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04-269 - Anonymous v. Vella et al


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04-269 - Anonymous v. Vella et al
May 17, 2005
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MEMORANDUM AND ORDER granting 124 Motion to Extend. Disclosures and and discovery responses shall be served on or before May 20, 2005. The provisions of the Court's earlier, initial progression order remain in effect with addtional provisons set out in this order. Signed by Magistrate Judge David L. Piester on 5/17/2005. (GJG, )
May 17, 2005
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ORDER - A settlement conference is TENTATIVELY set before the undersigned with counsel and representatives of the parties on September 27, 2005 at 9:00 a.m. in chambers, 566 Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. The parties' representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference in accordance with this order. Settlement Conference set for 9/27/2005 09:00 AM in Chambers before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 5/17/2005. (GJG, )
May 23, 2005
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ORDER granting 133 Motion to Extend. Defendant Vella's motion for time, filing 133, is granted and the deadline for defendant Vella to make R. 26 disclosures and to respond to certain discovery requests is extended toMay 25, 2005. Signed by Magistrate Judge David L. Piester on 5/23/2005. (JAR)
May 24, 2005
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ORDER granting 134 Joint Stipulation. The deadline for Defendants to identify experts with full reports is continued until further order of this court. Signed by Magistrate Judge David L. Piester on 5/24/2005. (JAR)
June 10, 2005
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ORDER denying as moot 130 motion for default judgment against defendant New Hope Baptist Church. Signed by Judge Richard G. Kopf on 6/10/2005. (KLL, )
July 13, 2005
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ORDER granting 141 Motion to Withdraw as Attorney. The "withdrawal" of counsel for defendant Baptist Bible Fellowship International, construed as a motion to withdraw, is granted, effective upon the filing of a certificate of service or affidavit showing that a copy of this order has been served ondefendant Baptist Bible Fellowship International. Signed by Magistrate Judge David L. Piester on 7/13/2005. (GJG, )
July 29, 2005
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ORDER granting 145 Motion to Continue, granting 146 Motion to Continue. The motions by plaintiff and by defendant New Hope Baptist church to continue the deadline for summary judgment motions is granted. The deadline for filing motions for summary judgment is extended for 60 days. Signed by Magistrate Judge David L. Piester on 7/29/2005. (GJG, )
August 25, 2005
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David L. Piester on 8/25/2005. (GJG, )ORDER - The motion, filing 154 is granted in part, and the plaintiff's response to the motion for summary judgment 149 filed by Baptist Bible Fellowship International shall be filed on or before September 16, 2005. Signed by Magistrate Judge
September 8, 2005
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ORDER regarding Notice to Take Deposition161 filed by Anonymous, MOTION to Quash Rule 30(B)(6) Deposition162 filed by New Hope Baptist Church. The deposition is continued until the court has resolved the motion to quash. Signed by Magistrate Judge David L. Piester on 9/8/2005. (CAR, )
September 14, 2005
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MEMORANDUM AND ORDER granting 149 Motion for Summary Judgment filed by defendant Baptist Bible Fellowship International. Plaintiff's counsel orally represented to the court that Plaintiff desires that the court grant BBFI's motion and subsequently filed a response indicating that Plaintiff does not contest BBFI's motion. Therefore, BBFI's motion for summary judgment is granted and Plaintiff shall take nothing as against defendant BBFI. There being no just reason for delay, a Fed. R. Civ. P. 54(b) judgment shall be entered by separate order in favor of BBFI and against Plaintiff. Signed by Judge Richard G. Kopf on 9/14/2005. (JAR)
September 14, 2005
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ORDER granting 166 Motion to Extend. Plaintiff's motion for time, filing 166, is granted and plaintiff is given twenty-one (21) days to file a brief inopposition to the motion to quash deposition filed by defendant New Hope. Signed by Magistrate Judge David L. Piester on 9/14/2005. (JAR)
September 30, 2005
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MEMORANDUM AND ORDER - The motion in filing 180 is granted, and Plaintiff shall have until November 12, 2005 to file its response to Fellowship Baptist Church's motion for summary judgment. The motion in filing 186 is granted, and defendant Vella's joinder in the motions for summary judgment filed by the other two remaining defendants (filing 185) is deemed to be timely filed. Defendant Vella joins in the summary judgment motions in filings 171 and 183. The ripe date for Fellowship Baptist Church's motion for summary judgment to the date 5 days after November 12, 2005. Signed by Judge Richard G. Kopf on 9/30/2005. (JAR)
October 5, 2005
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MEMORANDUM AND ORDER that the motion in filing 189 is granted and the date forPlaintiff's brief to be filed in response to New Hope's motion for summary judgment (filing 183) is extended by 60 days. Signed by Judge Richard G. Kopf on 10/5/2005. (CS, )
October 7, 2005
