Case details

Court: ned
Docket #: 8:04-cv-00269
Case Name: Anonymous v. Vella et al
PACER case #: 31869
Date filed: 2004-06-09
Date terminated: 2007-05-01
Assigned to: Judge Richard G. Kopf
Referred to: Magistrate Judge David L. Piester
Case Cause: 28:1441 Petition for Removal
Nature of Suit: 360 P.I.: Other
Jury Demand: Both
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Anonymous
Plaintiff
 
Daniel H. Friedman
FRIEDMAN LAW OFFICES
3800 Normal Boulevard
Suite 200
Lincoln, NE 68506
(402) 476-1093
Fax: (402) 476-8364
Email: dfriedman@friedmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Herbert J. Friedman
FRIEDMAN LAW OFFICES
3800 Normal Boulevard
Suite 200
Lincoln, NE 68506
(402) 476-1093
Fax: (402) 476-8364
Email: hfriedman@friedmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gordon Keene Vella
Defendant
 
Allen M. Tate
WOODS, AITKEN LAW FIRM - LINCOLN
301 South 13th Street
Suite 500
Lincoln, NE 68508-2578
(402) 437-8500
Fax: (402) 437-8558
Email: atate@woodsaitken.com
TERMINATED: 12/12/2008
LEAD ATTORNEY

Craig C. Cunningham
CUNNINGHAM LAW FIRM
331 West State Street
Sycamore, IL 60178
(630) 809-6212
Fax: (630) 578-1222
Email: cccattorney@yahoo.com
TERMINATED: 08/15/2007
LEAD ATTORNEY

Jerry D. Brown
BROWN LAW FIRM - CHICAGO
203 North LaSalle Street
Suite 253
Chicago, IL 60601
(312) 307-8782
Email: jdb4463@runbox.com
TERMINATED: 12/06/2006
LEAD ATTORNEY

Kory D. George
WOODS, AITKEN LAW FIRM - LINCOLN
301 South 13th Street
Suite 500
Lincoln, NE 68508-2578
(402) 437-8500
Fax: (402) 437-8558
Email: kgeorge@woodsaitken.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Krista L. Kester
WOODS, AITKEN LAW FIRM - LINCOLN
301 South 13th Street
Suite 500
Lincoln, NE 68508-2578
(402) 437-8500
Fax: (402) 437-8558
Email: krista@woodsaitken.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Fellowship Baptist Church
Defendant
A Non-Profit Corporation TERMINATED: 05/15/2006		 
Jerald L. Rauterkus
ERICKSON, SEDERSTROM LAW FIRM
10330 Regency Parkway Drive
Suite 100
Omaha, NE 68114
(402) 397-2200
Fax: (402) 390-7137
Email: jraut@eslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Travis A. Ginest
TRAVIS GINEST
2220 West Cove Drive
Lincoln, NE 68522
(402) 435-6005
Email: bassmaster@neb.rr.com
TERMINATED: 01/06/2005
LEAD ATTORNEY
Baptist Bible Fellowship
Defendant
International, A Non-Profit Corporation TERMINATED: 09/14/2005		 
Debra A. Vermillion
MARTIN, PRINGLE LAW FIRM
6900 College Boulevard
Suite 710
Overland Park, KS 66211
(913) 491-5500
Fax: (913) 491-3341
Email: davermillion@martinpringle-kc.com
TERMINATED: 09/14/2005
LEAD ATTORNEY
New Hope Baptist Church
Defendant
A Non-Profit Corporation TERMINATED: 05/15/2006		 
J. Joseph McQuillan
WALENTINE, O'TOOLE LAW FIRM
P.O. Box 540125
Omaha, NE 68154-0125
(402) 330-6300
Fax: (402) 330-6303
Email: jjmcquillan@womglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
CB Richard Ellis, Inc.
