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06-242 - Newton v. Standard Candy


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06-242 - Newton v. Standard Candy
April 5, 2006
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ORDER granting 8 Stipulation for extension of time. The deadlines established in the March 3, 2006 scheduling packet 5 are vacated and will be re-set by further order of the court. Signed by Magistrate Judge F. A. Gossett on 4/5/2006. (CLS, )
May 1, 2006
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ORDER granting 13 Motion to Withdraw as Attorney. Roger G. Steele andthe law firm of Leininger, Smith, Johnson, Baack, Placzek, Steele&Allen, 104 N. WheelerAvenue, P.O. Box 790, Grand Island, NE 68802, are granted leave to withdraw from theirrepresentation of Jimbo's Jumbos, Inc., for the reason that Mark J. Daly has entered anappearance for the Third-Party Defendant. Signed by Magistrate Judge F. A. Gossett on 5/1/2006. (JSF)
May 8, 2006
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ORDER denying 15 Motion to Change Venue to North Platte without prejudice to reassertion, if appropriate, pursuant to NECivR 40.1(b)(3). Signed by Magistrate Judge F. A. Gossett on 5/8/2006. (CLS, )
May 10, 2006
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ORDER. Plaintiff's Demand for Jury Trial 17 is noted, and this case will be progressed as a jury case. Plaintiff's request for trial in North Platte is once again denied without prejudice to reassertion, if appropriate, pursuant to NECivR 40.1(b)(3). Signed by Magistrate Judge F. A. Gossett on 5/10/2006. (CLS, )
May 24, 2006
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REASSIGNMENT ORDER - Case reassigned to District Judge Joseph F. Bataillon and to Magistrate Judge Thomas D. Thalken. Signed by Judge Joseph F. Bataillon on 5/24/2006. (SMS, )
May 26, 2006
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ORDER The parties shall report to the court in accordance with Fed. R. Civ. P. 26(f) on orbefore June 9, 2006 or show cause why sanctions should not be imposed upon them inaccordance with Fed. R. Civ. P. 16(f) and 37(g). Signed by Magistrate Judge Thomas D. Thalken on 5/26/2006. (DKM, )
September 25, 2006
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ORDER - The plaintiff shall have to on or before 10/2/06, to file an affidavit and brief in support of a change of place of trial from Omaha, Nebraska. The defendants shall have to on or before 10/10/06, to file a response. Whereupon the issue will be decided in accordance with NECivR 40.1. A telephone conference with the undersigned magistrate judge will be held on 10/30/06 at 3:00pm (CST) for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiff's counsel or plaintiff shall initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
July 9, 2007
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ORDER granting in part and denying in part 57 Motion to Compel. The plaintiff's motion to compel is granted with regard to Request for Production (Set III) Nos. 1-3, and denied in all other respects. Standard Candy Company, Inc. shall supplement its responses on or before July 24, 2007. The plaintiff shall have to on or before July 31, 2007, to file a response to Standard Candy Company, Inc.'s Motion for Summary Judgment 49. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
September 19, 2007
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ORDER - The plaintiff's Amended Motion For Leave To File Amend(ed) Complaint 78 is granted. The plaintiff's Motion For Leave To File Amend(ed) Complaint 74 is denied as moot. The plaintiff shall file his Amended Complaint forthwith. Ordered by Magistrate Judge Thomas D. Thalken.(KBJ)
September 21, 2007
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ORDER - The joint stipulation and motion 87 is granted. The plaintiff shall respond to defendant's motion for summary judgment 49 on or before November 24, 2007. Ordered by Judge Joseph F. Bataillon. (KBJ)
October 30, 2007
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ORDER - The parties' joint stipulation and motion 97 is granted as set forth below. The plaintiff shall have until December 24, 2007 to provide his response to the defendant's Motion for Summary Judgment 49. The deadline for the parties to designate exhibits and deposition testimony they intend to use at trial is May 1, 2008. The deadline for motions in limine is to May 9, 2008. The final pre-trial conference is rescheduled to May 19, 2008, at 9:00 a.m. The trial of this matter is rescheduled to June 16, 2008 at 8:30 a.m., in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
November 15, 2007
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ORDER denying 79 Motion to Continue; granting 90 Motion to Amend. Amended Complaint due by 11/27/2007. Ordered by Judge Thomas D. Thalken. (TRL)
March 19, 2008
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MEMORANDUM AND ORDER - Defendant Standard Candy's motion for summary judgment 49 is denied; and Third-party defendant Jimbo's motion for summary judgment 53 is granted. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
April 30, 2008
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AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting 118 Stipulation ; deposition deadline is 9/5/08; The Final Pretrial Conference with the undersigned magistrate judge is set for September 29, 2008, at 9:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska; Trial is set to commence, at the court's call, during the week of October 20, 2008, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
May 21, 2008
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ORDER - The defendant's Motion for Extension of Time to File Motion for SummaryJudgment 120 is granted. The defendant shall have to on or before June 9, 2008, to file a motion for summary judgment. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
September 12, 2008
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MEMORANDUM AND ORDER granting in part and denying in part 125 Defendant's Motion for Summary Judgment. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
October 15, 2008
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ORDER - The plaintiff's Motion in Limine 136 is granted. The plaintiff's Motion for Sanctions 151 is denied. The parties' Stipulation to Waive Jury Trial 160 is adopted, this matter will proceed as a trial to Chief Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )
December 2, 2008
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ORDER that upon notice of settlement given by the parties 169, by 12/31/08, 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. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
December 9, 2008
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ORDER granting 171 the parties' joint Motion to Dismiss. The plaintiff's cause of action against the defendant is dismissed in its entirety, with prejudice, and with the parties to be responsible for their own costs and attorney fees. Ordered by Chief Judge Joseph F. Bataillon. (JSF)
December 10, 2008
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED. Ordered by Chief Judge Joseph F. Bataillon. (TJS)