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ORDER denying 162 Motion to Quash but without prejudice to reconsideration at such time as there is a complete record before the court to enable consideration of the facts asserted. Signed by Magistrate Judge David L. Piester on 10/7/2005. (GJG, )
October 17, 2005
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ORDER regarding Index196 filed by New Hope Baptist Church. The Clerk's Office shall strike Document Number 196 from the record. The party has advised the document will be re-filed with attachments. Signed by Judge Richard G. Kopf on 10/17/2005. (GJG, )
October 19, 2005
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ORDER ordering that: (1) The motion in 200 is granted to the extent it seeks an extension or clarification of the deadline for filing evidentiary materials supporting Plaintiff's Opposing Brief. Such evidentiary materials must be filed on 12/19/2005 or the date the Opposing Brief is actually served on Plaintiff, whichever is earlier. (2) The motion in 200 is otherwise denied. The deadline for submission of the Opposing Brief remains 12/19/2005. Signed by Judge Richard G. Kopf on 10/19/2005. (KLL, )
October 27, 2005
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ORDER regarding MOTION to Compel Discovery174 filed by Anonymous, that the plaintiff is given until November 1, 2005 to advise the court as whether the filing 174 motion to compel is fully resolved, and if not, file a statement outlining those issues remaining, in the absence of which the filing 174 motion to compel will be deemed abandoned. Signed by Magistrate Judge David L. Piester on 10/27/2005. (CAR, )
November 2, 2005
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MEMORANDUM AND ORDER signed by Magistrate Judge David L. Piester on 11/2/2005 that plaintiff's 174 Motion to Compel is denied; defendant Vella's Motions to Stay 194 208 plaintiff's motion to compel are denied as moot. (BMH)
November 30, 2005
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MEMORANDUM AND ORDER denying 214 Plaintiff's Motion for Leave to Amend Complaint. Signed by Magistrate Judge David L. Piester on 11/30/2005. (JAR)
May 15, 2006
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MEMORANDUM AND ORDER - The motions for summary judgment (by Fellowship, filing 171; by New Hope, filing 183; and by Gordon Vella, filing 185 (only on the question of the statute of limitations)) are granted in part and denied in part as follows: a. The motions for summary judgment made by Fellowship, New Hope and Gordon Vella on the issue of the statute of limitations are denied; and b. The motions for summary judgment made by Fellowship and New Hope are granted on the merits of the negligence claims. Yet to be determined is whether the statute of limitations was tolled on Plaintiff's tort claims against her father, and whether her father is liable to Plaintiff on the merits of those alleged torts. Those questions are for a jury to decide. A Fed. R. Civ. P. Rule 54(b) judgment for the two churches shall be entered by separate order. Signed by Judge Richard G. Kopf on 5/15/2006. (GJG, )
July 27, 2006
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ORDER - Defendant Vella's unopposed motion to continue the settlement conference, filing 233, is granted. The settlement conference, currently set for August 15, 2006, is continued. The settlement conference shall be held before the undersigned with counsel and representatives of the parties on September 18, 2006 at 9:00 a.m. in chambers, 566 Federal Building and UnitedStates Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. All other provisions of the court's prior settlement conference order, filing 227, remain in effect. Signed by Magistrate Judge David L. Piester on 7/27/2006. (GJG, )
December 6, 2006
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ORDER - Counsel's motion to withdraw, filing 238 is granted, effective upon the filing of a certificate of service or affidavit indicating that the plaintiff has been served with a copy of this order. Plaintiff is given twenty (20) days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance inhis behalf; (2) file a motion in this court for the appointment of counsel, setting forth his present financial status, and the reasons he believes counsel should be appointed; or (3) indicate, by pleading, that he will proceed in this case without counsel. If none of these actions is taken within the next twenty days, this case will be subject to dismissal. Ordered by Magistrate Judge David L. Piester.(GJG, )
December 6, 2006
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AMENDED ORDER - amending Order on Motion to Withdraw as Attorney 241. The motion of counsel for defendant Gordon Keene Vella to withdraw, filing 238, is granted, effective upon the filing of a certificate of service or affidavit indicating that defendant Gordon Keene Vella has been served with a copy of this order. Defendant Gordon Keene Vella is given twenty (20) days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance in his behalf; (2) file a motion in this court for the appointment of counsel, setting forth his present financial status, and the reasons he believes counsel should be appointed; or (3) indicate, by pleading, that he will proceed in this case without counsel. If none of these actions is taken within the next twenty days, this case will be subject to dismissal.Ordered by Magistrate Judge David L. Piester. (GJG, )
December 6, 2006
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SECOND AMENDED ORDER amending Order 242. The motion of counsel for defendant Gordon Keene Vella to withdraw, filing 238 is granted, effective upon the filing of a certificate of service or affidavit indicating that defendant Gordon Keene Vella has been served with a copy of this secondamended order. Defendant Gordon Keene Vella is given twenty (20) days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance in his behalf; (2) file a motion in this court for the appointment of counsel, setting forth his present financial status, and the reasons he believes counsel should be appointed;or (3) indicate, by pleading, that he will proceed in this case without counsel.Ordered by Magistrate Judge David L. Piester. (GJG, )
