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 207 |
Filed: 5/9/2018, Entered: None |
Reply |
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 Request |
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| 122 |
Filed: 11/2/2016, Entered: None |
Answer to amended complaint |
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Request |
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| 114 |
Filed: 9/12/2016, Entered: None |
Brief |
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Request |
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| 113 |
Filed: 9/12/2016, Entered: None |
Brief |
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Request |
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| 108 |
Filed: 8/31/2016, Entered: None |
Motion for Extension of Time to File Responsive Pleading |
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Request |
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| 330 |
Filed: 4/24/2020, Entered: 4/24/2020 |
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MANDATE from USCA - 8th Circuit (18-3596 & 18-3600) In accordance with the opinion and judgment of 04/03/2020, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (LKO)
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Request |
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| 329 |
Filed: 4/3/2020, Entered: 4/3/2020 |
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JUDGMENT from USCA - 8th Circuit (18-3596 & 18-3600) These appeals from the United States District Court were submitted on the record of the district court, briefs of the parties and were argued by counsel. After consideration, it is hereby ordered and adjudged that the judgment of the district court in these causes are affirmed in accordance with the opinion of this Court. (LKO)
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Request |
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| 328 |
Filed: 4/3/2020, Entered: 4/3/2020 |
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COPY of Opinion of USCA - 8th Circuit, Appellate Docket Numbers 18-3596 & 18-3600, regarding Notice of Appeal to USCA 301 . (Attachments: # 1 Counsel Opinion Letter, # 2 Letter to Publishing) (LKO)
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Request |
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| 327 |
Filed: 2/8/2019, Entered: 2/8/2019 |
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TRANSCRIPT (UNREDACTED) of Hearing Regarding Discovery Disputes proceedings before Magistrate Judge Cheryl R. Zwart Total Number of Billable Pages: 168. Total Number of Pages: 169. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the courts public terminal or purchased through Transcriber Lori J. Sehnert at (402) 477-8425 or contact@generalreportingservice.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/1/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/9/2019. (Sehnert, Lori) Modified on 5/10/2019 to release transcript restrict (LKO).
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Request |
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| 326 |
Filed: 2/8/2019, Entered: 2/8/2019 |
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TRANSCRIPT (UNREDACTED) of Telephone Conference proceedings before Magistrate Judge Cheryl R. Zwart Total Number of Billable Pages: 38. Total Number of Pages: 38. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the courts public terminal or purchased through Transcriber Lori J. Sehnert at (402) 477-8425 or contact@generalreportingservice.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/1/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/9/2019. (Sehnert, Lori) Modified on 5/10/2019 to release transcript restrict (LKO).
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Request |
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| 325 |
Filed: 1/22/2019, Entered: 1/22/2019 |
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LETTER BY CLERK that a transcript request was sent to General Reporting for transcription regarding In Court Hearing 159 and Telephone Conference 324 . Transcript ordered by Attorney Robert J. Gaudet, Jr. 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). (KLF)
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Request |
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| 323 |
Filed: 1/21/2019, Entered: 1/21/2019 |
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REQUEST FOR TRANSCRIPT for proceedings held on 11/6/2017;1/25/2018;11/15/2017 before Magistrate Judge Cheryl R. Zwart Seeking Transcripts For Hearings Held on 11/6/2017; 11/15/2017; and 1/25/2018 regarding Minutes, Filing 132 In Court Hearing,, 159 In Court Hearing,, (Gaudet, Robert)
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Request |
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| 322 |
Filed: 1/16/2019, Entered: 1/16/2019 |
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TRANSCRIPT (UNREDACTED) of Volume VIII, Transcript of Trial Proceedings before District Judge Robert F. Rossiter, Jr. held on July 19, 2018. Total Number of Billable Pages: 8. Pages: 1547-1554. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (SMD) Modified on 4/17/2019 to release transcript restrict (LKO).
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Request |
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| 321 |
Filed: 1/16/2019, Entered: 1/16/2019 |
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TRANSCRIPT (UNREDACTED) of Volume VII, Transcript of Trial Proceedings before District Judge Robert F. Rossiter, Jr. held on July 18, 2018. Total Number of Billable Pages: 203. Pages: 1344-1546. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (SMD) Modified on 4/17/2019 to release transcript restrict (LKO).
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Request |
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| 320 |
Filed: 1/16/2019, Entered: 1/16/2019 |
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TRANSCRIPT (UNREDACTED) of Volume VI, Transcript of Trial Proceedings before District Judge Robert F. Rossiter, Jr. held on July 17, 2018. Total Number of Billable Pages: 244. Pages: 1100-1343. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (SMD) Modified on 4/17/2019 to release transcript restrict (LKO).
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Request |
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| 319 |
Filed: 1/16/2019, Entered: 1/16/2019 |
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TRANSCRIPT (UNREDACTED) of Volume V, Transcript of Trial Proceedings before District Judge Robert F. Rossiter, Jr. held on July 16, 2018. Total Number of Billable Pages: 215. Pages: 885-1099. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (SMD) Modified on 4/17/2019 to release transcript restrict (LKO).
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Request |
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| 318 |
Filed: 1/16/2019, Entered: 1/16/2019 |
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TRANSCRIPT (UNREDACTED) of Volume IV, Transcript of Trial Proceedings before District Judge Robert F. Rossiter, Jr., held on July 13, 2018. Total Number of Billable Pages: 214. Pages: 671-884. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the courts public terminal or purchased through Court Reporter Lisa Grimminger at (402) 661-7379 before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (LGG) Modified on 4/17/2019 to release transcript restrict (LKO).
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Request |
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| 317 |
Filed: 1/16/2019, Entered: 1/16/2019 |
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TRANSCRIPT (UNREDACTED) of Volume III, Transcript of Trial Proceedings before District Judge Robert F. Rossiter, Jr., held on July 12, 2018. Total Number of Billable Pages: 224. Pages: 447-670. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the courts public terminal or purchased through Court Reporter Lisa Grimminger at (402) 661-7379 before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (LGG) Modified on 4/17/2019 to release transcript restrict (LKO).
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Request |
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| 316 |
Filed: 1/16/2019, Entered: 1/16/2019 |
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TRANSCRIPT (UNREDACTED) of Volume II, Transcript of Trial Proceedings, before District Judge Robert F. Rossiter, Jr. held on July 11, 2018. Total Number of Billable Pages: 221. Pages: 226-446. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (SMD) Modified on 4/17/2019 to release transcript restrict (LKO).
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Request |
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| 315 |
Filed: 1/16/2019, Entered: 1/16/2019 |
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TRANSCRIPT of Voir Dire Proceedings (UNREDACTED) before District Judge Robert F. Rossiter, Jr., held on July 10, 2018. Total Number of Billable Pages: 70. Pages: 24-93. To purchase a copy of this transcript, please contact Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE MARCH 2009 JUDICIAL CONFERENCE GUIDANCE ON PROTECTING PRIVACY INTERESTS IN ELECTRONIC TRANSCRIPTS OF VOIR DIRE PROCEEDINGS. (SMD)
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Request |
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| 314 |
Filed: 1/16/2019, Entered: 1/16/2019 |
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TRANSCRIPT (UNREDACTED) of Volume I, Transcript of Trial Proceedings before District Judge Robert F. Rossiter, Jr. held on July 10, 2018. Total Number of Billable Pages: 155. Pages: 1-23 and 94-225. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (SMD) Modified on 4/17/2019 to release transcript restrict (LKO).
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Request |
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| 313 |
Filed: 1/16/2019, Entered: 1/16/2019 |
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TRANSCRIPT (UNREDACTED) of Master Index for Transcript of Trial Proceedings before District Judge Robert F. Rossiter, Jr. held on July 10-13 and 16-19, 2018. Total Number of Billable Pages: 7. Pages: 1-7. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (SMD) Modified on 4/17/2019 to release transcript restrict (LKO).
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Request |
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| 312 |
Filed: 1/15/2019, Entered: 1/15/2019 |
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TRANSCRIPT (UNREDACTED) of Pretrial Conference proceedings before Magistrate Judge Cheryl R. Zwart held on 6/26/18. Total Number of Billable Pages: 63. Total Number of Pages: 63. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the courts public terminal or purchased through Transcriber Julie A. Pell at (402) 476-7160 or julie@pellreporting.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 2/5/2019. Redacted Transcript Deadline set for 2/15/2019. Release of Transcript Restriction set for 4/15/2019. (Pell, Julie) Modified on 4/16/2019 to release transcript restrict (LKO).
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Request |
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| 311 |
Filed: 12/28/2018, Entered: 12/28/2018 |
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Letter by Clerk from USCA-8th Circuit [18-3600] regarding Notice of Appeal to USCA 301 . (Attachments: # 1 Caption for Case Number 18-3600)(MKR)
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Request |
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| 310 |
Filed: 12/17/2018, Entered: 12/17/2018 |
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LETTER BY CLERK that a transcript request was sent to Julie Pell for transcription regarding Pretrial Conference 223 . Transcript ordered by Attorney Joel E. Feistner. 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). (KLF)
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Request |
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| 309 |
Filed: 12/14/2018, Entered: 12/14/2018 |
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REQUEST FOR TRANSCRIPT for proceedings held on June 26, 2018, July 10-19, 2018 before District Judge Robert F. Rossiter, Jr. regarding Minutes, Filing 263 Jury Trial - Held,, 223 Pretrial Conference - Pro Se, 258 Jury Trial - Began,,, 264 Jury Trial - Held,, 261 Jury Trial - Held,,, 271 Order on Motion to Dismiss Party,,,, Order on Motion to Amend,,,, Jury Trial - Ended,,, 260 Jury Trial - Held,, 265 Jury Trial - Held,,,, 262 Jury Trial - Held,, by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.(Feistner, Joel)
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Request |
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| 308 |
Filed: 12/14/2018, Entered: 12/14/2018 |
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REQUEST FOR TRANSCRIPT for proceedings held on June 26, 2018, July 10-19, 2018 before District Judge Robert F. Rossiter, Jr. regarding Minutes, Filing 263 Jury Trial - Held,, 223 Pretrial Conference - Pro Se, 258 Jury Trial - Began,,, 264 Jury Trial - Held,, 261 Jury Trial - Held,,, 271 Order on Motion to Dismiss Party,,,, Order on Motion to Amend,,,, Jury Trial - Ended,,, 260 Jury Trial - Held,, 265 Jury Trial - Held,,,, 262 Jury Trial - Held,, by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.(Feistner, Joel)
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Request |
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| 307 |
Filed: 12/12/2018, Entered: 12/12/2018 |
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SCHEDULING LETTER from USCA - 8th Circuit (183596 & 18-3600) as to Notice of Appeal to USCA 298 , Notice of Appeal to USCA 297 and Notice of Appeal to USCA 301 . Transcript Designation (if necessary) set for 1/16/2019. (LKO)
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Request |
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| 306 |
Filed: 12/7/2018, Entered: 12/7/2018 |
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SCHEDULING LETTER from USCA - 8th Circuit (18-3596 & 18-3600) as to Notice of Appeal to USCA 298 , Notice of Appeal to USCA 297 , and Notice of Appeal to USCA 301 . Transcript Designation set for 1/16/2019. (LKO)
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Request |
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| 305 |
Filed: 12/7/2018, Entered: 12/7/2018 |
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Letter by Clerk of USCA - 8th Circuit (18-3596) regarding NOA Packet. (Attachments: # 1 Amended NOA, # 2 Acknowledgement of Amended NOA) (LKO)
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Request |
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| 304 |
Filed: 12/6/2018, Entered: 12/6/2018 |
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ORDER - that the motion to withdraw filed by Matthew M. Zarghouni, as counsel of record for Defendant Bitters, (Filing No. 303 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Request |
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| 303 |
Filed: 12/5/2018, Entered: 12/5/2018 |
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MOTION to Withdraw as Attorney by Attorney Matthew M. Zarghouni on behalf of Defendant William E. Bitters. (Attachments: # 1 Exhibit Memorandum in Support of Motion to Withdraw, # 2 Text of Proposed Order Proposed Order)(Zarghouni, Matthew)
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Request |
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| 302 |
Filed: 12/4/2018, Entered: 12/4/2018 |
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NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 301 , Memorandum and Order 221 , Order 249 , Text Minute Entry 265 , Text Minute Entry 271 , Jury Instructions 276 , Memorandum and Order 281 , Judgment - Pro Se 282 , and Memorandum and Order 296 . Notice of Appeal filed on 12/3/18 by Defendant William E. Bitters. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERKS OFFICE. (LKO)
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Request |
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| 301 |
Filed: 12/3/2018, Entered: 12/3/2018 |
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NOTICE OF APPEAL regarding Order on Motion to Dismiss Party, 281 , Order on Motion in Limine, 249 , Order on Motion to Dismiss Party,,,, Order on Motion to Amend,,,, Jury Trial - Ended,,, 271 , Judgment - Pro Se, 282 , Order on Motion for Judgment,, Order on Motion to Amend, 296 , Order on Motion for Summary Judgment,,,,,,,, Order on Motion to Strike,,,, Order on Motion to Continue,,, 221 Amended by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters. (Feistner, Joel)
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Request |
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| 300 |
Filed: 12/3/2018, Entered: 12/3/2018 |
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NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 298 , Order 220 , Memorandum and Order 221 , Memorandum and Order 281 , Judgment 282 , and Memorandum and Order 296 . Notice of Appeal filed on 12/2/2018 by Plaintiff Joyce Rosamond Petersen. (LKO)
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Request |
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| 299 |
Filed: 12/3/2018, Entered: 12/3/2018 |
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NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 297 and Memorandum and Order 296 . Notice of Appeal filed on 11/30/18 by Defendant William E. Bitters. (LKO)
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Request |
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| 298 |
Filed: 12/2/2018, Entered: 12/2/2018 |
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NOTICE OF APPEAL regarding Order on Motion to Dismiss Party, 281 , Judgment - Pro Se, 282 , Order on Motion to Extend, Order on Motion for Attorney Fees 220 , Order on Motion for Judgment,, Order on Motion to Amend, 296 , Order on Motion for Summary Judgment,,,,,,,, Order on Motion to Strike,,,, Order on Motion to Continue,,, 221 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. Filing fee $ 505, receipt number ANEDC-3813954. (Gaudet, Robert)
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Request |
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| 297 |
Filed: 11/30/2018, Entered: 11/30/2018 |
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NOTICE OF APPEAL regarding Order on Motion for Judgment,, Order on Motion to Amend, 296 by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters. Filing fee $ 505, receipt number ANEDC-3813848. (Feistner, Joel)
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Request |
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| 296 |
Filed: 11/2/2018, Entered: 11/2/2018 |
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MEMORANDUM AND ORDER that plaintiff Estate of Joyce Rosamond Petersen's Motion to Alter and Obtain Relief from Aspects of Judgment and for New Trial on Certain Issues (Filing No. 291 ) is denied. Defendant William E. Bitters's Motion for Judgment as a Matter of Law, or in the Alternative, Motion for New Trial (Filing No. 289 ) is denied. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Request |
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| 295 |
Filed: 9/19/2018, Entered: 9/19/2018 |
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RESPONSE regarding Brief 290 , FINAL MOTION for Judgment as a Matter of Law, or For New Trial 289 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit DECLARATION OF ROBERT J. GAUDET, JR.)(Gaudet, Robert)
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Request |
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| 294 |
Filed: 9/5/2018, Entered: 9/5/2018 |
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TEXT ORDER granting Motion for Extension of Time to Respond to Defendant William E. Bitters' Motion for Judgment as a Matter of Law, or in the Alternative Motion for New Trial (Filing No. 293 ). The plaintiff Estate of Joyce Rosamond Petersen is given until September 19, 2018 to respond to defendant William E. Bitters' motion (Filing No. 289 ). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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| 293 |
Filed: 9/4/2018, Entered: 9/4/2018 |
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MOTION to Extend DEADLINE FOR PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR JUDGMENT AS MATTER OF LAW OR NEW TRIAL FINAL MOTION for Judgment as a Matter of Law, or For New Trial 289 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit Declaratio of Robert J. Gaudet, Jr., # 2 Affidavit Declaration of J. Hamilton McMenamy)(Gaudet, Robert)
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Request |
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| 292 |
Filed: 8/28/2018, Entered: 8/28/2018 |
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BRIEF in support of MOTION to Amend the Judgment and Offer Relief From Aspects of Judgment and Hold New Trial on Certain Issues Pursuant to Rules 59 and 60 291 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Declaration of Robert J. Gaudet, Jr.)(Gaudet, Robert)
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Request |
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| 291 |
Filed: 8/28/2018, Entered: 8/28/2018 |
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MOTION to Amend the Judgment and Offer Relief From Aspects of Judgment and Hold New Trial on Certain Issues Pursuant to Rules 59 and 60 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 290 |
Filed: 8/20/2018, Entered: 8/20/2018 |
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BRIEF in support of FINAL MOTION for Judgment as a Matter of Law, or For New Trial 289 by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.(Feistner, Joel)
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Request |
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| 289 |
Filed: 8/20/2018, Entered: 8/20/2018 |
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FINAL MOTION for Judgment as a Matter of Law, or For New Trial by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.(Feistner, Joel)
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Request |
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| 288 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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TRANSCRIPT (UNREDACTED) of Partial Transcript of Trial Proceedings - Closing Argument by Mr. Gaudet, before District Judge Robert F. Rossiter, Jr. held on July 18, 2018. Total Number of Billable Pages: 32. Pages: 1-32. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/13/2018. (SMD) Modified on 11/14/2018 to release transcript restrict (LKO).
