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06-5015 - Rainbow Popcorn Company v. Intergrain Specialty Products et al


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06-5015 - Rainbow Popcorn Company v. Intergrain Specialty Products et al
July 21, 2006
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ORDER - Plaintiff's request for trial at North Platte is granted. Defendant's motion for trial in Omaha, incorporated in their answer, filing 11 and docketed as filing 17 is denied. Trial will be held in North Platte, Nebraska and the case calendared accordingly. Signed by Magistrate Judge David L. Piester on 7/21/2006. (GJG, )
September 19, 2006
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ORDER granting in part 25 Counter-Defendant, Rainbow Popcorn Co., Inc.'s Motion to Dismiss or in the Alternative, for More Definite Statement. Counter-Claimant Inter-Grain Specialty Products, LLC is given until October 2, 2006 to amend its counterclaim for fraud against Counter-Defendant, Rainbow Popcorn Co., Inc., in the absence of which Inter-Grain's fraud claim as set forth in Count IV of its counterclaim will be dismissed. Ordered by Magistrate Judge David L. Piester.(CRZ)
October 19, 2006
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ORDER granting 35 Defendant Inter-Grain Specialty Products, LLC's motion, filing 35, to dismiss without prejudice its fraud count contained within Count IV of its counterclaim is granted in accordance with counter-defendant Rainbow Popcorn Company's notice, filing 36. Ordered by Magistrate Judge David L. Piester.(CAR)
July 26, 2007
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ORDER granting 45 Motion to Continue. IT IS ORDERED, 1. The joint motion of the parties for continuance, filing 45,is granted. 2. The pretrial conference is continued from October 12, 2007 to January 16, 2008 at 11:00 a.m. in chambers, third floor, United States Post Office and Federal Building, 300 East 3rd Street, North Platte, Nebraska. 3. Jury trial is continued from October 29, 2007 to 1:00 p.m., February 11, 2008, for a duration of five trial days before the undersigned in the courtroom, third floor, United States Post Office and Federal Building, 300 East 3rd Street, North Platte, Nebraska. Jury selection will be held at commencement of trial. Ordered by Magistrate Judge David L. Piester.(JAB)
August 21, 2007
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MEMORANDUM AND ORDER - Counsel are given until the close of business on or before September 10, 2007 to confer by telephone or in person and then file (1) a joint, supplemental statement advising the court of the date, time, and means of conversing, and advising the court of which matters have been resolved and which remain for resolution by the court; and (2) supplemental briefs on those matters remaining in dispute, not to exceed fifteen pages each. Both motions shall be deemed submitted at the close of business on September 10, 2007. Ordered by Magistrate Judge David L. Piester. (CS, )
September 18, 2007
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MEMORANDUM AND ORDER - 1. Final ruling on the parties' motions to compel, filings 46 and 48, will be reserved until counsel notify the court that there remain disputes to be resolved. 2. A separate protective order will be entered.Ordered by Magistrate Judge David L. Piester. (CS, )
September 18, 2007
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PROTECTIVE ORDER regarding production of confidential documents.Ordered by Magistrate Judge David L. Piester. (CS, )
January 7, 2008
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ORDER by Magistrate Judge David L. Piester regarding 94 Suggestion of Bankruptcy; case is referred to the U.S. Bankruptcy Court; Clerk of the U.S. District Court shall close this case for statistical purposes; and Clerk of the U.S. District Court shall deliver, or send electronically, the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. (BMH)
February 15, 2008
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REPORT AND RECOMMENDATION from U.S. Bankruptcy Court to the United States District Court. I therefore respectfully recommend to the United States District Court for the District of Nebraska that it withdraw the reference of this adversary proceeding to go forward with the litigation. (Attachments: # (1) Transmittal Letter)Ordered by Thomas L. Saladino, U.S. Bankruptcy Judge. (JAB, )
March 7, 2008
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ORDER regarding REPORT AND RECOMMENDATION 96. The report and recommendation of the United States Bankruptcy Judge is adopted and the reference of this matter to the United States Bankruptcy Court is withdrawn. The parties shall confer and inform the undersigned within ten days of their views as to the further progression of this case and when this case can be ready for trial. Ordered by Magistrate Judge David L. Piester. (JAB)
March 18, 2008
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ORDER granting Status Report98 regarding progression of the case filed by Rainbow Grain Co., Inc., Intergrain Specialty Products, John Walthall, ALMCO, and Rainbow Popcorn Company. Ordered by Magistrate Judge David L. Piester. (JAB)
May 23, 2008
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MEMORANDUM AND ORDER regarding motions. 1. Defendants' motion to strike plaintiff's supplemental Rule 26 disclosure and expert witness designation, filing 66, is denied. 2. Plaintiff's motion to amend its complaint, filing 68, is granted, and a. The plaintiff shall file and serve its amended complaint, a copy of which is attached to its motion to amend, on or before May 30, 2008. 3. The motion to strike defendants' expert witness filed by the plaintiff and Third Party Defendant RainbowGrain Co., Inc, filing 72, is denied. 4. The motion to compel and for sanctions filed by the plaintiff and Third Party Defendant Rainbow Grain Co.,Inc, ((RP and RG), filing 80, is granted. Ordered by Magistrate Judge David L. Piester. (LKL)
August 14, 2008
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MEMORANDUM AND ORDER - 1. The plaintiff's objection to the defendants' untimely filing of a reply brief, filing 118, is denied, and defendants' reply brief has been considered in ruling on their motion to amend. 2. The motion to amend filed by defendants Inter-Grain Specialty Products, LLC, ALMCO, Inc., and John Walthall, filing 113, is denied. The court will progress this case forward to resolution. The parties are hereby notified that delays in that progression will not be tolerated absent a substantial showing of good cause. Ordered by Magistrate Judge David L. Piester. (JAB)
October 21, 2008
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ORDER denying 121 Motion for Reconsideration. Trial of this matter is set to commence at 1:30 p.m. on May 26, 2009 for a duration of eight trial days in the courtroom, third floor, United States Post Office and Federal Building, 300 East 3rd Street North Platte, Nebraska, before the undersigned magistrate judge. The pretrial conference will be held at 12:30 p.m., April 13, 2009 before a magistrate judge in chambers, third floor, United States Post Office and Federal Building, 300 East 3rd Street, North Platte, Nebraska. Ordered by Magistrate Judge David L. Piester. (JAB)
December 3, 2008
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ORDER granting 129 Stipulation. IT IS, THEREFORE, ORDERED, ADJUDED, AND DECREED that this matter is hereby DISMISSED, WITH PREJUDICE, each party to bear their own respective costs and fees. Ordered by Magistrate Judge David L. Piester. (LKL)