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08-290 - Sun Life Assurance Company of Canada v. Kumm et al


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08-290 - Sun Life Assurance Company of Canada v. Kumm et al
October 15, 2008
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ORDER - The plaintiff's Unopposed Motion for Leave to Deposit into Court 35 is granted. The plaintiff may cancel check number 0043695613 issued by the plaintiff to Estate of Gaylord Kumm. The plaintiff may deposit $284,185.65 with the Clerk of the Court for the United States District Court for the District of Nebraska. The Clerk is directed to deposit the aforementioned funds into an interest-bearing account until further order of this court pursuant to 28 U.S.C. ยง 2041 and NECivR 67.1. Ordered by Magistrate Judge Thomas D. Thalken. Copy to Fin. Adm. (JAE, ).
January 16, 2009
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ORDER - The parties shall have until February 26, 2009, to file an amended planning report pursuant to Fed. R. Civ. P. 26(f). The telephone conference is continued to March 3, 2009, at 2:00 p.m. Plaintiff's counsel shall initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
March 9, 2009
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PROTECTIVE ORDER adopting 79 Stipulation. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
April 2, 2009
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AMENDED STIPULATED PROTECTIVE ORDER - The Amended Motion for Protective Order 91 is granted. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
August 17, 2009
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ORDER - Upon consideration and after determining the above-captioned matters involve common questions of law and fact, the above-captioned matters are consolidated for discovery purposes to avoid unnecessary cost or delay pursuant to Fed. R. Civ. P. 42(a). Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
August 20, 2009
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ORDER that the motions for an immediate hearing (136 in 8:08CV290 and Filing No. 71 in 8:08CV368) are granted; a telephone conference regarding the status of deposition and consolidation of these matters will be held on August 24, 2009, at 9:00 a.m. with the undersigned magistrate judge and the parties. Counsel for the moving parties shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (CJP)
August 24, 2009
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ORDER - This matter is before the court on the motion for an immediate progression hearing regarding status of deposition and consolidation by the Defendants/Third Party Plaintiffs in Case No. 8:08CV290 and the Plaintiffs in Case No. 8:08CV368 (Filing No. 136 in 8:08CV290; Filing No. 71 in 8:08CV368). The court held a telephone conference with counsel on August 24, 2009. Counsel for all parties participated. The parties requested the deconsolidation of these matters to accommodate scheduled depositions. There being no objection, these cases are ordered deconsolidated and the court's order of August 17, 2009 (Filing No. 128 in Case No. 8:08CV290 and FilingNo. 69 in Case No. 8:08CV368) is vacated. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
August 24, 2009
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ORDER - This matter is before the court on the letter request of counsel for third-party defendant Bryan Reil, John R. Douglas, to reschedule the final pretrial conference scheduled for March 26, 2010, due to a conflict in Mr. Douglas's schedule. Since co-counsel David A. Blagg is available to appear at the pretrial conference, the pretrial conference will not be rescheduled at this time. Pursuant to NECivR 16.2(b), Mr. Douglas will be excused from the pretrial conference. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
October 8, 2009
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ORDER - The Plaintiff's Unopposed Motion to Amend Scheduling Order 142 is granted and the Order Setting Final Schedule for Progression of Case 76 is amended as set forth in this Order. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
December 2, 2009
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ORDER - Sun Life Assurance Company of Canada's Motion for Leave to File Second Amended Complaint 145 is granted. Sun Life shall have to on or before December 7, 2009, to file the Second Amended Complaint. The deadline for filing motions for summary judgment is extended from December 4, 2009, to January 14, 2010. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
December 21, 2009
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ORDER - The Joint Motion for Extension of Summary Judgment briefing deadlines 161 is granted. Defendants shall file their response brief and evidence in opposition to Plaintiff's Motion for Partial Summary Judgment on or before January 15, 2010. Plaintiff's shall file its Reply brief and evidence on or before February 5, 2010. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
January 21, 2010
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ORDER regarding 189 Motion for Protective Order and 202 Motion for Protective Order. The plaintiff's motions for protective order are hereby scheduled for a telephonic hearing on January 26, 2010, at 1:30 p.m. Counsel for the plaintiff shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
January 29, 2010
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ORDER denying Motions for Protective Order 189 and 202; granting Motion to Amend Scheduling Order 206. The parties shall have to on or before April 2, 2010, to mediate all claims associated with this action. The deadlines contained in the March 3, 2009, Scheduling Order 76 are canceled. The court will hold a telephone conference on April 5, 2010, at 1:30 p.m., if necessary, to progress this action to trial. Plaintiff's counsel to initiate telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
April 5, 2010
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ORDER: The mediation stay imposed by the Mediation Reference Order of 1/29/2010 213 is continued to 4/19/2010. The parties shall participate in a telephone conference with the undersigned judge on 4/19/2010 at 1:30 p.m. to report the status of the mediation and/or to schedule this matter for trial as ordered by Magistrate Judge Thomas D. Thalken. (SED)
April 19, 2010
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ORDER that the Telephone Conference is continued to 4/29/2010 at 9:00 AM before Magistrate Judge Thomas D. Thalken. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
April 30, 2010
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ORDER OF DISMISSAL granting 222 Stipulation for Dismissal; IT IS ORDERED that this action and all claims, counterclaims, or third-party actions that were brought or could have been brought is hereby dismissed, with prejudice, each party to bear its own costs and attorneys' fees. Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
April 30, 2010
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ORDER on motion to release funds 221 and upon stipulation 22 and Order of Dismissal 223; IT IS ORDERED that the Clerk of Court is directed to issue a check in the amount of $285,185.65, plus any accrued interest, less the fee authorized by NECivR 67.1(c), to: The Estate of Gaylord Kumm. The Clerk of Court is directed to mail the check to counsel for the Estate of Gaylord Kumm at the following address: Dennis Collins, Jewell, Collins and Flood, 105 S. 2nd Street, PO Box 1367, Norfolk, NE 68702-1367. Ordered by Chief Judge Joseph F. Bataillon. (copy to financial)(ADB, )
April 30, 2010
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ORDER NUNC PRO TUNC that the parties have filed a stipulation of dismissal and the action has been dismissed. Filing Nos. 222, Stipulation&223, Order. Accordingly, IT IS ORDERED that The Clerk of Court is directed to issue a check in the amount of $284,185.65, plus any accrued interest, less the fee authorized by NECivR 67.1(c), to: The Estate of Gaylord Kumm. The Clerk of Court is directed to mail the check to counsel for the Estate of Gaylord Kumm at the following address: Dennis Collins, Jewell, Collins and Flood, 105 S. 2nd Street, PO Box 1367, Norfolk, NE 68702-1367. Ordered by Chief Judge Joseph F. Bataillon. (copy to financial)(ADB, )