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07-3244 - Southern Wine&Spirits of America, et al vs. Heineman, et al


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07-3244 - Southern Wine&Spirits of America, et al vs. Heineman, et al
October 15, 2007
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ORDER. After consultation with counsel, it is ordered that a hearing on plaintiffs' motion for temporary restraining order and preliminary injunction 9 lasting no longer than 1.5 hours is scheduled for 10:00 a.m. on Tuesday, October 16, 2007, before the undersigned in Courtroom No. 1, Lincoln, Nebraska.***Motion Hearing set for 10/16/2007 10:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf.Ordered by Judge Richard G. Kopf. (KLL, )
October 16, 2007
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MEMORANDUM AND ORDER regarding9 Plainitff's Motion for TRO. IT IS ORDERED that: 1. Pursuant to Fed. R. Civ. P. 65(b), the defendants, and each of them, together with their servants, agents and employees, in both their official and individual capacities, are herewith restrained and prohibited from enforcing Neb. Rev. Stat. § 53-169.01 (2007), as amended by L.B. 578 § 3, against the plaintiffs. In particular, the defendants are restrained from conducting the "show cause" hearing currently scheduled for October 19, 2007. To that extent, the plaintiffs' motion for temporary restraining order (filing 9) is granted. 2. Pursuant to Fed. R. Civ. P. 65(c) and (d), no bond or surety need be posted. Defense counsel shall provide notice of this temporary restraining order to all affected persons or parties. 3. After consultation with defendants' counsel, plaintiffs' counsel shall contact the judicial assistant for the undersigned United States District Judge to schedule a telephone conference call between counsel for the parties and the undersigned United States District Judge, during which the parties shall be prepared to schedule a hearing on plaintiffs request for a preliminary injunction and to address whether the hearing and trial on the merits shall be consolidated pursuant to Fed. R. Civ. P. 65(a)(2). 4. Unless extended by further order of the court, or by stipulation of the parties, this temporary restraining order shall expire at the end of ten (10) days following its entry. DATED this day of 16th day of October, 2007, at approximately 1:25 P.M.at Lincoln, Nebraska by Judge Richard G. Kopf.(JAB)
October 22, 2007
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MEMORANDUM AND ORDER - After consultation with counsel, and with their agreement, IT IS ORDERED that: 1. The temporary restraining order entered in this case shall remain in force until ordered otherwise. 2. Pursuant to Federal Rule of Civil Procedure 65(a)(2), the trial on the merits and the application for a preliminary injunction shall be consolidated. 3. Magistrate Judge Piester is requested to progress this case in the normal fashion. My chambers shall provide Judge Piester with a copy of this memorandum and order. Ordered by Judge Richard G. Kopf. (JAB)
November 20, 2007
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ORDER granting 34 Motion to Withdraw as Attorney. The motion of Jodi Fenner to withdraw as counsel of record for defendants, is granted. Ordered by Magistrate Judge David L. Piester. (JAB)
December 10, 2007
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ORDER granting 37 Motion to Withdraw Document; withdrawing 13 Motion to Dismiss. Defendants are given to December 21, 2007 to answer plaintiff's complaint. Ordered by Magistrate Judge David L. Piester. (CAR)
December 26, 2007
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ORDER - Defendants' motion for an enlargement of time (filing 44) is granted. Defendants shall have until January 2, 2008, to file a reply concerning their motion for summary judgment (filing 31) and a response concerning Plaintiffs' motion to strike (filing 39). Ordered by Judge Richard G. Kopf. (GJG, )
February 14, 2008
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ws: A. The Court declares that Neb. Rev. Stat. § 53-169.01 as amended by LB 578 (2007) is unconstitutional because that portion of the amendment containing a "Grandfather Clause" violates the Equal Protection Clause and the Privileges and Immunities Clause of the United States Constitution. The Court declares that the "Grandfather Clause" was enacted with a discriminatory purpose and the "Grandfather Clause" has a discriminatory effect. The Court declares that the "Grandfather Clause" cannot be severed from the remainder of the amendment. B. The defendants and their agents, servants and employees are permanently enjoined from enforcement of Neb. Rev. Stat. § 53-169.01 as amended by LB 578 (2007). C. All other claims of the plaintiffs not addressed in paragraph A are dismissed without prejudice. D. Taxable costs shall be assessed against the defendants. Ordered by Judge Richard G. Kopf. (JAB)MEMORANDUM AND ORDER regarding pending motions. IT IS ORDERED that: 1. The plaintiffs' motion for partial summary judgment (filing 40) is granted. The defendants' motion for partial summary judgment (filing 31) is denied. 2. The plaintiffs' motion to strike (filing 39) is denied. The defendants' motion to strike (filing 52) is denied. 3. Contemporaneous with the entry of this memorandum and order, a separate judgment will be entered providing in material part as follo
March 17, 2008
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ORDER - Pursuant to the parties' joint stipulation (filing 67), IT IS ORDERED that the plaintiffs' motion for attorney fees and expenses (filing 62) and bill of costs (filing 65) are withdrawn. Ordered by Judge Richard G. Kopf. (GJG, )