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Request |
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| 287 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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TRANSCRIPT (UNREDACTED) of Partial Transcript of Trial - Jury Instruction Conference, before District Judge Robert F. Rossiter, Jr. held on July 18, 2018. Total Number of Billable Pages: 44. Pages: 1-44. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/13/2018. (SMD) Modified on 11/14/2018 to release transcript restrict (LKO).
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Request |
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| 286 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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TRANSCRIPT (UNREDACTED) of Partial Transcript of Trial Proceedings - Rule 50 Motion, before District Judge Robert F. Rossiter, Jr. held on July 18, 2018. Total Number of Billable Pages: 74. Pages: 1-74. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/13/2018. (SMD) Modified on 11/14/2018 to release transcript restrict (LKO).
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Request |
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| 285 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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TRANSCRIPT (UNREDACTED) of Partial Transcript of Trial Proceedings - Witness 746E007, before District Judge Robert F. Rossiter, Jr. held on July 16, 2018. Total Number of Billable Pages: 77. Pages: 1-77. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/13/2018. (SMD) Modified on 11/14/2018 to release transcript restrict (LKO).
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Request |
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| 284 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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TRANSCRIPT (UNREDACTED) of Partial Transcript of Trial Proceedings - Opening Statement by Mr. McMenamy, before District Judge Robert F. Rossiter, Jr. held on July 10, 2018. Total Number of Billable Pages: 11. Pages: 1-11. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/13/2018. (SMD) Modified on 11/14/2018 to release transcript restrict (LKO).
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Request |
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| 283 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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TRANSCRIPT (UNREDACTED) of trial testimony of William Bitters before District Judge Robert F. Rossiter, Jr. held on July 12 and 13, 2018. Total Number of Billable Pages: 283. Total Number of Pages: 283. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the courts public terminal or purchased through Court Reporter Lisa Grimminger at (402) 661-7379 before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/13/2018. (LGG) Modified on 11/14/2018 to release transcript restrict (LKO).
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Request |
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| 282 |
Filed: 8/1/2018, Entered: 8/1/2018 |
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JUDGMENT - In accordance with the Jury Verdict (Filing No. 274 ) returned on July 19, 2018, judgment is entered in favor of plaintiff Estate of Joyce Rosamond Petersen and against defendants William E. Bitters and 746E007 in the amount of $356,619.30 (Attachments: # 1 Notice - Civil Appeals in Pro Se Cases) Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Request |
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| 281 |
Filed: 8/1/2018, Entered: 8/1/2018 |
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MEMORANDUM AND ORDER that William E. Bitters and 746E007 will be jointly and severally liable to the Estate of Joyce Rosamond Petersen for $356,619.30. The Estate of Joyce Rosamond Petersen's Motion to Dismiss 746E007 (Filing No. 266 ) is denied. A separate judgment will issue. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Request |
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| 280 |
Filed: 7/27/2018, Entered: 7/27/2018 |
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TRANSCRIPT (UNREDACTED) of Partial Transcript of Trial Testimony before District Judge Robert F. Rossiter, Jr. held on July 13, 2018. Total Number of Billable Pages: 10. Total Number of Pages: 10. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the courts public terminal or purchased through Court Reporter Lisa Grimminger at (402) 661-7379 before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 8/17/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/25/2018. (LGG) Modified on 10/26/2018 to release transcript restrict (LKO).
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Request |
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| 279 |
Filed: 7/27/2018, Entered: 7/27/2018 |
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TRANSCRIPT (UNREDACTED) of Partial Transcript of Trial Testimony before District Judge Robert F. Rossiter, Jr. held on July 12, 2018. Total Number of Billable Pages: 19. Total Number of Pages: 19. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the courts public terminal or purchased through Court Reporter Lisa Grimminger at (402) 661-7379 before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 8/17/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/25/2018. (LGG) Modified on 10/26/2018 to release transcript restrict (LKO).
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Request |
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| 278 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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EXHIBIT RECEIPT BY DEFENDANT as to Defendant William E. Bitters from jury trial held on July 10, 2018. (JSF)
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Request |
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| 277 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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EXHIBIT RECEIPT BY PLAINTIFF as to Plaintiff Estate of Joyce Rosamond Petersen from jury trial hearing held on July 10, 2018. (JSF)
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Request |
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| 276 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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Final Jury Instructions. (JSF)
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Request |
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| 275 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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PART 2 OF 2 - FOREPERSON'S SIGNATURE Page regarding Jury Verdict 274 . ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). (JSF)
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Request |
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| 274 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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JURY VERDICT with foreperson's signature redacted pursuant to the E-Government Act in favor of Plaintiff Estate of Joyce Rosamond Petersen on the estate's claim of breach of contract against 746E007 in the amount of $356,619.30. The jury also found in favor of Plaintiff Estate of Joyce Rosamond Petersen on the estate's claims of fraudulent misrepresentation and breach of fiduciary duty against William E. Bitters in the amount of $356,619.30. PART 1 OF 2. (JSF)
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Request |
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| 273 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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WITNESS LIST from jury trial held on July 10-19, 2018 regarding Minutes 271 .(MLF) Modified on 11/6/2018 to correct date(MLF).
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Request |
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| 272 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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EXHIBIT LIST from jury trial held on July 10-19, 2018 regarding Minutes 271 .(MLF) Modified on 11/6/2018 to correct date (MLF).
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Request |
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| 271 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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TEXT MINUTE ENTRY for proceedings held before Judge Robert F. Rossiter, Jr. Jury resumed deliberations on 7/19/2018 at 9:00 a.m. Plaintiff's Motion to Dismiss Party 266 is taken under advisement. Defendant's Motion to Amend 267 is overruled. Verdict received at 1:50 p.m. Clerk file verdict and enter judgment. Jury trial ended. Number of trial days with evidence - 6. No interpreter used during hearing. Courtroom deputy: Marian Lea Frahm; Reporter: Sue DeVetter; Appearance for Plaintiff: Robert J. Gaudet, Jr. and James H. McMenamy; Appearance for Defendant William E. Bitters: Joel E. Feister; Appearance for Defendant 746E007: Not Present; Time Start: 2:21 PM; Time Stop: 2:32 PM; Time in Court: 11 Minutes. (MLF)
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| 270 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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BRIEF in opposition to Proposed Jury Instructions 268 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 269 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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BRIEF in opposition to MOTION to Amend 267 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 268 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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PROPOSED JURY INSTRUCTIONS by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.. (Feistner, Joel)
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Request |
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| 267 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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MOTION to Amend by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.(Feistner, Joel)
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Request |
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| 266 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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MOTION to Dismiss Party 746E007 WITH IMMEDIATE EFFECT AND TO STRIKE FIRST PAGE OF VERDICT FORM REGARDING 746E007 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 265 |
Filed: 7/18/2018, Entered: 7/18/2018 |
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TEXT MINUTE ENTRY for proceedings held before Judge Robert F. Rossiter, Jr. Jury trial held on 7/18/2018. Defendant rests. Defendant's oral motion for judgment as a matter of law is granted in part and denied in part. Defendant's renewed oral motion for a directed verdict is granted in part and denied in part. Instruction conference held. Closing arguments. Final instructions read to jury. Jury received case at 4:19 p.m. Jury is to separate and to return and resume deliberations on July 19, 2018 at 9:00 am. in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. No interpreter used during hearing. Courtroom deputy: Marian Lea Frahm; Reporter: Sue DeVetter; Appearance for Plaintiff: Robert J. Gaudet, Jr. and James H. McMenamy; Appearance for Defendant William E. Bitters: Joel E. Feister; Appearance for Defendant 746E007: 746E007, Pro Se; Time Start: 8:45 AM; Time Stop: 4:36 PM; Time in Court: 5 Hours 33 Minutes. (MLF)
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| 264 |
Filed: 7/17/2018, Entered: 7/17/2018 |
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TEXT MINUTE ENTRY for proceedings held before Judge Robert F. Rossiter, Jr. Jury Trial held on 7/17/2018. Evidence by plaintiff. Plaintiff rests. Trial not concluded - continued to July 18, 2018 at 8:30 a.m. in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. No interpreter used during hearing. Courtroom deputy: Marian Lea Frahm; Reporter: Sue DeVetter; Appearance for Plaintiff: Robert J. Gaudet, Jr. and James H. McMenamy; Appearance for Defendant William E. Bitters: Joel E. Feister; Appearance for Defendant 746E007: 746E007, Pro Se; Time Start: 9:05 AM; Time Stop: 4:38 PM; Time in Court: 5 Hours 50 Minutes (MLF)
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| 263 |
Filed: 7/16/2018, Entered: 7/16/2018 |
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TEXT MINUTE ENTRY for proceedings held before Judge Robert F. Rossiter, Jr. Jury Trial held on 7/16/2018. Evidence by plaintiff and defendant. Trial not concluded - continued to July 17, 2018 at 9:00 a.m. in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. No interpreter used during hearing. Courtroom deputy: Marian Lea Frahm; Reporter: Sue DeVetter; Appearance for Plaintiff: Robert J. Gaudet, Jr. and James H. McMenamy; Appearance for Defendant William E. Bitters: Joel E. Feister; Appearance for Defendant 746E007: 746E007, Pro Se; Time Start: 9:04 AM; Time Stop: 4:33 PM; Time in Court: 5 Hours 48 Minutes. (MLF)
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| 262 |
Filed: 7/13/2018, Entered: 7/13/2018 |
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TEXT MINUTE ENTRY for proceedings held before Judge Robert F. Rossiter, Jr. Jury Trial held on 7/13/2018. Evidence by plaintiff. Trial not concluded - continued to July 16, 2018 at 9:00 a.m. in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. No interpreter used during hearing. Courtroom deputy: Marian Lea Frahm; Reporter: Lisa Grimminger; Appearance for Plaintiff: Robert J. Gaudet, Jr. and James H. McMenamy; Appearance for Defendant William E. Bitters: Joel E. Feister; Appearance for Defendant 746E007: 746E007, Pro Se; Time Start: 9:07 AM;Time Stop: 4:29 PM;Time in Court: 5 Hours 17 Minutes (MLF)
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| 261 |
Filed: 7/12/2018, Entered: 7/12/2018 |
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TEXT MINUTE ENTRY for proceedings held before Judge Robert F. Rossiter, Jr. Jury trial held on 7/12/2018. Defendant's oral motion for a mistrial is denied. Evidence by plaintiff and defendant. Trial not concluded - continued to July 13, 2018 at 9:00 a.m. in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. No interpreter used during hearing. Courtroom deputy: Marian Lea Frahm; Reporter: Lisa Grimminger; Appearance for Plaintiff: Robert J. Gaudet, Jr. and James H. McMenamy; Appearance for Defendant William E. Bitters: Joel E. Feister; Appearance for Defendant 746E007: 746E007, Pro Se; Time Start: 8:49 AM;Time Stop: 4:34 PM;Time in Court: 5 Hours 53 Minutes. (MLF) Modified on 7/13/2018 to correct court reporter(MLF).
