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08-293 - United States of America et al v. Peckham, Inc. et al


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08-293 - United States of America et al v. Peckham, Inc. et al
December 12, 2008
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ORDER granting 12 Motion for Leave to file amended complaint. The plaintiff's proposed amended complaint, a copy of which is attached to the plaintiffs motion to amend, shall be filed on or before December 19, 2008. Ordered by Magistrate Judge David L. Piester. (JAB)
December 29, 2008
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ORDER granting 15 Plaintiff's Unopposed Motion to Re-set Planning Conference. The Planning Conference is re-set for February 4, 2009 at 9:30 a.m. Plaintiff's counsel shall initiate the call. Ordered by Magistrate Judge David L. Piester. (JAB)
February 4, 2009
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MEMORANDUM AND ORDER-A planning conference with counsel in this matter was held this date by telephone conference call, pursuant to Fed. R. Civ.P. 16. In accordancewith the discussion during the conference, IT THEREFORE HEREBY IS ORDERED:1. Counsel shall, by March 27, 2009: a. Complete the pleadings process in accordance with the Federal Rules of Civil Procedure; b. Serve on all parties the disclosures required by Fed. R. Civ. P. 26(a)(1), except as provided in the following subparagraph; and c. Conduct a meet and confer conference and file an Amended Report of Parties' Planning Meeting as required by Fed. R. Civ. P. 26(f), generally following the form provided by the court. In the event the Rule 26(a)(1) disclosures cannot reasonably be served by March 27, 2009, the report shall state an appropriate deadline for such disclosures to be completed. 2. Counsel shall confer regarding settlement of this case, and whether an early mediation or settlement conference with the court should be held. Counsel shall, by April 15, 2009, inform the undersigned by letter from a designee from among counsel, or if necessary, separate letters, on the parties' joint or separate views on the likelihood of settlement through counsel's negotiations alone and also whether employing special settlement techniques involving counsel and party representatives should be pursued. 3. Except as otherwise agreed among counsel affected, no discovery shall be taken or requested until so ordered by thecourt upon motion. 4. The clerk shall send to counsel named above copies of the form currently in use for the Report of Parties' Planning Meeting and that typically used by the court for the convening of a settlement conference. (Attachments: # (1) Report of Parties Form, # (2) Settlement Conference Order)Ordered by Magistrate Judge David L. Piester. (Copies mailed as directed)(LKH)
February 6, 2009
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ORDER-The court's order of February 4, 2009 (filing no. 27) is amended to correct the spelling of two names in the first paragraph. Robert D. Moody is corrected to Robert D. Moodie. Tom Gillette is corrected to Thomas Goulette. The court apologizes to counsel for the misspellings of these names. Ordered by Magistrate Judge David L. Piester. (LKH)
February 25, 2009
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ORDER-The stipulation of plaintiffs and defendant City of West Point, filing no. 41, for time to answer the First Amended Complaint is approved. The deadline for the answer is extended to March 27, 2009. Ordered by Magistrate Judge David L. Piester. (LKH)
March 6, 2009
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ORDER granting 46 Motion to Withdraw as Attorney. The motion of Frederick S. Phillips to withdraw as co-counsel for plaintiff United States of America, filing no. 46, is granted. Ordered by Magistrate Judge David L. Piester. (JAB)
March 26, 2009
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ORDER granting 49 Stipulation. Pursuant to The City of West Point, Nebraska's and West Point Dairy, LLC's Stipulation Extending The City of West Point's Time to respond to the cross-claim of Defendant, West Point Dairy Products, LLC, the deadline for response to said cross-claim is extended to April 21, 2009. Ordered by Magistrate Judge David L. Piester. (JAB)
April 22, 2009
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ORDER granting 59 Consent Motion to Extend. Pursuant to the United States' Consent Motion to Extend the United States' Time to File a Motion to Dismiss the Cross-Claims of West Point Dairy Products, LLC, the deadline for filing a motion to dismiss said cross-claim is extended to May 14, 2009. Ordered by Magistrate Judge David L. Piester. (JAB)
April 27, 2009
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ORDER - A settlement conference shall be held before the undersigned with counsel and representatives of the parties on May 14, 2009 at 9:00 a.m. in chambers, 566 Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. The parties' representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference in accordance herewith. To avoid unnecessary incurring of travel and other expenses if the settlement conference is cancelled or postponed, request for a conference to discuss cancellation or postponement must be made on or before May 11, 2009. Ordered by Magistrate Judge David L. Piester. (LKH)
