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14-3233 - Mansfield et al v. Federal Land Bank of Omaha et al


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14-3233 - Mansfield et al v. Federal Land Bank of Omaha et al
December 23, 2014
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MEMORANDUM AND ORDER - The motion to withdraw filed by Amanda Vogel and David P. Broderick, as counsel of record for Plaintiffs Calvin M. Mansfield and Sandra K. Mansfield, (filing no. 14), is granted. On or before January 20, 2015, Plaintiffs shall either: (a) obtain the services of counsel and have that attorney file an appearance in this case; or (b) file a statement notifying the court of their intent to litigate this case without the assistance of counsel. The failure to do so may result in a dismissal of Plaintiff's claims without further notice. Attorneys Amanda Vogel and David P. Broderick shall promptly mail a copy of this order to Plaintiffs, and file a certificate of service stating the date and the manner of service, and the name and address served. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
January 21, 2015
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MEMORANDUM AND ORDER granting (6) Motion to Consolidate Cases in case 8:15-cv-00026-RGK-CRZ. The following cases are consolidated for all stages of the case prior to appeal, including trial: 8:15cv26, Rice v. Federal Land Bank of Omaha, et al., 4:14cv03232, Mansfield v. Federal Land Bank of Omaha, et al., 4:14cv03233, Mansfield v. Federal Land Bank of Omaha, et al. 4:14cv03232, Mansfield v. Federal Land Bank of Omaha, et al. is hereby designated as the "Lead Case," and 4:14cv03233, Mansfield v. Federal Land Bank of Omaha, et al. and 8:15cv26, Rice v. Federal Land Bank of Omaha, et al. are designated as "Member Cases." The court's CM/ECF System has the capacity for spreading text among consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Cases. To this end, the parties are instructed to file in the Lead Case, 4:14cv03232, Mansfield v. Federal Land Bank of Omaha, et al. all further documents except those described in paragraph 4 and to select the option "yes" in response to the System's question of whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; to file items related to service of process; or to file notices of appeal. If a party believes that an item in addition to those described in paragraph 4 should not be filed in both of these consolidated cases, the party must move for permission to file the item in only one of the cases. The motion must be filed in both of the consolidated cases using the spread text feature. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
April 17, 2015
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FINDINGS AND RECOMMENDATION regarding MOTION to Remand (19 in 4:14-cv-03233-RGK-CRZ), MOTION to Remand (16 in 4:14-cv-03232-RGK-CRZ), MOTION to Remand (18 in 4:14-cv-03233-RGK-CRZ), MOTION to Remand (8 in 8:15-cv-00026-RGK-CRZ). IT THEREFORE HEREBY IS RECOMMENDED to Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. § 636(b), that Plaintiffs' respective Motions for Remand, (Filing No. 16 in case no. 4:14cv3232, Filing Nos. 18 and 19 in case no. 4:14cv3233, and Filing No. 8 in case no. 8:15cv00026), be denied. The Plaintiffs are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. Member Cases: 4:14-cv-03232-RGK-CRZ, 4:14-cv-03233-RGK-CRZ, 8:15-cv-00026-RGK-CRZ. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
July 28, 2015
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MEMORANDUM AND ORDER - The magistrate judge's findings and recommendation (filing no. 25 in case no. 4:14CV3232; filing no. 29 in case no. 4:14CV3233; filing no. 15 in case no. 8:15CV26) are adopted. The plaintiffs' objections (filing no. 26 in case no. 4:14CV3232; filing no. 30 in case no. 4:14CV3233; filing no. 16 in case no. 8:15CV26) are denied. The plaintiffs' motions to remand (filing no. 16 in case no. 4:14CV3232; filing nos. 18 and 19 in case no. 4:14CV3233; filing no. 8 in case no. 8:15CV26) are denied. The plaintiffs in case nos. 4:14CV3232 and 4:14CV3233 shall respond to the defendants' motions for judgment on the pleadings (filing no. 11 in case no. 4:14CV3232; filing no. 8 in case no. 4:14CV3233) on or before August 21, 2015. The defendants may reply within 7 days after filing and service of the plaintiffs'responses. Member Cases: 4:14-cv-03232-RGK-CRZ, 4:14-cv-03233-RGK-CRZ, 8:15-cv-00026-RGK-CRZ. Ordered by Senior Judge Richard G. Kopf. (SLP)
August 25, 2015
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ORDER - 1) Defendants' motion for leave to file a counterclaim, (4:14CV3232, Filing No. 33; 4:14CV3232, Filing No. 37; 8:15CV26, Filing No. 23), is granted.2) Defendants' counterclaim, a copy of which is attached to their motion, shall be filed on or before September 2, 2015. Member Cases: 4:14-cv-03232-RGK-CRZ, 4:14-cv-03233-RGK-CRZ, 8:15-cv-00026-RGK-CRZ. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 25, 2016
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MEMORANDUM AND ORDER - In Case No. 4:14CV3232, Defendants' first motion for judgment on the pleadings 11 is granted, and Plaintiffs' action is dismissed with prejudice. Plaintiffs' motion for judgment on the pleadings 36 is denied. Defendants' counterclaim is dismissed without prejudice, as moot. Defendants' second motion for judgment on the pleadings 45 is denied without prejudice, as moot. Final judgment shall be entered by separate document. In Case No. 4:14CV3233, Defendants' first motion for judgment on the pleadings 8 is granted, and all claims alleged by Plaintiffs against Defendants Federal Land Bank of Omaha, Farm Credit Bank of Omaha, and AgriBank, FCB, are dismissed with prejudice. Plaintiffs' motion for judgment on the pleadings 40 is denied. Defendants' counterclaim is dismissed without prejudice, as moot. Defendants' second motion for judgment on the pleadings 49 is denied without prejudice, as moot. Pursuant to Federal Rule of Civil Procedure 54(b), with the court finding no just reason for delay, final judgment shall be entered by separate document regarding all claims alleged against the banks. Pursuant to 28 U.S.C. § 1367(c)(3), this case is remanded to the District Court of Dawes County, Nebraska (Case No. CI 14-103). In Case No. 8:15CV26, Plaintiff's motion for judgment on the pleadings 26 is denied. Defendants' first motion for judgment on the pleadings 29 is granted, and Plaintiff's action is dismissed with prejudice. Defendants' counterclaim is dismissed without prejudice, as moot. Defendants' second motion for judgment on the pleadings 38 is denied without prejudice, as moot. Final judgment shall be entered by separate document. Member Cases: 4:14-cv-03232-RGK-CRZ, 4:14-cv-03233-RGK-CRZ, 8:15-cv-00026-RGK-CRZ. Ordered by Senior Judge Richard G. Kopf. (SLP)