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04-3356 - Board of Regents of the University of Nebraska v. BASF


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04-3356 - Board of Regents of the University of Nebraska v. BASF
May 16, 2005
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ORDER granting 34 Motion to Extend. The Planning Conference previously scheduled for June 6, 2005 is rescheduled to June 30, 2005. Signed by Magistrate Judge David L. Piester on 5/16/2005. (GJG, )
December 6, 2005
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ORDER that upon the parties' joint motion to extend the deadlines for filing briefs in response to the defendant's motion to compel, and to extend the discovery and settlement deadlines and the trial date, filing 43,IT IS ORDERED: The deadline for filing plaintiff's response to defendant's pending motion to compel is continued to December 16, 2005. Defendant's reply brief, if any, shall be filed in accordance with the deadlines set bythis court's local rules. To the extent that the parties' filing 43 motionrequests a continuance of the filing 37 scheduling order deadlines, the motion is granted. The discovery and settlement deadlines, and the dates set for thepretrial conference and trial are set aside. To the extent the parties' filing 43 motion requests an order specifically setting new deadlines forprogression of this case, the motion shall be held in abeyance pending a ruling on the motion to compel. Signed by Magistrate Judge David L. Piester on 12/6/2005. (CS, )
January 11, 2006
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MEMORANDUM AND ORDER that the parties are given FIVE business days in which to confer further about their specific disagreements and to advise the court of the specific responses that are the subject of defendant's motion to compel 38. Signed by Magistrate Judge David L. Piester on 1/11/2006. (CS, )
January 26, 2006
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sion, custody or control which are responsive to Requests for Production Numbers 1, 8, and 22 for the time period commencing when its contract with Sandoz was signed and ending on the date the contract, as extended, expired. That portion of the motiMEMORANDUM AND ORDER granting in part and denying in part Defendant's 38 Motion to Compel. All plaintiff's "general objections" are overruled. Plaintiff shall, within twenty days, produce all documents and things in its posseson to compel which seeks documents and things related to the plaintiff's prosecution of patent applications is denied. Plaintiff shall, within twenty days, produce all documents and things in its possession, custody or control which are responsive to Requests for Production 1, 2, 4, 7, 12-13, 15-17, and 19 for the time period commencing when its contract with Sandoz wassigned and ending on the date the contract, as extended, expired. That portion of the motion which requests an award of expenses and fees is denied. Each party shall bear its own expenses in respect to this discovery dispute. Signed by Magistrate Judge David L. Piester on 1/26/2006. (CS, )
February 10, 2006
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ORDER denying as moot 43 Motion to Extend, and denying as moot 53 initial Motion to Intervene Signed by Magistrate Judge David L. Piester on 2/10/2006. (CAR, )
February 13, 2006
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ORDER granting 57 Motion to Extend time to respond to MOTION for Leave to Intervene(Corrected and Amended) 55. Defendant is given to February 27, 2006 to respond to Monsanto Company's Amended and Corrected Motion for Leave to Intervene. Signed by Magistrate Judge David L. Piester on 2/13/2006. (CAR, )
March 3, 2006
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ORDER - The motion, filing 61 is granted. BASF is given until the close of business March 13, 2006 to respond to the amended motion to intervene filing 55. Signed by Magistrate Judge David L. Piester on 3/3/2006. (GJG, )
March 14, 2006
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ster on 3/14/2006. (CS, )ORDER that defendant BASF Corporation's Agreed-To Motion for an Extension of Time to Respond and Stay of Monsanto Company's Motion for Leave to Intervene until April 10, 2006, filing 65, is granted. Signed by Magistrate Judge David L. Pie
March 23, 2006
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ORDER sustaining 63 Objection. The Objection to Defendant's Notice of Intent to Issue Subpoena, filing 63, is sustained. Neither the deposition nor the production of documents sought by the proposed subpoena shall take place until after the court has resolved the pending motion for intervention filed by the Monsanto Company, filing 55. Signed by Magistrate Judge David L. Piester on 3/23/2006. (JAR)
April 12, 2006
