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05-3060 - Nebraska Turkey Growers Cooperative Association v. ATS Logistics Services


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05-3060 - Nebraska Turkey Growers Cooperative Association v. ATS Logistics Services
August 3, 2005
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ORDER granting 27 Motion for Leave to File an Amended Complaint. granted. Amended Complaint due by 8/12/2005. Signed by Magistrate Judge Thomas D. Thalken on 8/3/2005. (JAE, )
August 25, 2005
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ORDER that the parties' Stipulation and Joint Motion for Continuance of PlanningConference 32 is granted. The planning conference scheduled for August 29, 2005 is cancelled. The parties shall have twenty (20) days from the date an order is filed on the currently pending motion to remand 33, in which to reschedule a planning conference with the court, if necessary. Counsel for the plaintiff shall contact the court within such time period to schedule the planning conference. Signed by Magistrate Judge Thomas D. Thalken on 8/25/2005. (JAE, )
September 9, 2005
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ORDER - The defendant's Motion for Extension of Time Filing No. 36 is granted. The defendant is given to on or before September 16, 2005, within which to file its brief in opposition to the plaintiff's Motion to Remand and for Costs, expenses and Fees Filing No. 33. Signed by Magistrate Judge Thomas D. Thalken on 9/9/2005. (TJS)
October 3, 2005
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ORDER. It is ordered that: (1) Plaintiff's motion for an enlargement of time 41 is granted; (2) Plaintiff shall respond to Defendant's motion for summary judgment 38 within 20 days after an order is entered by the court deciding Plaintiff's motion to remand 33. Signed by Judge Richard G. Kopf on 10/3/2005. (KLL, )
October 13, 2005
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)REPORT AND RECOMMENDATION that the plaintiff's Motion to Remand and for Costs, Expenses and Fees 33 be granted with respect the plaintiff's motion to remand, and denied with respect to the plaintiff's motion for costs, expenses and fees. Any objection to this Report and Recommendation shall befiled with the Clerk of the Court within ten (10) days after being served with a copy of this Report and Recommendation. Signed by Magistrate Judge Thomas D. Thalken on 10/13/2005. (JAE,
November 22, 2005
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MEMORANDUM AND ORDER that the magistrate judge's report and recommendation (filing 43) is not adopted. The defendant's statement of objections (filing 44) is sustained to the extent stated in the foregoing memorandum. The plaintiff's motion to remand (filing 33) is denied in all respects. Signed by Judge Richard G. Kopf on 11/22/2005. (CS, )
December 20, 2005
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MEMORANDUM AND ORDER - IT IS ORDERED that: 1. Defendant's statement of undisputed material facts (filing 39, pp. 7-8) is deemed admitted by Plaintiff. 2. Within twenty (20) days of today's date, Plaintiff shall either (a) show cause why this action should not be dismissed on the ground that it isnot prosecuted in the name of the real party in interest or (b) effect theratification, joinder, or substitution of the real party in interest. 3. Absent Plaintiff's compliance with paragraph 2 above, the action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest.4. Any further ruling on Defendant's motion for summary judgment is deferred pending resolution of the real party in interest issue. Show Cause Deadline set for 1/9/2006. Signed by Judge Richard G. Kopf on 12/20/2005. (JAR)
January 12, 2006
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MEMORANDUM AND ORDER granting 38 Defendant's Motion for Summary Judgment. Judgment shall be entered by separate document, providing generally that this action, including all claims, counterclaims, cross-claims, and third-party claims, is dismissed for the reason that it is not prosecuted in the name of the real party in interest. Signed by Judge Richard G. Kopf on 1/12/2006. (JAR)