January 24, 2007
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ORDER. It is ordered that: (1) The motion for summary judgment 246 is denied; (2) The portion of filing 248 requesting additional time to respond to the motion for summary judgment is denied as moot; and (3) The portion of filing 248 requesting extension of the trial date is denied. Ordered by Judge Richard G. Kopf.(KLL, )
February 1, 2007
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file his response to the pending motion to compel, filing 250, on or before February 12, 2007. Ordered by Magistrate Judge David L. Piester.(GJG, )ORDER - Upon consideration of the defendant's motion for extension of time to disclose expert witnesses, AND other timing considerations, IT IS ORDERED: The motion, filing 257 is granted in part. Defendant Vella is given until close of business on February 23, 2007 to disclose ONE expert witness, making all disclosures provided for in Fed. R. Civ. P. 26(a)(2). Defendant shall make the expert witness disclosed pursuant to the previous subparagraph available fordeposition by plaintiff's counsel in Lincoln, Nebraska on or before March 9, 2007. The motion is denied in all other respects. IN ADDITION, ON THE COURT'S OWN MOTION, and in light of the limited time remaining before the trial, IT IS FURTHER ORDERED, Defendant shall
February 21, 2007
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ORDER - The motion to compel, filing 250, is granted in part, and the defendant shall serve his answers to the subject interrogatories within ten days. Plaintiff is awarded her expenses including reasonable attorney's fees in bringing this discovery matter to the court. Counsel shall confer and in the event they are unable to agree on the amount to be awarded or upon who should bear that expense as between defendant and his counsel, plaintiff's application for fees and expenses shall be filed, supported by appropriate affidavits on those questions, and further supported by brief within fourteen days of this order. Defendant shall have ten days thereafter to submit his response and file appropriate affidavits in opposition. In the event either side desires a hearing on this question, request therefor shall be made in the application or response, as applicable. In the absence of any response to this order by either plaintiff or defendant regarding the matter of fees and expenses, the sum of $400.00 will be awarded. Ordered by Magistrate Judge David L. Piester.(CS, )
March 2, 2007
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ORDER denying 271 motion for enlargement of time for trial. Ordered by Judge Richard G. Kopf.(KLL, )
March 2, 2007
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ORDER - Pursuant to the authority granted under NEGenR 1.1 (c), the deadlines for filing responses to these motions is accelerated as follows: a. Any response to the plaintiff's motion to strike the defendant's expert, filing 268, shall be filed on or before 5:00 p.m. on March 6, 2007. No reply brief shall be filed. b. Defendant's reply, if any, to the plaintiff's brief opposing defendant's motion to quash (filing 263) and motion for mental examination (filing 266), shall be filed on or before 5:00 p.m. on March 6, 2007.Ordered by Magistrate Judge David L. Piester. (CS, )
March 7, 2007
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MEMORANDUM AND ORDER - Plaintiff's motion to strike defendant's expert witness, Dr. J. Alexander Bodkin, filing 268, is granted. Defendant's motion for mental examination of the plaintiff, filing 266, is denied. Ordered by Magistrate Judge David L. Piester.(CS, )
March 13, 2007
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ORDER denying 263 Motion to Quash. Ordered by Magistrate Judge David L. Piester.(JAR)
March 29, 2007
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ORDER - The pretrial conference order 280 is amended to provide that the trial shall commence at 9:00 a.m. on Tuesday, April 24, 2007. Ordered by Magistrate Judge David L. Piester. (CS, )
April 12, 2007
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MEMORANDUM AND ORDER TO SHOW CAUSE and NOTICE OF HEARING. a. The defendant is ordered to show cause why he should not be held in contempt and/or sanctioned for failing to comply with the court's February 21, 2007 order, filing 265. b. A show cause hearing is set to commence before the Honorable Richard G. Kopf in Courtroom 1, Robert V. Denney Courthouse, 100 Centennial Mall North, Lincoln, Nebraska on April 20, 2007 beginning at 11:00 a.m. Both the defendant and his counsel shall personally attend this hearing. c. Counsel for the defendant, Craig C. Cunningham, is hereby ordered to promptly deliver a copy of this memorandum and order to the defendant. Ordered by Magistrate Judge David L. Piester. (CRZ)
April 20, 2007
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ORDER - IT IS ORDERED that: 1. Defense counsel's motion to withdraw (filing 284) is denied. 2. Ruling on Plaintiff's motion and amended motion for sanctions (filings 275, 278) is deferred until the time of trial, except that the court finds that Defendant has failed to comply with the court's order that was entered on February 21, 2007 (filing 265). 3. Defendant shall serve answers to Plaintiff's interrogatories in proper form, and without any objection, and shall file a certificate of service no later than 4:00 p.m. today. 4. Plaintiff's counsel shall be prepared to advise the court at the conference in chambers immediately prior to the start of trial on Tuesday, April 24, 2007, (a) whether Defendant has provided satisfactory answers to interrogatories, and (b) the reasonable amount of Plaintiff's attorney fees associated with the motion and amended motion for sanctions. Ordered by Judge Richard G. Kopf. (JAR)