Garnishee
 
Patrick R. Guinan
ERICKSON, SEDERSTROM LAW FIRM
10330 Regency Parkway Drive
Suite 100
Omaha, NE 68114
(402) 397-2200
Fax: (402) 390-7137
Email: pguin@eslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Edgewater Bank
Garnishee
Citigroup
Garnishee
Fellowship Baptist Church
Cross Claimant
TERMINATED: 05/15/2006
Baptist Bible Fellowship
Cross Claimant
International TERMINATED: 05/15/2006
Gordon Keene Vella
Cross Defendant
TERMINATED: 05/15/2006		 
Craig C. Cunningham
(See above for address)
TERMINATED: 08/15/2007
LEAD ATTORNEY

Jerry D. Brown
(See above for address)
TERMINATED: 12/06/2006
LEAD ATTORNEY
New Hope Baptist Church
Cross Claimant
A Non-Profit Corporation TERMINATED: 05/15/2006		 
J. Joseph McQuillan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2004-06-09 1 0 NOTICE OF REMOVAL with Jury Demand from Lancaster County District Court, Case number 01-04-15 with receipt number 820489, in the amount of $ 150; by Attorney Debra A. Vermillion on behalf of Baptist Bible Fellowship (Attachments: # 1 E-mail to Clerk)(TJS, ) (Entered: 06/10/2004)
2004-06-09 2 0 CIVIL COVER SHEET (TJS, ) (Entered: 06/10/2004)
2004-06-09 3 0 NOTICE OF FILING NOTICE OF REMOVAL by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (TJS, ) (Entered: 06/10/2004)
2004-06-09 4 0 GENERAL ORDER 2004-04 - Starting June 1, 2004, Judge Richard Kopf shall be inserted into the Omaha civilcase assignment wheel; The Omaha number will remain the case number, and a copy of this order shall befiled in each case assigned to Judge Kopf from the Omaha civil docket; Assigned cases will be tried by Judge Kopf, and Magistrate Judge David L. Piesterwill be assigned to each such case for pretrial management and supervision; Trial will be held in Omaha, Nebraska, unless otherwise ordered by the Court;Trials will be scheduled for one week every other month commencing in Januaryof 2005. The Omaha civil trial schedule for Judge Kopf for 2005is as follows:Starting January 24, 2005, and lasting a total of 5 days;Starting March 28, 2005 and lasting a total of 5 days;Starting May 23, 2005 and lasting a total of 5 days;Starting August 1, 2005 and lasting a total of 5 days;Starting September 26, 2005 and lasting a total of 5 days;Starting November 28, 2005 and lasting a total of 5 days. Signed by Judge Richard G. Kopf on 6/9/2004. (TJS, ) (Entered: 06/10/2004)
2004-06-09 5 0 ANSWER to Complaint by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (TJS, ) (Entered: 06/10/2004)
2004-06-10 6 0 ATTORNEY LETTER by Clerk that Attorney Debra Vermillion has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TJS, ) (Entered: 06/10/2004)
2004-06-21 7 0 APPLICATION/ORDER admitting pro hac vice Attorney Debra A. Vermillion for Defendant Baptist Bible Fellowship. Signed by Deputy Clerk on 6/21/2004. (JSF) (Entered: 06/21/2004)
2004-06-22 8 0 MOTION for Extension of Time to File Answer Pursuant to N.E.L.R. 6.19(a) by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 06/22/2004)
2004-06-22 9 0 ORDER granting 8 Motion for Extension of Time to Answer. Answer Deadline set for 8/5/2004, as to Defendant Fellowship Baptist Church. Signed by Deputy Clerk on 6/22/2004. (JAR, ) (Entered: 06/22/2004)
2004-06-29 10 0 NOTICE of Appearance by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella. (GJG, ) (Entered: 06/29/2004)
2004-07-12 11 0 SUPPLEMENT regarding Notice of Removal, 1 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (TJS, ) (Entered: 07/13/2004)
2004-07-21 12 0 NOTICE OF DEPOSITION DUCES TECUM by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (DKM, ) (Entered: 07/21/2004)
2004-07-22 13 0 STRICKEN- SCHEDULING PACKET Rule 26 Meeting Report Deadline set signed by Magistrate Judge David L. Piester on 7/22/2004. (CCB, ) Modified on 7/22/2004 to strike due to incorrect PDF attached per order 16 (GJG, ). (Entered: 07/22/2004)
