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08-3021 - ACS State Healthcare v. FourThought Group


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08-3021 - ACS State Healthcare v. FourThought Group
February 4, 2008
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ORDER of Recusal; Request for Reassignment. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
February 22, 2008
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ORDER granting 34 Motion to Intervene filed by FourThought Group, Inc.; said party is permitted to intervene as a defendant in this action. Ordered by Senior Judge Lyle E. Strom. (MKR)
February 29, 2008
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MEMORANDUM OPINION- The Court finds that ACS failed to meet its burden that a preliminary injunction is warranted. Each of the Dataphase factors weighs in favor of denying ACS's motion. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (MKR)
February 29, 2008
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ORDER AND JUDGMENT- pursuant to the Memorandum Opinion entered herein this date, Plaintiff's motion to strike intervenor's supplemental brief 71 is denied; Plaintiff's motion for a temporary restraining order 9 is denied. Ordered by Senior Judge Lyle E. Strom. (MKR)
February 29, 2008
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ORDER AND JUDGMENT NUNC PRO TUNC- Plaintiff's motion to strike intervenor's supplemental brief 71 is denied. Plaintiff's motion for a temporary restraining order and preliminary injunction 9 is denied. Ordered by Senior Judge Lyle E. Strom. (MKR)
March 20, 2008
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ORDER denying 79 motion for reconsideration or, in the alternative, for injunction pending appeal. Ordered by Senior Judge Lyle E. Strom. (JDR)
April 1, 2008
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ORDER granting 91 the plaitniff's Motion for Leave to file an amended complaint; Defendants and defendant-intervenor shall have until April 25, 2008, to answer or otherwise respond to plaintiff's second amended complaint. Amended Complaint due by 4/10/2008. Ordered by Senior Judge Lyle E. Strom. (MKR) Modified on 4/2/2008 to correct amended complaint due date.(MKR).
April 7, 2008
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ORDER denying 94 motion for leave to seek early discovery. Ordered by Senior Judge Lyle E. Strom. (JDR)
May 9, 2008
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ORDER approving 113 stipulation. Plaintiff's counsel is permitted to remove exhibits for the purpose of copying them for use in the appeal. Ordered by Senior Judge Lyle E. Strom. (JDR)
May 13, 2008
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ORDER - Scheduling Conference set for 5/28/2008 at 09:00 AM before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (CJP)
May 27, 2008
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ORDER rescheduling planning conference for May 29, 2008, at 11 a.m. Ordered by Senior Judge Lyle E. Strom. (JDR)
July 16, 2008
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ORDER granting 127 Motion to Amend Final Progression Order. Any motions to add parties or to amend pleadings to this action for the plaintiff shall be filed by 9/1/08. Any motions to add parties or amend pleadings in this action for state defendants shall be filed by 10/1/08. Any motions to add parties or amend pleadings in this action for FourThought shall be filed by by 10/1/08. Ordered by Senior Judge Lyle E. Strom. (JSF)
August 1, 2008
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ORDER denying as frivolous the 134 Motion for Reconsideration and denying 134 the Motion to Intervene. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to Intervenor Jonathan Lee Riches)(MKR)
September 19, 2008
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ORDER - The clerk shall file the notice of appeal under seal in view of the outrageous and scurrilous comments contained in the notice which are totally irrelevant to the issues of the principal case. The notice of appeal is deemed filed but not forwarded to the United States Court of Appeals for the Eighth Circuit until Jonathan Lee Riches pays the appropriate filingfee. Ordered by Senior Judge Lyle E. Strom. (Copies mailed to intervor Jonathan Lee Riches) (KBJ)
September 22, 2008
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ORDER denying as moot 60 objection; denying as moot 73 objection; denying as moot 74 objection, all without prejudice to refiling. Ordered by Senior Judge Lyle E. Strom. (JDR)
September 26, 2008
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PROTECTIVE ORDER - Ordered by Senior Judge Lyle E. Strom. (KBJ)
October 15, 2008
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ORDER granting 154 Motions to Stay Discovery 154, 155. Discovery is stayed pending the Court's ruling on the State defendant's motion for judgment on the pleadings. Ordered by Senior Judge Lyle E. Strom. (JAE, )
October 16, 2008
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J)ORDER - Plaintiff's Motion to Extend 158 is granted; plaintiff shall have until October 24, 2008, to file its brief in opposition to State Defendants' motion for judgment on the pleadings 152. Ordered by Senior Judge Lyle E. Strom. (KB
November 19, 2008
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ORDER - Plaintiff's motion to dismiss state defendants without prejudice and to lift the stay of discovery 160 is granted; counts one and two of the plaintiff's second amended complaint and defendants David Heineman, Jon Bruning, Carlos Castillo, Christine Peterson, and Steve Sulek are dismissed without prejudice; the remaining parties may resume discovery. State defendants' motion for judgment on the pleadings 152 is denied as moot. Ordered by Senior Judge Lyle E. Strom. (KBJ)
