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13-047 - West Plains, L.L.C. v. Retzlaff Grain Company Incorporated, et al


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13-047 - West Plains, L.L.C. v. Retzlaff Grain Company Incorporated, et al
February 12, 2013
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MEMORANDUM AND ORDER - West Plains' Motion for Temporary Restraining Order and Preliminary Injunction (Filing No. 5) is granted in part, as follows: Defendants Jeffrey Bradley, Thomas Danner, Rebecca Danner, Jody May, Chad Needham, Todd Payzant, Crystal Konecky, Samatha Rhone, Cindy Scholting and Drew Waggoner (the "Individual Defendants") are restrained and enjoined from directly or indirectly soliciting or contacting, with a view to brokering with, servicing, contracting with, or accepting business from any person, firm, business, customer, client, or contractor with whom the Individual Defendants solicited or serviced or otherwise dealt with on behalf of West Plains. Defendants are restrained and enjoined from directly or indirectly using, disclosing or transmitting for any purpose any confidential information and trade secrets obtained by Individual Defendants during their employment with West Plains, including without limitation, information about customer needs (e.g. quantity of resources and location of resources needed by customers; and customer contact personnel and their corresponding facsimile numbers, telephone numbers, or email contact information); pricing processes and rates; driver databases and/or spreadsheets and information contained therein or derived therefrom; proposals made or planned by West Plains for such customers; and technical analyses or other data provided by West Plains for use by Individual Defendants in servicing customers and contract carriers (collectively the "Confidential Information"). Defendants and all persons or entities acting in concert with them are restrained and enjoined from destroying, manipulating, or disposing of any data, including Confidential Information, taken from West Plains. Defendants and all persons or entities acting in concert with them shall immediately return to West Plains all original records or documents and any copies in whatever form or type, that contain Confidential Information belonging to West Plains. Defendants are restrained and enjoined from directly or indirectly taking freight orders or placing freight orders for brokerage from any person, firm, business, customer, client, or contractor with whom the Individual Defendants solicited or serviced or otherwise dealt with on behalf of West Plains. This Temporary Restraining Order is issued on February 12, 2013, at 3:20 p.m., and expires on February 26, 2013, at 3:20 p.m., unless earlier amended or vacated. Plaintiff is instructed to effect service of this Temporary Restraining Order upon Defendants according to Fed. R. Civ. P. 65(d)(2). Plaintiff will remit to the Clerk of Court security in the amount of $25,000.00, that will be paid to Defendants, in whole or part, in the event that Defendants are found to have been wrongfully enjoined. Ordered by Chief Judge Laurie Smith Camp. (Copy to Finance)(AOA)
February 26, 2013
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MEMORANDUM AND ORDER - Plaintiff West Plains, L.L.C. d/b/a CT Freight Company's Motion for Preliminary Injunction (Filing No. 5) is granted in part. The Clerk of Court is instructed to remit to Plaintiff West Plains, L.L.C. d/b/a CT Freight Company C/O Kathryn Dittrick, 409 S. 17th Street, Suite 500, Energy Plaza, Omaha, NE 68102, the security in the amount of $25,000.00, that it deposited with the Clerk of Court on February 12, 2013. Ordered by Chief Judge Laurie Smith Camp. (Copy to Finance)(AOA)
April 19, 2013
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MEMORANDUM AND ORDER - Plaintiff's Motion to Compel Compliance (Filing No. 51) is denied, without prejudice to reassertion. Ordered by Chief Judge Laurie Smith Camp. (AOA)
July 18, 2013
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PROTECTIVE ORDER - Ordered by Magistrate Judge F.A. Gossett. (AOA)
February 3, 2014
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ORDER granting 75 Stipulated Motion to Amend Progression Order. Deposition deadline is set for 7/31/2014. The pretrial conference with Magistrate Judge F.A. Gossett is set for 12/22/2014 at 9:30 a.m., in chambers. A jury trial before Chief Judge Laurie Smith Camp is set for 1/20/2015 at 8:30 A.M., in Courtroom 2, 3rd Floor of the Roman L. Hruska U. S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
June 3, 2014
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ORDER - Plaintiff's Motion to Compel Discovery Responses (filing 77) is granted, inpart, as set forth. Defendants' Motion to Compel Discovery Responses (filing 80) is granted as set forth. Ordered by Magistrate Judge F.A. Gossett. (AOA) Modified on 6/4/2014 (AOA, ).
August 11, 2014
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SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 101 the parties' Joint Motion to Amend. Depositions due 12/31/2014. Pretrial conference set for 4/20/2015 at 9:30 A.M., in Chambers before Magistrate Judge F.A. Gossett. Jury trial set for the week of 5/19/2015 in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
December 17, 2014
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THIRD AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 107 Joint Motion to Amend. Deposition deadline set for 4/30/2015. The final pretrial conference with Magistrate Judge F.A. Gossett will be held in chambers on 8/21/2015 at 9:30 A.M. A jury trial before Chief Judge Smith Camp is set for the week of 9/22/2015 at 8:30 A.M., in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
July 27, 2015
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FOURTH AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 133 Joint Motion to Amend. The deposition deadline is 10/31/2015. The final pretrial conference before Magistrate Judge F.A. Gossett is set for 10/19/2015 at 10:30 A.M., in chambers. The jury trial is set for the week of 11/17/2015 at 8:30 A.M., before Chief Judge Laurie Smith Camp, Courtroom 2, 3rd Floor of the Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
January 13, 2016
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MEMORANDUM AND ORDER Defendants' Motion in Limine (Filing No. 152), is denied. Plaintiff's Motion in Limine (Filing No. 157), is granted, in part, as follows: Consistent with this Memorandum and Order, Defendants are precluded, in limine, from mentioning, making reference to, eliciting testimony regarding, or offering evidence of employment agreements of individuals hired by West Plains, LLC, after February 5, 2013. The Motion is otherwise denied. Ordered by Chief Judge Laurie Smith Camp. (LAC)
January 29, 2018
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ORDER that the Joint Motion of the Plaintiffs and Defendants to Discharge the Supersedeas Bond, ECF No. 257, is granted. Supersedeas Bond Number 106288703 (the "Bond") in the amount of $1,600,000, ECF No. 223, is hereby released. Travelers is hereby released from any and all past, present and future liability arising under or in connection with the Bond. The Clerk of the Court is directed to release the Bondfor immediate return to Travelersto: Brent Meyer, Esq., Husch Blackwell LLP, 13330 California Street, Suite 200 Omaha, NE 68154. Ordered by Chief Judge Laurie Smith Camp. (Emailed Copy to Finance)(LAC)