2004-07-22 14 0 SCHEDULING PACKET Rule 26 Meeting Report Deadline set signed by Magistrate Judge David L. Piester on 7/22/2004. (CCB, ) (Entered: 07/22/2004)
2004-07-22 15 0 ORDER that Counsel and unrepresented parties shall meet and confer in accordance with Fed. R. Civ. P. 26(f) and, within ten days, file their Report of Parties' Planning Conference signed by Magistrate Judge David L. Piester on 7/22/2004. (CCB, ) (Entered: 07/22/2004)
2004-07-22 16 0 ORDER-The Clerk's Office shall strike Scheduling Packet document 13 due to incorrect PDF attached. Signed by Magistrate Judge David L. Piester on 7/22/2004. (GJG, ) (Entered: 07/22/2004)
2004-07-26 17 0 MOTION to Strike Supplement 11 pleading for failure to include the names of the parties (Fed. R. Civ. P. 10(a)] by Attorney Travis A. Ginest on behalf of Defendant Fellowship Baptist Church (Ginest, Travis) (Entered: 07/26/2004)
2004-07-26 18 0 BRIEF in support of Motion to Strike 17 Pleading for Failure to Include the Names of the Parties (Fed. R. Civ. P. 10(a)] by Attorney Travis A. Ginest on behalf of Defendant Fellowship Baptist Church (Ginest, Travis) (Entered: 07/26/2004)
2004-07-27 19 0 ANSWER to Complaint by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Attachments: # 1 # 2)(Brown, Jerry) (Entered: 07/27/2004)
2004-08-05 20 0 ORDER -Plaintiff's oral motion with the agreement of oppossing counsel, is granted and the deadline for the parties to file their Rule 26 Planning Conference Report is extended to 9/19/2004. Signed by Magistrate Judge David L. Piester on 8/5/2004. (GJG, ) (Entered: 08/05/2004)
2004-08-06 21 0 NOTICE Amended Notice to Take Deposition Duces Tecum by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (Vermillion, Debra) (Entered: 08/06/2004)
2004-08-09 22 0 NOTICE of Service by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 08/09/2004)
2004-08-16 23 0 REPORT of Rule 26(f) Planning Meeting by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 08/16/2004)
2004-08-20 24 0 BRIEF In Opposition To Motion to Strike Pleading by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 08/20/2004)
2004-08-23 25 0 MEMORANDUM AND ORDER-held in abeyance 17 Motion to Strike. 1. Plaintiff is given ten days in which to file a motionfor leave to proceed by pseudonym, properly supported.2. All documentation supporting the motion shall be clearlymarked "sealed" by counsel, and the clerk shall file all suchdocumentation under seal.3. The motion to strike the complaint pursuant to Fed. R.Civ. P. 10(a), filing 17, shall be held in abeyance pending thecourt's consideration of the plaintiff's forthcoming motion forleave to proceed by pseudonym. Signed by Magistrate Judge David L. Piester on 8/23/2004. (GJG, ) (Entered: 08/23/2004)
2004-08-25 26 0 ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE; Telephonic Planning Conference set for 11/2/2004 at 10:30 AM before Magistrate Judge David L. Piester; the parties' stipulation in their planning report, paragraph #2, is granted and Claims I & II are dismissed as against defendants Baptist Bible Fellowship International and Fellowship Baptist Church; Signed by Magistrate Judge David L. Piester on 8/25/2004. (SED) (Entered: 08/25/2004)
2004-08-27 27 0 NOTICE to Take Deposition of Ed Ragatz Records Custodian at Lincoln Police Department by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 08/27/2004)
2004-09-02 30 0 ORDER regarding MOTION to Proceed with Use of Pseudonym 28 and Brief 29 The clerk is directed to file plaintiff's Motion to Proceed with Use of Pseudonym, filing 28, and brief, filing 29, under seal. Signed by Magistrate Judge David L. Piester on 9/2/2004. (CAR, ) (Entered: 09/02/2004)
2004-09-03 31 0 NOTICE of Service of Discovery Requests by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 09/03/2004)
2004-09-13 32 0 Certificate of Service Discovery Responses by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 09/13/2004)