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ORDER granting 70 Motion to Extend. The Intervenor's Reply Brief shall be filed on or before April 24, 2006.Signed by Magistrate Judge David L. Piester on 4/12/2006. (CRZ)
May 11, 2006
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MEMORANDUM AND ORDER - The motion of Monsanto Company to intervene, filing 55 is granted. Monsanto shall be named as an Intervening Plaintiff in the captions of future pleadings. Intervening plaintiff may file its complaint in intervention forthwith. Once the pleadings have closed with respect to the complaint in intervention, or by July 10, 2006, whichever first occurs, counsel shall confer and inform the undersigned of their joint, or if necessary, separate views on the matters required to be addressed by Fed. R. Civ. P. 26(f) and any other matters appropriate to the scheduling and preparation of the case, the presentation of evidence, protective orders, and any particulars that should be included in a progression order, together with their estimates of when this case may realistically be ready for trial. In the event counsel desire a conference with the undersigned on these subjects, request therefor may be made by telephoning chambers. Rule 26 Meeting Report Deadline set for 7/10/2006. Signed by Magistrate Judge David L. Piester on 5/11/2006. (GJG, )
June 22, 2006
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ORDER granting 83 Motion to Extend. On or before July 11, 2006, BASF shall file its brief in opposition to Monsanto's pending motion to disqualify. The parties shall electronically file their Rule 26 meeting report within fifteen days after the court's ruling on Monsanto's motion to disqualify. Signed by Magistrate Judge David L. Piester on 6/22/2006. (CRZ)
August 17, 2006
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MEMORANDUM AND ORDER that Monsanto's motion to strike, filing 92, is denied as moot. Monsanto's motion to disqualify counsel, filing 80, is denied. BASF's motion for hearing, filing 98, is denied. BASF's motion for a stay of discovery, filing 89, is granted in part, and except as may be otherwise agreed among counsel, discovery in this case is stayed until the pending motion to intervene, filing 99, has been resolved. Within thirty days following the court's order deciding the pending motion to intervene, counsel shall again "meet and confer" pursuant to Fed. R. Civ. P. 26(f) and provide to the court their views on an appropriate schedule for progression of this case to trial. In the event a conference with the court is desired, request therefor may be made by telephoning chambers. Ordered by Magistrate Judge David L. Piester (CS, )
September 6, 2006
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ORDER granting 99 Motion to Intervene as an intervening defendant filed by Syngenta Crop Protection, Inc. On or before September 12, 2006, Syngenta shall file its "Answer in Intervention of Syngenta Crop Protection, Inc. to Monsanto Company's Amended Complaint in Intervention; and Counterclaim," a copy of which is attached to its motion to intervene. Ordered by Magistrate Judge David L. Piester. (CRZ)
October 4, 2006
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ORDER that the parties' joint oral motion is granted and the deadline for filing the Rule 26 report of the parties' planning conference is extended to October 13, 2006. Ordered by Magistrate Judge David L. Piester.(CS, )
October 13, 2006
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ORDER that the parties' joint oral motion to extend the deadline for filing the parties' Rule 26 planning conference report is granted and the deadline is extended to October 20, 2006. Ordered by Magistrate Judge David L. Piester.(CS, )
December 1, 2006
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ORDER - THIS MATTER is before the Court on the Motion filing 143 to Withdraw Motion to Compel Filing No. 139 filed by Intervening Plaintiff, Monsanto Company. The Court, being fully advised in the premises, finds that the Motion is granted. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that InterveningPlaintiff Monsanto Company's Motion to Withdraw Motion to Compel be granted andMotion to Compel Filing No. 139 is hereby withdrawn. Ordered by Magistrate Judge David L. Piester.(GJG, )
December 22, 2006
