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08-199 - Weitz v. Alberici Constructors


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08-199 - Weitz v. Alberici Constructors
January 16, 2009
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MEMORANUDM AND ORDER - Defendants' Rule 12(b)(6) motion 18 to dismiss CountsI, III, and IV of the amended complaint is denied. Defendants' Rule 12(b)(6) motion 18 to dismiss Count II of the amended complaint is granted. Counts II is dismissed without prejudice. Ordered by Senior Judge Lyle E. Strom. (JAE, )
January 23, 2009
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ORDER that the stipulation 31 is approved and adopted; defendants shall have until February 19, 2009, to file a responsive pleading. Ordered by Senior Judge Lyle E. Strom. (CJP)
February 6, 2009
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ORDER that a conference in this matter is scheduled for Friday, February 13, 2009, at 2 p.m. in Suite 3190, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska; the parties may participate by telephone by notifying the Judge Strom's office prior to said date. Ordered by Senior Judge Lyle E. Strom. (CJP)
February 17, 2009
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ORDER that the Court held a conference in this matter on Friday, February 13, 2009, to clarify the contents of the Court's January 16, 2009, Memorandum and Order 30; as communicated to the parties during the conference, the Court did not make any factual findings in its January 16, 2009, Memorandum and Order; instead, the Court only determined in the Memorandum and Order that Counts I, III, and IV of the plaintiff's amended complaint were sufficient to survive defendants' Rule 12(b)(6) motion to dismiss.Ordered by Senior Judge Lyle E. Strom. (CJP)
March 17, 2009
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ORDER - Scheduling Conference set for 4/2/2009 08:15 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (CJP)
April 21, 2009
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ORDER granting 57 Motion to Amend Answer. Plaintiff shall have until April 30, 2009, to file its amended answer to defendant Alberici Constructors, Inc.'s counterclaim and affirmative defenses. Ordered by Senior Judge Lyle E. Strom. (JAE)
May 20, 2009
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ORDER granting 76 Motion to Extend; third-party plaintiff shall have until June 9, 2009, to respond to third party defendant's motion to dismiss. Ordered by Senior Judge Lyle E. Strom. (CJP)
June 19, 2009
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ORDER that Ambassador Steel Corporation's motion for enlargement of time to add parties or amend pleadings 79 is granted; the time to file motions to add parties or amend pleadings is extended to ninety (90) days after ruling on the motion to dismiss; Alberici Constructors, Inc.'s motion for leave to amend third-party complaint against Ambassador Steel 82 is granted; any amended third-party complaint shall be filed on or June 30, 2009; Ambassador Steel Corporation's motion for extension of time to reply to the defendant and third-party plaintiff's brief in opposition to third-party defendant's motion to dismiss 86 is granted; said brief shall be due on June 26, 2009; the stipulated agreement regarding preservation of privilege claims 87 is approved and adopted. Ordered by Senior Judge Lyle E. Strom. (CJP)
September 4, 2009
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ORDER that plaintiff's motion is granted; Filing Nos. 103 and 104 are deemed withdrawn Ordered by Senior Judge Lyle E. Strom. (CJP)
September 15, 2009
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ORDER granting 109 Motion to Withdraw as Attorney. Ordered by Senior Judge Lyle E. Strom. (PCV, )
October 14, 2009
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ORDER - Conference set for 10/19/2009 at 2:00 PM before Senior Judge Lyle E. Strom. The parties may participate by telephone. Ordered by Senior Judge Lyle E. Strom. (JAE)
November 19, 2009
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ORDER - The motions to withdraw as counsel filed by David S. Houghton 122 and Robert W. Mullin 123 are granted. Their names shall be removed from the electronic filing notice list. The motion to seal documents 128 is granted. The telephone conference scheduled for Friday, November 20, 2009, is cancelled. Ordered by Senior Judge Lyle E. Strom. (JAE, )
December 1, 2009
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ORDER that Plaintiff's original motion to extend time 134 is denied as moot. Defendant's Motion to Seal 136 is granted. Plaintiff's amended unopposed motion to extend time to respond to discovery 140 is granted. Plaintiff shall have until 1/15/2010 to serve its answers and objections to defendants' interrogatories. Ordered by Senior Judge Lyle E. Strom. (JSF)
January 19, 2010
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ORDER (filed under seal on 1/19/10 and unsealed on 1/20/10 per chambers) that Alberici's cross-motion to disqualify Woods&Aitken as counsel for plaintiff 137 is denied; and Weitz's motion to file under seal 142 is denied as moot. Ordered by Senior Judge Lyle E. Strom. (CJP) Modified on 1/20/2010 to unseal (CJP).
January 29, 2010
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SECOND AMENDED FINAL PROGRESSION ORDER - Depositions due 08/16/10; Pretrial Conference set for 9/17/2010 at 09:30 AM before Magistrate Judge F. A. Gossett; Jury Trial set for 10/4/2010 at 09:00 AM in Courtroom 5, Federal Building, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom.Ordered by Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (CJP)
May 19, 2010
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ORDER - IT IS ORDERED that the stipulation171 is approved and adopted; this action is dismissed with prejudice, each party to pay their own costs. Ordered by Senior Judge Lyle E. Strom. (TCL )