2004-09-13 33 0 Certificate of Service of Discovery Responses by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 09/13/2004)
2004-09-13 34 0 NOTICE of Plaintiff's Initial Disclosures by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 09/13/2004)
2004-09-14 35 0 NOTICE of Service of Rule 26 Disclosures by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 09/14/2004)
2004-09-15 36 0 Certificate of service of Discovery Requests by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 09/15/2004)
2004-09-15 37 0 Certificate Notice of Service of Subpoena Duces Tecum by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 09/15/2004)
2004-09-17 38 0 DISCLOSURE Initial Rule 26(a) by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (Vermillion, Debra) (Entered: 09/17/2004)
2004-09-17 39 0 Certificate regarding DISCLOSURE 38 of Service by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (Vermillion, Debra) (Entered: 09/17/2004)
2004-09-17 40 0 Certificate of Service regarding Rule26(a)(1) Disclosures by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (Vermillion, Debra) (Entered: 09/17/2004)
2004-09-21 41 0 ORDER denying 17 Motion to Strike and granting 28 Motion to proceed by pseudonym. Signed by Magistrate Judge David L. Piester on 9/21/2004. (GJG, ) (Entered: 09/21/2004)
2004-09-23 42 0 ANSWER to Complaint, CROSSCLAIM against Fellowship Baptist Church by Attorney Jerald L. Rauterkus on behalf of Defendants Fellowship Baptist Church, Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 09/23/2004)
2004-09-28 43 0 Certificate of Service by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (Attachments: # 1 Answers to Discovery)(Vermillion, Debra) (Entered: 09/28/2004)
2004-09-28 44 0 NOTICE of Service of Supplemental Answers and Objections to Plaintiff's Interrogatories by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 09/28/2004)
2004-10-13 45 0 Joint MOTION to Extend Planning Conference by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 10/13/2004)
2004-10-14 46 0 ORDER-The parties' joint motion to extend deadline, filing 45 is granted and the deadline for the parties to file their Rule 26 planning conference report is extended to February 14, 2005. Signed by Magistrate Judge David L. Piester on 10/14/2004. (GJG, ) (Entered: 10/14/2004)
2004-10-29 47 0 ORDER regarding Order on Motion to Extend 46 The court's order of October 14, 2004 (filing 46) is amended as follows: The parties' joint motion to extend planning conference, filing 45, is granted and the Rule 26 telephone planning conference is continued from November 2, 2004 to February 14, 2005 at 9:00 a.m. Plaintiff's counsel shall place the call. Signed by Magistrate Judge David L. Piester on 10/29/2004. (CAR, ) (Entered: 10/29/2004)
2004-11-19 48 0 MOTION to Amend Complaint by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 11/19/2004)
2004-11-19 49 0 AMENDED COMPLAINT against Defendant all defendants all defendants., by Attorney Herbert J. Friedman on behalf of Anonymous (Friedman, Herbert) (Entered: 11/19/2004)
2004-11-19 50 0 BRIEF In Support of Motion to Amend 48 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 11/19/2004)
2004-11-22 51 0 DEMAND for Trial by Jury by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 11/22/2004)
2004-12-20 52 0 MOTION to Amend Answer by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (Attachments: # 1 Exhibit)(Vermillion, Debra) (Entered: 12/20/2004)
2004-12-21 53 0 ORDER - Plaintiff's unopposed motion for leave to file amended complaint, filing 48 is granted and the amended complaint shall be filed within five days. Amended Complaint due by 12/28/2004. Signed by Magistrate Judge David L. Piester on 12/21/2004. (GJG, ) (Entered: 12/21/2004)
