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07-159 - Ray Brown and Associates v. Hot Springs Senior Properties


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07-159 - Ray Brown and Associates v. Hot Springs Senior Properties
November 8, 2007
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ORDER granting 78 Motion for Clarification regarding the Initial Progression Order 32, in that a final schedule for serving expert witness disclosures will be set at the time of the 11/29/2007 planning conference. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
December 28, 2007
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ORDER - The Motion for Continuance to Respond to Motion for Summary Judgmentsubmitted by Defendant, Counterclaimant and Third-Party Plaintiff, Hot SpringsSenior Properties, L.L.C., 90 is denied. Defendant, Counterclaimant, and Third-Party Plaintiff, Hot Springs Senior Properties, L.L.C., shall respond to the Motion for Summary Judgment of Third- Party Defendants Richard M. Noel and Noel Engineering, Inc. 82, on or before January 11, 2008. Ordered by Judge Laurie Smith Camp. (JAE, )
January 3, 2008
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ORDER. Hot Springs' Motion for Leave to File Amended Counterclaim and Third-Party Complaint 88 is granted. Hot Springs shall file the amended pleading and effect service on all additional parties no later than 2/5/2008.RBA's Motion for Leave to File First Amended Complaint 86 is granted. RBA shall file and serve the amended pleading no later than 2/5/2008. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
January 22, 2008
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ORDER that on or before January 25, 2008, Hot Springs may supplement its Index of Evidence to include Exhibits B, C, D, E and F, or direct the Court to where such exhibits may be found in the record. If Exhibits B, C, D, E and F are not filed or Hot Springs does not direct the Court to the presence of these exhibits in the existing record on or before January 25, 2008, such exhibits and any references to them will not be considered in connection with the pending Motion for Summary Judgment 82.Ordered by Judge Laurie Smith Camp. (CJP)
January 28, 2008
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MEMORANDUM AND ORDER that the motion for summary judgment of Third Party Defendants Richard M. Noel and Noel Engineering, Inc. 82 is granted; and Third Party Plaintiff Hot Springs Senior Properties, L.L.C.'s Third PartyComplaint against Richard M. Noel and Noel Engineering is dismissed, withprejudice. Ordered by Judge Laurie Smith Camp. (CJP)
March 21, 2008
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ORDER - The Defendants, Counterclaimants and Third-party Plaintiffs' Motion for an extension of Time 128 is granted; The Defendants, Counterclaimants and Third-party Plaintiffs shall file their reply in support of motion to dismiss for lack of personal jurisdiction on or before March 28, 2008. Ordered by Judge Laurie Smith Camp. (MKR)
April 2, 2008
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ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED FOR LACK OF DIVERSITY JURISDICTION - On or before April 16, 2008, Defendant Hot Springs Senior Properties, L.L.C., shall file a disclosure of its members and their citizenship as of March 27, 2007, April 27, 2007, and the date of the disclosure's filing, along with any brief and further evidence showing cause why this case should not be remanded to the Nebraska District Court for Custer County, Nebraska, due to a lack of diversity jurisdiction; and all parties other than Defendant Hot Springs Senior Properties, L.L.C., may, but are not required, to submit any brief or evidence addressing the matter of the Court's diversity jurisdiction on or before April 16, 2008. Ordered by Judge Laurie Smith Camp. (CJP)
May 1, 2008
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ORDER. Following a status conference held 5/1/2008, and in light of the request made in Filing 138, Hot Springs Senior Properties, LLC is given until and including 5/15/2008 to file a motion for leave to file an amended answer to the Amended Complaint. The motion shall comply with the requirements of NECivR 15.1 and NECivR 7.1. Hot Springs shall also file a supporting brief addressing its position that while RBA is an owner/investor in Hot Springs, RBA is not a "member" of Hot Springs for purposes of determining diversity jurisdiction. Opposing parties shall respond within the time allowed by NECivR 7.1(b)(1)(B), and a reply brief may be filed within the time allowed by NECivR 7.1(c). The Rule 16 conference is continued and will be rescheduled by further order of the court.Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 9, 2008
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(JAE, )ORDER - The Plaintiff's Unopposed Motion for Enlargement of Time to FileOppositions to Motions for Summary Judgment 149 is granted. The Plaintiff's responses shall be filed on or before May 27, 2008. Ordered by Judge Laurie Smith Camp.
May 16, 2008
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ORDER granting 152 Motion to Amend Answer. Hot Springs shall file and serve the amended pleading on or before 5/30/2008. Opposing parties may respond to the amended pleading within the time allowed by Fed. R. Civ. P. 15(a). Case Management Deadline set for 5/30/2008. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 29, 2008
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ORDER - This matter will be remanded to the District Court of Custer County, Nebraska, due to the lack of complete diversity of citizenship of the parties, and the consequent lack of subject matter jurisdiction in this Court. IT IS ORDERED: This matter is remanded to the Nebraska District Court of CusterCounty, Nebraska. All pending motions are terminated, without prejudice. Ordered by Judge Laurie Smith Camp. (JAE, )