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MEMORANDUM AND ORDER that the plaintiff Board of Regents is given until January 2, 2007, to file any motion to file an amended complaint in accordance with this court's local rules. See NECivR 7.1 and 15.1(a). If such a motion is filed, on or before January 12, 2007, all other parties shall either advise the court that they do not oppose the filing of the Board of Regents' proposed amended complaint, or they shall file a brief opposing the Board of Regents' motion for leave to amend. No reply brief shall be permitted absent leave of the court for good cause shown. Filings 151, 153, and 154 are stricken without prejudice to re-filing as appropriate following a ruling on the Board of Regents' anticipated motion for leave to file an amended complaint. Filing 144 is deemed an attachment to Monsanto's filing 148 motion for leave to file a Second Amended Complaint in Intervention. The clerk shall enter the following notation on the docket entry for filing 144: "This filing is deemed an attachment to filing 148". On or before January 12, 2007, the parties shall either advise the court that they do not oppose the filing of Monsanto's proposed Second Amended Complaint in Intervention (filing 144), or they shall file a brief opposing Monsanto's motion for leave to amend, filing 148. No reply brief shall be permitted absent leave of the court for good cause shown.Filings 145, 146, and 147 are stricken without prejudice to re-filing in accordance with this court's local rules, (see NECivR 7.1 and 15.1(a)), if Monsanto's motion for leave to amend, filing 148, is denied. In an effort to avoid such complexities, confusion, and potential misunderstandings in the future, counsel for the parties shall read and/or remind themselves of the requirements of this court's local rules and shall comply with these rules. Ordered by Magistrate Judge David L. Piester.(CS, )
January 11, 2007
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MEMORANDUM AND ORDER - The unopposed motion of plaintiff, Board of Regents, tofile an Amended Complaint, filing 163 is granted. The Board of Regent's Amended Complaint, a copy of which is attached to the filing 163 motion, shall be filed on or before January 19, 2007. BASF's motion for leave to file an amended answer, defenses, counterclaims, and crossclaims in response to the Board of Regents complaint, filing 156 is denied as moot. BASF's response to the Board of Regents' Amended Complaint shall be filed on or before January 29, 2007. The unopposed motion of intervening plaintiff, Monsanto, to file a Second Amended Complaint in Intervention, filing 148 is granted. Monsanto's Second Amended Complaint in Intervention, (see filing 144) shall be filed on or before January 19, 2007. The parties' response to Monsanto's Second Amended Complaint in Intervention shall be filed on or before January 29, 2007. Amended Complaint due by 1/19/2007. Ordered by Magistrate Judge David L. Piester.(GJG, )
February 12, 2007
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STIPULATED PROTECTIVE ORDER - All information designated as "Confidential Information" shall be protected, used, handled and disposed of by another party or non-party in this action ("Receiving Party") strictly in accordance with the provisions of this Order. Ordered by Magistrate Judge David L. Piester.(CS, )
February 16, 2007
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ORDER - On the court's own motion, IT IS ORDERED: The Rule 16 telephone planning conference is continued from February 23 to March 8, 2007 at 9:00 a.m. Central Time. Plaintiff's counsel shall initiate the call. Planning Conference set for 3/8/2007 at 09:00 AM before Magistrate Judge David L. Piester.Ordered by Magistrate Judge David L. Piester. (CS, )
March 9, 2007
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MEMORANDUM AND ORDER - The Rule 16 telephone planning conference is continuedfrom March 8, 2007 to March 26, 2007 at 9:00 a.m. Central Time. Plaintiff's counsel shall initiate the call. The summary judgment deadline is extended to April 16, 2007. All attorneys of record shall assure that they, or their local counsel, or staff members acting on behalf of themselves or local counsel, are properly trained concerning the filing of restricted access documents on the court's electronic filing system before they file any "Confidential Information." Delivery of paper copies of "Confidential Information" to the clerk's office shall be the filing method of last resort, and any such documents shall be clearly marked: "Pursuant to Protective Order filing 182, paragraph 8, this is a RESTRICTED ACCESS filing." Ordered by Magistrate Judge David L. Piester.(GJG, )
March 26, 2007
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MEMORANDUM AND ORDER - The request of Syngenta to delay "claims construction" issues for consideration in the second round of summary judgment motions was denied. Motions for summary judgment concerning claims construction shall remain due in the first round of summary judgment motions, to be filed on or before April 16, 2007. The deadlines in Paragraph 11 of the progression order are amended as outlined in this order. The deadline for filing the second round of summary judgment motions is extended to 07/06/2007. On or before 04/16/2007, each party shall provide as much information as is practicable about the subject matter of testimony expected to be given by both its expert witnesses and its non-expert witnesses. Ordered by Magistrate Judge David L. Piester. (CS, )
