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01-027 - Shimitz, et al v. IBP, Inc.


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01-027 - Shimitz, et al v. IBP, Inc.
May 4, 2005
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MEMORANDUM AND ORDER the MOTION for Certificate of Appealability on Interlocutory Appeal of Various Orders 392 filed by Rick Shimitz, Darcey Shimitz, Chad Schroederis granted in part and denied in part, consistent with this Memorandum and Order. Signed by Judge Laurie Smith Camp on 5/4/2005. (ETC)
May 4, 2005
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AMENDED MEMORANDUM AND ORDER The Plaintiffs' Statement of Appeal 342 is denied; The Order of Magistrate Judge F.A. Gossett, III, dated December 10, 2004,denying the Plaintiffs' Motion for Relief from Court's Progression Orders andto Change Designation of Certain Experts 319 is affirmed; and Because this Court is of the opinion that this Amended Memorandum andOrder involves a controlling question of law as to which there is substantialground for difference of opinion and that an immediate appeal from the ordermay materially advance the ultimate termination of the litigation, the Plaintiffsmay take an appeal from this Amended Memorandum and Order. Signed by Judge Laurie Smith Camp on 5/4/2005. (ETC)
May 4, 2005
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AMENDED MEMORANDUM AND ORDER The Defendant's Motion in Limine 270 is granted in part and denied in part as follows:(A) Dr. Ammann may testify regarding the nature and effects of hydrogensulfide gas and may offer her opinion that certain symptoms andinjuries allegedly suffered by the Plaintiffs are "consistent with" or "inkeeping with" exposure to such gas at certain levels and for certainintervals of time;(B) Dr. Ammann may not offer an opinion that any of the Plaintiffs'symptoms or injuries were caused by exposure to hydrogen sulfidegas, to any degree of probability or certainty; and(C) Dr. Ammann may not offer an opinion based on statements or recordsof the Plaintiffs' rebuttal witnesses who were not listed among herreferences in her initial report of expert opinion; and Because this Court is of the opinion that this Amended Memorandum andOrder involves a controlling question of law as to which there is substantialground for difference of opinion and that an immediate appeal from theamended memorandum and order may materially advance the ultimatetermination of the litigation, the Plaintiffs may take an appeal from thisAmended Memorandum and Order. Signed by Judge Laurie Smith Camp on 5/4/2005. (ETC)
July 14, 2005
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ORDER CONTINUING TRIAL AND STAYING CASES PENDING APPEAL The Joint Motion to Continue Trial and for Stay Pending Outcome of Related Appeal is granted (8:00CV529, Filing No. 414; 8:00CV530, Filing No. 386;8:00CV531, Filing No. 391; 8:00CV532, Filing No. 387; 8:00CV533, Filing No.394; 8:00CV534, Filing No. 392; 8:00CV535, Filing No. 390; 8:00CV536,Filing No. 385; 8:00CV537, Filing No. 388; 8:01CV27, Filing No. 402;8:01CV28, Filing No. 377; 8:02CV293, Filing No. 317); The Clerk is directed to strike from Case No. 8:00CV531, Filing No. 390 as duplicative of Filing No. 391; and The cases are stayed pending the outcome of the Marmo appeal and further order of this Court. Signed by Judge Laurie Smith Camp on 7/14/2005. (DKM, )
October 17, 2006
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TRIAL ORDER. The following cases are no longer stayed and will be called for trial beginning TUESDAY, FEBRUARY 6, 2007, before Judge Laurie Smith Camp and a jury, in the order listed: (1) 8:00CV529, Larson v. IBP; (2) 8:00CV530, Carter v. IBP; (3) 8:00CV531, Modlin v. IBP; (4) 8:00CV532, Twyford v. IBP;(5) 8:00CV533, Modlin v. IBP; (6) 8:00CV53, Frederick v. IBP; (7) 8:00CV535, Krause v. IBP; (8) 8:00CV536, Wolf v. IBP; (9) 8:00CV537, Krogh v. IBP;(10) 8:01CV027, Shimitz v. IBP; (11) 8:01CV028, Spirk v. IBP;(12) 8:02CV293, Fish v. IBP. A STATUS CONFERENCE with the undersigned magistrate judge will be held on THURSDAY, NOVEMBER 9, 2006 at 1:30 p.m. in chambers, Room 2210, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, to discuss the preparation of the cases for trial and the possibility of settlement. At least one attorney for the plaintiffs and one attorney for the defendant shall attend the conference in person.Ordered by Magistrate Judge F. A. Gossett. (CLS, )
