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07-008 - Fleet Systems, Inc. v. Federal Coach


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07-008 - Fleet Systems, Inc. v. Federal Coach
January 5, 2007
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ORDER - temporary restraining order (attachment to 1) remains in effect until further order of this court; hearing on TRO scheduled for 1/8/2007 09:30 AM in Courtroom 3 (Omaha) before Chief Judge Joseph F. Bataillon.Ordered by Judge Joseph F. Bataillon. (SMS, )
January 17, 2007
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MEMORANDUM AND OPINION regarding plaintiff's motion for a temporary restraining order; an Injunction in accordance with this Memorandum Opinion will issue this date.Ordered by Judge Joseph F. Bataillon. (PCV, )
January 17, 2007
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TEMPORARY INJUNCTION regarding Memorandum and Order18; IT IS ORDERED: Federal Coach is hereby enjoined from terminating, cancelling, or altering the terms of the parties' Agreement dated November 24, 1992; Federal Coach shall continue the customs, practices and course of dealing that it applied to the 2006 Agreement; it shall apply a deal discount to all sales of Federal Coach vehicles to Fleet Systems, Inc. in an amount comparable to that applied to invoices governed by the 2006 contract and no sales specific territorial marketing assessments shall be applied to Fleet's sales; pursuant to Fed.R.Civ.P.65(c), Fleet Systems, Inc. shall furnish a bond in the amount of $31,500.00. Ordered by Judge Joseph F. Bataillon. (PCV, )
February 23, 2007
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PROTECTIVE ORDER granting 29 Motion for Protective Order. Ordered by Magistrate Judge Thomas D. Thalken.(PAV)
March 5, 2007
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ORDER rescheduling preliminry injunction hearing to 3/27/2007 01:30 AM in Courtroom 3 (Omaha) before Chief Judge Joseph F. Bataillon.Ordered by Judge Joseph F. Bataillon. (SMS, )
March 28, 2007
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ORDER - This matter is before the court following the hearing on the motion for a preliminary injunction held before Chief Judge Bataillon on 3/27/07. The parties will meet and confer in accordance with Fed. R. Civ. P. 26(f) and file a report of such conference on or before 4/24/07. The undersigned magistrate judge will hold a planning conference with counsel for all parties on 4/30/07 at 9:30a.m. Counsel for plaintiff shall initiate the telephone conference. Rule 26 Meeting Report Deadline set for 4/24/2007. Telephone Planning Conference set for 4/30/2007 09:30 AM before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
May 1, 2007
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ORDER - IT IS ORDERED a supplemental Telephone Conference set for 9/7/2007 at 09:00 AM before Magistrate Judge Thomas D. Thalken for the purpose of progressing this case to trial. Plaintiff's counsel shall initiate the telephone conference.IT IS FURTHER ORDERED: Mandatory disclosures shall be served by June 29, 2007Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
May 9, 2007
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MEMORANDUM AND ORDER granting in part and denying in part 38 Motion to Dismiss or to strike; the motion to dismiss is denied; the motion to strike Fleet's prayer for attorneys' fees is granted; defendant shall answer or further plead within 10 days of the date of this order. Ordered by Judge Joseph F. Bataillon.(PCV, )
May 9, 2007
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MEMORANDUM OPINION - IT IS ORDERED: An injunction in accordance with this Memorandum Opinion will issue this date; this matter is set for hearing August 3, 2007, at 9:30a.m.; this matter is referred to the magistrate for expedited progression. In Court Hearing set for 8/3/2007 at 09:30 AM before Chief Judge Joseph F. Bataillon.Ordered by Judge Joseph F. Bataillon. (PCV, )
May 9, 2007
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INJUNCTION regarding Memorandum and Order, 53; IT IS ORDERED: Federal Coach is hereby enjoined from terminating, cancelling, or altering theterms of the parties Agreement dated November 24, 1992. Federal Coach shall continue the customs, practices and course of dealing that it applied to the 2006 Agreement; it shall apply a dealer discount to all sales of FederalCoach vehicles to Fleet Systems, Inc. in an amount comparable to that applied to invoices governed by the 2006 contract and no sales specific territorial marketing assessments shall be applied to Fleets sales. This injunction shall remain in force and effect until November 24, 2007. Ordered by Judge Joseph F. Bataillon. (PCV, )
May 24, 2007
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ORDER rescheduling injunction hearing to 8/10/2007 10:00 AM in Courtroom 3 (Omaha) before Chief Judge Joseph F. Bataillon.Ordered by Judge Joseph F. Bataillon. (SMS, )
June 7, 2007