April 2, 2007
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ORDER that the motion for protective order 194 is granted and Monsanto need not serve answers to the pending interrogatories. BASF is given leave to serve Monsanto with interrogatories, totaling not more than twenty-five, including subparts, or alternatively, may simply designate no more than twenty-five from those that are the subject of the instant motion, within seven working days. Monsanto shall have seven working days following service or designation in which to respond. Each party shall bear its own expenses with respect to this discovery matter as ordered by Magistrate Judge David L. Piester. (SED)
April 11, 2007
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ORDER - Pursuant to the parties' Joint Motion 211 to Extend the Deadline for Filing Summary Judgment Motions, IT IS ORDERED that the deadline for the parties to file motions for summary judgment addressing "the interpretation of written agreements and what intellectual property rights, if any, were successfully transferred between the parties and Sandoz Agro, the validity of the University/Monsanto License, and/or patent claim construction issues" is extended to April 30, 2007. Ordered by Magistrate Judge David L. Piester.(CS, )
April 27, 2007
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ORDER - The deadline for filing motions for summary judgment addressing "the interpretation of written agreements and what intellectual property rights, if any, were successfully transferred between the parties and Sandoz Agro, the validity of the University/ Monsanto License, and/or patent claim construction issues" is extended to May 25, 2007. Ordered by Magistrate Judge David L. Piester. (CS, )
June 29, 2007
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ORDER granting oral motion to continue. The deposition deadline, and all deadlines based thereon, is extended from August 1, 2007 to August 6, 2007. A telephonic conference to discuss scheduling issues will be held before the undersigned on July 3, 2007 at 11:00 a.m. Ordered by Magistrate Judge David L. Piester. (CRZ)
October 12, 2007
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ORDER granting 307 Motion for Protective Order, and 1. Intervening plaintiffs unopposed motion for stay, filing 307, is granted and the subject Rule 30(b)(6) deposition shall not take place until the court has ruled on the underlying motion for protective order. 2. All parties are given until 4:00 p.m. Central Time on Wednesday, October 17, 2007 to respond to the motion. Ordered by Magistrate Judge David L. Piester.(CAR)
October 25, 2007
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MEMORANDUM AND ORDER - That portion of the motion, filing 330 which seeks extensions of deadlines is granted. The deposition deadline, previously set as October 12, 2007 is extended to November 16, 2007 as to depositions of non-expert witnesses that were properly and timely noticed prior to October 12, 2007 (excepting the Rule 30(b)(6) deposition of Monsanto, which is the subject of a pending motion for protective order; that matter, as well as the corresponding cross-motion to compel will be addressed by separate order). The deadline for filing summary judgment motions, currently set as October 26, 2007, is extended to November 30, 2007. That portion of the motion, filing 330, which seeks a scheduling conference with the court pursuant to Fed. R. Civ. P. 16 is reserved for ruling once pending discovery motions have been resolved. Ordered by Magistrate Judge David L. Piester. (GJG, )
November 5, 2007
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The motions are denied in all other respects. Ordered by Magistrate Judge David L. Piester. (GJG, )MEMORANDUM AND ORDER - The motions for sanctions, filings 290 and 311 are granted in part, as set out in this Memorandum and Order. Except as otherwise agreed by counsel, all deadlines in the current progression schedule of the case are suspended until further order. Scheduling matters will be addressed following the resolution of remaining discovery motions. Counsel shall confer in respect to scheduling and, on or before December 3, 2007, propose to the court their scheduling suggestions.
November 6, 2007
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MEMORANDUM AND ORDER - The motion for partial summary judgment filed by plaintiff Board of Regents of the University of Nebraska (filing 228) is granted in part and denied in part. The motions for partial summary judgment filed by defendant BASF Corporation (filings 231, 234, 236) are denied. The motion for partial summary judgment filed by intervening plaintiff Monsanto Company against defendant BASF Corporation (filing 220) is granted. The motion for partial summary judgment filed by intervening plaintiff Monsanto Company against intervening defendant Syngenta Crop Protection, Inc., (filing 221) is denied. The motion for partial summary judgment filed by intervening defendant Syngenta Crop Protection, Inc., (filing 219) is denied.Ordered by Judge Richard G. Kopf. (GJG, )