December 29, 2008
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ORDER regarding Settlement Conference before Magistrate Judge F. A. Gossett set for 2/4/2009 at 9:30 A.M.Ordered by Magistrate Judge F. A. Gossett. (ARL,)
March 5, 2009
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SECOND AMENDED FINAL PROGRESSION ORDER - The Joint Motion to Amend 176 is granted. The Final Pretrial Conference is scheduled for 7/28/09 at 10:00 am before Magistrate Judge F.A. Gossett in chambers. Trial is scheduled for 8/31/09 at 9:00 am before Judge Lyle E. Strom and a jury. Ordered by Senior Judge Lyle E. Strom. (KBJ)
May 14, 2009
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MEMORANDUM AND ORDER - FourThought's motion to strike portions of the Second Amended Complaint 181 is granted to the extent it is in accordance with this memorandum and is denied in all other respects. ACS's motion for leave to file instanter a sur-reply to FourThought's motion to strike 200 is granted. ACS's motion for a hearing on unresolved objections to deposition subpoenas 202 is denied. ACS shall have until May 29, 2009, to file a Third Amended Complaint. Ordered by Senior Judge Lyle E. Strom. (KBJ)
July 8, 2009
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ORDER approving and adopting the 222 Stipulation. The deadline for filing motions challenging the qualifications of an expert or the admissibility of testimony of an expert witness under Rule 702 (Daubert) is extended to July 17, 2009. Motions for summary judgment shall be filed on or before July 31, 2009. A final pretrial conference is scheduled before Magistrate Judge F.A. Gossett on: Monday, August 10, 2009, at 10 a.m. in his chambers, Suite 2210, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Trial of this matter remains scheduled before the undersigned on: Monday, August 31, 2009, at 9 a.m. Courtroom No. 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Senior Judge Lyle E. Strom. (MKR)
July 20, 2009
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ORDER - Defendant shall provide all documents that are the subject of plaintiff's Motion to Compel 208 that have not been produced on the grounds of privilege to the Court for in camera inspection within three (3) days. Ordered by Senior Judge Lyle E. Strom. (KBJ)
August 3, 2009
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MEMORANDUM AND ORDER - ACS's Motion to Compel a discovery response 208 is denied. ACS's Motion to Compel a discovery response 242 is granted to the extent it seeks the production of documents. ACS's request for attorney's fees and expenses is denied. FourThought shall produce the responsive documents within three days of the date this order is filed. FourThought's motion to dismiss the third amended complaint 227 is denied. ACS's motion to strike certain persons on defendant's non-expert witness list 246 is denied without prejudice. The parties' joint motion to continue the trial date and amend the second amended final progression order 255 is granted. A third amended progression order will be prepared and filed separately. Ordered by Senior Judge Lyle E. Strom. (KBJ)
August 13, 2009
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ORDER - This matter is before the Court on the stipulated motion to amend protective order 258. The Court finds the motion should be granted. Accordingly, IT IS ORDERED that said motion is granted; the protective order is amended in accordance with Addendum A attached hereto. Ordered by Senior Judge Lyle E. Strom. (KBJ)
October 16, 2009
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ORDER - The Joint Motion to Extend 262 is granted. The deadline to complete discovery is extended to December 15, 2009; The deadline to file summary judgment motions is extended to December 15, 2009. All other deadlines contained in the third amended final progression order 259 remain in full force and effect. Ordered by Senior Judge Lyle E. Strom. (KBJ)
December 17, 2009
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FOURTH AMENDED FINAL PROGRESSION ORDER granting 264 Motion to Continue ; All discovery, whether or not intended to be used at trial, shall be completed by February 12, 2010; The Final Pretrial Conference is set for April 26, 2010 at 9:30 a.m. before Magistrate F. A. Gosssett, in chambers, Suite 2210, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Trial is set to commence at 9:00 a.m. on May 10, 2010, in Omaha, Nebraska, before the Honorable Lyle E. Strom and a jury. Ordered by Senior Judge Lyle E. Strom. (ADB, )
February 18, 2010
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FIFTH AMENDED FINAL PROGRESSION ORDER - The Joint Motion to Amend Fourth Amended Final Progression Order 267 is granted. Discovery deadline set for 3/5/2010. Final Pretrial Conference is set for 4/26/2010 at 9:30am before Magistrate F.A. Gossett in chambers. Trial is set to commence on 5/10/2010 at 9:00am before the Honorable Lyle E. Strom and a jury. Ordered by Senior Judge Lyle E. Strom. (KBJ)
April 19, 2010
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ORDER - IT IS ORDERED that the stipulation275 is approved and adopted; this action is dismissed with prejudice, each party to pay its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (TCL )
May 10, 2010
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED.Ordered by Senior Judge Lyle E. Strom. (TCL )
May 10, 2010
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED. Ordered by Senior Judge Lyle E. Strom. (TCL )
May 10, 2010
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED.Ordered by Senior Judge Lyle E. Strom. (TCL )