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04-318 - King v. West


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04-318 - King v. West
May 4, 2005
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ORDER granting 99 and 100 Motion to Compel. Plaintiff identified on Exhibit 2 of the Index of Evidence in support of Defendant's Motion to Compel shall provide sworn responses to Defendant's Interrogatories and Request for Production to Each Consenting Plaintiff, Set I and Defendant's Amended Interrogatories and Request for Production, Set II as soon as possible, but no later than July 1, 2005. The claims of any individual plaintiff does not respond to Defendant's discovery requests as set forth above by July 1, 2005 may be dismissed. The claims of individual plaintiffs listed in the order are hereby dismissed with prejudice. Deadline for Defendant to designate experts and produce expert reports is extended from 4/15/2005 to 5/22/2005. Signed by Magistrate Judge David L. Piester on 5/4/2005. (GJG, )
June 1, 2005
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ORDER granting 104 Motion to Extend. Jury Trial is continued to 9:00 a.m. 11/28/2005 for a duration of ten days before Judge Richard G. Kopf in the Special Proceedings Courtroom, Omaha, Nebraska. Trial is subject to disposition of other criminal and civil matters as set out in this order. Pretrial Conference will be held 11/17/2005 at 11:00 a.m. before Magistrate Judge David L. Piester in the chambers of the Special Proceedings Courtroom, Omaha, Nebraska. Deposition Deadline is continued to 11/5/2005. Other deadlines are set out in the order as requested in the parties' motion. All other provisions of the court's order setting this case for trial that are not in conflict with this order shall remain in effect. Signed by Magistrate Judge David L. Piester on 6/1/2005. (GJG, )
July 28, 2005
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ORDER granting 106 Motion to Extend. This case will be tried in Lincoln, Nebraska before Judge Kopf on March 20, 2006 for ten (10) trial days. The remaining pretrial deadlines in the case have been extended to the new deadlines as set out in this order. Final Pretrial Conference is February 16, 2006 at 9:00 a.m. Signed by Magistrate Judge David L. Piester on 7/28/2005. (GJG, )
July 28, 2005
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ORDER granting 107 Motion to Dismiss Party. It is therefore ordered that the claims of the Plaintiffs listed below are hereby dismissed with prejudice:Tiffany Barbour, Tony Bombardiere, Marlon Cotton, Daiva Daraskaite, Christine Douglas, Sharif R. El-Kachouti, Garrett Eure, Cameron Gregory, Bruce E. Jefferies, Kathy Prince, Brent Raymond. Signed by Magistrate Judge David L. Piester on 7/28/2005. (GJG, )
July 28, 2005
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AMENDED ORDER - This amends filing 108 Order on Motion to Extend. The amended order corrects the date of the deadline of Identification of Trial Exhibits, Deposition Testimony, and Motions in Limine from January 20, 2005 to January 20, 2006. Signed by Magistrate Judge David L. Piester on 7/28/2005. (GJG, )
October 7, 2005
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ORDER regarding 114 Motion to Compel. The motion to compel and request for oral argument, filing 114, are denied as moot. Signed by Magistrate Judge David L. Piester on 10/7/2005. (JAR)
November 1, 2005
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a.m. and the trial is March 20, 2006. (BMH)AMENDED SCHEDULING ORDER signed by Magistrate Judge David L. Piester on 11/1/2005 granting 124 Motion to Extend; the Daubert and certification briefing deadlines have been extended as requested in the motion; pretrial conference is 2/16/06 at 9:00
December 1, 2005
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MEMORANDUM AND ORDER The defendant's motion to stay the summary judgment proceedings, filing 142, is granted, and accordingly, the defendant's motion to extend the summary judgment deadline, filing 134, is denied as moot.Within fifteen days after Magistrate Judge Piester rules on the class certification issue, the parties shall meet and confer regarding the progression of the case, including the deadline for filing summary judgment motions, and shall either jointly or, if an agreement cannot be reached, severally file a report outlining the scheduling deadlines to be entered for final resolution of the case. Signed by Magistrate Judge F. A. Gossett on 12/1/2005. (CS, )
December 21, 2005
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MEMORANDUM AND ORDER that plaintiffs' 126 motion to exclude portions of expert testimony is denied. Defendant's motion to strike portion of proposed testimony of Plaintiff's expert David D. Jones (filing 128) is granted in part and denied in part, as follows: a. Plaintiffs shall not be allowed to offer into evidence the bar graph and distribution chart that were produced on November 7, 2005 (filing 130, Exhibit 1, at 6-11); and b. In all other respects, the motion is denied. Signed by Judge Richard G. Kopf on 12/21/2005. (CS, )
December 21, 2005
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MEMORANDUM AND ORDER that plaintiffs' statement of appeal (filing 152) is denied. The Magistrate Judge's order entered on December 1, 2005 (filing 149),is sustained and shall not be disturbed. Signed by Judge Richard G. Kopf on 12/21/2005. (CS, )
January 13, 2006
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REPORT AND RECOMMENDATION to Judge Kopf that the plaintiff's MOTION for Limited Decertification and Transfer, and Motion for Bifurcation of Trial 131 be denied, and that defendant's MOTION to Reject Certification of Collective Action 135 be granted signed by Magistrate Judge David L. Piester on 1/13/2006. (SED)
January 13, 2006
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MEMORANDUM AND ORDER denying the parties Joint Motion to Extend 166; setting aside paragraph 2 of the order set forth in filing 149; setting summary judgment motion deadline for February 2, 2006, with any responsive briefsand/or evidence filed on or before February 21, 2006; and continuing the pretrial conference to March 10, 2006 at 9:00 a.m. Signed by Judge David L. Piester on 1/13/2006.(SED)
January 23, 2006
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ORDER granting Oral Motion of parties' to modify the progression schedule. Schedule modified as stated herein. Signed by Magistrate Judge David L. Piester on 1/23/2006. (JAR)
February 7, 2006
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MEMORANDUM AND ORDER. It is ordered that: (1) The Magistrate Judge's report and recommendation 167 is adopted; (2) Defendant's motion to reject certification of collective action 135 is granted; and (3) Plaintiff's motion for limited decertification and transfer, and motion for bifurcation of trial 131 is denied. Signed by Judge Richard G. Kopf on 2/7/2006. (KLL, )
February 21, 2006
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SETTLEMENT ORDER. It is ordered that: (1) Within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court (and provide a copy to the magistrate judge and to United States District Judge Richard G. Kopf, the trial judge to whom this case is assigned), together with submitting to the trial judge a draft order which will fully dispose of the case; (2) Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice; (3) This case is removed from the court's 3/20/2006 trial docket upon representation by the parties that the case has settled.***Dismissal Papers Deadline due by 3/21/2006; termed 3/10/2006 Pretrial Conference; termed 3/20/2006 trial date. Signed by Judge Richard G. Kopf on 2/21/2006. (KLL, )
March 24, 2006
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JUDGMENT granting 181 Joint Stipulation. Upon the parties' joint stipulation and motion for dismissal, this matter is dismissed with prejudice, each party to bear his or its own costs, complete record waived. Signed by Judge Richard G. Kopf on 3/24/2006. (JAR)