November 21, 2007
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ORDER Intervening Defendant Syngenta Crop Protection, Inc.'s Motion to Seal filing 349, is granted. Document Number 335 is hereby sealed as a RESTRICTED DOCUMENT. Document Number 333 is stricken. Ordered by Magistrate Judge David L. Piester. (GJG, )
November 26, 2007
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ORDER - The motion of defendant BASF Corporation, filing 357, to withdraw the appearance of Rebecca D. Walker as counsel of record for BASF Corporation is granted. Ordered by Magistrate Judge David L. Piester. (CS, )
December 4, 2007
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ORDER granting 364 Motion to Withdraw as Attorney. All parties are instruction to remove John D. Ostergren as counsel of record for Syngenta Crop Protection, Inc. Ordered by Magistrate Judge David L. Piester. (CS, )
December 12, 2007
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MEMORANDUM AND ORDER - The motion for protective order, filing 307, is granted, and the cross motion to compel, filing 324, is denied. The motion for protective order for return of inadvertently produced documents, filing 332 is denied. Each party shall bear its own expenses with respect to this discovery matter. That portion of the parties' earlier joint motion which seeks a conference with the court regarding scheduling, filing 330 is granted, and the conference will be held by telephone on December 13, 2007 at 10:00 a.m., Central Time. Counsel for defendant BASF shall arrange the call. Ordered by Magistrate Judge David L. Piester. (GJG, )
February 27, 2008
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ORDER granting 378 Joint Motion to Extend Scheduling Deadlines. The final pretrial conference is continued and will be held before the undersigned on October 30, 2008 beginning at 10:00 a.m. The court has set aside two hours for this conference. A ten-day, non-jury trial continues to be scheduled to begin on November 12, 2008. Ordered by Magistrate Judge David L. Piester. (GJG, )
March 28, 2008
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ORDER granting unopposed oral motion to extend the plaintiff's response date, and corresponding extension of remaining progression deadlines. Ordered by Magistrate Judge David L. Piester. (CRZ)
April 3, 2008
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MEMORANDUM AND ORDER denying 354 Motion for Reconsideration or Clarification filed by defendant BASF Corporation. The Motion to Strike (filing 374) portions of BASFs reply brief in support of its Motion for Reconsideration or Clarification is denied as moot, as the latter motion has been denied. Ordered by Judge Richard G. Kopf. (JAB)
April 22, 2008
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ORDER - Plaintiff's motion to file restricted access document, filing 382 is granted and the clerk shall maintain filing number 383 as a restricted access document pursuant to the E-Government Act. Ordered by Magistrate Judge David L. Piester. (GJG, )
April 22, 2008
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ORDER - Plaintiff's motion to file affidavits under seal, filing 384 is granted and the clerk shall maintain filing numbers 385 386 and 387 as sealed documents. Ordered by Magistrate Judge David L. Piester. (GJG, )
April 29, 2008
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MEMORANDUM AND ORDER - The originals of all of the documents provided to the court for in camera review shall be filed -- UNDER SEAL -- in the office of the clerk as evidence in this case and maintained exactly how they were delivered to the court. They shall not be scanned into CM/ECF, as it is impractical to do so while preserving the color markings on the documents, which are critical to court review of them. The clerk shall copy all of such documents in color and provide the copies back to counsel for the plaintiff. Plaintiff's counsel shall safeguard such color copies until further order of the court or resolution of this case, whichever first occurs. The clerk shall file the rough transcript provided to the court in connection with this matter. The oral motion of BASF to compel the production of the subject documents pursuant to Rule 612, Federal Rules of Evidence 393 is denied. This ruling is made without prejudice to a formal motion later being filed by any of the parties addressing this subject matter. Ordered by Magistrate Judge David L. Piester. (GJG, )Copies distributed as ordered. SEALED DOCUMENTS MAINTAINED IN CLERK'S OFFICE VAULT.
