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15-090 - Applied Underwriters, Inc. v. Top's Personnel, Inc.


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15-090 - Applied Underwriters, Inc. v. Top's Personnel, Inc.
January 22, 2016
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MEMORANDUM AND ORDER - The plaintiffs are ordered to show cause on or before February 5, 2016 why the Court should not dismiss Count II, without prejudice, for lack of standing. The defendant may (but is not required to) file a brief addressing the matter of standing on or before February 11, 2016. Ordered by Judge John M. Gerrard. (GJG)
February 17, 2016
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MEMORANDUM AND ORDER that as to Count II of the complaint, on or before March 7, 2016, either Applied Risk Services, Inc. shall demonstrate why it is the real party in interest, or the real party in interest shall ratify, join, or be substituted into this action. If the plaintiffs fail to remedy this deficiency by March 7, 2016, the Court will dismiss Count II of the complaint without further notice. Ordered by Judge John M. Gerrard. (JSF)
March 21, 2016
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ORDER - After conferring with counsel,1) Defendant's anticipated motion to arbitrate the entire case, or in the alternative, to stay this litigation pending the outcome of arbitration shall be filed on or before April 5, 2016.2) Plaintiff's response shall be filed on or before April 19, 2016.3) Defendant's reply, if any, shall be filed on or before April 26, 2016.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 26, 2016
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FINDINGS AND RECOMMENDATION and ORDER to Dismiss or in the Alternative Stay Pending Arbitration, (filing no. 27), is denied. IT IS RECOMMENDED to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. ยง 636(b), that the motion to dismiss filed by the defendant (filing no. 27), be denied in its entirety. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
June 16, 2016
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MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation (filing 34) are adopted. The defendant's motion to dismiss (filing 27) is denied. This matter is referred to the Magistrate Judge for case progression. Ordered by Judge John M. Gerrard. (GJG)
December 22, 2016
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ORDER that the telephonic conference scheduled for January 10, 2017 is cancelled. Motions to compel Rule 33 through 36 discovery must be filed by January 17, 2017. Note: Motions to compel shall not be filed without first contacting the chambers of the undersigned magistrate judge to set a conference for discussing the parties' dispute. Any motion to withdraw deemed admissions to Requests for Admissions must be filed on or before January 17, 2017. The deposition deadline is February 17, 2017. All other deadlines and settings in the court's progression order, (Filing No. 39), are unchanged. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
January 17, 2017
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ORDER denying 46 Motion to Compel Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
February 23, 2017
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MEMORANDUM AND ORDER that Plaintiffs motion to continue its deadline to respond to Defendant's motion to compel, (Filing No. 68), is denied as moot. By agreement of the parties, Plaintiff's response was filed February 21, 2017. Defendant's reply brief in support of its motion to compel is due February 27, 2017. The deposition deadline is March 13, 2017. Defendant's opposition to Plaintiff's motion for summary judgment is due March 15, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
March 31, 2017
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MEMORANDUM AND ORDER Defendant's Motion to Compel is granted in part and denied in part, (Filing No. 46), as set forth below. a) Defendant Top's Personnel's motion to compel is granted as to Interrogatories 2, 3, 4, 5, 6, 7, 11 & 15 served on Plaintiff Applied Underwriters as set forth in the body of this order. b) Defendant Top's Personnel's motion to compel is granted as to the Request for Production served on Plaintiff Applied Underwriters. c) Defendant's request to depose Plaintiff's Counsel, Jeffrey Silver, is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
April 5, 2017
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ORDER granting 49 Motion to Extend. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
April 25, 2017
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ORDER that Plaintiff's discovery responses, as ordered on March 31, 2017 (see Filing No. 77), shall be served on or before April 28, 2017. Defendant's deadline for responding to the pending motion for summary judgment is stayed pending further order of the court. A telephonic conference with the undersigned magistrate judge will be held on May 17, 2017 at 11:00 a.m. to discuss further case progression, including the deadline for responding to Plaintiff's motion for summary judgment. Counsel shall use the conferencing instructions assigned to this case, (see Filing No. 40), to participate in the call. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
August 7, 2017
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MEMORANDUM AND ORDER Defendant Top's Personnel's Motion to Compel is granted (Filing No. 89), as follows: Defendant's motion to compel is granted as to Interrogatories 3, 5, 6, & 7 and the Requests for Production served on Plaintiff Applied Underwriters as set forth in the body of this order. On or before August 18, 2017, Plaintiff shall fully respond to these discovery requests. Defendant's request to depose Plaintiff's Counsel, Jeffrey Silver, is granted. Mr. Silver shall cooperate in scheduling his deposition and in responding to deposition questions, such deposition to be completed on or before September 11, 2017. Defendant Top's Personnel's Motion for Sanctions, (Filing No. 89), is granted. Defendant are entitled to reimbursement for attorney's fees and expenses incurred by Plaintiffs in preparing its second Motion to Compel, and On or before August 18, 2017, Defendant's counsel shall serve counsel with an itemization of fees and costs incurred in filing the motion to compel. Plaintiff's counsel shall respond to this itemization within ten days thereafter. If the parties agree as to the amount to be awarded, on or before September 5, 2017, they shall file a joint stipulation for entry of an order awarding costs and fees to Defendant. If the parties do not agree on the attorney fees and costs to be awarded, or if Plaintiff does not timely respond to the Defendant's itemization and demand, Defendant shall file an application for assessment of attorney fees and costs by no later than September 11, 2017. This application shall be submitted in accordance with the court's fee application guidelines outlined in Nebraska Civil Rules 54.3 and 54.4. If a formal and disputed motion for assessment of recoverable fees is required, the prevailing party may be awarded up to $1,000 for its costs and fees in litigating this fee issue. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
September 5, 2017
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Zwart. (LAC)ORDER that fees and costs are awarded pursuant to the Court's August 7, 2017 Order (Filing No. 95) in the amount of $5,500.00, to be paid by Plaintiff to Defendant on or before September 15, 2017. Ordered by Magistrate Judge Cheryl R.