November 9, 2006
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ORDER regarding 409 the Motion to Reinstate Dr. Kaye Kilburn, M.D., as an Expert Witness and to Supplement Dr. Kilburn's Expert Reports. The Plaintiffs shall submit a Supplemental Statement, as set forth within the order, consisting of no more than three pages relating to the motion to Reinstate Kaye Kilburn, M.D. The Supplemental Statement shall be filed on or before November 15, 2006; and Defendant's response to the Motion to Reinstate Dr. Kaye Kilburn and to Supplement shall be filed on or before November 29, 2006. Ordered by Judge Laurie Smith Camp.(MKR )
November 14, 2006
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ORDER RE: TRIAL PREPARATION (Civil Jury Trial). Ordered by Judge Laurie Smith Camp. (JB)
November 22, 2006
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ORDER granting 416 Joint Oral Motion to schedule a settlement conference, set for 12/9/2006 at 9:00 a.m., before the undersigned magistrate judge, in Dakota City, Nebraska. See order for specific conference instructions. Ordered by Magistrate Judge F. A. Gossett. (ARL,)
January 10, 2007
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MEMORANDUM AND ORDER that the Plaintiff's Motion for Leave to Take Deposition of Dr. Harriet Ammann for Use at Trial 423 is granted in part and denied in part as follows: Plaintiff's motion is granted such that they may take the deposition of Dr. Harriet Ammann and denied to the extent it seeks a ruling on the deposition's admissibility at the remaining trials. Ordered by Judge Laurie Smith Camp. (MKR )
January 18, 2007
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MEMORANDUM AND ORDER Plaintiffs' Motion in Limine to use Prior Trial Testimony and Exhibits 426 is denied in all respects. Ordered by Judge Laurie Smith Camp.(JAE, )
April 20, 2007
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ORDER. This matter is before the court for the scheduling of a final pretrial conference in preparation for the jury trial set the week of July 16, 2007 before the Honorable Laurie Smith Camp. The final pretrial conference with the undersigned magistrate judge is set for Thursday, June 7, 2007 at 9:00 A.M. Counsel shall submit to chambers their proposed Order on Final Pretrial Conference no later than June 1, 2007. Ordered by Magistrate Judge F. A. Gossett. (ARL,)
May 30, 2007
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MEMORANDUM AND ORDER requiring the Plaintiffs to file an affidavit relative to the age and military service of Chad Schroeder. Ordered by Judge Laurie Smith Camp. (POK)
June 5, 2007
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ORDER denying 432 the Plaintiffs' motion for reconsideration of the order excluding Dr. Kilburn from testifying in Plaintiffs' case in chief; denying 441 the Plaintiffs' motion for partial summary judgment based on collateral estoppel; denying 444 the Plaintiffs' motion for reconsideration of the Memorandum and Order on the Defendant's statute of limitations defense; granting 450 the Defendant's motion for leave to take the deposition of Rick Shimitz out of time, and the deposition shall be completed on or before July 11, 2007; and if the deposition of Rick Shimitz is not taken on or before July 11, 2007, for any cause other than the Defendant's decision not to proceed, then on or before July 13, 2007, the Plaintiffs shall show cause why the deposition was not given and whether Rick Shimitzs whereabouts are known. Ordered by Judge Laurie Smith Camp. (JB)
June 12, 2007