2004-12-21 54 0 ORDER - The motion of defendant Baptist Bible Fellowship International, filing 52 to amend its answer is granted and the amended answer shall be filed within five days. Signed by Magistrate Judge David L. Piester on 12/21/2004. (GJG, ) (Entered: 12/21/2004)
2004-12-23 55 0 AMENDED ANSWER to Complaint regarding: Answer to Complaint 5 , CROSSCLAIM against Gordon Keene Vella regarding Answer to Complaint 5 filed by Baptist Bible Fellowship by Attorney Debra A. Vermillion on behalf of Defendants Baptist Bible Fellowship, Gordon Keene Vella. (Vermillion, Debra) (Entered: 12/23/2004)
2004-12-27 56 0 AMENDED COMPLAINT against Defendant all defendants all defendants., by Attorney Herbert J. Friedman on behalf of Anonymous (Friedman, Herbert) (Entered: 12/27/2004)
2004-12-29 57 0 Summons Issued (COPY) as to defendant New Hope Baptist Church. (CS, ) (Entered: 12/29/2004)
2004-12-30 58 0 ANSWER to Amended Complaint and, CROSSCLAIM against Gordon Keene Vella, Gordon Keene Vella by Attorney Jerald L. Rauterkus on behalf of Cross Claimant Fellowship Baptist Church, Defendants Fellowship Baptist Church, Gordon Keene Vella, Cross Defendant Gordon Keene Vella(Rauterkus, Jerald) (Entered: 12/30/2004)
2005-01-04 59 0 NOTICE of Service of Discovery Requests by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 01/04/2005)
2005-01-04 60 0 Mail Returned as Undeliverable addressed to Travis A. Ginest at the email address of ginest@eslaw.com regarding Notice (Other) 59 . Email was not resent as attorney is no longer with the firm. Motion to withdraw forthcoming. (GJG, ) (Entered: 01/05/2005)
2005-01-06 61 0 Mail Returned as Undeliverable addressed to ginest@eslaw.com regarding Mail Returned 60 . Mr. Ginest no longer with the firm. (GJG, ) (Entered: 01/06/2005)
2005-01-07 62 0 MOTION to Withdraw as Attorney of Record by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) (Entered: 01/07/2005)
2005-01-10 63 0 ORDER that the motion of defendant Fellowship Baptist Church 62 for withdrawal of Travis Ginest, one of its attorneys of record is granted. Signed by Magistrate Judge David L. Piester on 1/10/2005. (CS, ) (Entered: 01/10/2005)
2005-01-12 64 0 SUMMONS Returned Executed upon defendant New Hope Baptist Church on 1/6/2005. (GJG, ) (Entered: 01/12/2005)
2005-01-20 65 0 MOTION to Compel Discovery and Sanctions by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 01/20/2005)
2005-01-20 66 0 BRIEF In Support of Motion to Compel 65 by Attorney Herbert J. Friedmanon behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 01/20/2005)
2005-01-20 67 0 NOTICE of Withdrawal of Travis A. Ginest by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 01/20/2005)
2005-01-31 68 0 ORDER - The "Notice of Withdrawal" filed by Travis A Ginest, filing 67 is construed as a motion to withdraw, and as so construed, is granted, effective upon the filing of a certificate of service or affidavit indicating that the client has been served with a copy of this order. Signed by Magistrate Judge David L. Piester on 1/31/2005. (GJG, ) (Entered: 01/31/2005)
2005-02-01 69 0 NOTICE of Service by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 02/01/2005)
2005-02-11 70 0 RETURN of service of Subpoena on 2/2/2005 upon Gary Fullerby Attorney Daniel H. Friedmanon behalf of Plaintiff Anonymous.(JAR) (Entered: 02/11/2005)
2005-02-11 71 0 RETURN of service of Subpoena on 2/1/2005 upon Rev. Merv Goodrickby Attorney Daniel H. Friedmanon behalf of Plaintiff Anonymous.(JAR) (Entered: 02/11/2005)
2005-02-14 72 0 MEMORANDUM AND ORDER - Pursuant to the agreement of counsel, Defendant Vella isgranted until February 28, 2005 to respond to the pending motion to compel, as well as to file responsive pleadings to the Amended Complaint and the co-defendants' Crossclaims. The planning conference is continued until 9:00 a.m. on March 25, 2005, again by telephone conference call. Plaintiff's counsel shall place the call. Planning Conference set for 3/25/2005 09:00 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 2/14/2005. (JAR) (Entered: 02/14/2005)
