E-Government Act (Brief, Index, and Declaration with Exhibits iso Motion for Temporary Restraining Order #2 , MOTION for Temporary Restraining Order and Preliminary Injunction, and Request for Expedited Hearing #3 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). - by Attorney Kenneth W. Hartman on behalf of Plaintiff Energy Center Omaha, LLC. (Attachments: #1 Appendix Declaration, #2 Exhibit Ex A - Agreement, #3 Exhibit Ex B - Def Jan 15, 2024 Letter, #4 Exhibit Ex C - Pltff Feb 1, 2021 Letter)(Hartman, Kenneth) |
| Filing 4 RESTRICTED DOCUMENT regarding MOTION to Restrict pursuant to the E-Government Act (Brief, Index, and Declaration with Exhibits iso Motion for Temporary Restraining Order #2 , MOTION for Temporary Restraining Order and Preliminary Injunction, and Request for Expedited Hearing #3 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). - by Attorney Kenneth W. Hartman on behalf of Plaintiff Energy Center Omaha, LLC.(Hartman, Kenneth) |
| Filing 3 MOTION for Temporary Restraining Order and Preliminary Injunction, and Request for Expedited Hearing by Attorney Kenneth W. Hartman on behalf of Plaintiff Energy Center Omaha, LLC.(Hartman, Kenneth) |
| Filing 2 MOTION to Restrict pursuant to the E-Government Act (Brief, Index, and Declaration with Exhibits iso Motion for Temporary Restraining Order by Attorney Kenneth W. Hartman on behalf of Plaintiff Energy Center Omaha, LLC.(Hartman, Kenneth) |
| Filing 1 COMPLAINT with jury demand against All Defendants ( Filing fee $ 405, receipt number ANEDC-5039112), by Attorney Kenneth W. Hartman on behalf of Energy Center Omaha, LLC (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Hartman, Kenneth) |
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