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MEMORANDUM AND ORDER - The Defendant's Motion to Substitute the Real Party in Interest 452 is granted. The Clerk is directed to remove the natural guardian, parent and next friend designations attributed to Plaintiffs Rick Shimitz and Darcey Shimitz on behalf of Chad Schroeder, and the caption of this case will reflect that Chad Schroeder will proceed in his individual capacity. The Plaintiffs are directed to keep Defendant's counsel and the Court apprised of the developments relating to Plaintiff Chad Schroeder's request of his commanding officer for leave to attend the trial of this case. The Unopposed Motion to Continue Trial 461 is granted, and the trial previously scheduled to commence on July 17, 2007, is continued indefinitely until further order of the Court. Ordered by Judge Laurie Smith Camp.(JAE, )
February 27, 2008
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ORDER that the motion to withdraw as counsel for plaintiff Rick Shimitz only 470 is granted; plaintiff Rick Shimitz is no longer represented in this matter by the law firms of Croker, Huck, Kasher, DeWitt, Anderson&Gonderinger, L.L.C., and the Resolution Law Group, P.C. and their lawyers, and the Clerk shall make the necessary adjustment to the docket; within 15 days of the date of this order, Plaintiff Rick Shimitz must either enter his appearance pro se in writing or provide a written substitution of counsel; plaintiff Rick Shimitz's failure to comply with paragraph 3 of this order may result in dismissal of his claims against the defendant; the law firms of Croker, Huck, Kasher, DeWitt, Anderson&Gonderinger, L.L.C., and the Resolution Law Group, P.C. and their lawyers continue to represent Plaintiffs Darcey Shimitz and Chad Schroeder; having been notified by Plaintiffs' counsel that the Plaintiff Chad Schroeder is expected to return to the United States next month to continue his military service, within 30 days of this order, plaintiff Chad Schroeder shall file an affidavit stating his intention to proceed, or not, as a plaintiff in his individual capacity in this matter; the Clerk of the Court is directed to mail a copy of this order directly to RickShimitz at the address provided in the motion's certificate of service: RickShimitz, 1435 Miracle Way, Apt. #13, El Paso, Texas, 79925. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(CJP)
March 28, 2008
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ORDER denying 474 the Plaintiff Chad Schoeder's Motion to Extend. The Court will dismiss the claims of the Plaintiff Chad Schroeder on April 11, 2008, for a failure to prosecute and failure to comply with the Courts Ordersunder Fed. R. Civ. P. 41(b), unless before that date he makes a good faithshowing as to why he should be permitted to pursue this action; and Pursuant the Courts Order of February 27, 2008 (Filing No. 473), and Fed.R. Civ. P. 41(b), the claims of Rick Shimitz are dismissed. Ordered by Judge Laurie Smith Camp. (MKR)
April 18, 2008
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ORDER that Plaintiff Chad Schroeder's claims have been preserved by the filing of the Affidavit of Chad Schroeder 477; this matter shall proceed in accordance with the Trial Order 478. Ordered by Judge Laurie Smith Camp. (CJP)
April 21, 2008
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ORDER granting 479 Motion for Leave to depose plaintiff, Chad Schroeder. Pursuant to NECivR 72.2, a party may appeal this order by filing an "Appeal ofMagistrate Judge's Order" within ten (10) days after being served with the order. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 9, 2008
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ORDER - Upon notice of settlement, the parties shall file a joint stipulation for dismissal on or before June 9, 2008. All case progression deadlines and/or hearings are hereby terminated and cancelled upon the representation that this case is settled. ( Dismissal Papers Deadline due by 6/9/2008.) Ordered by Judge Laurie Smith Camp. (JAE, )
June 4, 2008
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ORDER - The Joint Motion for Dismissal with Prejudice 513 is granted, andthe relief requested therein is granted. The Complaint and all claims in this matter are dismissed with prejudice. The parties will pay their own costs and attorney fees. Ordered by Judge Laurie Smith Camp. (JAE, )