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| 260 |
Filed: 7/11/2018, Entered: 7/11/2018 |
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|
TEXT MINUTE ENTRY for proceedings held before Judge Robert F. Rossiter, Jr. Jury Trial held on 7/11/2018. Evidence by plaintiff. Trial not concluded - continued to July 12, 2018 at 9:00 a.m. in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. No interpreter used during hearing. Courtroom deputy: Marian Lea Frahm; Reporter: Sue DeVetter; Appearance for Plaintiff: Robert J. Gaudet, Jr. and James H. McMenamy; Appearance for Defendant William E. Bitters: Joel E. Feister; Appearance f or Defendant 746E007: 746E007, Pro Se; Time Start: 9:05 AM; Time Stop: 4:09 PM; Time in Court: 5 Hours and 3 Minutes. (MLF)
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|
|
|
|
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| 259 |
Filed: 7/10/2018, Entered: 7/11/2018 |
|
|
JURY PANEL RECORD. 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). (LKO)
|
|
Request |
|
|
|
| 258 |
Filed: 7/10/2018, Entered: 7/10/2018 |
|
|
TEXT MINUTE ENTRY for proceedings held before Judge Robert F. Rossiter, Jr. Jury Trial began on 7/10/2018. Pretrial Conference held prior to trial on the record. Defendant's oral motion to sequester witnesses is granted. Voir dire held. Jury impaneled. Preliminary Instructions given to jury. Opening statements. Evidence by plaintiff. Trial not concluded - continued to July 11, 2018 at 9:00 a.m. in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. No interpreter used during hearing. Courtroom deputy: Marian Lea Frahm; Reporter: Sue DeVetter; Appearance for Plaintiff: Robert J. Gaudet, Jr. and James H. McMenamy; Appearance for Defendant William E. Bitters: Joel E. Feister; Appearance f or Defendant 746E007: 746E007, Pro Se; Time Start: 8:40 AM; Time Stop: 4:30 PM; Time in Court: 6 Hours and 5 Minutes. (MLF)
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| 257 |
Filed: 7/10/2018, Entered: 7/10/2018 |
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|
ORDER that Plaintiff Estate of Joyce Rosamond Petersen's Motion in Limine (Filing No. 254 ) is granted in part and denied in part. The motion is granted as to paragraphs 3 to 6 of section I and paragraphs 1, 9, and 10 of section II. The motion is granted in part and denied in part as to paragraphs 1, 10, and 14 of section I and paragraphs 3, 4, 6, and 8 of section II. The motion is denied without prejudice as to paragraphs 2, 7 to 9, and 11 to 13 of section I. The motion is denied as to paragraphs 2, 5, and 7 of section II. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
|
|
Request |
|
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| 256 |
Filed: 7/9/2018, Entered: 7/9/2018 |
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|
ORDER that Plaintiff Estate of Joyce Rosamond Petersen's first Motion for Reconsideration (Filing No. 247 ) is denied as untimely. The estate's Statement of Objections (Filing No. 248 ) is overruled. The estate's second Motion for Reconsideration (Filing No. 251 ) is denied. To the extent Filing No. 250 is a separate motion, it is denied. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
|
|
Request |
|
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| 255 |
Filed: 7/9/2018, Entered: 7/9/2018 |
|
|
BRIEF in support of MOTION in Limine FILED BY PLAINTIFF 254 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
|
|
Request |
|
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| 254 |
Filed: 7/9/2018, Entered: 7/9/2018 |
|
|
MOTION in Limine FILED BY PLAINTIFF by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
|
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Request |
|
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| 253 |
Filed: 7/9/2018, Entered: 7/9/2018 |
|
|
BRIEF in opposition to Brief 239 OF DEFENDANT'S MOTION IN LIMINE by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
|
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| 252 |
Filed: 7/9/2018, Entered: 7/9/2018 |
|
|
BRIEF in support of MOTION for Reconsideration regarding Order on Motion in Limine, 249 DUE TO LACK OF OPPORTUNITY FOR PLAINTIFF TO RESPOND TO MOTION IN LIMINE AND MISTAKES OF LAW AND FACT AND FALSE STATEMENT IN MOTION IN LIMINE 251 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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|
Request |
|
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| 251 |
Filed: 7/9/2018, Entered: 7/9/2018 |
|
|
MOTION for Reconsideration regarding Order on Motion in Limine, 249 DUE TO LACK OF OPPORTUNITY FOR PLAINTIFF TO RESPOND TO MOTION IN LIMINE AND MISTAKES OF LAW AND FACT AND FALSE STATEMENT IN MOTION IN LIMINE by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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|
Request |
|
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|
| 250 |
Filed: 7/9/2018, Entered: 7/9/2018 |
|
|
MOTION for Reconsideration regarding Order on Motion in Limine, 249 DUE TO LACK OF OPPORTUNITY FOR PLAINTIFF TO RESPOND TO DEFENDANT'S MOTION IN LIMINE by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
|
|
Request |
|
|
|
| 249 |
Filed: 7/9/2018, Entered: 7/9/2018 |
|
|
ORDER that defendant William E. Bitters's Motion in Limine (Filing No. 238 ) is granted in part and denied in part. The motion is granted as to paragraphs 1 to 8, 14, and 17. The motion is granted in part and denied in part as to paragraphs 9, 11 to 13, and 15. The motion is denied without prejudice as to paragraphs 10, 16, and 18. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
|
|
Request |
|
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|
| 248 |
Filed: 7/7/2018, Entered: 7/7/2018 |
|
|
BRIEF in support of MOTION for Reconsideration OF SUMMARY JUDGMENT AND SUPPLEMENTAL ORDER ON PRETRIAL CONFERENCE 247 AND STATEMENT OF OBJECTIONS TO MAGISTRATE JUDGE'S ORDER DATED JUNE 28, 2018 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
|
|
Request |
|
|
|
| 247 |
Filed: 7/7/2018, Entered: 7/7/2018 |
|
|
MOTION for Reconsideration OF SUMMARY JUDGMENT AND SUPPLEMENTAL ORDER ON PRETRIAL CONFERENCE by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
|
|
Request |
|
|
|
| 246 |
Filed: 7/5/2018, Entered: 7/5/2018 |
|
|
PROPOSED JURY INSTRUCTIONS BY PLAINTIFF by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.. (Gaudet, Robert)
|
|
Request |
|
|
|
| 245 |
Filed: 7/5/2018, Entered: 7/5/2018 |
|
|
PROPOSED JURY INSTRUCTIONS by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.. (Feistner, Joel)
|
|
Request |
|
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| 244 |
Filed: 7/5/2018, Entered: 7/5/2018 |
|
|
NOTICE of Jury Pool Trial Report and Supplemental Questionnaires. Counsel should refrain from reproducing and/or distributing these documents. Counsel is required to permanently delete electronic copies and destroy paper copies of the supplemental questionnaires after voir dire. 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). (CS)
|
|
Request |
|
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| 243 |
Filed: 7/3/2018, Entered: 7/3/2018 |
|
|
SUPPLEMENTAL ORDER ON PRETRIAL CONFERENCE - The Order on Final Pretrial Conference 234 will be amended to reflect the issues which the Court has determined are the issues left for trial - setting forth the elements. Section C of that Order is amended to conform to Local Rules as set out in this order. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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|
Request |
|
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| 242 |
Filed: 7/2/2018, Entered: 7/2/2018 |
|
|
BRIEF in support of PLAINTIFF'S TRIAL BRIEF by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
|
|
Request |
|
|
|
| 241 |
Filed: 7/2/2018, Entered: 7/2/2018 |
|
|
BRIEF Trial Brief by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.(Feistner, Joel)
|
|
Request |
|
|
|
| 240 |
Filed: 7/2/2018, Entered: 7/2/2018 |
|
|
ORDER that the plaintiff Estate of Joyce Rosamond Petersen's objections (Filing No. 229 , 231 and 237 ) are overruled. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
|
|
Request |
|
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|
| 239 |
Filed: 7/2/2018, Entered: 7/2/2018 |
|
|
BRIEF in support of MOTION in Limine 238 by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.(Feistner, Joel)
|
|
Request |
|
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|
| 238 |
Filed: 7/2/2018, Entered: 7/2/2018 |
|
|
MOTION in Limine by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.(Feistner, Joel)
|
|
Request |
|
|
|
| 237 |
Filed: 6/29/2018, Entered: 6/29/2018 |
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OBJECTION TO MAGISTRATE JUDGE'S ORDER DATED JUNE 20, 2018 DENYING MOTION FOR ADVERSE INFERENCES AND SANCTIONS OVER DEFENDANTS FAILURE TO COMPLY WITH ORDER TO COMPEL PRODUCTION AND RESPONSES regarding Order on Motion to Extend, Order on Motion for Attorney Fees 220 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 236 |
Filed: 6/29/2018, Entered: 6/29/2018 |
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ORDER regarding Exhibit List. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Request |
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| 235 |
Filed: 6/29/2018, Entered: 6/29/2018 |
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EXHIBIT LIST for trial (Zwart, Cheryl)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 234 |
Filed: 6/29/2018, Entered: 6/29/2018 |
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PRETRIAL ORDER - estimated length of trial is 4 days; Jury Trial set for 7/10/2018 at 09:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr..Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Request |
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| 233 |
Filed: 6/29/2018, Entered: 6/29/2018 |
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REPLY BRIEF in opposition to OBJECTION TO MAGISTRATE JUDGE'S ORDER DENYING MOTION FOR SANCTIONS AND SECOND DEPOSITION OF 28F5029 DUE TO OBSTRUCTIONS IN DEPOSITION OF 28F5029 regarding Order on Motion for Attorney Fees, Order on Motion to Compel 219 229 by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.(Feistner, Joel)
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Request |
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| 232 |
Filed: 6/29/2018, Entered: 6/29/2018 |
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TEXT NOTICE of Hearing. Jury Trial set for 7/10/2018 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr.(MLF)
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| 231 |
Filed: 6/29/2018, Entered: 6/29/2018 |
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OBJECTION TO MAGISTRATE JUDGE'S ORDER ADDING DEFENSE-FRIENDLY CONTRIBUTIONS TO THE CONTROVERTED ISSUES SECTION OF THE PRETRIAL CONFERENCE ORDER AND REQUIRING OBJECTIONS WITHIN 24 HOURS regarding Memorandum and Order, 228 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 230 |
Filed: 6/29/2018, Entered: 6/29/2018 |
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ORDER: On or before 5:00 p.m. on June 29, 2018, Plaintiff shall:1)File a statement of any objections, if any, to the CV of Defendant's Expert as a trial exhibit; and 2)File a copy of any documentation showing the "set of responses by First National Bank to written deposition questions," and "pictures of the plaintiff Ms. Petersen" added at Plaintiff's request to the trial exhibit list were previously and timely identified and disclosed to Defendants as Plaintiff's trial exhibits as required under Fed. R. Civ. P. 26(a)(3)(A)(iii) and (a)(3)(B). Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Request |
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| 229 |
Filed: 6/28/2018, Entered: 6/28/2018 |
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OBJECTION TO MAGISTRATE JUDGE'S ORDER DENYING MOTION FOR SANCTIONS AND SECOND DEPOSITION OF 28F5029 DUE TO OBSTRUCTIONS IN DEPOSITION OF 28F5029 regarding Order on Motion for Attorney Fees, Order on Motion to Compel 219 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 228 |
Filed: 6/28/2018, Entered: 6/28/2018 |
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MEMORANDUM AND ORDER (Attachments: # 1 Exhibit A: Parties' Proposed Controverted and Unresolved Issues, # 2 Exhibit B: Bitters' Proposed Controverted and Unresolved Issues, # 3 Exhibit C: Court's Draft of Controverted and Unresolved Issues)Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) Modified on 6/28/2018 to reflect copy mailed to pro se party. (JAB)
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Request |
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| 227 |
Filed: 6/27/2018, Entered: 6/27/2018 |
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MEMORANDUM AND ORDER - that Defendant's objection is sustained, and Matthew M. Zarghouni is stricken as a trial witness for Plaintiff. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LKO)
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Request |
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| 226 |
Filed: 6/27/2018, Entered: 6/27/2018 |
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PROPOSED WITNESS LIST OF PLAINTIFF ESTATE OF PETERSEN PURSUANT TO COURT'S TEXT ORDER DATED JUNE 26, 2018 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Gaudet, Robert)
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Request |
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| 225 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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TEXT ORDER: On or before 11:00 a.m. on June 27, 2018, counsel for Plaintiff shall file a copy of the trial witness disclosures Plaintiff served on Defendant Bitters as required under Fed. R. Civ. P. 26(a)(3)(A)(i-ii) and (a)(3)(B). Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| 224 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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AUDIO FILE. Court Date & Time [ 06/26/2018 8:32:50 AM ]. File Size [ 19655 KB ]. Run Time [ 01:21:54 ]. (Pretrial Conference). (auto-docket).
