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03-174 - Nebraska Beef, Ltd. v. United States Department of Agriculture


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03-174 - Nebraska Beef, Ltd. v. United States Department of Agriculture
April 29, 2005
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ORDER - The mandate of the United States Court of Appeals for the Eighth Circuit having been filed in the companion case of Nebraska Beef, Ltd. v. Greening, 8:03CV175, the parties shall have to on or before May 13, 2005, to file a status report detailing the current posture of this matter and a proposal for the further progression of this case. Signed by Magistrate Judge Thomas D. Thalken on 4/29/2005. (KBJ)
April 29, 2005
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STRICKEN - ORDER, The mandate of the United States Court of Appeals for the Eighth Circuit having beenfiled in the companion case of Nebraska Beef, Ltd. v. Greening, 8:03CV175, the parties shallhave to on or before May 13, 2005, to file a status report detailing the current posture of thismatter and a proposal for the further progression of this case. Status Report due by 5/13/2005. Signed by Judge Thomas D. Thalken on 4/29/2005. (PCV, ) Modified on 6/14/2005 to add the word "stricken" (PCV, ).
June 14, 2005
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ORDER striking document (Filing No. 49) as being a duplicate document of Filing No. 48. Signed by Magistrate Judge Thomas D. Thalken on 6/14/2005. (PCV, )
June 14, 2005
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ORDER that the plaintiff shall on or before September 1, 2005, file a joint status report detailing the current posture of this matter. ***Set Deadline for Status Report due by 9/1/2005. Signed by Magistrate Judge Thomas D. Thalken on 6/14/2005. (PCV, )
September 2, 2005
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ORDER regarding Status Report54 filed by Nebraska Beef, Ltd., the stay previously imposed in this case is continued until further order of the court; the parties shall on or before December 16, 2005, file a joint status report detailing the current posture of this matter. Signed by Magistrate Judge Thomas D. Thalken on 9/2/2005. (PCV, )
October 25, 2006
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ORDER that this matter is before the court on the parties Joint Status Report (Filing No. 68).The case had been stayed pending resolution of a writ for certiorari before the UnitedStates Supreme Court. Such matter has been resolved, and the matter is now ready toprogress. Accordingly, the stay is lifted and the parties shall on or before November 27,2006, meet, confer and report to the court in accordance with Federal Rule of CivilProcedure 26(f) planning requirements.Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
December 8, 2006
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IT IS ORDERED that: the defendant has to on or before January 15, 2007, in which to file a motion to dismiss; discovery in this matter is stayed pending a resolution of a motion to dismiss. Case Management Deadline to file a Motion to Dismiss set for 1/15/2007.Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
August 15, 2007
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MEMORANDUM AND ORDER - IT IS ORDERED that 1. Defendant USDA's renewed motion to dismiss plaintiff's amended complaint 77 is denied. 2. As set forth herein and by concession of the parties, Nebraska Beef's first claim, breach of settlement agreement, is dismissed without prejudice. Ordered by Judge Joseph F. Bataillon. (KBJ)
August 16, 2007
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ORDER - A telephone planning conference with the undersigned magistrate judge is scheduled for August 24, 2007, at 2:00 p.m. Central Daylight Time for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
August 24, 2007
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ORDER - On or before October 1, 2007, the defendant shall file the administrative records with regard to the Due Process claims and the Ultra Vires claims. Any motion for a protective order or motion to restrict discovery following the filing of the administrative records as set forth above, shall be filed on or before October 1, 2007. Any response to such motion shall be filed on or before October 11, 2007. Counsel for the parties shall participate a telephone planning conference with the undersigned magistrate judge at 10:00 a.m. Central Standard Time on October 12, 2007. Plaintiff's counsel shall initiate the telephone conference. Telephone Conference set for 10/12/2007 at 10:00 AM before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )
September 28, 2007
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ORDER granting 93 Motion to Extend; IT IS ORDERED: 1. The Defendants Unopposed Motion For Extension Of Time To File Motion For Protective Order And Administrative Records [Filing No. 93] is granted. 1. On or before October 15, 2007, the defendant shall file the administrative records with regard to the Due Process claims and the Ultra Vires claims. The administrative records shall be filed in an electronically searchable format unless good cause is shown that such format is not feasible. 2. Any motion for a protective order or motion to restrict discovery following the filing of the administrative records as set forth above, shall be filed on or before October 15, 2007. Any response to such motion shall be filed on or before October 25, 2007. 3. Counsel for the parties shall participate a telephone planning conference with the undersigned magistrate judge at 10:00 a.m. (Central Standard Time) on October 31, 2007, for the purpose of scheduling this matter for disposition. Plaintiffs counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )
November 1, 2007
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ORDER - IT IS ORDERED: Within ten (10) calendar days after the courts ruling on the defendants motion for a protective order regarding discovery (Filing No. 124), the plaintiff shall initiate a telephone conference with the undersigned magistrate judge in order to schedule this matter to trial.Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
May 16, 2008
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ORDER OF DISMISSAL - The Joint Stipulation for Dismissal 144, having come before the Court, is granted; it is hereby ORDERED that plaintiff's case is hereby dismissed without prejudice pursuant to Fed. R.Civ. P. 41(a)(1) and the parties shall bear their own fees, costs, and expenses. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)