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05-3251 - Clark et al v. Ameritas Investment Corp.


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05-3251 - Clark et al v. Ameritas Investment Corp.
September 28, 2005
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ORDER that Counsel and unrepresented parties shall meet and confer in accordance with Fed. R. Civ. P. 26(f) and, by October 17, 2005, file their Report of Parties' Planning Conference. Signed by Magistrate Judge David L. Piester on 9/28/2005. (CCB )
October 13, 2005
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MEMORANDUM AND ORDER regarding 5 Motion to Dismiss, and 10 Motion to Suspend Deadline. Plaintiffs' Motion to Suspend Deadline to Respond to Defendant's Motion to Dismiss (filing 10) is granted. The defendant's Motion to Dismiss (filing 5) is held in abeyance until such time as the court resolves the plaintiffs' Motion to Remand (filing 7). Plaintiffs' Request for Expedited Telephonic Hearing regarding their Motion to Suspend Deadline to Respond to Defendant's Motion to Dismiss (filing 10) is denied as moot. Signed by Judge Richard G. Kopf on 10/13/2005. (JAR)
December 27, 2005
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MEMORANDUM AND ORDER The plaintiffs' objections to the defendant's filing 15index of evidence, filing 16 is sustained on the basis of relevance. As to the plaintiffs' Motion for Remand and for costs and fees pursuant to 28 U.S.C. section 1447(c), filing 7: a. The plaintiffs' motion for remand is granted; and b. The plaintiffs' motion for an award of costs and actual expenses, including attorney fees, is denied. Signed by Magistrate Judge David L. Piester on 12/27/2005. (GJG, )
December 29, 2005
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ORDER granting 20 Motion to Stay remand order pending appeal. Signed by Magistrate Judge David L. Piester on 12/29/2005. (CRZ)
January 9, 2006
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MEMORANDUM AND ORDER - The defendant's motion filing 23 to extend the time in which it may submit a brief in support of its Statement of Objection, or in theAlternative, Appeal filing 22 is granted and the Defendant shall file its brief on or before January 20, 2006. Plaintiffs may file a brief opposing Defendant's Statement of Objection or in the Alternative, Appeal22 on or before February 3, 2006. Signed by Judge Richard G. Kopf on 1/9/2006. (GJG, )
February 14, 2006
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ORDER. It is ordered that: (1) Defendant's motion for leave to file reply brief 28 is granted, and such brief shall be electronically filed on or before 2/16/2006; (2) Plaintiffs may file a brief in response to the defendant's reply brief on or before 2/23/2006; (3) The Clerk of Court shall adjust the "response due" date for 22 to 2/23/2006. Signed by Judge Richard G. Kopf on 2/14/2006. (KLL, )
May 19, 2006
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MEMORANDUM AND ORDER - Magistrate Judge Piester's Memorandum and Order, construed as a Report and Recommendation filing 19 is adopted. The plaintiffs' Motion to Remand filing 7 is granted. The defendant's Statement of Objection, or in the Alternative, Appeal from Magistrate's Order Granting Motion to Remand filing 22 is denied. The defendant's Request for Oral Argument filing 26 is denied as moot. The defendant's motion to dismiss filing 5 is denied. Judgment remanding this matter to the District Court of Douglas County, Nebraska, shall be entered by separate document. Signed by Judge Richard G. Kopf on 5/19/2006. (GJG, )
May 19, 2006
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JUDGMENT - Pursuant to the court's previous Memoranda and Orders 33 this case is remanded to the District Court of Douglas County, Nebraska. Signed by Judge Richard G. Kopf on 5/19/2006. (GJG, )