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05-015 - Dahlgren et al v. First National Bank of Holdrege


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05-015 - Dahlgren et al v. First National Bank of Holdrege
May 13, 2005
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ORDER granting 31. The plaintiffs unopposed Motion for Leave to File Amended Complaint is granted. The plaintiffs shall file their amended complaint, a copy of which is attached to filing 31 on or before May 18, 2005. Amended Complaint due by 5/18/2005. Signed by Magistrate Judge David L. Piester on 5/13/2005. (GJG, )
June 10, 2005
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ORDER granting 47 Motion for Leave to depose Dennis Damrow. Signed by Magistrate Judge David L. Piester on 6/10/2005. (GJG, )
June 15, 2005
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ORDER granting 49 Motion to Withdraw Document. The Notice of Subpoena for Production of Records filing 43 is deemed withdrawn. Signed by Magistrate Judge David L. Piester on 6/15/2005. (GJG, )
June 22, 2005
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ORDER granting 55 Motion to Continue. The Planning Conference that is currently scheduled for telephonic hearing by the Court on July 5, 2005, shall be continued until August 5, 2005 at 9:00 a.m. Plaintiff's counsel shall initiate the call. Signed by Magistrate Judge David L. Piester on 6/22/2005. (GJG, )
July 12, 2005
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MEMORANDUM AND ORDER regarding 69 Objection. 1. The "Objection to Amended Notice of Subpoena For Production of Documents," filing 69, is construed as a motion for protective order pursuant to Fed. R. Civ. P. 26(c). 2. Plaintiffs may file evidence and a brief in support of the motion on or before July 19, 2005. 3. Defendant may file evidence and a brief in opposition to the motion on or before July 26, 2005. 4. Defendant shall not request that the Clerk of the United States District Court for the Northern District of Iowa, Western Division, issue the subpoena described in the motion until this motion has been resolved. If the subpoena has heretofore been issued, defendant shall take no action to serve the subpoena until this motion has been resolved. If the subpoena has heretofore been served, defendant shall forthwith notify the Security State Bank of Sheldon, Iowa, that it need not comply with the subpoena until this court has resolved the objection filed by plaintiffs. 5. The Clerk of this Court shall immediately notify the Clerk of the United States District Court for the Northern District of Iowa, Western Division, of the entry of this order and provide that office with a copy of this order, the "objection" construed as a motion, and accompanying documents (filings 68 and 69). The Clerk of the United States District Court for the Northern District of Iowa, Western Division, is respectfully requested not to issue the subject subpoena if it has not heretofore done so, until the motion has been resolved by this court. Signed by Magistrate Judge David L. Piester on 7/12/2005. (JAR)
July 25, 2005
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ORDER granting 80 Motion to Continue Planning Conference and Extend Discovery Deadlines. The Planning Conference that is currently scheduled for telephonic hearing by the Court on August 5, 2005, shall be continued until October 5, 2005 at 11:00 a.m. IT IS FURTHER ORDERED that the deadlines for: completing the initial discovery necessary to conduct further settlement discussions; completing the initial discovery necessary to determine whether to file summary judgment motions; and for identifying experts, shall be extended by sixty (60) days. Signed by Magistrate Judge David L. Piester on 7/25/2005. (JAR)
July 26, 2005
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ORDER GRANTING THE JOINT MOTION AND STIPULATION FOR THE PROTECTION AND EXCHANGE OF CONFIDENTIAL INFORMATION TO BE SUBPOENAED FROM SECURITY STATE BANK, SHELDON IOWA - granting 79 Motion for Protective Order. Signed by Magistrate Judge David L. Piester on 7/26/2005. (GJG, )
August 12, 2005
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MEMORANDUM AND ORDER regarding filing 71. The plaintiffs' objection to the amended notice ofsubpoena, filing 69, construed as a motion for protective order, is denied, except that the records produced shall include only those pertaining to "business dealings" between the bank and the Granstra plaintiffs. Further, the production of the requested documents shall be subject to the protective order previously entered, filing 84. The plaintiffs' objection to the notice of subpoena, filing 56, is denied as moot. Signed by Magistrate Judge David L. Piester on 8/12/2005. (JAR)
October 26, 2005
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MEMORANDUM AND ORDER that the motion to quash filed by Gary Mueller, filing 112, is denied. Signed by Magistrate Judge David L. Piester on 10/26/2005. (CS, )
February 16, 2006
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MEMORANDUM AND ORDER - The motion for leave to amend, filing 144 is granted, and the Second Amended Complaint shall be filed forthwith. Defendant is given leave to take the discovery it deems necessary in order to meet the allegations in the Second Amended Complaint. In the event defendant is caused to incur extra or duplicative expenses as a result of the plaintiffs' lateness in the filing of the motion, defendant may, at any time prior to the final pretrial conference, file an application for reimbursement of such expenses, properly documented and supported. Signed by Magistrate Judge David L. Piester on 2/16/2006. (GJG, )
March 14, 2006
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(GJG, )ORDER granting 176 Motion to Extend. The deadlines established in the Court's Order Setting Schedule for Progression of Case, filing 111 shall be extended as set out in this order. Signed by Magistrate Judge David L. Piester on 3/14/2006.
