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08-368 - Kumm et al v. Phoenix Life Insurance et al


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08-368 - Kumm et al v. Phoenix Life Insurance et al
February 5, 2009
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ORDER - The planning conference scheduled for February 10, 2009, at 10:30 a.m. will be held before the undersigned magistrate judge in Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
April 23, 2009
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ORDER granting 51 Motion to Extend Time. The Plaintiffs have until on or before May 11, 2009, to file their brief opposing Defendants' Motion to Dismiss 43. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
May 1, 2009
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ORDER - granting 53 Motion to Extend. 1. The parties Stipulated Motion for Extension of Expert Disclosure Deadlines (Filing No. 53) is granted to the extent the expert witness disclosure deadlines are suspended pending further order of the court. 2. The parties shall have five (5) business days from the date an order is filed on the defendants motion to dismiss (Filing No. 43), in which to schedule a planning conference with the court. Counsel for the plaintiffs shall contact the court within such time period to schedule the planning conference. The conference is for the purpose of reviewing the preparation of the case and re-scheduling of the case to trial, if necessary. Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
June 2, 2009
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PROTECTIVE ORDER.Ordered by Magistrate Judge Thomas D. Thalken. (TJS)
August 3, 2009
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MEMORANDUM AND ORDER that Plaintiffs Ben Kumm and Glen Kumm have standing to bring this suit with regards to both policies and all three claims; Plaintiffs Janice Kumm, DeAnn Kumm, and Starr Kumm, individually, have not established standing for any claims, but have thirty days to file an amended complaint to establish standing; Plaintiff Estate of Gaylord Kumm has not established standing to bring suit, and all claims on behalf of this plaintiff are dismissed pursuant to Fed. R. Civ. P. 12(b)(1); Plaintiffs Janice Kumm and DeAnn Kumm, as co-personal representatives of the estate, have not established standing as to the breach of contract/estoppel claim for the $5,000,000 policy, but have thirty days to file an amended complaint to establish suchstanding; Plaintiffs Janice Kumm and DeAnn Kumm, as co-personal representatives of the estate, have established standing to bring suit for negligence and fraud for both the $5,000,000 and $20,000,000 policies; all Plaintiffs fail to plead fraud with sufficient particularity under Fed. R. Civ. P. 9(b), but have thirty days to file an amended complaint to meet the particularity requirement; Plaintiffs Ben Kumm and Glen Kumm state a claim for negligence with regard to both the $5,000,000 and $20,000,000 policies; Plaintiffs Janice Kumm and DeAnn Kumm, as co-personal representatives ofthe estate, state a claim for negligence with regard to both the $5,000,000 and$20,000,000 policies; Plaintiffs Ben Kumm and Glen Kumm state a claim for breach of contract/estoppel with regard to the $5,000,000 policy; Plaintiffs Janice Kumm and DeAnn Kumm, as co-representatives of the estate, fail to state a claim for breach of contract/estoppel with regard to either policy, but havethirty days to file an amended complaint to state such claims.Ordered by Chief Judge Joseph F. Bataillon. (CJP)
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 (Filing No. 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)
February 8, 2010
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ORDER denying 77 Motion to Dismiss the Plaintiffs' Second Amended Complaint. Defendants shall file an answer within 14 days of the date of this order. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
April 2, 2010
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ORDER: The court has been informed by counsel for the plaintiffs that the parties have reached a preliminary settlement of this matter but that additional time is required to finalize the documentation. The parties request an additional thirty days to finalize the agreement. The request is granted. The parties shall file a status report in this matter on or before 5/5/2010. The mediation stay is continued and the telephone conference scheduled for 4/5/2010 is canceled as ordered by Magistrate Judge Thomas D. Thalken. (SED)
April 19, 2010
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ORDER a telephone status conference with the undersigned magistrate judge is scheduled for 4/21/2010 at 1:30 p.m. as ordered by Magistrate Judge Thomas D. Thalken. (Status Conference set for 4/21/2010 at 01:30 PM before Magistrate Judge Thomas D. Thalken.) (SED)
April 23, 2010
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ORDER on or before 5/7/2010 the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to Chief Judge Bataillon a draft order which will fully dispose of the case; the final pretrial conference scheduled for 5/13/2010 is cancelled; the trial scheduled for the week of 6/14/2010 is cancelled; all currently pending motions are hereby denied as moot; absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice as ordered by Magistrate Judge Thomas D. Thalken. (SED)
April 30, 2010
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ORDER ON STIPULATION OF DISMISSAL regarding 132 this action and all claims or counterclaims that were brought or could have been brought is dismissed with prejudice with each party to bear its own costs and attorneys' fees as ordered by Chief Judge Joseph F. Bataillon. (SED)