August 18, 2008
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chard G. Kopf. (GJG, )MEMORANDUM AND ORDER - On or before August 29, 2008, counsel shall deliver to the chambers of the undersigned United States district judge photocopies of the exhibits contained in the indexes of evidence (filings 406, 407, 408, 409, 410, 412, 417, 418) submitted in conjunction with the pending motions for summary judgment (filings 402, 405, 414, 416). Additional exhibits which may be filed in conjunction with the pending motions for summary judgment shall also be photocopied and submitted to the chambers of the undersigned United States district judge. Such photocopies shall be delivered or mailed to: Hon. Richard G. Kopf, 586 Federal Building, 100 Centennial Mall North, Lincoln, Nebraska 68508. Ordered by Judge Ri
August 19, 2008
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ORDER granting 424 Oral Motion. The unopposed oral motion of intervening plaintiff Monsanto Company for leave to file an amended brief is granted and the amended brief shall be filed forthwith. Ordered by Magistrate Judge David L. Piester. (JAB)
September 8, 2008
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ORDER regarding motions. IT IS ORDERED that the motions to file restricted-access documents (403, 415, 428, 436, 455, 456) are denied as moot, as the documents mentioned in such motions already have been filed with a restricted access designation pursuant to the parties protective order. Ordered by Judge Richard G. Kopf. (LKL)
September 8, 2008
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ORDER - The motion for reconsideration and motion to intervene filed by Timothy Rissmiller, Jonathan Lee Riches, and Toni Lea Frost, filing 421 is stricken for lack of a certificate of service and failure to timely correct this deficiency. Ordered by Magistrate Judge David L. Piester. (Copy mailed to pro se party)(GJG, )
October 2, 2008
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MEMORANDUM AND ORDER - Response to the inquiry made by counsel for the plaintiff regarding preparation of exhibits for use at trial. Instruction set out in this order. Ordered by Magistrate Judge David L. Piester. (GJG, )
October 2, 2008
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MEMORANDUM AND ORDER - The parties shall be advised that Laura R. Hegge began employment as a law clerk in the chambers of the undersigned United States district judge on Monday, September 29, 2008. Ms. Hegge was formerly employed as an associate at Cline, Williams, Wright, Johnson&Oldfather, L.L.P., in Lincoln, Nebraska, which is the law firm representing the Board of Regents of the University of Nebraska in this lawsuit. While employed at Cline, Williams, Ms. Hegge did not perform any substantive work on the above-captioned case, and she will not work on this case while employed in this chambers.Ordered by Judge Richard G. Kopf. (GJG, )
October 3, 2008
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MEMORANDUM AND ORDER - The parties are hereby notified that the criminal case of United States v. Wentworth, No. 4:06CR3172 (D. Neb.), is scheduled for a 15-day jury trial before the undersigned United States district judge beginning on Monday, November 3, 2008, and concluding on or about Monday, November 24, 2008. If the Wentworth case commences as scheduled, the nonjury trial in Board of Regents v. BASF, No. 4:04CV3356 (D. Neb.), will need to be rescheduled. Counsel in the Wentworth case have been given a deadline of October 14, 2008, to notify the court whether the defendant will plead or go to trial, but at this time, the court has been advised that trial is likely. The court shall notify counsel in Board of Regents v. BASF on October 15, 2008, regarding the status of the Wentworth case. Ordered by Judge Richard G. Kopf. (GJG, )
October 10, 2008
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ORDER. Counsel are advised that the Wentworth criminal case has settled. As a consequence, counsel should be prepared to try this non-jury case starting on Wednesday, November 12, 2008. It is so ordered. Ordered by Judge Richard G. Kopf. (KLL, )
October 14, 2008
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MEMORANDUM AND ORDER - The Motion for Final Judgment Under Rule 54(b) (filing397) filed by BASF Corporation is denied. Ordered by Judge Richard G. Kopf. (GJG, )
October 21, 2008
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MEMORANDUM AND ORDER - The parties' motions for summary judgment (filings 402 405 414 416 are denied. Ordered by Judge Richard G. Kopf. (GJG, )
November 3, 2008
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TRIAL ORDER. To assist the parties regarding the procedures that will be followed for the non-jury trial of this complex matter, IT IS ORDERED that:1.Each party may submit a trial brief. Trial briefs may be submitted no later than Monday, November 10, 2008. It will be most helpful if the trial briefs concentrate on simplifying the issues. Keep in mind that the undersigned has never belonged to Mensa. In that regard, and given the short attention span of the reader, no trial brief shall exceed 20 pages. Proposed findings of fact and conclusions of law and post-trial briefs will be submitted following trial on a schedule to be proposed and agreed upon by counsel.2.BASF and then Syngenta will present evidence first, to be followed by the University and then Monsanto. BASF and Syngenta shall have a total of 32.5 hours to be allocated among themselves to conduct opening statements, direct examination, cross