June 6, 2006
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ORDER. It is ordered that: (1) The defendant's motion for oral argument on its motion for summary judgment 207 is granted. (2) From 9:00 a.m. until 5:00 p.m. on Monday, July 3, 2006, the court will hear oral argument on the pending motions for summary judgment. (a) The court will first take up each individual motion for summary judgment directed at the state law claims. The court will start with the motion directed against the claims of Theodore Collin (see filing 190). The court will then proceed motion by motion thereafter. Hopefully, the court will be able to rule from the bench immediately following the arguments on each such motion. (b) Following consideration of the state law claims, the court will take up the motion for summary judgment on the RICO claims. The plaintiffs' RICO claims are limited to the provisions of 18 U.S.C. sec. 1962(c) and (d). (See filing 210 at 1&n. 1, where the plaintiffs abandon any claim under 18 U.S.C. sec. 1962(b).) The parties should be prepared to address whether an individual plaintiff necessarily forfeits a RICO claim if the court grants summary judgment on the state law claims. Hopefully, the court will be able to announce a decision from the bench on the motion for summary judgment directed at the RICO claims.***Motion Hearing set for 7/3/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 6/6/2006. (KLL, )
June 7, 2006
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ORDER granting 219 Motion to extend certain deadlines, and the deadlines are extended as requested. Signed by Magistrate Judge David L. Piester on 6/7/2006. (CAR)
June 12, 2006
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ORDER - The motion of Matthew W. Lytle to withdraw as counsel for the defendant, filing 223 is granted. Signed by Magistrate Judge David L. Piester on 6/12/2006. (GJG, )
July 5, 2006
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ORDER denying Motions for Summary Judgment 184, 189, 191, 193, 195, 197, 199, 200, 201. Signed by Judge Richard G. Kopf on 7/5/2006. (KLL, )
September 19, 2006
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ORDER - On the court's own motion, IT IS ORDERED: The pretrial conference is continued from October 13 to October 16, 2006 at 10:00 a.m. Pretrial Conference set for 10/16/2006 at 10:00 AM in Chambers before Magistrate Judge David L. Piester.Ordered by Magistrate Judge David L. Piester. (GJG, )
September 22, 2006
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ORDER - The unopposed motion of the defendant to continue the Pretrial Conference, filing 252 is granted. The pretrial conference is continued from October 16 to October 20, 2006 at 11:00 a.m. Ordered by Magistrate Judge David L. Piester.(GJG, )
September 25, 2006
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AMENDED ORDER - The court's prior ruling on the defendant's Unopposed Motionto Reschedule Pretrial Conference, filing 252, was incomplete. The filing 253 order is therefore amended as follows: The pretrial conference is continued from October 16 to October 20, 2006 at 11:00 a.m., and all deadlines based on the date of the pretrial conference are extended accordingly. The deadline for filing a motion regarding the admissibility of expert testimony under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) is continued to October 6, 2006. All other scheduling order deadlines, including the date set for trial, remain in effect. Ordered by Magistrate Judge David L. Piester. (GJG, )
October 6, 2006
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MEMORANDUM AND ORDER - The motion in limine filing 255 shall be held in abeyance and not considered until the first day of trial during the pretrial conference which will be held immediately prior to trial, unless a party shall show cause, within 10 days of this order, why such deferral would be inappropriate. Ordered by Judge Richard G. Kopf.(GJG, )
October 11, 2006
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ORDER. It is ordered that the motion in limine 259 shall be held in abeyance and not considered until the first day of trial during the pretrial conference which will be held immediately prior to trial, unless a party shall show cause, within 10 days of this order, why such deferral would be inappropriate. Ordered by Judge Richard G. Kopf. (KLL, )
October 18, 2006
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ORDER. It is ordered that the motions in limine 259 267 269 272 shall be held in abeyance and not considered until the first day of trial during the pretrial conference which will be held immediately prior to trial, unless a party shall show cause, within 10 days of this order, why such deferral would be inappropriate.Ordered by Judge Richard G. Kopf. (KLL, )