April 24, 2007
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ORDER. It is ordered that: (1) Plaintiff may be referred to throughout trial as Amy Crane, although the case caption will not be modified. (2) Plaintiff's motion and amended motion for sanctions 275 278 are granted to the extent that Defendant shall pay Plaintiff attorney fees in the amount of $1,500.00 (to be included in the final judgment in this matter), but in all other respects are denied inasmuch as Plaintiff has complied with the court's previous order 289 by serving answers to interrogatories. (3) Because Defendant has filed no objections to Plaintiff's exhibits, the court will generally overrule any objection Defendant makes at trial to any exhibit, except that the court will consider objections regarding undue prejudice, and, further, that Plaintiff is directed not to offer any evidence regarding Defendant's financial condition as it relates to the question of punitive damages until such time as the court determines whether punitive damages may be awarded. (4) Because Defendant filed no objections to depositions by April 4, 2007, the court will consider only objections to the reading of depositions that relate to undue prejudice.(5) Plaintiff shall not present evidence of Defendant having an affair with an adult woman without first approaching the bench and getting a ruling.(6) If Defendant testifies, the court is inclined to give an adverse inference instruction regarding his previous invocation of his Fifth Amendment privilege against self-incrimination. Defendant may brief this issue, however. Plaintiff's counsel in his opening statement shall not mention Defendant's invocation of the Fifth Amendment, but may tell the jury that Defendant has never denied Plaintiff's allegations of abuse. (7) The court is inclined to rule that Defendant's prior conviction for indecent exposure is relevant, but Defendant may brief this issue. (8) A proposed "Daubert motion" by Defendant regarding testimony of Plaintiff's experts will not be viewed favorably by the court, inasmuch as the time for filing such a motion has long since passed.Ordered by Judge Richard G. Kopf. (KLL, )
April 24, 2007
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CORRECTED ORDER. Same order as 294 except corrected "Crane" to "Craine". Ordered by Judge Richard G. Kopf. (KLL, )
April 30, 2007
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MEMORANDUM AND ORDER. It is ordered that Plaintiff's claim for punitive damages is denied as a matter of law. Ordered by Judge Richard G. Kopf. (KLL, )
May 30, 2007
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ORDER. It is ordered that Defendant's "motion for new trial and motion for judgment notwithstanding the verdict" 324, treated as a renewed motion for judgment as a matter of law under Fed. R. Civ. P. 50(b), and also as a motion for a new trial under Fed. R. Civ. P. 59, is denied in all respects. Ordered by Judge Richard G. Kopf.(KLL, )
June 26, 2007
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ORDER that Defendant's "motion to stay order of judgment" (filing 338), which the court construes as a motion for stay of execution without bond, is denied. Ordered by Judge Richard G. Kopf.(CS, )
July 10, 2007
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ORDER - The Judgment Debtor's request for hearing, filing 344, is granted and the matter shall be heard before the undersigned on July 26, 2007 at 10:30 a.m. in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester.(CS, )
July 16, 2007
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ORDER - The Judgment Debtor's request for hearing, filing 350, is granted and the matter shall be heard before the undersigned on July 26, 2007 at 10:30 a.m. in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester.(CS, )
July 20, 2007
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ORDER granting 356 Motion for Hearing. IT IS ORDERED: The Judgment Debtor's request for hearing, filing 356, is granted and the matter shall be heard before the undersigned on July 26, 2007 at 10:30 a.m. in Courtroom 2, United StatesCourthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester.(JAB)
August 15, 2007
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VACATED - ORDER regarding pending Motions. IT IS ORDERED: 1. The motion to withdraw filed by attorney Craig C. Cunningham, filing 389, is granted. 2. The motion to withdraw motion for judgment, filing 387, is granted, and the motion for judgment against garnishee, filing 368, is deemed withdrawn. 3. Plaintiff's motion for order directing garnishee to pay monies into the court, filing 386, is granted. Garnishee CB Richard Ellis Inc. shall pay to the court for distribution to the plaintiff the sum of $288.46. Further, pursuant to Neb. Rev.Stat. ยง 25-1056, the garnishment is a continuing lien against the non-exempt earnings of the judgment debtor and shall continue for a period of ninety days from August 7, 2007. The interrogatories previously served shall be deemed continuing, and the garnishee shall file answers for them as applicable for eachensuing pay period, and the non-exempt wages, including commissions, shall be paid into the court for each such pay period until expiration of this order. Ordered by Magistrate Judge David L. Piester. (Copy to Financial)(JAB) Modified on 12/21/2007 - Vacated pursuant to order 437 (CS, ).
