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05-541 - Admiralty Island Fisheries v. Millard Refrigerated Services et al


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05-541 - Admiralty Island Fisheries v. Millard Refrigerated Services et al
March 31, 2006
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ORDER. At the Rule 16 conference held 3/30/2006 with counsel, a jury trial date was set for Judge Smith Camp during a time she is not available for an Omaha trial, and it must be rescheduled. Therefore, the Jury Trial is set for 9/25/2007 08:30 AM in Courtroom 2 (Omaha) before Judge Laurie Smith Camp. The Final Pretrial Conference is set for 9/11/2007 at 03:00 PM in Chambers before Magistrate Judge F. A. Gossett. All other deadlines and/or instructions set out in the Final Progression Order 15 remain the same. Signed by Magistrate Judge F. A. Gossett on 3/31/2006. (ARL,)
December 18, 2006
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ORDER. Cases Nos. 8:05CV541 and 8:06CV421 are consolidated for trial. For purposes of maintaining an appellate record, all further pleadings shall include in the caption the names of all parties and shall be filed in both cases. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
February 6, 2007
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ORDER granting 24 Motion for Leave to File Counterclaims. Millard Refrigerated Services, Inc. shall file and serve its counterclaims forthwith. The counterclaim defendants shall respond within ten (10) business days of service. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 4, 2007
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ORDER holding in abeyance 39 Motion for Leave to File Amended Complaint. Admiralty Island Fisheries, Inc. is given until and including May 10, 2007 to file an amended motion that complies with the requirements of NECivR 15.1 and NECivR 7.1. The amended motion shall be filed in both of the consolidated cases as previously ordered. This order is not intended to alter the case progression order and is entered without prejudice to any party opposing the motion on grounds of timeliness. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 4, 2007
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AMENDED CONSOLIDATION ORDER that Case No. 8:05CV541 is hereby designated as the "Lead Case." Case No. 8:06CV421 is hereby designated as the "Member Case."; The court's CM/ECF System now has the capacity for "spreading" text amongconsolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in all Member Cases. To this end, the parties are instructed to file all further documents (except those described in paragraph 3, below) in the Lead Case, No. 8:05CV541, and to select the option "yes" in response to the System's question whether to spread the text; The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file itemsrelated to service of process; If a party believes that an item in addition to those described in paragraph 3 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature.Ordered by Judge F. A. Gossett. (CJP)
May 18, 2007
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ORDER granting (39) Motion for Leave and (43) Amended Motion for Leave in case 8:05-cv-00541-LSC-FG3; granting (83) Motion for Leave in case 8:06-cv-00421-LSC-FG3. Admiralty Island Fisheries, Inc. shall file and serve its amended complaint no later than May 30, 2007. Adverse parties shall respond to the amended complaint within the time allowed by Fed. R. Civ. P. 15(a). Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 31, 2007
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n June 15, 2007, counsel for Millard, Icicle, Global and Suram shall file a joint status report addressing their progress in scheduling these Rule 30(b)(6) depositions. Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3. Ordered by Judge F. A. Gossett. (CLS, )ORDER granting (47) Motion to Compel in case 8:05-cv-00541-LSC-FG3; granting (79) Motion to Compel in case 8:06-cv-00421-LSC-FG3. Suram, Icicle and Global are given until and including June 15, 2007 to respond to Millard's discovery requests, in full compliance with Rules 33 and 34 of the Federal Rules of Civil Procedure. Suram, Icicle and Global shall identify their corporate representatives and provide firm dates for their representatives' depositions by June 7, 2007. No later tha
June 5, 2007
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STRICKEN - MEMORANDUM AND ORDER - The Plaintiffs Motion for Partial Summary Judgment filed by Plaintiff Admiralty Island Fisheries, Inc. 35 (#70 in 8:06-cv-00421) is denied without prejudice to reassertion after August 2, 2007, and before August 30, 2007. If Plaintiff Admiralty Island Fisheries chooses simply to revive its Motion for Partial Summary Judgment at a later time, rather than re-file revised or amended documents, it may file a single-page notice to that effect, asking the Court to revive the motion, brief, and evidence by reference to the document name and docket numbers. The Defendant's Motion for Leave 48 (#80 in 8:06-cv-00421) to Complete Necessary Discovery prior to responding to Admiraltys Motion for Summary Judgment is denied as Moot. Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3. Ordered by Judge Laurie Smith Camp. (JAE, ) Modified on 6/14/2007 to strike per order filing 61. (JAE, ).
