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08-3156 - TierOne Bank v. Hartford Casualty Insurance Company et al


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08-3156 - TierOne Bank v. Hartford Casualty Insurance Company et al
November 19, 2008
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MEMORANDUM AND ORDER - Defendants motion for extension of time to respond to plaintiffs discovery, (filing no. 35), is granted. Defendants Hartford Casualty and Hartford Accident and Indemnity shall respond to plaintiff TierOne Bank's First Set of Discovery Requests, (filing no. 36-2), on or before December 22, 2008. The telephonic planning conference before the undersigned magistrate judge is continued to January 9, 2009 at 9:00 a.m. Counsel for the plaintiff shall initiate the call. Ordered by Magistrate Judge David L. Piester. (GJG, )
December 23, 2008
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ORDER granting 39 Motion for Protective Order. Ordered by Magistrate Judge David L. Piester. (LKH)
March 30, 2009
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ORDER - Based upon the stipulation of the parties, filing no. 47, IT IS HEREBY ORDERED THAT: Rather than commencing on June 29, 2009 as previously set, the case is set for trial on July 9 and 10, 2009, on plaintiff's claims for interest and attorney fees. The deadline for the parties to file and serve their motions for summary judgment and their positions on the availability of jury trial on issues of interest and fees is extended to and including April 30, 2009. The deadline for plaintiff to disclose its expert witnesses is extended to and including April 20, 2009, and any such expert witness shall be made available for deposition prior to April 28, 2009. Ordered by Magistrate Judge David L. Piester. (LKH)
April 16, 2009
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ORDER - Defendants' motion for leave to file supplemental answer, filing no. 45, is granted. The supplemental answer shall be filed forthwith. Ordered by Magistrate Judge David L. Piester. (GJG)
April 29, 2009
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ORDER - Based upon the stipulation of the parties, filing 62, IT IS HEREBY ORDERED THAT: To the extent not resolved by the Court on motions for summary judgment, plaintiff's claims for prejudgment interest and reasonable attorneys fees will be decided by the Court without a jury. Defendants' designation of John Diaconis as an expert witness in this case is hereby stricken, which renders moot filing 57 plaintiffs, motion to strike, or in the alternative, to compel. Defendants did not, merely by reason of designating Mr. Diaconis as an expert witness, waive the attorney-client privilege or work product protection. This order does not extend to any other issue of waiver of privilege or work product. Ordered by Magistrate Judge David L. Piester. (GJG)
May 11, 2009
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ORDER regarding 71 Stipulation. Based upon the stipulation of the parties, IT IS HEREBY ORDERED THAT: The stipulation, filing no. 71, is approved and the deadline for plaintiff to take the deposition of defendant witness John Diaconis is extended to and including May 20, 2009. Ordered by Magistrate Judge David L. Piester. (LKH)
May 15, 2009
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ORDER - The parties' stipulation (filing 74), treated as a joint motion for an enlargement of time, is granted. Plaintiff shall have until May 29, 2009, to respond to Defendants' motion for summary judgment (filing 64). Defendants shall have until May 29, 2009, to respond to Plaintiff's motion for summary judgment (filing 67). Ordered by Judge Richard G. Kopf. (GJG)
June 17, 2009
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ORDER - The motion to withdraw filed by Jeffrey M. Paskert, James A. Black, Jr., and the Mills Paskert Divers law firm, (filing no. 93), is granted. Ordered by Judge Richard G. Kopf. (GJG)
August 24, 2009
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MEMORANDUM AND ORDER - The defendants' motion for summary judgment (filing 64) is denied. The plaintiff's motion for summary judgment (filing 67) is granted in part and denied in part, as follows: a. The plaintiff shall recover from the defendants as prejudgment interest the sum of $1,010,958.90. b. In all other respects the motion is denied. The plaintiff shall have until September 10, 2009, to file and serve a motion for attorney's fees with supporting brief and affidavit[s]. The defendants shall have until September 28, 2009, to respond to such motion. The plaintiff may reply on or before October 8, 2009. Entry of judgment shall be postponed pending disposition of such motion, which will be ripe for decision on October 9, 2009. Ordered by Judge Richard G. Kopf. (GJG)
December 8, 2009
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MEMORANDUM AND ORDER - The plaintiff's motion for attorney fees (filing 97) is granted in part and denied in part. The plaintiff shall recover from the defendants as attorney fees the sum of $216,408.49. In all other respects the motion is denied. Final judgment shall be entered be separate document. Ordered by Judge Richard G. Kopf. (GJG)
January 4, 2010
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ORDER - Pursuant to Federal Rule of Civil Procedure 62(b), that any execution by the plaintiff on the court's judgment entered on December 8, 2009 (filing 109), is stayed pending disposition of the defendants' Rule 59(e) motion to alter or amend judgment (filing 110), and for a period of ten (10) days thereafter. Pursuant to Federal Rule of Civil Procedure 62(d), that, in the event the court denies the defendants' Rule 59(e) motion, the defendants may obtain a stay of execution pending appeal by filing a supersedeas bond with acceptable surety, see Nebraska Civil Rule 65.1.1, in the amount of $1,250,000.00, within ten (10) days after the court has denied the Rule 59(e) motion. Ordered by Judge Richard G. Kopf. (JAB)
January 6, 2010
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MEMORANDUM AND ORDER - The parties have advised that they are in settlement negotiations, and have jointly requested a stay for a period of 30 days in which to conclude a settlement. All proceedings in this matter a stayed for a period of 30 days, and the plaintiffs deadline to respond to the defendants' Rule 59(e) motion (filing 110) is extended accordingly. Ordered by Judge Richard G. Kopf. (JAB)
February 1, 2010
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ORDER - The parties' joint motion to restrict access to unredacted documents (filing 117 ) is granted. The clerk of the court will make appropriate entries in the CM/ECF system to restrict access to the following confidential documents: filings 66-8, 66-10, 66-11, 66-12, 66-13, 66-14, 66-15, 66-16, 66-22, 66-23, 66-24, 66-29, 66-30, 66-31, 66-33, 66-35, 69-4, 69-5, 78-2, 88-2 and 88-3. The defendants' motion to dismiss appeal (filing 119) is granted. The clerk of the court will not process the defendants' notice of appeal (filing 113), which is deemed withdrawn. The defendants' motion to withdraw their motion to alter or amend and for stay of execution (filing 120) is granted. Filings 110 and 118 are withdrawn. The clerk of the court will close this case for statistical purposes. Ordered by Judge Richard G. Kopf. (GJG, )