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Request |
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| 223 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Cheryl R. Zwart in Lincoln on 6/26/2018. Pretrial Conference held on the record in courtroom. Appearance for Plaintiff: James McMenamy, retained; For Defendant Bitters: Joel E. Feistner, retained. Pro se Defendant 746E007 is not present. Courtroom Deputy: Jeri A. Bierbower. Reporter: Digital Recorder. Time Start: 8:32 AM - 8:41 AM; Time Stop: 10:13 AM - 11:37 AM; Time in Court: 1 Hour 33 Minutes. (JAB)
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| 222 |
Filed: 6/22/2018, Entered: 6/22/2018 |
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TEXT ORDER: The parties have submitted separate proposed pretrial conference orders. On the court's own motion, the deadline for submitting a jointly prepared proposed pretrial conference order as required under Nebraska Civil Rule 16.2(a)(2), is extended to June 23, 2018 at 12:00 p.m. (noon).Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| 221 |
Filed: 6/22/2018, Entered: 6/22/2018 |
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MEMORANDUM AND ORDER that plaintiff Estate of Joyce Rosamond Petersen's motions for continuance under Fed. R. Civ. P. 56(d)(2) (Filing Nos. 208 and 215 ) are denied. 28F5029. and William E. Bitters's joint Motion to Strike and for Sanctions (Filing No. 195 ) is granted in part and denied in part. All requests for sanctions are denied. 28F5029 Motion for Summary Judgment (Filing No. 182 ) is granted. 28F5029. is dismissed as a party. William E. Bitters's Motion for Summary Judgment (Filing No. 184 ) is granted in part and denied in part. Summary judgment is granted in favor of William E. Bitters on the estate's claims of negligent misrepresentation, breach of contract as to the note, and assumpsit. Summary judgment is denied in all other respects. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Request |
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| 220 |
Filed: 6/20/2018, Entered: 6/20/2018 |
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ORDER denying 215 Motion for adverse inference, sanctions, and to continue trial 215 . Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Request |
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| 219 |
Filed: 6/20/2018, Entered: 6/20/2018 |
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ORDER denying 208 Motion for Attorney Fees ; denying 208 Motion to Compel; deferring Rule 56(d) motion to Judge Rossiter Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Request |
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| 218 |
Filed: 6/15/2018, Entered: 6/15/2018 |
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RESPONSE regarding MOTION to Extend DATE FOR PLAINTIFF TO RESPOND UNDER RULE 56(D) TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT FINAL MOTION for Summary Judgment 182 , Brief, 183 , UNOPPOSED MOTION to Continue Pretrial Conference and Trial MOTION for Attorney Fees AND SANCTIONS AND CONTEMPT AND ADVERSE INFERENCES DUE TO DEFENDANTS BITTERS AND 28F5029 NON-COMPLIANCE WITH COURT'S FEBRUARY 2018 ORDER TO COMPEL MOTION to Continue BY 90 DAYS THE DATE FOR TRIAL, PRETRIAL CONFERENCE, PRETRIAL ORDER 215 by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029. (Attachments: # 1 Exhibit Exhibit A)(Zarghouni, Matthew)
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Request |
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| 217 |
Filed: 6/8/2018, Entered: 6/8/2018 |
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ORDER - Defendants' motions, (Filing Nos. 212 and 214 ), and insofar as they request a continuance of the pretrial conference and trial schedule, Plaintiff's motions, (Filing Nos. 208 and 215 ), are granted in part as follows: The jury trial of this case is continued and will commence before Robert F. Rossiter, Jr., in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00a.m. on July 9, 2018, or as soon thereafter as the case may be called, for a duration of five (5) trial days. Jury selection will be held at the commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on June 26, 2018 at 8:30 a.m., and will be conducted in Courtroom 2, United States Courthouse,Lincoln, Nebraska. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format,by 5:00 p.m. on June 22, 2018. The failure to participate in preparing the proposed pretrial conference memorandum may result in excluding the non-complying party's witnesses and exhibits at trial. Defendants' response to Plaintiff's motion, (Filing No. 215 ) shall be filed by 12:00 p.m. (noon) on June 18, 2018. No reply is permitted absent a substantial showing of good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Request |
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| 216 |
Filed: 6/5/2018, Entered: 6/5/2018 |
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BRIEF in support of MOTION to Extend DATE FOR PLAINTIFF TO RESPOND UNDER RULE 56(D) TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT FINAL MOTION for Summary Judgment 182 , Brief, 183 , UNOPPOSED MOTION to Continue Pretrial Conference and Trial MOTION for Attorney Fees AND SANCTIONS AND CONTEMPT AND ADVERSE INFERENCES DUE TO DEFENDANTS BITTERS AND 28F5029 NON-COMPLIANCE WITH COURT'S FEBRUARY 2018 ORDER TO COMPEL MOTION to Continue BY 90 DAYS THE DATE FOR TRIAL, PRETRIAL CONFERENCE, PRETRIAL ORDER 215 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit DECLARATION OF HAMILTON MCMENAMY, # 2 Affidavit DECLARATION OF ROBERT J. GAUDET, JR.)(Gaudet, Robert)
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Request |
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| 215 |
Filed: 6/5/2018, Entered: 6/5/2018 |
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MOTION to Extend DATE FOR PLAINTIFF TO RESPOND UNDER RULE 56(D) TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT FINAL MOTION for Summary Judgment 182 , Brief, 183 , UNOPPOSED MOTION to Continue Pretrial Conference and Trial Setting. 212 , MOTION to Amend UNOPPOSED MOTION to Continue Pretrial Conference and Trial Setting. 212 to Opposed Motion to Continue Pretrial Conference and Trial Setting. 214 , Brief, 185 , FINAL MOTION for Summary Judgment 184 , MOTION for Attorney Fees AND SANCTIONS AND CONTEMPT AND ADVERSE INFERENCES DUE TO DEFENDANTS BITTERS AND 28F5029 NON-COMPLIANCE WITH COURT'S FEBRUARY 2018 ORDER TO COMPEL, MOTION to Continue BY 90 DAYS THE DATE FOR TRIAL, PRETRIAL CONFERENCE, PRETRIAL ORDER by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 214 |
Filed: 6/5/2018, Entered: 6/5/2018 |
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MOTION to Amend UNOPPOSED MOTION to Continue Pretrial Conference and Trial Setting. 212 to Opposed Motion to Continue Pretrial Conference and Trial Setting. by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029. (Attachments: # 1 Exhibit Declaration of Zarghouni)(Zarghouni, Matthew)
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Request |
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| 213 |
Filed: 6/5/2018, Entered: 6/5/2018 |
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SUPPLEMENT regarding MOTION to Strike Response, 194 , Response, 193 and evidence provided in support 195 by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029. (Attachments: # 1 Exhibit Certified Deposition Transcript of Erik Petersen)(Zarghouni, Matthew)
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Request |
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| 212 |
Filed: 6/5/2018, Entered: 6/5/2018 |
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UNOPPOSED MOTION to Continue Pretrial Conference and Trial Setting. by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029. (Attachments: # 1 Exhibit Declaration of Zarghouni)(Zarghouni, Matthew)
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Request |
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| 211 |
Filed: 5/31/2018, Entered: 5/31/2018 |
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RESPONSE regarding MOTION to Continue Date of Trial and, Pursuant to Rule 56(d), for Opportunity to File Supplemental Responses to Defendants' Motions for Summary Judgment MOTION for Attorney Fees and Costs to be Paid Jointly By 28F5029 and Counsel Matthew Zarghouni for Obstructing Deposition of 28F5029 MOTION to Compel Second Deposition of Defendant 28F5029 MOTION to Extend Date For Commencement of Trial 208 by Attorney Matthew M. Zarghouni on behalf of Defendant 28F5029. (Attachments: # 1 Exhibit Deposition Transcript of 28F5029, # 2 Exhibit Deposition Transcript of Eric Petersen)(Zarghouni, Matthew)
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Request |
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| 210 |
Filed: 5/25/2018, Entered: 5/25/2018 |
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TEXT ORDER: The deadline for Defendants to respond to Plaintiff's motions at Filing No. 208 is June 4, 2018. No reply shall be permitted absent leave of the court for good cause shown. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed/e-mailed to pro se party)(JLK)
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| 209 |
Filed: 5/24/2018, Entered: 5/24/2018 |
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BRIEF in support of MOTION to Continue Date of Trial and, Pursuant to Rule 56(d), for Opportunity to File Supplemental Responses to Defendants' Motions for Summary Judgment MOTION for Attorney Fees and Costs to be Paid Jointly By 28F5029 and Counsel Matthew Zarghouni for Obstructing Deposition of 28F5029 MOTION to Compel Second Deposition of Defendant 28F5029 MOTION to Extend Date For Commencement of Trial 208 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit)(Gaudet, Robert)
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Request |
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| 208 |
Filed: 5/24/2018, Entered: 5/24/2018 |
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MOTION to Continue Date of Trial and, Pursuant to Rule 56(d), for Opportunity to File Supplemental Responses to Defendants' Motions for Summary Judgment, MOTION for Attorney Fees and Costs to be Paid Jointly By 28F5029 and Counsel Matthew Zarghouni for Obstructing Deposition of 28F5029, MOTION to Compel Second Deposition of Defendant 28F5029, MOTION to Extend Date For Commencement of Trial by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 207 |
Filed: 5/8/2018, Entered: 5/8/2018 |
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REPLY regarding Response, 201 by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029.(Zarghouni, Matthew)
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Request |
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| 206 |
Filed: 5/8/2018, Entered: 5/8/2018 |
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ORDER denying 204 Motion to Stay. Ordered by Magistrate Judge Cheryl R. Zwart. (copies mailed as ordered by JAB)(Zwart, Cheryl) (Additional attachment(s) added on 5/9/2018: # 1 Exhibit Mailing receipt) (Zwart, Cheryl).
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Request |
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| 205 |
Filed: 5/8/2018, Entered: 5/8/2018 |
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REPLY regarding MOTION to Strike Response, 194 , Response, 193 and evidence provided in support 195 by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029. (Attachments: # 1 Ex. A)(Zarghouni, Matthew)
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Request |
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| 204 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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MOTION to Stay on behalf of Defendant 746E007. (LKO)
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Request |
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| 203 |
Filed: 5/3/2018, Entered: 5/3/2018 |
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MEMORANDUM AND ORDER that the Estate of Joyce Rosamond Petersen's Statement of Objections to Magistrate Judge's Order Dated March 14, 2018 (Filing No. 189 ) is overruled. The Estate of Joyce Rosamond Petersen's Statement of Objections to Magistrate Judges Order Dated March 23, 2018 (Filing No. 190 ) is overruled. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Request |
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| 202 |
Filed: 5/1/2018, Entered: 5/2/2018 |
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RESPONSE regarding MOTION to Strike Response, 194 , Response, 193 and evidence provided in support 195 , Brief, 196 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit, # 2 Affidavit)(Gaudet, Robert)
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Request |
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| 201 |
Filed: 5/1/2018, Entered: 5/1/2018 |
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RESPONSE regarding Reply 197 , Reply 198 PLAINTIFF'S RESPONSE TO BITTERS AND 28F5029 MOTION FOR LEAVE TO INCORPORATE ADDITIONAL EVIDENCE by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit)(Gaudet, Robert)
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Request |
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| 199 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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RESPONSE regarding OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion to Extend 188 190 by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029.(Zarghouni, Matthew)
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Request |
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| 198 |
Filed: 4/17/2018, Entered: 4/17/2018 |
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REPLY regarding FINAL MOTION for Summary Judgment 182 by Attorney Matthew M. Zarghouni on behalf of Defendant 28F5029.(Zarghouni, Matthew)
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Request |
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| 197 |
Filed: 4/17/2018, Entered: 4/17/2018 |
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REPLY regarding FINAL MOTION for Summary Judgment 184 by Attorney Matthew M. Zarghouni on behalf of Defendant William E. Bitters.(Zarghouni, Matthew)
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Request |
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| 196 |
Filed: 4/17/2018, Entered: 4/17/2018 |
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BRIEF in support of MOTION to Strike Response, 194 , Response, 193 and evidence provided in support 195 by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029. (Attachments: # 1 Exhibit)(Zarghouni, Matthew)
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Request |
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| 195 |
Filed: 4/17/2018, Entered: 4/17/2018 |
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MOTION to Strike Response, 194 , Response, 193 and evidence provided in support by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029.(Zarghouni, Matthew)
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Request |
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| 200 |
Filed: 4/16/2018, Entered: 4/24/2018 |
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TEXT MINUTE ENTRY for proceedings held before Judge Robert F. Rossiter, Jr. Telephone Conference held on 4/16/2018. Counsel request judge's ruling on objections during deposition. Judge Rossiter instructed counsel to contact Magistrate Judge Zwart, who is designated to handle discovery issues. Attorney for Plaintiff: Robert Gaudet and J. Hamilton McMenamy (telephone); Attorney for Defendant: Matthew Zarghouni (telephone); Court Reporter: Sue DeVetter; Time Start: 1:50 PM; Time Stop: 1:59 PM; Time in Court: 9 Minutes. (MLF)
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| 194 |
Filed: 4/10/2018, Entered: 4/10/2018 |
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RESPONSE regarding FINAL MOTION for Summary Judgment 182 , Brief, 183 PLAINTIFF'S RESPONSE TO 28F5029 MOTION FOR SUMMARY JUDGMENT AND BRIEF by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit)(Gaudet, Robert)
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Request |
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| 193 |
Filed: 4/10/2018, Entered: 4/10/2018 |
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RESPONSE regarding FINAL MOTION for Summary Judgment 184 Response to Bitters' Motion for Summary Judgment and Brief by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit)(Gaudet, Robert)
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Request |
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| 192 |
Filed: 4/10/2018, Entered: 4/10/2018 |
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RESPONSE regarding OBJECTION TO MAGISTRATE JUDGE'S ORDER by Plaintiff regarding Order on Motion for Protective Order,, Order on Motion to Quash,, Order on Motion to Extend,, Order on Motion to Amend,, Order on Motion for Attorney Fees,,, 181 189 by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029.(Zarghouni, Matthew)
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Request |
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| 191 |
Filed: 4/9/2018, Entered: 4/9/2018 |
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DISCLOSURE of Defendants' Expert Report by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029.(Zarghouni, Matthew)
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Request |
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| 190 |
Filed: 4/6/2018, Entered: 4/6/2018 |
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OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion to Extend 188 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit Declaration of J. Hamilton McMenamy, # 2 Affidavit Declaration of Robert J. Gaudet, Jr.)(Gaudet, Robert)
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Request |
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| 189 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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OBJECTION TO MAGISTRATE JUDGE'S ORDER by Plaintiff regarding Order on Motion for Protective Order,, Order on Motion to Quash,, Order on Motion to Extend,, Order on Motion to Amend,, Order on Motion for Attorney Fees,,, 181 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Declaration of Robert J. Gaudet, Jr.)(Gaudet, Robert)
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Request |
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| 188 |
Filed: 3/23/2018, Entered: 3/23/2018 |
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ORDER denying 186 Motion to Extend. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (copy mailed to pro se Defendant 746E007).
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Request |
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| 187 |
Filed: 3/22/2018, Entered: 3/22/2018 |
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RESPONSE regarding MOTION to Extend Deadline to File Motion for Summary Judgment and Take Depositions and Issue Subpoenas to 746E007 Relatives 186 by Attorney Matthew M. Zarghouni on behalf of Defendant William E. Bitters.(Zarghouni, Matthew)
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Request |
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| 186 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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MOTION to Extend Deadline to File Motion for Summary Judgment and Take Depositions and Issue Subpoenas to 746E007 Relatives by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit)(Gaudet, Robert)
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Request |
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| 185 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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BRIEF in support of FINAL MOTION for Summary Judgment 184 by Attorney Matthew M. Zarghouni on behalf of Defendant William E. Bitters. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Zarghouni, Matthew)
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Request |
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| 184 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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FINAL MOTION for Summary Judgment by Attorney Matthew M. Zarghouni on behalf of Defendant William E. Bitters.(Zarghouni, Matthew)
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Request |
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| 183 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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BRIEF in support of FINAL MOTION for Summary Judgment 182 by Attorney Matthew M. Zarghouni on behalf of Defendant 28F5029. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Zarghouni, Matthew)
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Request |
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| 182 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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FINAL MOTION for Summary Judgment by Attorney Matthew M. Zarghouni on behalf of Defendant 28F5029.(Zarghouni, Matthew)
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Request |
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| 181 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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MEMORANDUM AND ORDER - Defendant 746E007 Motion for Protective Order, (Filing No. 162 ), is denied. Defendant 746E007 Motion to Quash, (Filing No. 164 ), is denied as moot. Plaintiff's Motion, (Filing No. 166 ), is granted in part and denied in part. Defendant 746E007 Motion for Additional Time to Respond to Plaintiff's Motion, (Filing No. 174 ), is denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Request |
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| 180 |
Filed: 3/13/2018, Entered: 3/13/2018 |
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TRANSCRIPT (UNREDACTED) of Proceedings before Magistrate Judge Cheryl R. Zwart held on November 6, 2017. Total Number of Billable Pages: 112. Total Number of Pages: 112. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the courts public terminal or purchased through Transcriber Rogene S. Schroder at (402) 661-7383 or roschrod79@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 4/3/2018. Redacted Transcript Deadline set for 4/13/2018. Release of Transcript Restriction set for 6/11/2018. (RSS) Modified on 6/12/2018 to release transcript restrict (LKO).
