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16-351 - State of Nebraska v. STABL, Inc. et al


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16-351 - State of Nebraska v. STABL, Inc. et al
September 26, 2016
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ORDER - Plaintiff's Motion to Deny Defendants' Motion to Dismiss as Moot (Filing No. 20 ) is granted. Defendants' Motion to Dismiss (Filing No. 13 ) is denied as moot. Ordered by Chief Judge Laurie Smith Camp. (GJG)
November 29, 2016
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MEMORANDUM AND ORDER - Defendants' Motion to Dismiss or Make More Definite and Certain, ECF No. 30, is denied. Ordered by Chief Judge Laurie Smith Camp. (GJG)
November 30, 2016
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ORDER - Defendants will respond to the Amended Complaint, ECF No. 15, on or before December 12, 2016. Ordered by Chief Judge Laurie Smith Camp. (GJG)
February 28, 2017
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ORDER - The Joint Motion to Consolidate (Filing No. 31 in Case No. 8:16CV233; Filing No. 48 in Case No. 8:16CV351) is granted, in part. To the extent that the motion to consolidate asks the cases be consolidated for trial, it is denied without prejudice to reassertion at a later date. The two above-captioned cases are consolidated for purposes of discovery and pretrial management only. Case No. 8:16CV233 will be designated as the "Lead Case" and Case No. 8:16CV351 will be designated as "Member Case." The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. The parties are instructed to file documents related to discovery (except those described in paragraph 5) in the Lead Case and to select the option "yes" in response to the System's question whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes an item in addition to those described in paragraph 4 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. The Rule 26(f) Report, currently due on or before March 15, 2017, shall encompass both cases. Ordered by Magistrate Judge F.A. Gossett. (GJG)
March 30, 2017
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STIPULATED PROTECTIVE ORDER granting (41) Joint Motion for Protective Order in case 8:16cv233 and (58) in case 8:16cv351. Ordered by Magistrate Judge F.A. Gossett. (SMN)
October 6, 2017
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ORDER IT IS ORDERED that the Joint Motion to Extend Expert Deadlines (Filing No. 66 in Case No. 8:16cv233; Filing No. 78 in Case No. 8:16cv351) is granted. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDNOrdered by Magistrate Judge Michael D. Nelson. (LAC)
December 11, 2017
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ORDER that the Second Joint Motion to Extend Expert Deadlines (Filing No. 73 in Case No. 8:16cv233; Filing No. 81 in Case No. 8:16cv351) is granted. The provisions of the Court's earlier, final progression orders remain in effect, and in addition to those provisions, the following shall apply: Disclosure of Expert Witnesses. Each plaintiff, counter-claimant, and cross-claimant shall identify expert witnesses by January 10, 2018, and shall serve expert reports by March 15, 2018. Each defendant, counter-defendant, and cross-defendant shall identify expert witnesses by January 10, 2018, and shall serve expert reports by April 16, 2018. If necessary to refute the disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or cross-claimant may disclose additional expert witnesses not later than February 26, 2018, and shall serve additional expert reports by May 7, 2018, provided that the disclosing party then provides all of the information described in Fed. R. Civ. P. 26(a)(2) and makes the expert witness available for deposition prior to the date set for completion of depositions. Supplementation of these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed. R. Civ. P. 26(e). The testimony of the expert at trial shall be limited to the information disclosed in accordance with this paragraph. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)
January 11, 2018
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ORDER - that the Joint Motion to Extend Expert Disclosure Deadlines (Filing No. 75 in Case No. 8:16cv233; Filing No. 86 in Case No. 8:16cv351) is granted. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (KLF)
February 23, 2018
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ORDER - The Joint Motion to Deadlines and Request for a Planning Conference (Filing No. 83 in Case No. 8:16cv233; Filing No. 91 in Case No. 8:16cv351) is granted. The undersigned magistrate judge will hold a telephone Planning Conference on March 15, 2018, at 2:00 p.m. with counsel for all parties. A separate order will be entered with Case Conference Instructions. All case progression deadlines are stayed pending the entrance of an amended case progression schedule following the Planning Conference. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