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ORDER granting 64 Motion to Extend; IT IS ORDERED THAT THE MOTION IS GRANTED; the deadline for filing the notice of appeal from the mentioned filings is extended until and including July 9, 2007. Ordered by Judge Joseph F. Bataillon.(PCV, )
August 6, 2007
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ORDER granting in part and denying in part 71 Motion to Compel; denying 83 Motion to Strike. The defendant shall have to on or before the close of business on August 8, 2007, to supplement its responses as described herein. Ordered by Magistrate Judge Thomas D. Thalken.(TRL)
August 6, 2007
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ORDER regarding 86 Stipulation and joint motion regarding scheduling issues and 8/10/2007 hearing. Ordered by Judge Joseph F. Bataillon.(SMS, )
August 17, 2007
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ORDER - 1. Defendant's withdrawal of Filing No. 56 is granted; 2. The injunction entered in accordance with the court's previous Memorandum Opinion, Filing Nos. 53&54, is ordered to continue and remain in place subject to the terms set forth herein; 3. Plaintiff's motion for temporary restraining order and preliminary injunction 88 is denied as moot; 4. Defendant's motion for leave to file supplemental evidence, Filing No. 91, is granted and deemed filed instanter. Ordered by Judge Joseph F. Bataillon. (KBJ) Modified on 8/20/2007 to edit text to reflect the correct Judge that signed this Order (KBJ).
September 7, 2007
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ORDER Telephone Status Conference set for 9/24/2007 at 10:30 AM before Magistrate Judge Thomas D. Thalken.Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
September 17, 2007
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ORDER granting 110 Motion to Extend. Defendant's deadline for filing the reply brief in support of Statement of Appeal of Magistrate Judge's Order 99 is extended until and including 9/21/07. Ordered by Judge Joseph F. Bataillon.(ADB)
September 17, 2007
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ORDER granting 111 Motion to Extend. The deadline for filing a notice of appeal from that portion of Filing No. 98, entered on August 17, 2007, that continued the injunction entered in accordance with the Court's previous Memorandum Opinion (Filings No. 53 and 54) is extended until and including October 1, 2007. Ordered by Judge Joseph F. Bataillon.(ADB)
September 24, 2007
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ORDER - Telephone Status Conference set for 10/9/2007 at 10:00 AM before Magistrate Judge Thomas D. Thalken.Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
September 24, 2007
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ORDER granting 114 Motion to Extend time in which to respond to plaintiff's brief in opposition to Federal's appeal of an order of the magistrate 99. Defendant shall file its reply brief by September 28, 2007. Ordered by Judge Joseph F. Bataillon.(ADB)
October 1, 2007
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ORDER granting 118 Motion to Extend; defendant shall file its reply brief by 10/5/07 regarding 99 Order on Appeal to Magistrate Judge Order. Ordered by Judge Joseph F. Bataillon.(ADB)
October 5, 2007
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ORDER - IT IS ORDERED that: 1. The parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court which will fully dispose of the case on or before November 5, 2007. If the case is being dismissed, the stipulation shall comply with Fed. R. Civ. P. 41(a)(1)(ii) and shall state whether the dismissal is with or without prejudice.2. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice in accordance with NECivR 68.1. 3. The deadlines and hearing dates previously scheduled are cancelled upon the representation that this case is settled. 4. The defendants appeal from the magistrate judges order 99 isdeemed withdrawn and the appeal may be termed on the docket. ***Set/Reset All Deadlines: Dismissal Papers Deadline due by 11/5/2007.Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
October 19, 2007
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ORDER granting 124 Stipulation; This case, including without limitation all claims and counterclaims, is dismissed without prejudice; Each party will bear its own attorneys fees, expenses, and costs in connection with this action; The bond filed by Plaintiff (Filing No. 20), is released, and Defendant shall not make any claim on that bond; and All Temporary Injunctions, Temporary Restraining Orders, Preliminary Injunctions, and other Injunctions entered in this case, including without limitation Filings No. 19 and 54, are terminated. Ordered by Judge Joseph F. Bataillon. (ADB)
January 8, 2008
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ORDER - Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for the parties 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 clerk's office is directed to destroy the listed exhibitswithout further notice to the parties or order from the court.Ordered by Chief Judge Joseph F. Bataillon. (TJS)