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Request |
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| 179 |
Filed: 3/12/2018, Entered: 3/12/2018 |
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TEXT NOTICE OF DEFICIENCY by Deputy Clerk that the Response 178 has been filed and is considered deficient because the document is not signed. The defendant, 746E007 shall correct the deficiency within 15 days of the date of this entry or the pleading may be stricken from the record of this case. See NECivR 11.1. (LKO)
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| 178 |
Filed: 3/12/2018, Entered: 3/12/2018 |
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RESPONSE to Counter Motion regarding Response 167 and Motion 164 on behalf of Defendant 746E007. (LKO) (Additional attachment(s) added on 3/14/2018: # 1 Submission From Sender Complete document) (LKO).
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Request |
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| 177 |
Filed: 2/27/2018, Entered: 2/27/2018 |
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REPLY regarding MOTION to Extend Deadlines in Progression Order MOTION to Amend First Amended Complaint and File Second Amended Complaint MOTION for Attorney Fees as Sanctions From 746E007 166 , Response, 171 In Reply to Response of Defendants Bitters and 28F5029 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Declaration of J. Hamilton McMenamy)(Gaudet, Robert)
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Request |
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| 176 |
Filed: 2/27/2018, Entered: 2/27/2018 |
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TEXT ORDER granting 161 Motion to Extend. Defendants' expert disclosure deadline is extended to April 9, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| 175 |
Filed: 2/27/2018, Entered: 2/27/2018 |
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RESPONSE To Defendant 746E007 Request for An Extension of Time to File An Answer to Filing by Attorney James H. McMenamy on behalf of Plaintiff Joyce Rosamond Petersen.(McMenamy, James)
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Request |
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| 174 |
Filed: 2/23/2018, Entered: 2/23/2018 |
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DEFENDANT 746E007 MOTION FOR AN EXTENTION OF TIME TO FILE AN ANSWER TO FILING 166 on behalf of Defendant 746E007. (LKO)
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Request |
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| 171 |
Filed: 2/20/2018, Entered: 2/20/2018 |
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RESPONSE regarding MOTION to Extend Deadlines in Progression Order MOTION to Amend First Amended Complaint and File Second Amended Complaint MOTION for Attorney Fees as Sanctions From 746E007 166 Objections and Response by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Zarghouni, Matthew)
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Request |
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| 170 |
Filed: 2/20/2018, Entered: 2/20/2018 |
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*EXPEDITED* LETTER BY CLERK that a transcript request was sent to Rogene Schroder for transcription regarding Discovery Conference 132 . Transcript ordered by Attorney James H. McMenamy. 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). (KLF)
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Request |
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| 169 |
Filed: 2/19/2018, Entered: 2/19/2018 |
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REQUEST FOR TRANSCRIPT for proceedings held on 11/06/2017 before Magistrate Judge Cheryl R. Zwart Hearing concerning Discovery regarding Minutes, Filing 132 In Court Hearing,, by Attorney James H. McMenamy on behalf of Plaintiff Joyce Rosamond Petersen.(McMenamy, James)
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Request |
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| 168 |
Filed: 2/14/2018, Entered: 2/14/2018 |
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RESPONSE regarding Order, Set/Reset Motion and R&R Deadlines/Hearings, Set/Reset All Deadlines 165 , MOTION for Protective Order 162 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit, # 2 Affidavit)(Gaudet, Robert)
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Request |
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| 167 |
Filed: 2/14/2018, Entered: 2/14/2018 |
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RESPONSE regarding MOTION to Quash 164 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit, # 2 Affidavit)(Gaudet, Robert)
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Request |
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| 166 |
Filed: 2/11/2018, Entered: 2/11/2018 |
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MOTION to Extend Deadlines in Progression Order, MOTION to Amend First Amended Complaint and File Second Amended Complaint, MOTION for Attorney Fees as Sanctions From 746E007 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit Declaration of Charles Casey, # 2 Affidavit Declaration of J. Hamilton McMenamy, # 3 Exhibit Exhibits O to Z to Declaration of J. Hamilton McMenamy)(Gaudet, Robert)
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Request |
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| 165 |
Filed: 2/9/2018, Entered: 2/9/2018 |
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ORDER - that Plaintiff's counsel shall respond to Defendant 746E007 motions (Filing Nos. 162 and 164 ), on or before February 14, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LKO)
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Request |
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| 164 |
Filed: 2/8/2018, Entered: 2/9/2018 |
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MOTION to Quash Subpoena in regards to Duces Tecum to JSJ Manufacturing Inc. on behalf of Defendant 746E007. (LKO)
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Request |
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| 163 |
Filed: 2/8/2018, Entered: 2/9/2018 |
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RESPONSE IN OPPOSITION TO MOTION TO EXTEND DISCOVERY AND ADD PARTIES 161 on behalf of Defendant 746E007. (LKO)
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Request |
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| 162 |
Filed: 2/8/2018, Entered: 2/9/2018 |
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MOTION for Protective Order on behalf of Defendant 746E007. (LKO)
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Request |
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| 161 |
Filed: 2/6/2018, Entered: 2/6/2018 |
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MOTION to Extend EXTEND TIME FOR EXPERT DISCLOSURE DEADLINE by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029.(Zarghouni, Matthew)
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Request |
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| 160 |
Filed: 2/5/2018, Entered: 2/5/2018 |
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ORDER that the court's rulings on the parties' discovery disputes are stated in the attached. All responses or supplemental responses ordered shall be served on or before March 2, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LAC)
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Request |
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| 173 |
Filed: 1/25/2018, Entered: 2/22/2018 |
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AUDIO FILE (48.7 MB) regarding Discovery Dispute Conference (part 2 of 2) 159 held on 1/25/2018 at 4:52 p.m. before Magistrate Judge Cheryl R. Zwart. (JAB)
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Request |
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| 172 |
Filed: 1/25/2018, Entered: 2/22/2018 |
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AUDIO FILE (12.9 MB) regarding Discovery Dispute Conference (part 1 of 2) 159 held on 1/25/2018 at 1:06 p.m. before Magistrate Judge Cheryl R. Zwart. (JAB)
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Request |
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| 159 |
Filed: 1/25/2018, Entered: 1/26/2018 |
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TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Cheryl R. Zwart in Lincoln on 1/25/2018. Hearing held regarding discover disputes. Findings stated on the record. Order forthcoming. Appearance for Plaintiff: James Hamilton McMenamy and Robert J. Gaudet, Jr., retained; For Defendants 28F5029 and Bitters: Matthew M. Zarghouni, retained. Pro se defendant 746E007 was not present. Courtroom Deputy: Jeri A. Bierbower. Reporter: Digital Recorder. Time Start: 1:06 - 2:00 PM; Time Stop: 4:52 - 9:00 PM; Time in Court: 5 Hours 2 Minutes. (JAB)
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| 158 |
Filed: 1/23/2018, Entered: 1/23/2018 |
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TEXT ORDER: The hearing set for January 25, 2018 at 1:00 p.m. will be held on the record before Magistrate Judge Cheryl R. Zwart in Courtroom 2, United States Courthouse, 100 Centennial Mall North, Lincoln, NE 68508. Counsel shall appear in person. Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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| 157 |
Filed: 1/16/2018, Entered: 1/16/2018 |
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ORDER denying 746E007 Motion to Reconsider 152 . Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Request |
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| 156 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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DEFENDANT 746E007 FIRST SET OF INTERROGATORIES TO PLAINTIFF PETERSON on behalf of Defendant 746E007. (LAC)
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Request |
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| 155 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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DEFENDANT 746E007 FIRST SET OF REQUESTS FOR PRODUCTION TO PLAINTIFF PETERSON on behalf of Defendant 746E007. (LAC)
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Request |
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| 154 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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DEFENDANT 746E007 REQUESTS FOR ADMISSIONS FROM PLAINTIFF PETERSON on behalf of Defendant 746E007. (LAC)
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Request |
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| 153 |
Filed: 1/8/2018, Entered: 1/8/2018 |
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DISCLOSURE of Expert Witness by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029, United Financial Services. (Attachments: # 1 Exhibit)(Zarghouni, Matthew)
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Request |
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| 152 |
Filed: 1/8/2018, Entered: 1/8/2018 |
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OBJECTION to Order 149 on behalf of Defendant 746E007. (LAC)
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Request |
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| 151 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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ORDER that 746E007 objections (Filing Nos. 139 and 150 ) to the Magistrate's Order (Filing No. 138 ) and the Transcript Order (Filing No. 142 ) are overruled. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Request |
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| 150 |
Filed: 1/2/2018, Entered: 1/2/2018 |
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RESPONSE regarding Order to Show Cause 148 on behalf of Defendant 746E007. (ADB)
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Request |
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| 149 |
Filed: 1/2/2018, Entered: 1/2/2018 |
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ORDER that 746E007 Objection to Magistrate Judge's Order 139 is overruled. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Request |
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| 148 |
Filed: 12/19/2017, Entered: 12/19/2017 |
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ORDER TO SHOW CAUSE - 746E007 shall have until December 29, 2017, to show cause why his Objection should not be dismissed for failure to follow NECivR 72.(a). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Request |
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| 147 |
Filed: 12/18/2017, Entered: 12/18/2017 |
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ORDER granting 145 & 146 Motions to Continue The chambers discovery conference previously scheduled for December 21, 2017 will be held on January 25, 2018 at 1:00 PM before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Request |
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| 146 |
Filed: 12/18/2017, Entered: 12/18/2017 |
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JOINT MOTION to Continue Discovery Report by Attorney James H. McMenamy on behalf of Plaintiff Joyce Rosamond Petersen.(McMenamy, James)
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Request |
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| 145 |
Filed: 12/12/2017, Entered: 12/12/2017 |
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UNOPPOSED MOTION to Continue Discovery Hearing by Attorney James H. McMenamy on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Text of Proposed Order continuance)(McMenamy, James)
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Request |
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| 144 |
Filed: 12/6/2017, Entered: 12/6/2017 |
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TEXT ORDER granting 143 Motion to Extend The deadline for the defendant(s) to identify expert witnesses expected to testify at the trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)) is January 8, 2018. The deadlines for complete expert disclosures for all experts expected to testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are for the plaintiff(s) January 8, 2018, and for the defendant(s) February 9, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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Request |
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| 143 |
Filed: 12/6/2017, Entered: 12/6/2017 |
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UNOPPOSED MOTION to Extend Expert Deadlines by Attorney James H. McMenamy(JLK)
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Request |
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| 142 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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ORDER regarding request for transcript 139 . To obtain a transcript, 746E007 must pre-pay to the Clerk the amount of $361.35 to have the transcript prepared within 30 days, or $420.75 if Mr. 746E007 would like it prepared within 14 days. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
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Request |
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| 141 |
Filed: 12/1/2017, Entered: 12/1/2017 |
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TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Copy of IFP Memo[ 140] is stricken for the following reason(s): Filed in case in error. Ordered by Judge Robert F. Rossiter, Jr.. (LAC)
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Request |
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| 140 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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STRICKEN - COPY OF IFP MEMO prepared by Deputy Clerk and sent to District Judge Robert F. Rossiter, Jr. regarding Interlocutory Appeal 139 as to Defendant 746E007. (LAC) Modified on 12/1/2017 to add stricken per order 141 (LAC).
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Request |
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| |
Filed: 11/30/2017, Entered: 11/30/2017 |
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PART 2 of 2 - REQUEST FOR TRANSCRIPT for proceedings held on 11/6/17 before Magistrate Judge Cheryl R. Zwart regarding Minutes, Filing 132 In Court Hearing. (LAC)
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| 139 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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PART 1 of 2 - Objection to Magistrate Judge's Order regarding Order 138 filed by defendant 746E007. (LAC) Modified on 12/1/2017 to correct event code (LAC).
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Request |
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| 138 |
Filed: 11/16/2017, Entered: 11/16/2017 |
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ORDER - Defendant 746E007 statements at the November 6, 2017 conference shall be deemed as amended responses to Plaintiff's discovery requests. On or before December 4, 2017, Defendant 746E007 shall produce: a. a complete response to Plaintiff's Request for Production No. 6 ("W-2 forms from 2007 to the present"); b. the statements and documents he was able to obtain from his bank, including but not limited to First National Bank of Omaha, and Wells Fargo Bank; c. a complete response to Plaintiff's Request For Production No. 24 (any utility or financial account statement showing your current business address as well as your business address as of February 8, 2008), including retrieving documents from his accountant as may be necessary; and d. a complete response to Plaintiff's Request For Production No. 31 ("the phone number, contact information, address, and name" of Defendant 746E007 wife, son, brother, and any other witness). Plaintiff may file a motion to compel regarding Plaintiff's Request For Production No. 9. Defendant 746E007 shall keep the Court and parties promptly apprised of his address and any address changes for the duration of this litigation. The Clerk's office shall mail a copy of this order to pro se defendant 746E007 at the address of record. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (KLF)
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Request |
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| 324 |
Filed: 11/15/2017, Entered: 1/22/2019 |
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AUDIO FILE (13.2 MB) regarding Telephone Conference held on 11/15/2017 at 3:30 p.m. before Magistrate Judge Cheryl R. Zwart. (JAB)
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Request |
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| 137 |
Filed: 11/15/2017, Entered: 11/15/2017 |
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TEXT ORDER: After conferring with counsel:A discovery conference to discuss all unresolved written discovery issues will be held before the undersigned magistrate judge, in chambers, on December 21, 2017, beginning at 9:00 a.m. The parties' jointly prepared summary of their unresolved discovery disputes shall be emailed to zwart@ned.uscourts.gov by 5:00 p.m. on December 18, 2017.The written discovery deadline is extended to January 16, 2018.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 136 |
Filed: 11/15/2017, Entered: 11/15/2017 |
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NOTICE of Plaintiff's Summary of Discovery Contentions with Bitters and 28F5029 by Attorney James H. McMenamy on behalf of Plaintiff Joyce Rosamond Petersen (McMenamy, James)
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Request |
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| 135 |
Filed: 11/14/2017, Entered: 11/14/2017 |
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TEXT ORDER granting 134 Oral Motion - A telephonic conference to discuss ongoing discovery disputes is set for 11/15/2017 at 03:30 PM before Magistrate Judge Cheryl R. Zwart. Counsel shall email a brief summary, no longer than 3 succinct paragraphs, describing the dispute to chambers by noon on November 15, 2017. Counsel shall use the conferencing instructions assigned to this case (see filing no. 125 ) to participate in the call. Ordered by Magistrate Judge Cheryl R. Zwart. (TLSS)
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Request |
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| 134 |
Filed: 11/14/2017, Entered: 11/14/2017 |
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TEXT ORAL MOTION - Motion for Telephone Conference by Attorney James H. McMenamy on behalf of Plaintiff Joyce Rosamond Petersen. (TLSS)
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Request |
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| 133 |
Filed: 11/6/2017, Entered: 11/6/2017 |
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AUDIO FILE. Court Date & Time [ 11/6/2017 10:05:06 AM ]. File Size [ 30093 KB ]. Run Time [ 02:05:23 ]. (In Court Hearing). (auto-docket).