examination, and closing argument. One of the lawyers for BASF will be the timekeeper for this group and shall announce the time used at the end of each day. The University and Monsanto shall have a total of 32.5 hours to be allocated among themselves to conduct opening statements, direct examination, cross examination, and closing argument. One of the lawyers for the University will be the timekeeper for this group and shall announce the time used at the end of each day. The undersigned will not keep time.3.Trial will start at 8:30 AM each morning and conclude at 5:00 PM, with 15-minute breaks in the morning and afternoon. Lunch breaks will generally be held between 12:00 noon and 1:30 PM to allow the undersigned to conduct criminal matters over the noon hour.4.The parties have requested a court reporter (rather than the digital audio recording system that the undersigned typically uses), and the parties have also requested "daily copy." Those requests are granted provided that the parties reach a mutually acceptable agreement with the Court's staff court reporter, Sue DeVetter, and further provided that the parties pay for the cost of those services. Counsel shall contact Sue DeVetter at one of the following telephone numbers: home 712-256-7123, cell 402-212-9482, and office 402-661-7309.5.The undersigned will liberally grant leave to "exceed the scope," but counsel shall advise each other of any intention to seek such relief before a witness testifies.6.Within reason, the undersigned will allow testimony about "this is what we meant when we were negotiating the contract."7.It will not be necessary to "color code" depositions.8.Should the parties decide to settle this matter at any time, I would not be upset.9.My chambers shall provide a copy of this order to Magistrate Judge Piester, Sue DeVetter, and Colleen Beran. (Copy provided by KLL.)Ordered by Judge Richard G. Kopf. (KLL, )
November 7, 2008
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ORDER regarding Joint STIPULATION FOR DISMISSAL486 filed by Board of Regents of the University of Nebraska. IT IS HEREBY ORDERED: 1. that all claims asserted by BASF in this Action are dismissed with prejudice; 2. that Counts I-IV of Monsantos Second Amended Complaint in Intervention in this Action are dismissed without prejudice only as against BASF and not any other party; 3. that the First and Second Claims for Relief in the University's Amended Complaint in this Action are dismissed without prejudice only as against BASF and not any other party; and 4. that all Parties to this Stipulation shall bear their own attorneys fees and costs in this action. Ordered by Judge Richard G. Kopf. (LKL, )
November 10, 2008
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ORDER. Intervening defendant Syngenta Crop Protection, Inc., has filed a Motion for a Continuance and for Permission to Contact Witnesses 488. I shall order that Syngenta coordinate and place a conference call as set forth below.IT IS ORDERED:1.Counsel for Syngenta Crop Protection, Inc., shall coordinate and place a telephone conference call to occur today, Monday, November 10, 2008, at 4:00 p.m., CST, between counsel for all parties (including settling parties) and the undersigned, who may be reached at 402-437-5252.2.Counsel may contact my Administrative Assistant, Kris Leininger, should questions arise. Ordered by Judge Richard G. Kopf. (KLL, )
November 10, 2008
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MEMORANDUM AND ORDER. After consulting with counsel by telephone, and without finding that any party or lawyer has acted improperly, IT IS ORDERED that:1.Syngenta's motion for a continuance and for permission to contact witnesses 488 is granted as provided herein and it is otherwise denied.2.A continuance is granted. Trial of this matter shall commence on Monday, November 17, 2008, at 8:30 AM.3.Counsel for Syngenta may contact Dr. Mani Subramanian, without first consulting counsel for BASF, to determine if Dr. Mani Subramanian will agree to appear in person to testify at trial. 4.Counsel for Syngenta may contact Dr. Paul Bernasconi, who is employed by BASF, to determine if Dr. Paul Bernasconi will agree to appear in person to testify at trial. Since this witness is employed by BASF, counsel for Syngenta shall coordinate this contact and work through counsel for BASF.5.If Dr. Subramanian or Dr. Bernasconi or both of them refuse to appear in person to testify at trial, then:A.On or before 9:00 AM on Friday, November 14, 2008, counsel for Syngenta may submit newly edited versions of the earlier depositions of these witnesses.B.On or before 9:00 AM on Sunday, November 16, 2008, counsel for the University and counsel for Monsanto may submit counter designations. Ordered by Judge Richard G. Kopf. (KLL, )
November 17, 2008
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MEMORANDUM AND ORDER granting 497 Stipulation. All claims asserted by Syngenta in this action are dismissed with prejudice. Counts I-IV of Monsanto' Second Amended Complaint in Intervention in this action are dismissed without prejudice, provided however that Monsanto covenants not to reassert said claims in any future action against Syngenta or its affiliates. Any remaining claims asserted by the University are dismissed without prejudice, provided however that the University covenants not to reassert said claims in any future action against Syngenta or its affiliates. All parties to the Stipulation (filing 497) shall bear their own attorneys' fees and costs in this action. Ordered by Judge Richard G. Kopf. (GJG, )