March 16, 2018
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ORDER - The deadlines for the parties to file briefs and supporting evidence with respect to Plaintiffs' pending Motions to Quash, for Protective order, and to Stay Rule 30(b)(6) Depositions (Filing Nos. 88 and 89 in Case No. 8:16cv233; Filing Nos. 96 and 97 in Case No. 8:16cv351) are as follows:a. Plaintiffs shall file their briefs and evidence in support of the motions on or before April 6, 2018;b. Defendants shall file their briefs and evidence in response to the motions on or before April 20, 2018; andc. Plaintiffs may file their briefs and evidence in reply on or before April 27, 2018. Plaintiff State of Nebraska's 30(b)(6) deposition noticed for March 21, 2018, and Plaintiff United States' 30(b)(6) deposition noticed for March 23, 2018, shall be stayed until the Court rules on Plaintiffs' outstanding Motions to Quash, for Protective order, and to Stay Rule 30(b)(6) Depositions (Filing Nos. 88 and 89 in Case No. 8:16cv233; Filing Nos. 96 and 97 in Case No. 8:16cv351). In accordance with the Court's prior Order (Filing No. 84 in Case No. 8:16cv233; Filing No. 92 in Case No. 8:16cv351) and the discussion during the status conference, all pending case progression deadlines, including the expert report, written discovery, discovery motion, and deposition deadlines, are stayed pending further order of the Court. The undersigned magistrate judge will hold a telephonic status conference on Friday, May 4, 2018, at 11:00 a.m. with counsel for all parties. Case conference instructions are located at Filing No. 85 in Case No. 8:16cv233 and 93 in Case No. 8:16cv351. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
May 22, 2018
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ORDER - The United States may serve the third-party subpoenas as requested. Defendants' objections to the noticed depositions are overruled. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
August 2, 2018
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Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, before the undersigned magistrate judge. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)ORDER - On or before August 10, 2018, the parties are to meet and confer to discuss modification of the prejudgment writ of garnishment. The parties shall submit a joint proposed Order to the undersigned magistrate judge in the event the parties reach an agreement. On or before August 17, 2018, Defendants may file a motion to quash the order granting the prejudgment writ. See 28 U.S.C. § 3101(d)(2). The Plaintiffs shall file any responses to the motion on or before August 31, 2018. No further briefing may be filed without leave of court. A four-hour evidentiary hearing on the Defendants motion to quash pursuant to 28 U.S.C. § 3101(d)(2) is set for September 6, 2018, at 9:30 a.m. in Courtroom 6, Roman L.
August 8, 2018
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ORDER - The State of Nebraska's Motion to Quash and Motion for Protective Order (Filing No. 88 in the Lead Case; Filing No. 96 in the Member Case) is granted, in part, and in part denied. The United States' Motion to Quash and for Protective Order (Filing No. 89 in the Lead Case; Filing No. 97 in the Member Case) is granted, in part, and in part denied. Defendants shall be permitted to re-notice Rule 30(b)(6) depositions of the plaintiffs but must limit its scope of deposition topics in accordance with the Court's direction above. The United States' Motion to Strike Affirmative Defenses (Filing No. 98 in the Lead Case; Filing No. 104 in the Member Case) is granted, in part. Defendants' Third Affirmative Defense raising the statute of limitations is stricken in the Lead Case. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LKO)
August 11, 2018
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STIPULATED ORDER - The parties' Stipulated Order (150) in case 8:16cv233 is approved. The "Prejudgment Writ of Garnishment Edward Jones, Garnishee" is dismissed and terminated in its entirety. In accordance with the Court's previous Order (147), on or before August 17, 2018, Defendants shall file a motion to quash the disputed "Prejudgment Writ of Garnishment Waddell & Reed, Garnishee." The evidentiary hearing regarding the disputed writ remains as scheduled on September 6, 2018, at 9:30 a.m. in the United States District Court, for the District of Nebraska, 111 S. 18th Plaza, Roman L Hruska U.S. Courthouse, Omaha, Nebraska. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (SMN)