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16-026 - Fergin v. Westrock Company et al


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16-026 - Fergin v. Westrock Company et al
September 21, 2016
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PROTECTIVE ORDER - The Parties' Joint Motion for Entry of Protective Order (Filing No. 23) is granted. Ordered by Magistrate Judge F.A. Gossett. (LAC)
November 1, 2016
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ecember 5, 2016, to file an answer or otherwise respond to the Amended Complaint. Ordered by Magistrate Judge F.A. Gossett. (LAC)ORDER that Defendant Westrock's Motion to Strike (Filing No. 25) is denied. Defendant Magnum LTL, Inc., (Magnum)'s Unopposed Motion for Extension of Time (Filing No. 37) is granted. Defendant Magnum shall have an extension of time to D
September 1, 2017
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ORDER ON JOINT PROTECTIVE ORDER. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
December 1, 2017
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ORDER that Defendant Westrock Company's Motion to Compel and Motion for Sanctions Against Magnum Dedicated, Inc. (Filing No. 110) is granted. Defendant XPO's Motion to Compel Magnum LTL, Inc. and Mangum Dedicated, Inc.'s Discovery Responses (Filing No. 112) is granted. The Magnum defendants shall supplement its responses to each discovery request set forth above, on or before December 15, 2017. Magnum Dedicated shall have until December 20, 2017, to show cause why sanctions, including the award of attorneys' fees incurred by Westrock and XPO under Rule 37, should not be imposed. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
April 2, 2018
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ORDER that Westrock and XPO are awarded their reasonable costs and attorney's fees in bringing their motions to compel (Filing Nos. 110 and 112). Counsel for the parties shall confer on a reasonable amount to be awarded and, if there is agreement, shall file on or before April 23, 2018, a stipulation of the costs and fees to be awarded. In the event the parties fail to reach an agreement, Plaintiff may file on or before May 7, 2018, an application for the award of the costs and fees accompanied by an affidavit of such costs and fees, pursuant to NECivR 54.3 and 54.4. Magnum shall have until on or before May 22, 2018, to respond to the application. Thereafter, the issue of costs and sanctions will be deemed submitted and a written order entered. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
May 10, 2018
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ORDER that the Final Pretrial Conference scheduled for May 21, 2018, and the Trial currently scheduled to commence June 19, 2018, are canceled, and will re-set by further order of the court. Within 14-days of the Court's ruling on the Magnum defendants' Motion for Summary Judgment (Filing No. 146), the parties shall meet and confer and submit to the undersigned magistrate judge a joint proposed amended case progression schedule. If the parties cannot jointly agree, or if there are other unresolved issues, the parties shall request a telephone conference with the undersigned magistrate judge. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
June 14, 2018
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AMENDED MEMORANDUM AND ORDER that the Motion for Summary Judgment, ECF No. 122, filed by Defendant Westrock Company, is granted. The Motion to Deny or Defer Summary Judgment, ECF No. 135, filed by Plaintiff Michael Fergin, is denied. Defendant Westrock Company is dismissed from the above-captioned action, with prejudice. Ordered by Chief Judge Laurie Smith Camp. (LAC)
June 15, 2018
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MEMORANDUM AND ORDER that the Motion for Summary Judgment, ECF No. 146, filed by Defendants Magnum LTL, Inc., and Magnum Dedicated, Inc., is granted. The Motion to Defer Ruling on the Motion for Summary Judgment, ECF No. 150, filed by Defendant XPO, is denied. The Motion to Amend, ECF No. 171, filed by Magnum Defendants, is granted. The Statement of Objection, ECF No. 173, filed by Magnum Defendants, is overruled. Plaintiff Michael Fergin's claim against Defendants Magnum LTL, Inc., and Magnum Dedicated, Inc., is dismissed, with prejudice; and Counsel for Westrock Co. and Defendants XPO, Magnum LTL, Inc., and Magnum Dedicated, Inc., shall confer on a reasonable amount to be awarded and, if there is agreement, shall file on or before July 6, 2018, a stipulation of the costs and fees to be awarded. In the event the parties fail to reach an agreement, Westrock Co. and XPO may file on or before July 20, 2018, an application for the award of the costs and fees accompanied by an affidavit of such costs and fees, pursuant to NECivR 54.3 and 54.4. Magnum LTL, Inc., and Magnum Dedicated, Inc., shall have until on or before August 3, 2018, to respond to the application. Thereafter, the issue of costs and sanctions will be deemed submitted to Magistrate Judge Michael D. Nelson for adjudication. Ordered by Chief Judge Laurie Smith Camp. (LAC)
June 25, 2018
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ORDER that the Stipulation of Defendants XPO and Magnum (Filing No. 190) is approved. Defendants Magnum LTL, Inc., and Magnum Dedicated, Inc., shall submit payment to XPO in the amount of $1,806.00 via check payable to the order of XPO and delivered to counsel for XPO on or before July 27, 2018. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
July 10, 2018
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ORDER that the Stipulation of Defendants WestRock and Magnum (Filing No. 195) is approved. Defendants Magnum LTL, Inc., and Magnum Dedicated, Inc., shall submit payment to WestRock in the amount of $4,233.00 via check payable to the order of WestRock and delivered to counsel for WestRock on or before August 10, 2018. Ordered by Magistrate Judge Michael D. Nelson. (LAC)