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Request |
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| 132 |
Filed: 11/6/2017, Entered: 11/6/2017 |
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TEXT MINUTE ENTRY for Discovery Conference held before Magistrate Judge Cheryl R. Zwart in Omaha on 11/06/2017. Discussion regarding discovery. Findings stated on the record. Counsel to submit a proposed order to the court. Order forthcoming. Appearance for Plaintiff by phone: James H. McMenamy and Robert J. Gaudet, Jr., retained. Defendant 746E007 appears in person, pro se. Courtroom Deputy: Mary Beth McFarland. Reporter: Digital Recorder. Time Start: 10:05 AM. Time Stop: 12:10 PM. Time in Court: 2 Hours, 5 Minutes. (MBM)
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Request |
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| 131 |
Filed: 10/30/2017, Entered: 10/30/2017 |
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Fax Returned as Undeliverable addressed to 746E007 at (402) 537-3050 regarding Amended Order 130 . (JAB)
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Request |
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| 130 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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AMENDED ORDER SETTING HEARING: Hearing set for 11/6/2017 10:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Cheryl R. Zwart. 746E007 shall appear in person at the hearing. Counsel for Plaintiff and for Defendants Bitters and 28F5029 may appear by telephone using the conferencing information (see filing 125 assigned to this case.Ordered by Magistrate Judge Cheryl R. Zwart.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Request |
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| 129 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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ORDER SETTING HEARING: Hearing set for 11/6/2017 10:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Cheryl R. Zwart. 746E007 shall appear in person at the hearing. Counsel for Defendants Bitters and 28F5029 may appear by telephone using the conferencing information (see filing 125 assigned to this case.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Request |
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| 128 |
Filed: 10/24/2017, Entered: 10/24/2017 |
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ORDER that the final progression order (Filing No. 127 ) is amended as follows: Depositions due February 9, 2018. Jury Trial set for 6/25/2018 at 09:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr.. Pretrial Conference set for 6/12/2018 at 01:00 PM Internet/Telephonic Conferencing before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Request |
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| 127 |
Filed: 2/10/2017, Entered: 2/10/2017 |
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FINAL PROGRESSION ORDER - The jury trial of this case is set to commence before Robert R. Rossiter, Jr., United States District Judge in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on March 19, 2018, or as soon thereafter as the case may be called, for a duration of five (5) trial days. This case is subject to the prior trial of criminal cases and such other civil cases as may be scheduled for trial before this one. Jury selection will be held at the commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on March 6, 2018 at 10:00 a.m., and will be conducted by internet/telephonic conferencing. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (See Filing No. 125 ). The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on March 2, 2018. A status conference to discuss the status of case progression and potential settlement will be held with the undersigned magistrate judge on October 24, 2017 at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (See Filing No. 125 ). The deposition deadline is November 30, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Request |
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| 126 |
Filed: 2/3/2017, Entered: 2/3/2017 |
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REPORT of Rule 26(f) Planning Meeting by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 125 |
Filed: 1/24/2017, Entered: 1/24/2017 |
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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 Cheryl R. Zwart. (ADB)
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Request |
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| 124 |
Filed: 1/24/2017, Entered: 1/24/2017 |
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ORDER SETTING HEARING: Parties have advised the court that a planning conference is needed to complete the Rule 26(f) Report. Accordingly, a Planning Conference is set for 2/3/2017 at 01:30 PM before Magistrate Judge Cheryl R. Zwart. Parties shall participate in this conference using the conferencing instructions filed for this case. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Request |
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| 123 |
Filed: 12/19/2016, Entered: 12/19/2016 |
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ORDER - The parties shall review the undersigned magistrate judge's practices posted at Civil Case Management Practices. Counsel for the parties and pro se defendant shall confer and, on or before January 23, 2017, they shall jointly file a Form 35 (Rule 26 (f)) Report, a copy of which can be found at http://www.ned.uscourts.gov/forms in Word and WordPerfect format. If one or more of the parties believes a planning conference is needed to complete the Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the Rule 26(f) Report, on or before January 16, 2017 a party shall contact my chambers at (402) 437-1670, or by email addressed to zwart@ned.uscourts.gov, to arrange a conference call. Mandatory disclosures shall be served by January 23, 2017. The Clerk's office shall mail a copy of this order to the pro se defendant at the address of record. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(GJG)
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Request |
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| 122 |
Filed: 11/2/2016, Entered: 11/2/2016 |
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ANSWER to Amended Complaint 99 by William E. Bitters, 28F5029, United Financial Services (Zarghouni, Matthew)
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Request |
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| 121 |
Filed: 10/19/2016, Entered: 10/19/2016 |
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MEMORANDUM AND ORDER that Defendant William E. Bitters's Amended Motion to Dismiss (Filing No. 104 ) is GRANTED with respect to the Estate's NUDTPA, NCPA, and RICO claims and DENIED in all other respects. Defendant 28F5029 Amended Motion to Dismiss (Filing No. 106 ) is GRANTED with respect to the Estate's NUDTPA, NCPA, and RICO claims and DENIED in all other respects. Defendant 746E007 Motion to Dismiss the plaintiff's breach-of-contract claim (Filing No. 112 ) is DENIED. The Estate's claims for violations of the NUDTPA, NCPA, and RICO are dismissed, without prejudice. Defendant 746E007 Motion for Cease and Desist Order (Filing No. 111 ) and Motion to Surpress [sic] and Request for Sanctions (Filing No. 120 ) are DENIED. Defendants Bitters and 28F5029 shall file an answer or otherwise plead within fourteen (14) days of the date of this order. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
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Request |
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| 120 |
Filed: 10/5/2016, Entered: 10/5/2016 |
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MOTION TO SUPRESS AND REQUEST FOR SANCTIONS filed by Defendant 746E007. (GJG)
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Request |
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| 119 |
Filed: 10/3/2016, Entered: 10/3/2016 |
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BRIEF in opposition to MOTION to Dismiss 112 of Defendant 746E007 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 118 |
Filed: 9/28/2016, Entered: 9/28/2016 |
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REASSIGNMENT ORDER - This case is reassigned to Magistrate Judge Cheryl R. Zwart for judicial supervision and processing and remains assigned to the undersigned for disposition. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)(GJG)
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Request |
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| 117 |
Filed: 9/28/2016, Entered: 9/28/2016 |
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ORDER - 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 complaint, the parties, and the current disputes 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 Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
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Request |
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| 116 |
Filed: 9/26/2016, Entered: 9/26/2016 |
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BRIEF in opposition to MOTION Cease and Desist 111 filed by Defendant 746E007 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit of James P. Malone, # 2 Affidavit of Robert J. Gaudet, Jr. In Support of Motion)(Gaudet, Robert)
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Request |
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| 115 |
Filed: 9/22/2016, Entered: 9/22/2016 |
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SUMMONS Returned Executed upon 746E007 defendant Joyce Rosamond Petersen on 3/18/2015. (McMenamy, James)
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Request |
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| 114 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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BRIEF in opposition to Brief 105 , AMENDED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 104 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen.(Gaudet, Robert)
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Request |
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| 113 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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BRIEF in opposition to AMENDED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 106 , Brief 107 by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit of Gaudet in Support of Brief)(Gaudet, Robert)
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Request |
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| 112 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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MOTION to Dismiss filed by Defendant 746E007. (GJG)
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Request |
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| 111 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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MOTION for Cease and Desist Order filed by Defendant 746E007. (GJG)
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Request |
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| 110 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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ANSWER to Amended Complaint 99 filed by 746E007. (GJG)
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Request |
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| 109 |
Filed: 9/6/2016, Entered: 9/6/2016 |
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MEMORANDUM AND ORDER - The Clerk of Court is directed to mail a copy of the plaintiff's Amended Complaint (Filing No. 99 ), together with this Order, to defendant 746E007 at the most recent address he has made available to the Court: 746E007 P.O. Box 27659 Omaha, NE 68127. Defendant 746E007 request for additional time in which to answer (Filing No. 108 ) is granted. Defendant 746E007 shall file an answer or otherwise respond to the plaintiff's Amended Complaint (Filing No. 99 ) within ten (10) days of the date of this order. Ordered by Judge Robert F. Rossiter, Jr.(Copy mailed to pro se party as directed)(GJG)
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Request |
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| 108 |
Filed: 8/31/2016, Entered: 9/1/2016 |
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MOTION - REQUEST FOR ADDITIONAL TIME TO FILE ANSWER TO COMPLAINT filed by Defendant 746E007. (GJG)
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Request |
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| 107 |
Filed: 8/22/2016, Entered: 8/22/2016 |
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BRIEF in support of AMENDED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 106 by Attorney Matthew M. Zarghouni on behalf of Defendant 28F5029.(Zarghouni, Matthew)
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Request |
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| 106 |
Filed: 8/22/2016, Entered: 8/22/2016 |
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AMENDED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Matthew M. Zarghouni on behalf of Defendant 28F5029.(Zarghouni, Matthew)
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Request |
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| 105 |
Filed: 8/22/2016, Entered: 8/22/2016 |
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BRIEF in support of AMENDED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 104 by Attorney Matthew M. Zarghouni on behalf of Defendant William E. Bitters.(Zarghouni, Matthew)
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Request |
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| 104 |
Filed: 8/22/2016, Entered: 8/22/2016 |
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AMENDED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Matthew M. Zarghouni on behalf of Defendant William E. Bitters.(Zarghouni, Matthew)
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Request |
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| 103 |
Filed: 8/18/2016, Entered: 8/18/2016 |
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MEMORANDUM AND ORDER - Defendant 746E007 motion to set aside default (Filing No. 85 ) is granted. The Default Judgment (Filing No. 82 ) and Clerk's Entry of Default (Filing No. 75 ) are vacated and set aside. Defendant 746E007 shall file an Answer or otherwise respond to the plaintiff's Amended Complaint within ten (10) days of the date of this order. Ordered by Judge Robert F. Rossiter, Jr.. (Copy mailed to pro se party)(GJG)
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Request |
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| 102 |
Filed: 8/12/2016, Entered: 8/12/2016 |
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BRIEF in opposition to Brief 96 of Defendant 746E007 to set aside entry of default and default judgment by Attorney Robert J. Gaudet, Jr. on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Affidavit of James P. Malone)(Gaudet, Robert)
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Request |
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| 101 |
Filed: 8/9/2016, Entered: 8/9/2016 |
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Summons Issued as to defendant 746E007. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LAC)
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Request |
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| 100 |
Filed: 8/8/2016, Entered: 8/8/2016 |
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Summons Requested as to 746E007 regarding Amended Complaint 99 . (McMenamy, James)
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Request |
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| 99 |
Filed: 8/8/2016, Entered: 8/8/2016 |
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|
AMENDED COMPLAINT with with jury demand against Defendant All Defendants, by Attorney James H. McMenamy on behalf of Joyce Rosamond Petersen (Attachments: # 1 Affidavit of Service)(McMenamy, James)
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Request |
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| 98 |
Filed: 8/8/2016, Entered: 8/8/2016 |
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|
MEMORANDUM AND ORDER - The plaintiff's Motion for Leave to Amend (Filing No. 80 ) is GRANTED. The plaintiff shall file a clean copy of the proposed Amended Complaint within three (3) days of the date of this order. The defendants' Motions to Dismiss (Filing Nos. 68 and 70 ) are DENIED, without prejudice to reassertion. The defendants shall answer or otherwise respond to the amended pleading within fourteen (14) days of the date of the filing of the Amended Complaint. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (KLF)
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Request |
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| 97 |
Filed: 7/28/2016, Entered: 7/28/2016 |
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ORDER - This matter is before the Court on defendant 746E007 (746E007) Motion for Leave to Appeal In Forma Pauperis (Filing No. 95 ). On July 19, 2016, this Court entered an order explaining the Court would construe 746E007 Notice of Appeal as a motion to set aside the entry of default and default judgment (Filing No. 87 ) previously entered against 746E007 in this case. Because the Court construed 746E007 Notice of Appeal as a motion to set aside the entry of default and default judgment, 746E007 Motion for Leave to Appeal In Forma Pauperis (Filing No. 95 ) is DENIED as moot. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)(GJG)
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Request |
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| 96 |
Filed: 7/27/2016, Entered: 7/28/2016 |
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|
BRIEF to set aside entry of Default and default judgment filed by Defaulted Defendant 746E007. (GJG)
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|
Request |
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| 95 |
Filed: 7/27/2016, Entered: 7/27/2016 |
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|
MOTION for Leave to Appeal in forma pauperis filed by Defaulted Defendant 746E007. (GJG)
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Request |
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| 94 |
Filed: 7/25/2016, Entered: 7/25/2016 |
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|
Mail Returned as Undeliverable addressed to 746E007 at 7906 S. 32nd Street, Omaha, NE 68147 regarding Reassignment Order 83 . Mail resent to P.O. Box 27659, Omaha, NE 68127. (ADB)
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Request |
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| 93 |
Filed: 7/20/2016, Entered: 7/21/2016 |
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Mail Returned as Undeliverable addressed to 746E007 regarding Reassignment Order, 83 . Mail had been resent again to updated address on 7/18/2016. (GJG)
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Request |
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| 92 |
Filed: 7/19/2016, Entered: 7/19/2016 |
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|
RESPONSE regarding MOTION to Amend Complaint, 1 80 and Brief in Support by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, 28F5029, United Financial Services. (Attachments: # 1 Response Brief)(Zarghouni, Matthew)
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Request |
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| 91 |
Filed: 7/19/2016, Entered: 7/19/2016 |
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REPLY BRIEF in support of Brief 71 by Attorney Matthew M. Zarghouni on behalf of Defendant 28F5029.(Zarghouni, Matthew)
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Request |
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| 90 |
Filed: 7/19/2016, Entered: 7/19/2016 |
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|
REPLY regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 70 by Attorney Matthew M. Zarghouni on behalf of Defendant 28F5029.(Zarghouni, Matthew)
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Request |
|
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| 89 |
Filed: 7/19/2016, Entered: 7/19/2016 |
|
|
REPLY BRIEF in support of Brief 69 by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, United Financial Services.(Zarghouni, Matthew)
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|
Request |
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| 88 |
Filed: 7/19/2016, Entered: 7/19/2016 |
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|
REPLY regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 68 by Attorney Matthew M. Zarghouni on behalf of Defendants William E. Bitters, United Financial Services.(Zarghouni, Matthew)
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Request |
|
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| 87 |
Filed: 7/19/2016, Entered: 7/19/2016 |
|
|
ORDER - The Clerk of Court shall not process the appeal in this case to the United States Court of Appeals for the Eighth Circuit. 746E007 shall have ten (10) days from the date of this order to file a brief and any evidence in support of setting aside the entry of default and default judgment. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)(GJG)
|
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Request |
|
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| 86 |
Filed: 7/18/2016, Entered: 7/18/2016 |
|
|
COPY OF IFP MEMO prepared by Deputy Clerk and sent to Judge Robert F. Rossiter, Jr. regarding Notice of Appeal to USCA 85 as to default defendant 746E007. (GJG)(Copy mailed to prose party)
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Request |
|
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| |
Filed: 7/18/2016, Entered: 7/18/2016 |
|
|
PART 2 OF FILING 85 . NOTICE OF APPEAL regarding filing 85 . Appealing Order on Motion for Default Judgment filing 82 by Defaulted Defendant 746E007. NO PDF DOCUMENT ATTACHED. (GJG)
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| 85 |
Filed: 7/18/2016, Entered: 7/18/2016 |
|
|
NOTICE of APPEAL filed by Defaulted Defendant 746E007. (GJG) Modified on 7/18/2016 to correct entry from notice of appearance to a notice of appeal (GJG). Modified on 8/15/2016 to change event to a motion per order 87 (JSF).
