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05-3040 - Kelly, et al v. First National Bank of Holdrege et al


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05-3040 - Kelly, et al v. First National Bank of Holdrege et al
May 18, 2005
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MEMORANDUM AND ORDER denying Motion to Change Venue10. The place of trial for this case is Lincoln, Nebraska. Signed by Magistrate Judge David L. Piester on 5/18/2005. (JAR)
May 20, 2005
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MEMORANDUM AND ORDER - The motion to dismiss (filing 13) is denied without prejudice. The motion for a more definite statement (filing 13) is granted as provided herein and otherwise denied. The plaintiffs shall file an amended complaint complying with this order not later than July 1, 2005. Signed by Judge Richard G. Kopf on 5/20/2005. (JAR)
June 9, 2005
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ORDER granting 30 Joint Motion to Continue Planning Conference. The Planning Conference that is currently scheduled for telephonic hearing by the Court on July 12, 2005, shall be continued until 120 days after Defendants file their Answers in this action. Signed by Magistrate Judge David L. Piester on 6/9/2005. (JAR)
June 30, 2005
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ORDER granting the Joint 33 Motion for Leave to depose Dennis Damrow. The Parties are granted leave of this Court to depose Dennis Damrow. The Federal Bureau of Prisons and the Warden of FCI Florence shall produce DennisDamrow for deposition at FCI Florence, for two (2) consecutive days, at a date and time to be determined by the Parties following consultation with the appropriate Federal Bureau of Prisons' personnel. IT IS FURTHER ORDERED that the deposition of Dennis Damrow shall not exceed fourteen (14) hours in duration, taken over the course of two (2) consecutive days, and shall betaken for use at trial, by stenographic means, and that the Plaintiff or the Defendants or both may videotape the deposition for that purpose. Signed by Magistrate Judge David L. Piester on 6/30/2005. (CS, )
June 30, 2005
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ORDER that Plaintiff's 32 Motion for Time is granted. The deadline for plaintiff to file an amended complaint is extended to July 15, 2005. Signed by Magistrate Judge David L. Piester on 6/30/2005. (CS, )
February 3, 2006
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MEMORANDUM AND ORDER granting in part and denying in part 41 Motion to Substitute Party. IT IS ORDERED: 1. I will grant the motion in filing 41 to the following extent: henceforth the plaintiffs in this case shall be "PHILLIP M. KELLY, as Trustee of the Bankruptcy Estate of DENNIS R. DAMROW, together with SHERRY DAMROW, as their interests may be established" and 2. The motion in filing 41 is otherwise denied. Signed by Judge Richard G. Kopf on 2/3/2006. (JAR)
February 3, 2006
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MEMORANDUM AND ORDER regarding 39 Motion to Dismiss. IT IS ORDERED: 1. The following claims are dismissed pursuant to Rule 41(b) for noncompliance with the May 20 orders: first claim (breach of verbal contract); second claim (breach of written contract); fourth claim (fraud and misrepresentation, including claims of non-disclosure, deceit and concealment); fifth claim (fraudulent inducement); sixth claim (negligence); and eighth claim (violations of RICO); 2. Alternatively, the claims listed in the preceding paragraph are dismissed for failure to state a claim pursuant to Rule 12(b)(6) and, as to the fraud claims (which include the negligence claim as it is wholly based on fraud), Rule 9(b)); 3. The third claim and the seventh claim (civil conspiracy) are dismissed for failure to state a claim pursuant to Rule 12(b)(6); 4. The Clerk of the Court is directed to file this memorandum and order in each of the individual cases reflected in the joint caption. Despite the fact that I haveused a joint caption for this memorandum and order, and unless otherwise directed or permitted, counsel shall file any subsequent filings using the single caption appropriate to their individual cases; and 5. Judgments shall be entered by separate order. Signed by Judge Richard G. Kopf on 2/3/2006. (JAR) Modified on 2/6/2006 to amend text pursuant to Memorandum and Order48.(JAR)
February 6, 2006
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these cases are amended to make clear that the "unjust enrichment" claims are dismissed solely for failure to state a claim under Rule 12 (b)(6). The Clerk is directed to modify the docket entry for each of the opinions accordingly. Amended judgments will not be filed. Signed by Judge Richard G. Kopf on 2/6/2006. (JAR) Modified on 2/6/2006 to reflect docket text of Memorandum and Order46 modified as directed. (JAR)MEMORANDUM AND ORDER regarding: Memorandum and Order,46. IT IS ORDERED that the opinions (filing 44 in 4:05CV3039; filing 46 in 4:05CV3040; filing 41 in 4:05CV3041; filing 40 in 4:05CV3042; filing 43 in 4:05CV3043; and filing 45 in 4:05CV3044) in
February 15, 2006
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ORDER denying 49 motion to alter or amend the judgment. Signed by Judge Richard G. Kopf on 2/15/2006. (KLL, )
March 1, 2006
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MEMORANDUM AND ORDER - IT IS ORDERED:1. The motions to alter or amend the judgment (4:05CV3039, filing 54;4:05CV3041, filing 49; 4:05CV3042, filing 47; 4:05CV3043, filing 48;4:05CV3044, filing 50) are denied. 2. The Clerk of the Court is directed to file this memorandum and order in each of the individual cases reflected in the joint caption. Signed by Judge Richard G. Kopf on 3/1/2006. (JAR)