June 14, 2007
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MEMORANDUM AND ORDER - Because the Court erroneously referenced the moving plaintiff in the Memorandum and Order dated June 5, 2007 (91 in 8:06-cv-00421 and 59 in 8:04-cv-541) the Memorandum and Order dated June 5, 2007 is withdrawn, and the Clerk is directed to strike it from the record. The Motion for Partial Summary Judgment filed by National Fire Insurance of Hartford as subrogee of Suram Trading Corporation (70 in 8:06-cv-00421 and 35 in 8:04-cv-541) is denied without prejudice to reassertion, if at all, on a date after August 2,2007, and before August 30, 2007. The Defendant's Motion for Leave to Complete Necessary Discovery prior to responding to Plaintiff's Motion for Summary Judgment (80 in 8:06-cv-00421 and 48 in 8:04-cv-541)is denied as moot. Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3. Ordered by Judge Laurie Smith Camp. (JAE, )
August 21, 2007
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ORDER granting (65) Motion to Extend Progression Order Deadlines in case 8:05-cv-00541-LSC-FG3; granting (97) Motion to Extend Progression Order Deadlines in case 8:06-cv-00421-LSC-FG3. The parties are given leave to complete additional discovery, up until 9/21/2007. The 1/18/2007 Amended Progression Order is amended to reflect that the parties have until 9/21/2007 to complete depositions, and 10/12/2007 to reassert and/or file Motions for Summary Judgment. Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
November 14, 2007
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MEMORANDUM AND ORDER - The Plaintiffs Motions for Partial Summary Judgment (Filing Nos. 35 and 44 in Case No. 8:05cv541; and Filing Nos. 70 and 100 in 8:06cv421) are denied; and The Defendants Motions for Partial Summary Judgment as to the Plaintiffs (Filing Nos. 69, 70, 71, and 72 in Case No. 8:05cv541; and Filing Nos. 101, 102, 103, and 104 in Case No. 8:06cv421) are denied.Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3Ordered by Judge Laurie Smith Camp. (MKR)
December 3, 2007
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ORDER - On November 30, 2007, cousnel notified the court that all claims in Case No. 8:06cv421 have been settled. On or before December 31, 2007 the parties shall file a joint stipulation for dismissal together with submitting to Judge Smith Camp a draft order which will fully dispose of the case. Absent compliance with this order, this case, including all counterclaims and the like may be dismissed without further notice. All case progression deadlines are hereby terminated as tot he claims asserted in case no. 8:06cv421 upon the representation that this case is settled.Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3Ordered by Magistrate Judge F. A. Gossett. (MKR)
December 10, 2007
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ORDER that by 1/10/2008, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation). Absent compliance with this order, this case may be dismissed without further notice. The final pretrial conference set for 12/13/07 is cancelled upon the representation that this case is settled. Ordered by Magistrate Judge F. A. Gossett. (JSF)
January 14, 2008
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ORDER OF DISMISSAL approving (111) Joint Stipulation for Dismissal in case 8:05-cv-00541-LSC-FG3; and approving (141) Joint Stipulation for Dismissal in case 8:06-cv-00421-LSC-FG3. All pending motions are denied as moot. The complaints, the counterclaims, and all claims of whatever kind that have been asserted in these cases by any party or by any intervenor are dismissed with prejudice. Unless otherwise agreed by and between them in writing, the parties shall pay their own attorney fees. The parties shall pay their own costs as agreed in the stipulations of dismissal. Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3 Ordered by Judge Laurie Smith Camp. (JSF)