October 20, 2006
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ORDER - A settlement conference shall be held before the undersigned with counsel and representatives of the parties on October 26, 2006 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 beprepared to participate and negotiate a settlement of this case during the conference in accordance herewith. To avoid unnecessary incurring of travel and other expenses if the settlement conference is cancelled or postponed, request for a conference to discuss cancellation or postponement must be made on or before October 24, 2006. Settlement Conference set for 10/26/2006 09:00 AM in Chambers before Magistrate Judge David L. Piester.Ordered by Magistrate Judge David L. Piester. (GJG, )
October 24, 2006
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ORDER. It is ordered that the motions in limine 278 281 285 288 293 296 shall be held in abeyance and not considered until the first day of trial during the pretrial conference which will be held immediately prior to trial, unless a party shall show cause, within 10 days of this order, why such deferral would be inappropriate. Ordered by Judge Richard G. Kopf.(KLL, )
October 25, 2006
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ORDER that the settlement conference that was set for October 26, 2006 is cancelled. Ordered by Magistrate Judge David L. Piester. (CAR)
November 9, 2006
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ORDER. It is ordered that a trial conference will be held on Friday, November 17, 2006, from 2:00 to 5:00 p.m., in my chambers. (I have a trial starting on November 13, 2006. It is expected to conclude prior to November 17. If it does not, my judicial assistant will notify you no later than Friday morning, November 17, that the trial conference will be held on Saturday, November 18, from 9:00 a.m. to 12:00 p.m.)Ordered by Judge Richard G. Kopf. (KLL, )
November 17, 2006
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ORDER - Filing 255 a motion in limine filed by plaintiffs, is denied. If requested, however, the court will consider giving a limiting instruction that the evidence is not relevant to plaintiffs' RICO claim. Filing 259 a motion in limine filed by defendant, is denied. Filing 267 a motion in limine filed by plaintiffs, is granted. Filing 269 a motion in limine filed by plaintiffs, is granted. Filing 272 a motion in limine filed by plaintiffs, is granted. Filing 278 a motion in limine filed by defendant, is denied. Filing 281 a motion in limine filed by defendant, is granted. Filing 285 a motion in limine filed by defendant, is granted with respect to pending indictments, ongoing criminal investigations, and past invocations of the Fifth Amendment. The motion is also granted with respect to the payment of attorney fees except insofar as the attorney fees pertain to testimony provided by the witness in this case. In all other respects, the motion is denied. However, by Monday morning before trial, both sides shall file briefs regarding the propriety of giving an adverse inference instruction if defendant's former employee is called as a witness and invokes the Fifth Amendment at trial. Filing 288 a motion in limine filed by defendant, is denied. Filing 293 a motion in limine filed by defendant, is denied. Filing 296 a motion in limine filed by defendant, is denied. Filing 336 plaintiffs' objection to defendant's proposed verdict form is denied without prejudice. Filing 344 defendant's objection to plaintiffs' proposed verdict form is denied without prejudice. Filing 345 defendant's objection to plaintiffs' proposed jury instructions is denied without prejudice. The parties shall meet and confer regarding jury instructions and the verdict form and, by Wednesday, December 6, 2006, shall file a simplified, agreed-upon verdict form. Defendant shall have a continuing objection as to relevance and Rule 403regarding Carter Feeders and John Morken/Spring Grove evidence.Ordered by Judge Richard G. Kopf.(GJG, )
November 20, 2006
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ORDER - As discussed at today's pretrial conference, Plaintiffs will be permitted to ask witness Slominski a total of three questions regarding the facts underlying the indictments with Mueller and Swan.Counsel shall not mention the indictments. If, as anticipated, Slominski invokes his Fifth Amendment privilege as to the three questions, the court will give an adverse inference instruction and a Rule 404(b) limiting instruction. Plaintiffs will provide Defendant and the court with written copies of the 3 questions. Each side shall prepare and submit an adverse inference instruction and a Rule 404(b) limiting instruction in the form they think is proper. Defendant may submit this instruction without prejudice to an objection as to the propriety of an adverse inference.Ordered by Judge Richard G. Kopf. (GJG, )