April 30, 2009
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ORDER granting 63 Motion to Extend. Defendant West Point Dairy Products, LLC's unopposed motion (filing 63) to extend time to respond to the pending motion (filing 57) to dismiss cross-claim of West Point Dairy Products, LLC, is granted; Defendant West Point Dairy Products, LLC, shall respond to the motion (filing 57) to dismiss cross-claim on or before May 14, 2009. Ordered by Judge Richard G. Kopf. (JAB)
May 6, 2009
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ORDER regarding 67 Motion to Continue. PURSUANT to the United States' Consent Motion to Continue Settlement Conference to a Later Date, and the Court being fully advised of the premises, IT IS ORDERED, ADJUDGED, AND DECREED that the motion, filing no. 67, is granted and the settlement conference currently scheduled for May 14, 2009 is continued; and that Counsel for the United States shall confer with counsel for all parties and propose a mutually agreeable new date for the settlement conference consistent with the Courts availability. Ordered by Magistrate Judge David L. Piester. (LKH)
May 19, 2009
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MEMORANDUM AND ORDER - The Joint Motion to Extend the United States' Time to File a Motion to Dismiss the Cross-Claims of West Point Dairy Products, LLC, and to Extend West Point Dairy Products, LLC's and Wimmer's Meat Products, Inc.'s Time to File Responses to the Motion to Dismiss Filed by the City of West Point (filing 72) is granted; Plaintiff United States of America may file a motion to dismiss West Point Dairy Products, LLC's, cross-claims on or before June 15, 2009; West Point Dairy Products, LLC, and Wimmers Meat Products, Inc., are granted until June 15, 2009, to respond to the City of West Points pending motion to dismiss (filing 57); The Clerk of Court shall adjust the court's computerized record-keeping system to indicate that the response due date for Filing 57 is June 15, 2009. Ordered by Judge Richard G. Kopf. (LKH)
June 16, 2009
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ORDER - The Joint Motion To Abate75 is granted. All deadlines related to the United States' time for filing a motion to dismiss West Point Dairy Products, LLC's Cross-Claims, and to West Point Dairy Products, LLC's and Wimmer's time to respond to the City of West Point's Motion (filing 57) to Dismiss the Cross-Claim of West Point Dairy Products, LLC, are abated until either (a) the United States files a motion to enter the proposed consent decree (filing 74) and the Court approves the same or (b) until the United States files a notice withdrawing from the proposed consent decree; The City of West Points Motion (filing 57) to Dismiss the Cross-Claim of West Point Dairy Products, LLC, is held in abeyance until further order of the court. Ordered by Judge Richard G. Kopf. (JAB)
July 6, 2009
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MEMORANDUM AND ORDER - The settlement conference scheduled before Magistrate Judge Piester on August 17, 2009, and the planning conference scheduled before Magistrate Judge Piester on October 13, 2009, are cancelled. Ordered by Judge Richard G. Kopf. (GJG)
July 10, 2009
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MEMORANDUM AND ORDER granting 79 Motion for Settlement Conference. The court specifically refers the settlement conference in this case to Magistrate Judge Thomas D. Thalken. The parties' settlement conference will be held before Magistrate Judge Thalken at the Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Courtroom #7, Omaha, Nebraska on August 18, 2009 beginning at 9:00 a.m. Ordered by Judge Richard G. Kopf. (Copy to Judge Thalken)(JAB)
July 13, 2009
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ORDER - The provisions of the settlement conference order (Filing No. 62) shall remain in effect for the settlement conference scheduled before the undersigned magistrate judge on August 18, 2009. Any notice under paragraph 4 of the settlement conference order shall be made on or before August 3, 2009. Settlement conference statements provided for in paragraph 5 of the settlement conference order may be mailed or delivered to Magistrate Judge Thomas D. Thalken, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska 68102, faxed to 402-661-7345 or e-mailed to [email protected] on or before August 14, 2009. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
August 20, 2009
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ORDER that following a settlement conference with the parties on August 18, 2009: The plaintiffs, United States of America and the State of Nebraska reached a settlement with the defendant Wimmer's Meat Products, Inc. Such parties shall file a proposed consent decree in this matter on or before October 15, 2009. The plaintiffs, United States of America and the State of Nebraska and the defendants, Peckham, Inc., and Mark Peckham failed to reach a settlement. Accordingly this matter will be progressed to trial on the issues between such parties. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )