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Request |
|
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| 84 |
Filed: 7/18/2016, Entered: 7/18/2016 |
|
|
Mail Returned as Undeliverable addressed to 746E007 regarding Reassignment Order, 83 . Mail was resent to 746E007, P.O. Box 27659, Omaha, NE 68127. (GJG) Modified on 7/18/2016 to reflect that filing 83 was resent pursuant to the update address on filing 85 (GJG).
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Request |
|
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| 83 |
Filed: 7/12/2016, Entered: 7/12/2016 |
|
|
TEXT REASSIGNMENT ORDER - that in the interest of judicial economy, this case is reassigned to District Judge Robert F. Rossiter, Jr., for disposition. Magistrate Judge Thomas D. Thalken is reassigned to the case for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (DKM)
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Request |
|
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| 82 |
Filed: 7/6/2016, Entered: 7/6/2016 |
|
|
DEFAULT JUDGMENT granting 77 Motion for Default Judgment against defendant 746E007 and in favor of the plaintiff in the amount of $360,578.08 plus interest on the judgment at the legal rate until the judgment is satisfied. Ordered by Deputy Clerk. (Copy mailed to pro se party)(GJG)
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Request |
|
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| 81 |
Filed: 7/5/2016, Entered: 7/6/2016 |
|
|
Mail Returned as Undeliverable addressed to 746E007 regarding Clerk's Entry of Default 75 . Mail resent to 746E007 at Metro Audio Dynamics, 7710 L. Street Omaha, NE 68127. (GJG)
|
|
Request |
|
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| 80 |
Filed: 7/5/2016, Entered: 7/5/2016 |
|
|
MOTION to Amend Complaint, 1 by Attorney James H. McMenamy on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Brief in Support of Motion for Leave to Amend, # 2 Affidavit of J. Hamilton McMenamy)(McMenamy, James)
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|
Request |
|
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| 79 |
Filed: 7/5/2016, Entered: 7/5/2016 |
|
|
RESPONSE regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 68 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 70 by Attorney James H. McMenamy on behalf of Plaintiff Joyce Rosamond Petersen.(McMenamy, James)
|
|
Request |
|
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| 78 |
Filed: 7/1/2016, Entered: 7/1/2016 |
|
|
APPLICATION/ORDER admitting pro hac vice Attorney Robert J. Gaudet, Jr for Plaintiff Joyce Rosamond Petersen. Ordered by Deputy Clerk. (LAC)
|
|
Request |
|
|
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| 77 |
Filed: 7/1/2016, Entered: 7/1/2016 |
|
|
MOTION for Default Judgment against 746E007 by Clerk of the Court by Attorney James H. McMenamy on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Brief in Support of Motion, # 2 Affidavit of McMenamy, # 3 Affidavit of Miller)(McMenamy, James)
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|
Request |
|
|
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| 76 |
Filed: 6/29/2016, Entered: 6/29/2016 |
|
|
ATTORNEY LETTER by Clerk that Attorney Robert J. Gaudet has not registered for admittance to practice or 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. (GJG)
|
|
Request |
|
|
|
| 75 |
Filed: 6/29/2016, Entered: 6/29/2016 |
|
|
CLERK'S ENTRY OF DEFAULT as to Defendant 746E007. Ordered by Deputy Clerk. (Copy mailed to defendant)(GJG)
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|
Request |
|
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|
| 74 |
Filed: 6/28/2016, Entered: 6/28/2016 |
|
|
MOTION for Clerks Entry of Default against 746E007 by Attorney James H. McMenamy on behalf of Plaintiff Joyce Rosamond Petersen. (Attachments: # 1 Brief)(McMenamy, James)
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|
Request |
|
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| 73 |
Filed: 6/21/2016, Entered: 6/21/2016 |
|
|
ORDER - The plaintiff has until July 5, 2016, to show cause why this case should not be dismissed as against the defendant 746E007 for failure to prosecute or take some other appropriate action. Ordered by Magistrate Judge F.A. Gossett. (GJG)
|
|
Request |
|
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| 72 |
Filed: 6/14/2016, Entered: 6/14/2016 |
|
|
REASSIGNMENT ORDER - This case is reassigned to Chief District Judge Laurie Smith Camp for disposition and to Magistrate Judge F.A. Gossett for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (GJG)
|
|
Request |
|
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|
| 71 |
Filed: 6/13/2016, Entered: 6/13/2016 |
|
|
BRIEF in support of 12(b)(6) Motion to Dismiss by Attorney Joel E. Feistner on behalf of Defendant 28F5029. (Attachments: # 1 Exhibit, # 2 Exhibit)(Feistner, Joel)
|
|
Request |
|
|
|
| 70 |
Filed: 6/13/2016, Entered: 6/13/2016 |
|
|
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Joel E. Feistner on behalf of Defendant 28F5029.(Feistner, Joel)
|
|
Request |
|
|
|
| 69 |
Filed: 6/13/2016, Entered: 6/13/2016 |
|
|
BRIEF in support of 12(b)(6) Motion to Dismiss by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters. (Attachments: # 1 Exhibit, # 2 Exhibit)(Feistner, Joel)
|
|
Request |
|
|
|
| 68 |
Filed: 6/13/2016, Entered: 6/13/2016 |
|
|
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Joel E. Feistner on behalf of Defendant William E. Bitters.(Feistner, Joel)
|
|
Request |
|
|
|
| 67 |
Filed: 6/1/2016, Entered: 6/1/2016 |
|
|
TEXT ORDER granting 64 Motion for Extension of Time to File a Responsive Pleading. Defendants William E. Bitters and 28F5029 shall have an extension of time until June 13, 2016, to file an answer or otherwise respond to the complaint. Ordered by Magistrate Judge F.A. Gossett. (SMN)
|
|
Request |
|
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| 66 |
Filed: 5/31/2016, Entered: 5/31/2016 |
|
|
ATTORNEY LETTER by Clerk that Attorney Matthew M. Zarghouni has not 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. (KLF)
|
|
Request |
|
|
|
| 65 |
Filed: 5/23/2016, Entered: 5/23/2016 |
|
|
APPLICATION/ORDER admitting pro hac vice Attorney Matthew M. Zarghouni for Defendants William E. Bitters, 28F5029. Ordered by Deputy Clerk. (ADB)
|
|
Request |
|
|
|
| 64 |
Filed: 5/13/2016, Entered: 5/13/2016 |
|
|
MOTION for Extension of Time to File a Responsive Pleading by Attorney Joel E. Feistner on behalf of Defendants William E. Bitters, 28F5029.(Feistner, Joel)
|
|
Request |
|
|
|
| 63 |
Filed: 5/13/2016, Entered: 5/13/2016 |
|
|
APPLICATION/ORDER admitting pro hac vice Attorney James H. McMenamy for Plaintiff Joyce Rosamond Petersen. Ordered by Deputy Clerk. (GJG)
|
|
Request |
|
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|
| 62 |
Filed: 4/27/2016, Entered: 4/27/2016 |
|
|
ORDER - Defendants shall file an answer or other responsive pleading on or before May 13, 2016. The parties shall meet and confer and file an updated, detailed report pursuant to Rule 26(f) of the Federal Rules of Civil Procedure on or before May 30, 2016. The parties shall use the Form 35 (Rule 26(f)) Report posted on this court's website, www.ned.uscourts.gov/forms. Ordered by Magistrate Judge F.A. Gossett. (GJG)
|
|
Request |
|
|
|
| 61 |
Filed: 4/25/2016, Entered: 4/25/2016 |
|
|
ATTORNEY LETTER by Clerk that Attorney Matthew M. Zarghouni has not registered for admittance to practice and 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. (GJG)
|
|
Request |
|
|
|
| 60 |
Filed: 4/25/2016, Entered: 4/25/2016 |
|
|
ATTORNEY LETTER by Clerk that Attorney James H. McMenamy has not registered for admittance to practice. 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. (GJG)
|
|
Request |
|
|
|
| 59 |
Filed: 4/25/2016, Entered: 4/25/2016 |
|
|
TEXT NOTICE OF JUDGES ASSIGNED: Magistrate Judge F.A. Gossett assigned. (GJG)
|
|
Request |
|
|
|
| 58 |
Filed: 4/25/2016, Entered: 4/25/2016 |
|
|
Case transferred in from District of Texas Eastern; Case Number 4:14-cv-00780. Original electronic file received.