December 15, 2006
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ORDER. The jury having returned its verdict, IT IS ORDERED that: (1) Plaintiffs shall have ten (10) days from today's date to file a motion for treble damages on their RICO claims, together with a supporting brief. The motion shall specify the amount of treble damages claimed by each Plaintiff. (2) Plaintiffs shall also have ten (10) days from today's date to file an application for attorney fees, together with supporting affidavits and a supporting brief. (3) Defendant shall have ten (10) days after service of the foregoing materials to file its responses. (4) By agreement of the parties, entry of final judgment shall be withheld pending the court's determination of the Plaintiff's motion for treble damages and application for attorney fees.***Case Management Deadline set for 1/2/2007.Ordered by Judge Richard G. Kopf. (KLL, )
February 1, 2007
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MEMORANDUM AND ORDER - Plaintiffs' motion for treble damages (filing 391) is granted with respect to the RICO Act claim. Plaintiffs' motion and amended motion for attorney fees and costs (filings 393, 396) are granted in part and denied in part, as follows: a. Plaintiffs are awarded attorney fees of $1,095,263.00 related to the RICO Act claim. b. In all other respects the motion is denied, but without prejudice to the clerk ruling on Plaintiffs' bill of costs (filing 397). Final judgment shall be entered by separate document. Ordered by Judge Richard G. Kopf.(GJG, )
February 21, 2007
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fendant is authorized to post as security on appeal a letter of credit in the form attached to its motion as Exhibit "A". Ordered by Judge Richard G. Kopf.(CS, )ORDER that Defendant's unopposed motion for stay of execution on judgment pending ruling on Defendant's post-trial motions and for approval of letter of credit in lieu of supersedeas bond (filing 410) is granted, as follows: 1. Pursuant to Fed. R. Civ. P. 62(b), execution upon or proceedings to enforce the court's judgment are stayed pending the court's ruling on filing 411, and for ten (10) days thereafter. 2. In lieu of a supersedeas bond under Fed. R. Civ. P. 62(d), De
April 11, 2007
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ORDER granting 419 Supplemental Motion for Attorney Fees. Fees awarded to Plaintiff against Defendant. IT IS ORDERED that: 1. Plaintiffs' supplemental motion for attorney fees (filing 419) is granted, and Plaintiffs are awarded an additional sum of $42,514.00 for attorney fees associated with their previous fee application and responding to Defendant's post-trial motions. 2. An amended judgment shall be entered by separate document. Ordered by Judge Richard G. Kopf.(JAR)
September 15, 2008
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MEMORANDUM AND ORDER regarding: Corrected Mandate/Judgment, 459. The Court of Appeals has now entered its corrected mandate. IT IS ORDERED that counsel for all parties shall have until close of business on Monday, September 22, 2008, to advise the undersigned as to the form and content of the separate judgments required by the Court of Appeals' corrected mandate. (Case Management Deadline set for 9/22/2008.) Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER - IT IS ORDERED that the joint stipulation regarding entry of judgment and related matters (filing 461) is approved. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment in favor of Plaintiff Dave Dahlgren ("Plaintiff") against the Defendant entered on February 1, 2007 (Filing No. 407), and amended on April 11, 2007 (Filing No. 423) is hereby vacated and judgment is entered in favor of Defendant against Plaintiff, each party to pay their own costs. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment in favor of Plaintiff Dahlgren's ("Plaintiff") against the Defendant entered on February 1, 2007 (Filing No. 407), and amended on April 11, 2007 (Filing No. 423) is hereby vacated and judgment is entered in favor of Defendant against Plaintiff, each party to pay their own costs. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment in favor of Plaintiff Theodore Collin ("Plaintiff") against the Defendant entered on February 1, 2007 (Filing No. 407), and amended on April 11, 2007 (Filing No. 423) is hereby vacated and judgment is entered in favor of Defendant against Plaintiff, each party to pay their own costs. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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t hereby orders that the judgment against the Defendant and in favor of the Plaintiff Lloyd Erickson ("Plaintiff") on Plaintiff's RICO claims, including trebled damages and attorneys fees is hereby vacated and judgment is hereby entered for Plaintiff against Defendant for tort damages, in the amount of $66,393.58, plus costs of $703.90 and post judgment interest in the amount of $5,567.34 as of September 18, 2008 with per diem interest of $9.36 per day until paid. Ordered by Judge Richard G. Kopf. (JAB)ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Cour