2005-02-15 73 0 RETURN of service of Subpoena in a Civil Case on 2/12/2005 upon Preston J. LaPointe by Attorney Herbert J. Friedmanon behalf of Plaintiff Anonymous. (GJG, ) (Entered: 02/15/2005)
2005-02-17 74 0 Certificate of Service of Discovery Documents by Attorney Herbert J. Friedmanon behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 02/17/2005)
2005-02-18 75 0 Amended Summons Issued (COPY) as to defendant New Hope Baptist Church. (GJG, ) (Entered: 02/22/2005)
2005-02-24 76 0 AMENDED SUMMONS Returned Executed upon Ron L. Earnest for defendant New Hope Baptist Church on 2/19/2005. (JAR) (Entered: 02/24/2005)
2005-02-24 77 0 AMENDED SUMMONS Returned Executed upon Leland Parsons for defendant New Hope Baptist Church on 2/22/2005. (JAR) (Entered: 02/24/2005)
2005-03-08 79 0 RETURN of service of Subpoena on 3/5/2005 upon Ron L. Earnestby Attorney Daniel H. Friedman on behalf of Plaintiff Anonymous(GJG, ) (Entered: 03/08/2005)
2005-03-08 80 0 Defendant Vella's ANSWER to Complaint of Fellowship Baptist Church by Attorney Jerry D. Brown on behalf of Cross Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 03/08/2005)
2005-03-08 81 0 Defendant Vella's ANSWER to Complaint of Baptist Bible Fellowship International by Attorney Jerry D. Brown on behalf of Cross Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 03/08/2005)
2005-03-08 82 0 RESPONSE regarding MOTION to Compel Discovery and Sanctions 65 by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Attachments: # 1 Exhibit A# 2 Exhibit B)(Brown, Jerry) (Entered: 03/08/2005)
2005-03-08 83 0 STRICKEN MOTION for Extension of Time to File Answer by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Attachments: # 1)(Brown, Jerry) Modified on 3/9/2005 to strike motion per order 86 (GJG, ). (Entered: 03/08/2005)
2005-03-08 84 0 MOTION for Extension of Time to File Answer by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Attachments: # 1 # 2 # 3)(Brown, Jerry) (Entered: 03/08/2005)
2005-03-09 85 0 NOTICE of Service of Discovery Documents by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 03/09/2005)
2005-03-09 86 0 ORDER striking 83 Motion for Extension of Time to Answer. Motion re-filed as filing 84 . Signed by Magistrate Judge David L. Piester on 3/9/2005. (GJG, ) (Entered: 03/09/2005)
2005-03-14 87 0 ORDER - Defendant Gordon Vella's motion, filing 84 to file response to motion to compel and answers to counterclaims is granted and defendant Vella?s response filing 82 will be considered. Signed by Magistrate Judge David L. Piester on 3/14/2005. (GJG, ) (Entered: 03/15/2005)
2005-03-16 88 0 MEMORANDUM AND ORDER - Plaintiff's motion to compel 65 is denied without prejudice to its re-filing with proper supporting documentation or evidence. Signed by Magistrate Judge David L. Piester on 3/16/2005. (GJG, ) (Entered: 03/16/2005)
2005-03-17 89 0 NOTICE of Service of Discovery Documents by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 03/17/2005)
2005-03-17 90 0 ORDER - Pursuant to oral motion and agreement of all counsel herein, the telephonic planning conference previously scheduled for March 25, 2005 is continued to May 16, 2005 at 2:00 p.m. Counsel for the plaintiff shall place the call. Signed by Magistrate Judge David L. Piester on 3/17/2005. (GJG, ) (Entered: 03/17/2005)
2005-03-25 93 0 MOTION to Compel (Joinder) by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) (Entered: 03/25/2005)
2005-03-25 94 0 STRICKEN - MOTION to Quash by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Attachments: # 1 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT VELLA'S MOTION# 2 INDEX OF EVIDENCE# 3 AFFIDAVIT IN SUPPORT OF INDEX OF EVIDENCE# 4 EX. A# 5 # 6 # 7 NOTICE OF FILING AND CERTIFICATE OF SERVICE)(Brown, Jerry) Modified on 3/28/2005 to strike due to incorrect/incomplete pdf attached per order 100 (GJG, ). (Entered: 03/25/2005)