|
|
Request |
|
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|
| |
Filed: 3/17/2016, Entered: 3/17/2016 |
|
|
Interdistrict transfer to the District of Nebraska, Omaha Division. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
|
|
|
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| 57 |
Filed: 3/17/2016, Entered: 3/17/2016 |
|
|
ORDER TRANSFERRING CASE. Signed by Judge Amos L. Mazzant, III on 3/17/16. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
|
|
Request |
|
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| 56 |
Filed: 3/17/2016, Entered: 3/17/2016 |
|
|
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 50 Motion to Change Venue filed by Joyce Rosamond Petersen, 54 Report and Recommendations. Plaintiff Petersens Motion to Transfer Venue (Dkt. # 50) is GRANTED and this case shall be transferred to the United States District Court for the District ofNebraska, Omaha Division. Signed by Judge Amos L. Mazzant, III on 3/17/16. (cm, ) Modified on 3/17/2016 (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
|
|
Request |
|
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|
| 55 |
Filed: 2/26/2016, Entered: 2/26/2016 |
|
|
ORDER DENYING MOTIONS AS MOOT finding as moot 28 Motion to Amend/Correct; finding as moot 32 Motion for Extension of Time to File; finding as moot 5 Motion to Dismiss; finding as moot 17 Motion to Strike ; finding as moot 23 Motion to Dismiss. Signed by Magistrate Judge Don D. Bush on 2/26/16. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
|
|
Request |
|
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| 54 |
Filed: 2/26/2016, Entered: 2/26/2016 |
|
|
REPORT AND RECOMMENDATIONS re 50 First MOTION to Change Venue filed by Joyce Rosamond Petersen. Within fourteen (14) days after service of the magistrate judges report, any party may serve and file written objections to the findings and recommendations of the magistrate judge. 28 U.S.C.A. § 636(b)(1)(C). Signed by Magistrate Judge Don D. Bush on 2/26/16. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
|
|
Request |
|
|
|
| 53 |
Filed: 10/8/2015, Entered: 10/8/2015 |
|
|
NOTICE by Joyce Rosamond Petersen Unavailability of Counsel (McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
|
|
Request |
|
|
|
| 52 |
Filed: 9/25/2015, Entered: 9/25/2015 |
|
|
REPLY to Response to Motion re 50 First MOTION to Change Venue filed by Joyce Rosamond Petersen. (McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
|
|
Request |
|
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|
| 51 |
Filed: 9/15/2015, Entered: 9/15/2015 |
|
|
RESPONSE in Opposition re 50 First MOTION to Change Venue filed by 28F5029. (Attachments: # 1 Text of Proposed Order)(Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| |
Filed: 9/11/2015, Entered: 9/11/2015 |
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NOTICE of Docket Correction regarding the First MOTION to Change Venue, 49, Please ignore. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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| 50 |
Filed: 9/10/2015, Entered: 9/10/2015 |
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First MOTION to Change Venue by Joyce Rosamond Petersen. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 49 |
Filed: 9/10/2015, Entered: 9/10/2015 |
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***DEFICIENT. CORRECTED BY D.E. 50 . PLEASE IGNORE.*** First MOTION to Change Venue by Joyce Rosamond Petersen. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(McMenamy, James) Modified on 9/11/2015 (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 48 |
Filed: 9/2/2015, Entered: 9/2/2015 |
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ORDER denying 47 Motion to Amend Complaint. Signed by Magistrate Judge Don D. Bush on 9/2/15. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 47 |
Filed: 8/28/2015, Entered: 8/28/2015 |
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First MOTION to Amend/Correct 1 Complaint, by Joyce Rosamond Petersen. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order Granting Motion to Amend Complaint)(McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 46 |
Filed: 8/27/2015, Entered: 8/27/2015 |
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ORDER granting in part and denying in part 45 Motion for Extension of Time to File. Within 14 days of the date of this Order, the parties shall either file an agreed motion to transfer venue to Nebraska or notify the Court that no motion will be filed. Signed by Magistrate Judge Don D. Bush on 8/27/15. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 45 |
Filed: 8/25/2015, Entered: 8/25/2015 |
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Agreed MOTION for Extension of Time to File Motion to Transfer by Joyce Rosamond Petersen. (Attachments: # 1 Text of Proposed Order)(McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 44 |
Filed: 8/13/2015, Entered: 8/13/2015 |
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Return of Service Executed as to 746E007 on 3/18/2015, answer due: 4/8/2015. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 43 |
Filed: 8/12/2015, Entered: 8/12/2015 |
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ORDER. Within 14 days of the date of this Order, the parties shall either file an agreed motion totransfer venue to Nebraska or notify the Court that no motion will be filed. Signed by Magistrate Judge Don D. Bush on 8/12/15. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 42 |
Filed: 8/11/2015, Entered: 8/11/2015 |
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Minute Entry for proceedings held before Magistrate Judge Don D. Bush: Scheduling Conference held on 8/11/2015. (Court Reporter Digital Recording - T McEwen.) (ttm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 41 |
Filed: 8/10/2015, Entered: 8/10/2015 |
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REPORT of Rule 26(f) Planning Meeting. (Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 40 |
Filed: 8/9/2015, Entered: 8/9/2015 |
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REPORT of Rule 26(f) Planning Meeting. (Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 39 |
Filed: 8/9/2015, Entered: 8/9/2015 |
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REPORT of Rule 26(f) Planning Meeting. (Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 38 |
Filed: 8/7/2015, Entered: 8/7/2015 |
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REPORT of Rule 26(f) Planning Meeting. (Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 37 |
Filed: 8/6/2015, Entered: 8/6/2015 |
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ORDER REGARDING JOINT ATTORNEY CONFERENCE REPORT, ( Rule 26 Meeting Report due by 12 p.m. on 8/10/2015.). Signed by Judge Amos L. Mazzant, III on 8/6/15. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 36 |
Filed: 7/1/2015, Entered: 7/1/2015 |
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RESPONSE in Opposition re 32 First MOTION for Extension of Time to File Summons filed by 28F5029. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit)(Zarghouni, Matthew) (Attachment 1 replaced on 7/1/2015) (baf, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 35 |
Filed: 7/1/2015, Entered: 7/1/2015 |
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REPLY to Response to Motion re 23 MOTION to Dismiss 12(b)(5),12(b)(3), and 12(b)(2) filed by 28F5029. (Attachments: # 1 Exhibit)(Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 34 |
Filed: 6/25/2015, Entered: 6/25/2015 |
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SUR-REPLY to Reply to Response to Motion re 17 MOTION to Strike 15 Affidavit in Opposition to Motion, to Dismiss filed by Joyce Rosamond Petersen. (McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 32 |
Filed: 6/24/2015, Entered: 6/24/2015 |
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First MOTION for Extension of Time to File Summons by Joyce Rosamond Petersen. (Attachments: # 1 Text of Proposed Order)(McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 31 |
Filed: 6/24/2015, Entered: 6/24/2015 |
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RESPONSE in Opposition re 23 MOTION to Dismiss 12(b)(5),12(b)(3), and 12(b)(2) filed by Joyce Rosamond Petersen. (Attachments: # 1 Affidavit of J. Hamilton McMenamy, # 2 Affidavit of Jilynn Wall, # 3 Supplement Affidavit of Jilynn Wall, # 4 Affidavit Sharon Miller, # 5 Affidavit of Erik Petersen, # 6 Text of Proposed Order)(McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 30 |
Filed: 6/22/2015, Entered: 6/22/2015 |
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RESPONSE in Opposition re 28 First MOTION to Amend/Correct 14 Response in Opposition to Motion filed by William E Bitters. (Attachments: # 1 Text of Proposed Order)(Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 29 |
Filed: 6/21/2015, Entered: 6/21/2015 |
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NOTICE of Discovery Disclosure by William E Bitters 4:14-cv-00780 (Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 28 |
Filed: 6/19/2015, Entered: 6/19/2015 |
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First MOTION to Amend/Correct 14 Response in Opposition to Motion by Joyce Rosamond Petersen. (Attachments: # 1 Affidavit, # 2 Affidavit)(McMenamy, James) (Additional attachment(s) added on 6/23/2015: # 3 Text of Proposed Order) (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 27 |
Filed: 6/18/2015, Entered: 6/18/2015 |
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NOTICE of Discovery Disclosure by Joyce Rosamond Petersen (McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 26 |
Filed: 6/18/2015, Entered: 6/18/2015 |
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REPLY to Response to Motion re 17 MOTION to Strike 15 Affidavit in Opposition to Motion, to Dismiss filed by William E Bitters. (Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 33 |
Filed: 6/16/2015, Entered: 6/25/2015 |
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Return of Service Executed as to 28F5029 on 6/3/2015, answer due: 6/24/2015. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 25 |
Filed: 6/15/2015, Entered: 6/15/2015 |
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RESPONSE in Opposition re 17 MOTION to Strike 15 Affidavit in Opposition to Motion, to Dismiss filed by Joyce Rosamond Petersen. (Attachments: # 1 Affidavit of Erik Petersen, # 2 Affidavit of J Hamilton McMenamy, # 3 Affidavit Declaration of Sharon Miller, # 4 Affidavit Supplemental Affidavit of Jilynn Wall, # 5 Text of Proposed Order)(McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| |
Filed: 6/12/2015, Entered: 6/12/2015 |
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NOTICE of Deficiency regarding the RESPONSE in Opposition re 17 MOTION to Strike, #24, submitted by Joyce Rosamond Petersen. Response exceeds page limit. Correction should be made by one business day. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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| 24 |
Filed: 6/11/2015, Entered: 6/11/2015 |
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***DEFICIENT. TO BE REFILED. PLEASE IGNORE.*** RESPONSE in Opposition re 17 MOTION to Strike 15 Affidavit in Opposition to Motion, to Dismiss filed by Joyce Rosamond Petersen. (Attachments: # 1 Affidavit Affidavit of J. Hamilton McMenamy, # 2 Affidavit Supplemental Affidavit of Jilynn Wall, # 3 Affidavit Affidavit of Erik Petersen, # 4 Affidavit Declaration of Sharon Miller, # 5 Text of Proposed Order)(McMenamy, James) Modified on 6/12/2015 (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 23 |
Filed: 6/10/2015, Entered: 6/10/2015 |
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MOTION to Dismiss 12(b)(5),12(b)(3), and 12(b)(2) by 28F5029. Responses due by 6/24/2015 (Attachments: # 1 Text of Proposed Order)(Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| |
Filed: 6/9/2015, Entered: 6/9/2015 |
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***FILED IN ERROR. Document # 21, Affidavit again filed as stand-alone entry. PLEASE IGNORE.*** (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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| 22 |
Filed: 6/8/2015, Entered: 6/8/2015 |
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SUR-REPLY to Reply to Response to Motion re 5 MOTION to Dismiss filed by Joyce Rosamond Petersen. (Attachments: # 1 Affidavit Affidavit of J. Hamilton McMenamy In Support of Plaintiff Petersen's Sur-Reply)(McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 21 |
Filed: 6/8/2015, Entered: 6/8/2015 |
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***FILED IN ERROR. NOT TO BE REFILED. PLEASE IGNORE.*** AFFIDAVIT in Opposition re 5 MOTION to Dismiss as Re-filed in Accordance With Court's Notice Dated May 21, 2015 filed by Joyce Rosamond Petersen. (McMenamy, James) Modified on 6/9/2015 (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| |
Filed: 6/4/2015, Entered: 6/4/2015 |
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NOTICE of Deficiency regarding the First MOTION for Extension of Time to File, #20, submitted by Joyce Rosamond Petersen. Opposing counsel was not contacted for Certificate of Conference. Correction should be made by one business day. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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| 20 |
Filed: 6/3/2015, Entered: 6/3/2015 |
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***DEFICIENT. TO BE REFILED. PLEASE IGNORE.*** First MOTION for Extension of Time to File by Joyce Rosamond Petersen. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(McMenamy, James) Modified on 6/4/2015 (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 19 |
Filed: 6/3/2015, Entered: 6/3/2015 |
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ORDER STRIKING DOCKET ENTRY 18 re 18 Response in Opposition to Motion, filed by Joyce Rosamond Petersen. Signed by Magistrate Judge Don D. Bush on 6/3/15. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 18 |
Filed: 5/29/2015, Entered: 5/29/2015 |
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***STRICKEN. PLEASE IGNORE.*** RESPONSE in Opposition re 9 First MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss , 5 MOTION to Dismiss , 17 MOTION to Strike 15 Affidavit in Opposition to Motion, to Dismiss Refiled filed by Joyce Rosamond Petersen. (Attachments: # 1 Text of Proposed Order)(McMenamy, James) Modified on 6/3/2015 (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 17 |
Filed: 5/28/2015, Entered: 5/28/2015 |
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MOTION to Strike 15 Affidavit in Opposition to Motion, to Dismiss by William E Bitters. Responses due by 6/11/2015 (Attachments: # 1 Text of Proposed Order ORDER ON MOTION TO STRIKE, # 2 Text of Proposed Order ORDER ON DEFENDANTS OBJECTIONS)(Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 16 |
Filed: 5/27/2015, Entered: 5/27/2015 |
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REPLY to Response to Motion re 5 MOTION to Dismiss filed by William E Bitters. (Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| |
Filed: 5/21/2015, Entered: 5/21/2015 |
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NOTICE of Deficiency regarding the AFFIDAVIT in Opposition, 15 submitted by Joyce Rosamond Petersen. To be refiled as a Response with Affidavit attached using the Response event code. Correction should be made by one business day. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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| 15 |
Filed: 5/20/2015, Entered: 5/20/2015 |
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***FILED IN ERROR. TO BE REFILED. PLEASE IGNORE.*** AFFIDAVIT in Opposition re 9 First MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss , 5 MOTION to Dismiss filed by Joyce Rosamond Petersen. (McMenamy, James) Modified on 5/21/2015 (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 14 |
Filed: 5/20/2015, Entered: 5/20/2015 |
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RESPONSE in Opposition re 5 MOTION to Dismiss filed by Joyce Rosamond Petersen. (Attachments: # 1 Text of Proposed Order)(McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 13 |
Filed: 5/13/2015, Entered: 5/14/2015 |
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|
ORDER granting 9 Motion for Extension of Time to File Response/Reply re 5 MOTION to Dismiss . Responses due by 5/21/2015. Signed by Magistrate Judge Don D. Bush on 5/13/15. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 12 |
Filed: 5/11/2015, Entered: 5/11/2015 |
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RESPONSE in Opposition re 9 First MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss filed by William E Bitters. (Attachments: # 1 Text of Proposed Order)(Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| |
Filed: 5/11/2015, Entered: 5/11/2015 |
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NOTICE of Deficiency regarding the RESPONSE to Motion re 9 First MOTION, #10, submitted by William E Bitters. Document lacks an attorney signature, to be refiled using the Motion to Quash event code. Correction should be made by one business day. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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| 11 |
Filed: 5/8/2015, Entered: 5/8/2015 |
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REPLY to Response to Motion re 9 First MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss filed by Joyce Rosamond Petersen. (Attachments: # 1 Text of Proposed Order granting extension)(McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 10 |
Filed: 5/6/2015, Entered: 5/6/2015 |
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***DEFICIENT. TO BE REFILED. PLEASE IGNORE.*** RESPONSE to Motion re 9 First MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss filed by William E Bitters. (Attachments: # 1 Text of Proposed Order)(Zarghouni, Matthew) Modified on 5/11/2015 (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 9 |
Filed: 4/29/2015, Entered: 4/29/2015 |
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First MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss by Joyce Rosamond Petersen. (Attachments: # 1 Text of Proposed Order)(McMenamy, James) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 8 |
Filed: 4/27/2015, Entered: 4/27/2015 |
|
|
RESPONSE in Opposition re 7 First MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss by Defendant Bitters filed by William E Bitters. (Attachments: # 1 Text of Proposed Order)(Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| |
Filed: 4/27/2015, Entered: 4/27/2015 |
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NOTICE of Deficiency regarding the First MOTION for Extension of Time to File Response/Reply, #7, submitted by William E Bitters. Motion lacks and Certificate of Conference and Affidavit Scanned in with main document instead of being individually attached and identified. Correction should be made by one business day. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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| 7 |
Filed: 4/24/2015, Entered: 4/24/2015 |
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***DEFICIENT. TO BE REFILE. PLEASE IGNORE.*** First MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss by Defendant Bitters by Joyce Rosamond Petersen. (Attachments: # 1 Text of Proposed Order)(McMenamy, James) Modified on 4/27/2015 (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 6 |
Filed: 4/17/2015, Entered: 4/17/2015 |
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ORDER GOVERNING PROCEEDINGS, ( Rule 16 Management Conference set for 8/11/2015 09:30 AM in Ctrm 108 (Plano) - Bush before Magistrate Judge Don D. Bush.). Signed by Magistrate Judge Don D. Bush on 4/17/15. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 5 |
Filed: 3/30/2015, Entered: 3/30/2015 |
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|
MOTION to Dismiss by William E Bitters. Responses due by 3/13/2015 (Attachments: # 1 Declaration of William E. Bitters, # 2 Proposed Order)(Zarghouni, Matthew) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 4 |
Filed: 3/3/2015, Entered: 3/3/2015 |
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SUMMONS Issued as to 28F5029. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| 3 |
Filed: 3/3/2015, Entered: 3/3/2015 |
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|
SUMMONS Issued as to 746E007. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
|
|
Request |
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| 2 |
Filed: 3/3/2015, Entered: 3/3/2015 |
|
|
SUMMONS Issued as to William E Bitters. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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| |
Filed: 1/29/2015, Entered: 1/29/2015 |
|
|
Case Assigned to Judge Amos L. Mazzant, III and Magistrate Judge Don D. Bush. (pad, ) [Transferred from Texas Eastern on 4/25/2016.]
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| |
Filed: 12/1/2014, Entered: 12/1/2014 |
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Pursuant to General Order 14-10, this case has been randomly assigned to a Magistrate Judge. With the written consent of all parties, a Magistrate Judge may conduct all proceedings in a case, including all pretrial and trial proceedings, entry of judgment and post trial motions. 28 U.S.C. Section 636(c). The form Consent to Jurisdiction of Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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| |
Filed: 12/1/2014, Entered: 12/1/2014 |
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Case Assigned to Magistrate Judge Don D. Bush. (cm, ) [Transferred from Texas Eastern on 4/25/2016.]
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| 1 |
Filed: 12/1/2014, Entered: 12/1/2014 |
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|
COMPLAINT Joyce Rosamond Petersen, deceased estate against All Defendants ( Filing fee $ 400 receipt number 0540-4947898.), filed by Joyce Rosamond Petersen.(McMenamy, James) (Additional attachment(s) added on 12/18/2014: # 1 Signed Complaint, # 2 Civil Cover Sheet) (cm, ). [Transferred from Texas Eastern on 4/25/2016.]
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Request |
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