October 9, 2007
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ORDER - Plaintiff's unopposed motion for leave to amend brief (filing 406) is granted, as follows: 1. On or before October 12, 2007, Plaintiff shall file and serve an amended brief in the form attached to the motion as Exhibit A. 2. Defendant shall have until October 29, 2007, to respond to the amended brief. 3. Plaintiff's previously filed brief (filing 400) is stricken. Ordered by Judge Richard G. Kopf.(CS, )
October 9, 2007
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AMENDED ORDER regarding Order on Motion to Amend, 407. IT IS ORDERED that DefendanT's unopposed motion for leave to amend brief (filing 406) is granted, as follows: 1. On or before October 12, 2007, Defendant shall file and serve anamended brief in the form attached to the motion as Exhibit A. 2. Plaintiff shall have until October 29, 2007, to respond to the amended brief. 3. Defendant's previously filed brief (filing 400) is stricken.Ordered by Judge Richard G. Kopf. (JAB)
November 1, 2007
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ORDER that Defendant's unopposed motion for enlargement of time (filing 420) is granted, and Defendant shall have until November 19, 2007, to file a reply brief in support of Defendant's motion for relief from judgment (filing 399). Ordered by Judge Richard G. Kopf. (CS, )
November 19, 2007
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ORDER granting 424 Motion to Extend Time. IT IS ORDERED that Defendant's unopposed motion for an enlargement of time (filing 424) is granted, and Defendant shall have until November 30, 2007, to file a reply in support of his motion for relief from judgment (filing 399). Ordered by Judge Richard G. Kopf. (JAB)
December 12, 2007
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MEMORANDUM AND ORDER - The defendant has filed a notice of conditional withdrawal of defendant's Rule 60 motion (filing 430). The defendant wishes to know whether I am inclined to grant plaintiff's motion to vacate judgment and verdict and to dismiss with prejudice (filing 429). I am inclined to grant the plaintiff's motion. Therefore, IT IS ORDERED that the defendant shall promptly notify me when I have jurisdiction to grant the plaintiff's motion, in light of the fact that jurisdiction currently resides with the Court of Appeals.Ordered by Judge Richard G. Kopf. (CS, )
December 14, 2007
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ORDER GRANTING PLAINTIFF'S RULE 60(B) MOTION AND DISMISSING WITH PREJUDICE - I find that the motion429 shall be granted and that the Court has jurisdiction to enter such an order following the Court of Appeals' remand for the purpose of entering such an order. IT IS ORDERED that the Judgment (Filing No. 313) and the Jury Verdict (Filing No. 317) are vacated pursuant to Fed. R. Civ. P. 60(b). IT IS FURTHER ORDERED that the above-captioned matter is hereby dismissed with prejudice, with each party to bear its own costs. Ordered by Judge Richard G. Kopf. (JAB)
December 21, 2007
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ORDER - Garnishee's motion, filing 431, to set aside garnishment order is granted and the order dated August 15, 2007, filing 390, is vacated and set aside. Ordered by Magistrate Judge David L. Piester. (CS, )
December 12, 2008
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED. Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for defendant shall either 1) withdraw the following exhibits previously submitted in this matter within 15 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. If counsel fails to withdraw these exhibits as directed or to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the listed exhibits without further notice to the parties or order from the court. Ordered by Judge Richard G. Kopf. (SED)