October 20, 2017
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ORDER setting discovery, motion to amend, and summary judgment deadlines. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
November 30, 2017
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ORDER that the parties' joint motion to extend, (filing no. 111), is granted. a) The discovery deadline is January 2, 2018. b) Any motion for leave to amend Defendant's answer and allege counterclaims shall be filed on or before January 16, 2018. Further extensions will not be granted absent a showing of substantial good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
January 26, 2018
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for class certification is March 2, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)ORDER - For the reasons stated on the record (Filing No. 124), Defendant's Motion for Leave to Amend (Filing No. 116) is granted. Defendant shall file an amended answer and counterclaim on or before February 2, 2018. Discovery related to the merits Defendant's counterclaim shall commence on or after the date the amended answer and counterclaim are filed with the court. The deadline for motions for summary judgment is extended to February 9, 2018. The deadline to file a motion
February 21, 2018
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ORDER - The plaintiff's objection 139 is overruled. The plaintiff's motion to stay discovery 149 is denied as moot. The plaintiff's motion to strike the defendant's amended answer and counterclaim 150 is denied. Ordered by Judge John M. Gerrard. (SLP)
February 22, 2018
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ORDER that the motion to withdraw filed by Meghan M. Blinn and her firm, Kutak Rock, LLP, as counsel of record for Top's Personnel, Inc., (Filing No. 154), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
March 8, 2018
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ORDER that the deadline for Plaintiff to file a brief in opposition to Defendant's motion for class certification (Filing No. 161) is extended to April 16, 2018. Defendant's reply to Plaintiffs opposition shall be filed on or before May 7, 2018. The deadline to file a reply brief in support of each parties' motion for summary judgment (Filing Nos. 141 and 145) is extended to March 13, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
April 10, 2018
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ORDER granting 181 Motion to Continue. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 4, 2018
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ORDER regarding 185 Motion to Compel. Plaintiff did not comply with the court's order 39 before filing a motion to compel. Accordingly, it is ordered that Plaintiff's motion to compel, 185, is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (SLP)
May 15, 2018
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ORDER that Applied Underwriter's motion to compel shall be filed on or before May 21, 2018. Tops Personnel's response shall be filed on or before June 1, 2018. No reply shall be filed absent leave of the court for good cause shown. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
July 25, 2018
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MEMORANDUM AND ORDER that Applied's motion to compel (Filing No. 197) is granted in part and denied in part as outlined in this order. The deadline for completing class certification discovery is September 7, 2018. Applied's deadline for filing its response to the motion for class certification is October 9, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
August 2, 2018
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MEMORANDUM AND ORDER - Applied Underwriters' motion for summary judgment (filing 141) is granted. Applied Underwriters' motion to strike (filing 163) is denied. Top's motion for summary judgment (filing 145) is denied. Top's is ordered to pay Applied the sum of $166,202.65. This matter is referred to the Magistrate Judge for case progression. Ordered by Judge John M. Gerrard. (JAB)
August 22, 2018
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ORDER - The deadline for Global Indemnity Insurance Agency, Inc. (Global) to produce the documents as required under the court's prior order, (Filing No. 201), is August 31, 2018. The deadline for completing class certification discovery is October 19, 2018. Applied's deadline for filing its response to the motion for class certification is November 21, 2018, with any reply due on or before December 7, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
November 9, 2018
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ORDER - Top's Personnel's motion to compel production of all discovery in in litigation pending against Applied Underwriters in California (the Shasta Linen litigation) and in New York (the National Conventions Services (NCS) litigation), shall be filed on or before November 16, 2018. Any response shall be filed on or before November 30, 2018. No reply shall be filed absent leave of the court for good cause shown. Applied's deadline for filing its response to the motion for class certification is extended to December 21, 2018, with any reply due on or before January 4, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)