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment against the Defendant and in favor of the Plaintiff Erickson Land and Cattle ("Plaintiff") on Plaintiffs RICO claims, including trebled damages and attorneys fees is hereby vacated and judgment is hereby entered for Plaintiff against Defendant for tort damages, in the amount of $96,220.28, plus costs of $1,019.64 and post judgment interest in the amount of $8,068.38 as of September 18, 2008 with per diem interest of $13.56 per day until paid. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment in favor of Plaintiff Dixon Granstra d/b/a Granstra Cattle ("Plaintiff") against the Defendant entered on February 1, 2007 (Filing No. 407), and amended on April 11, 2007 (Filing No. 423) is hereby vacated and judgment is entered in favor of Defendant against Plaintiff, each party to pay their own costs. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment in favor of Plaintiff DG Farms ("Plaintiff") against the Defendant entered on February 1, 2007 (Filing No. 407), and amended on April 11, 2007 (Filing No. 423) is hereby vacated and judgment is entered in favor of Defendant against Plaintiff, each party to pay their own costs. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment against the Defendant and in favor of the Plaintiff Skane, Inc. (Plaintiff) on Plaintiff's RICO claims, including trebled damages and attorneys fees is hereby vacated and judgment is hereby entered for Plaintiff against Defendant for tort damages, in the amount of $172,863.67, plus costs of $1,832.14 and post judgment interest in the amount of $14,495.21 as of September 18, 2008 with per diem interest of $24.36 per day until paid. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment against the Defendant and in favor of the Plaintiff Clark Nelson (Plaintiff) on Plaintiff's RICO claims, including trebled damages and attorneys fees is hereby vacated and judgment is hereby entered for Plaintiff against Defendant for tort damages, in the amount of $22,638.56, plus costs of $239.32 and post judgment interest in the amount of $1,898.27 as of September 18, 2008 with per diem interest of $3.19 per day until paid. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment in favor of Plaintiff Wells Ag Enterprises, Inc. ("Plaintiff") against the Defendant entered on February 1, 2007 (Filing No. 407), and amended on April 11, 2007 (Filing No. 423) is hereby vacated and judgment is entered in favor of Defendant against Plaintiff, each party to pay their own costs. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment in favor of Plaintiff Don Sjogren ("Plaintiff") against the Defendant entered on February 1, 2007 (Filing No. 407), and amended on April 11, 2007 (Filing No. 423) is hereby vacated and judgment is entered in favor of Defendant against Plaintiff, each party to pay their own costs. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment in favor of Plaintiff BJW Farms ("Plaintiff") against the Defendant entered on February 1, 2007 (Filing No. 407), and amended on April 11, 2007 (Filing No. 423) is hereby vacated and judgment is entered in favor of Defendant against Plaintiff, each party to pay their own costs. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment in favor of Plaintiff EWW Farms, Inc. ("Plaintiff") against the Defendant entered on February 1, 2007 (Filing No. 407), and amended on April 11, 2007 (Filing No. 423) is hereby vacated and judgment is entered in favor of Defendant against Plaintiff, each party to pay their own costs. Ordered by Judge Richard G. Kopf. (JAB)
September 23, 2008
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ORDER AND JUDGMENT regarding Corrected Mandate/Judgment, 459. In accordance with the Judgment and Corrected Mandate of the United States Court of Appeals for the Eighth Circuit entered on July 11, 2008 and September 15, 2008, respectively, the Court hereby orders that the judgment in favor of Plaintiff Dwayne Kudlacek ("Plaintiff") against the Defendant entered on February 1, 2007 (Filing No. 407), and amended on April 11, 2007 (Filing No. 423) is hereby vacated and judgment is entered in favor of Defendant against Plaintiff, each party to pay their own costs. Ordered by Judge Richard G. Kopf. (JAB)