August 24, 2009
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MEMORANDUM AND ORDER - On or before September 8, 2009, the plaintiffs and defendants Peckham, Inc. and Mark Peckham shall jointly file a motion setting forth their proposed deadlines for continued progression of this case to trial, including deadlines for serving mandatory disclosures, disclosing experts and their reports, and completing discovery, and a statement of when the case will be ready for trial. (Case Management Deadline set for 9/8/2009.) Ordered by Judge Richard G. Kopf. (GJG)
August 27, 2009
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MEMORANDUM AND ORDER - The motion to enter consent decree (filing 91) filed by plaintiffs United States of America and the State of Nebraska and defendant West Point Dairy Products, LLC, is granted. The Clerk of Court shall file the above-described consent decree, as signed and dated by the undersigned United States District Judge, as a separate document following the filing of this memorandum and order. The Clerk of Court shall terminate defendant West Point Dairy Products, LLC, as a party to this action. The motion to dismiss the cross-claim of West Point Dairy Products, LLC, (filing 57) filed by defendant City of West Point, Nebraska, is denied as moot. Ordered by Judge Richard G. Kopf. (JAB)
August 27, 2009
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CONSENT DECREE filed pursuant to Memorandum and Order 94. Ordered by Judge Richard G. Kopf. (JAB)
September 29, 2009
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MEMORANDUM AND ORDER - The defendants are not entitled to a jury trial regarding the amount of civil penalties owed by the defendants, if any, and the plaintiffs' motion to strike the defendants' request for a jury trial on that issue, (filing no. 98), is granted. Ordered by Judge Richard G. Kopf. (JAB)
October 15, 2009
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CONSENT DECREE filed pursuant to Memorandum and Order112. Ordered by Judge Richard G. Kopf. (JAB)
December 23, 2009
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MEMORANDUM AND ORDER granting 121 Motion to Stay. The joint motion filed by the plaintiffs and Peckham defendants, (filing no. 121), is granted, and except as to public notice of the proposed consent decree and obtaining court approval to settle, this case is stayed and all progression deadlines are abated until February 15, 2010. Ordered by Judge Richard G. Kopf. (JAB)
January 7, 2010
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MEMORANDUM AND ORDER - The motion to enter consent decree (filing 123) filed by plaintiffs United States of America and the State of Nebraska is granted. The Clerk of Court shall file the above-described consent decree, as signed and dated by the undersigned United States District Judge, as a separate document following the filing of this memorandum and order. The Clerk of Court shall terminate defendant Wimmer's Meat Products, Inc., as a party to this action. Ordered by Judge Richard G. Kopf. (JAB)
January 7, 2010
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CONSENT DECREE entered pursuant to Memorandum and Order125. Ordered by Judge Richard G. Kopf. (JAB)
January 26, 2010
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ORDER. It is ordered that:(1)The following matter previously scheduled before the undersigned is herewith referred to Judge Zwart, to wit,(A)Nature of hearing:Pretrial conference.(B)Date and time of hearing: Thursday, July 15, 2010, at 9:00 a.m.(C)Place of hearing: Judge Zwart's chambers, Room 566, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(2)Judge Zwart will issue a report and recommendation or order as is appropriate. Ordered by Judge Richard G. Kopf. (KLL, )
May 19, 2010
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MEMORANDUM AND ORDER granting 133 Plaintiff's Motion to enter consent decree. The Clerk of Court shall file the above-described consent decree, as signed and dated by the undersigned United States District Judge, as a separate document following the filing of this memorandum and order. The Clerk of Court shall terminate defendants Peckham, Inc. (f/k/a West Point Dairy Products, Inc.) and Mark Peckham as parties to this action. As the court has previously entered consent decrees between Plaintiffs and each of the other defendants in this case (filings 95, 113, 126) as final judgments under Fed. R. Civ. P. 54 and 58, the filing of the consent decree between Plaintiffs and defendants Peckham, Inc. (f/k/a West Point Dairy Products, Inc.) and Mark Peckham resolves all outstanding claims in this case, and the Clerk of Court shall terminate this case. Ordered by Judge Richard G. Kopf. (JAB)
May 19, 2010
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CONSENT DECREE entered pursuant to Memorandum and Order135. Civil Case Terminated. Ordered by Judge Richard G. Kopf. (JAB) Modified on 5/19/2010 to reflect a copy was sent to Finance)(JAB)