2005-03-25 95 0 Final MOTION to Quash Plaintiff's Subpoena to CB Richard Ellis, Inc. by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 03/25/2005)
2005-03-25 96 0 BRIEF In Support of Motion to Quash 95 Plaintiff's Subpoena to CB Richard Ellis, Inc. by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 03/25/2005)
2005-03-25 97 0 INDEX In Support of Motion to Quash 95 Plaintiff's Subpoena to CB Richard Ellis, Inc. by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Attachments: # 1 Affidavit in support of Index of Evidence# 2 # 3 # 4)(Brown, Jerry) (Entered: 03/25/2005)
2005-03-25 98 0 NOTICE regarding Final MOTION to Quash Plaintiff's Subpoena to CB Richard Ellis, Inc. 95 Notice of Filing and Certificate of Service by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Brown, Jerry) (Entered: 03/25/2005)
2005-03-25 99 0 Joint MOTION to Compel by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship(Vermillion, Debra) (Entered: 03/25/2005)
2005-03-28 100 0 ORDER striking 94 Motion to Quash due to incorrect/incomplete PDF attached. The correct documents have been re-filed. Signed by Magistrate Judge David L. Piester on 3/28/2005. (GJG, ) (Entered: 03/28/2005)
2005-03-28 101 0 CERTIFICATE of Court Reporter regarding: Deposition of Preston LaPointe (GJG, ) (Entered: 03/28/2005)
2005-03-28 102 0 CERTIFICATE of Court Reporter regarding: Deposition of Merv Goodrick. (GJG, ) (Entered: 03/28/2005)
2005-03-28 103 0 CERTIFICATE of Court Reporter regarding: Deposition of Amy Craine. (GJG, ) (Entered: 03/28/2005)
2005-03-29 104 0 BRIEF In Opposition to Motion to Quash 95 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 03/29/2005)
2005-04-01 105 0 STRICKEN MOTION Scheduling of Setlement Mediation by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) Modified on 4/13/2005 to strike per order 107 (GJG, ). (Entered: 04/01/2005)
2005-04-01 106 0 NOTICE of Motion to Schedule Settlement Mediation and to Stay Discovery by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Brown, Jerry) (Entered: 04/01/2005)
2005-04-13 107 0 ORDER - The Clerk's Office shall strike Document Number 105 from the record due to incorrect PDF attached. The party is directed to re-file the document. Signed by Judge Richard G. Kopf on 4/13/2005. (GJG, ) (Entered: 04/13/2005)
2005-04-18 108 0 MOTION Scheduling of Settlement Mediation and Stay of Discovery by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 04/18/2005)
2005-04-18 109 0 NOTICE regarding MOTION Scheduling of Settlement Mediation and Stay of Discovery 108 by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Brown, Jerry) (Entered: 04/18/2005)
2005-04-19 110 0 NOTICE to Take Deposition of Gordon Keene Vella by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 04/19/2005)
2005-04-19 111 0 RESPONSE to Defendant Vella's Motion to Schedule a Settlement Mediation and to Stay Discovery by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (Attachments: # 1 Exhibit A# 2 Exhibit B)(Vermillion, Debra) (Entered: 04/19/2005)
2005-04-19 112 0 RESPONSE regarding MOTION Scheduling of Settlement Mediation and Stay of Discovery 108 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 04/19/2005)
2005-04-20 113 0 RESPONSE (Defendant Fellowship Baptist Church's Response to Defendant Vella's Motion for Settlement/Mediation and to Stay Discovery) by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) (Entered: 04/20/2005)
2005-04-20 114 0 NOTICE of Service of Discovery Documents to Def Baptist Bible Fellowship International by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 04/20/2005)
2005-04-29 115 0 CERTIFICATE of Court Reporter regarding: Deposition of Jenifer Marvin. (GJG, ) (Entered: 04/29/2005)
