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08-125 - Plan Pros v. Zych et al


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08-125 - Plan Pros v. Zych et al
August 4, 2008
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ORDER - Scheduling Conference set for 8/26/2008 at 08:15 AM before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (CJP)
October 31, 2008
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ORDER granting 36 Motion to Dismiss; defendants Wilson Martinez and Cora Martinez' cross-claims against defendants Brian Zych, d/b/a Zych Construction, Zych Construction L.L.C., Tracy Zych, and Kenneth Tinnes, d/b/a KT Design and Ken Tinnes Residential Design are dismissed without prejudice. Ordered by Senior Judge Lyle E. Strom. (ADB, )
November 13, 2008
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ORDER granting 50 Motion to Withdraw as Attorney. Brian D. Nolan and the firm of Nolan, Olson, Hansen, Lauterbaugh&Buckley are deemed withdrawn as counsel for defendants Wilson Martinez and Cora Martinez. Ordered by Senior Judge Lyle E. Strom. (MKR)
November 24, 2008
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ORDER granting 53 Motion for Leave. Plaintiff shall have until 12/1/08 to file its amended complaint. Ordered by Senior Judge Lyle E. Strom. (JSF)
March 5, 2009
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MEMORANDUM AND ORDER granting 40 Defendant's Motion to Compel. On or before March 19, 2009, the Zych Defendants shall produce, for inspection or copying all floor plans and elevations for houses it has commenced to build from January 1, 2003, to this date, including without limitation blueprints, drawings, preliminary sketches and derivatives, in the condition and place they are kept in the ordinary course of business. Ordered by Senior Judge Lyle E. Strom. (MKR)
March 16, 2009
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AMENDED FINAL PROGRESSION ORDER - granting 79 Motion to Amend - Depositions due 08/1/09; Pretrial Conference set for 10/15/2009 at 08:15 AM in Chambers before Senior Judge Lyle E. Strom; Jury Trial set for 11/2/2009 09:00 AM in Courtroom 5 - Omaha before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (CJP)
March 31, 2009
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MEMORANDUM AND ORDER - Defendants Wilson and Cora Martinezs motion to dismiss plaintiffs amended complaint (Filing No. 59) is granted; Wilson Martinez and Cora Martinez are terminated as partydefendants herein; Defendants motion to strike plaintiffs expert witness designation (Filing No. 70) is denied; Defendants motion to file affidavit under seal (Filing No. 76) is granted. Ordered by Senior Judge Lyle E. Strom. (MKR)
July 8, 2009
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MEMORANDUM AND ORDER that Plaintiff's motion to compel Kenneth Tinnes to produce documents for inspection, answer interrogatories, and for sanctions 84 is granted in part; defendant Tinnes shall allow inspection and copying of, subject to the Court's entry of a revised protective order as set forth above, the following documents: (a) A complete set of plans, all sketches, preliminary designs, final construction documents, notes, E-mails and/or all other communications relating to and/or concerning each; (b) All documents relating to and/or concerning the genesis of each plan, including but notlimited to notes of meetings, sketches, redraws of other plans, E-mail, memos, and expressions of all precursor ideas to the final plan or derivative plans;(c) All marketing and/or promotional materials, including but not limited to magazine and/or newspaper advertisements, internet marketing, E-mail notices, magazine ads and the like; Tinnes may elect to allow the production and copying to occur where the records are kept in the ordinary course of his business or at another location; Tinnes or his representative shall havethe right to be present during the inspection and copying; Plaintiff's motion is denied in all other respects. Ordered by Senior Judge Lyle E. Strom. (CJP)
August 21, 2009
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ORDER granting in part and denying in part 96 Motion for Reconsideration. IT IS ORDERED: 1) Plan Pros motion to reconsider or clarify theCourts document inspection order is granted in part; the Court clarifies its order 94 regarding the meaning of counsels representative. For the purposes of the Courts July 8th order, counsels representative includes in its meaning a person Plan Pros counsel retains who has architectural expertise, so long as that person is not associated with one of Tinnes competitors and that person is made subject to theProtective Order the parties enter; 2) The parties will enter into the protective order on or before September 1, 2009, and 3) Plan Pros motion to reconsider or clarify is denied in all other respects. Ordered by Senior Judge Lyle E. Strom. (PCV, )
September 2, 2009
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PROTECTIVE ORDER. Ordered by Senior Judge Lyle E. Strom. (JAE)
September 22, 2009
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ORDER granting in part and denying in part 95 Motion to Amend. Pretrial of this matter is rescheduled for: Friday, January 29, 2010, at 1:30 p.m. before the undersigned in chambers. Trial of this matter is rescheduled for Tuesday, February 16, 2010, at 9:00 a.m. Courtroom No. 5, Roman L. Hruska United States Courhouse, 111 South 18th Plaza, Omaha, Nebraska. All other deadlines in a the progression order filed March 16, 2009 81 remain in full force and effect. Ordered by Senior Judge Lyle E. Strom. (MKR)
December 22, 2009
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MEMORANDUM AND ORDER- The defendantss motion for summary judgment (Filing No. 106) is denied; and Plan Pros motion for partial summary judgment (Filing No. 110) is denied. Ordered by Senior Judge Lyle E. Strom. (MKR)
February 17, 2010
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ORDER granting 137 the parties' Joint Stipulation for Dismissal with prejudice. This action is dismissed with prejudice, each party to pay their own costs. Ordered by Senior Judge Lyle E. Strom. (MKR)