2005-04-29 116 0 CERTIFICATE of Court Reporter regarding: Deposition of Gail Lillian Vella. (GJG, ) (Entered: 04/29/2005)
2005-04-29 117 0 CERTIFICATE of Court Reporter regarding: Deposition of Merv Goodrick. (GJG, ) (Entered: 04/29/2005)
2005-04-29 118 0 CERTIFICATE of Court Reporter regarding: Deposition of Ronnie L. Earnest. (GJG, ) (Entered: 04/29/2005)
2005-04-29 119 0 CERTIFICATE of Court Reporter regarding: Deposition of Leland Parsons. (GJG, ) (Entered: 04/29/2005)
2005-05-10 121 0 Certificate of Service of Objections to and Responses to Plaintiff's Second Set of Interrogatories and Request for Production of Documents by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship(Vermillion, Debra) (Entered: 05/10/2005)
2005-05-10 122 0 NOTICE to Take Deposition of Gordon Keene Vella (Amended Notice) by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 05/10/2005)
2005-05-10 123 0 OBJECTION Defendant Bible Fellowship International's Objections to and Responses to Plaintiff's Second Set of Interrogatories and Request for Production of Documents by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship(Vermillion, Debra) (Entered: 05/10/2005)
2005-05-12 124 0 MOTION to Extend Deadline to Answer Discovery and to Make Rule 26 Disclosures by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 05/12/2005)
2005-05-17 125 0 CERTIFICATE of Court Reporter regarding: Deposition of Gail Lillian Vella (GJG, ) (Entered: 05/17/2005)
2005-05-17 126 0 MEMORANDUM AND ORDER granting 124 Motion to Extend. Disclosures and and discovery responses shall be served on or before May 20, 2005. The provisions of the Court's earlier, initial progression order remain in effect with addtional provisons set out in this order. Signed by Magistrate Judge David L. Piester on 5/17/2005. (GJG, ) (Entered: 05/17/2005)
2005-05-17 127 0 NOTICE of Service of Discovery Documents by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 05/17/2005)
2005-05-17 128 0 NOTICE to Take Deposition of Rudy Wright; Laura Wright; Brenda Beem; Gary Fuller by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 05/17/2005)
2005-05-17 129 0 ORDER - A settlement conference is TENTATIVELY set before the undersigned with counsel and representatives of the parties on September 27, 2005 at 9:00 a.m. in chambers, 566 Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. The parties' representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference in accordance with this order. Settlement Conference set for 9/27/2005 09:00 AM in Chambers before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 5/17/2005. (GJG, ) (Entered: 05/18/2005)
2005-05-19 130 0 MOTION for Default Judgment against New Hope Baptist Church by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 05/19/2005)
2005-05-19 131 0 NOTICE of Service of Discovery Documents to Defendant Vella,Set #2 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 05/19/2005)
2005-05-19 132 0 NOTICE to Take Deposition of Rudy Wright, Laura Wright, Brenda Beem, Gary Fuller by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 05/19/2005)
2005-05-20 133 0 MOTION to Extend Deadline to Make Rule 26 Disclosures and Answer Discovery Requests by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 05/20/2005)
2005-05-23 134 0 Joint STIPULATION by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) (Entered: 05/23/2005)
2005-05-23 135 0 ORDER granting 133 Motion to Extend. Defendant Vella's motion for time, filing 133 , is granted and the deadline for defendant Vella to make R. 26 disclosures and to respond to certain discovery requests is extended toMay 25, 2005. Signed by Magistrate Judge David L. Piester on 5/23/2005. (JAR) (Entered: 05/23/2005)
2005-05-24 136 0 ANSWER to Amended Complaint, CROSSCLAIM against Gordon Keene Vella by Attorney J. Joseph McQuillan on behalf of Defendants New Hope Baptist Church, Gordon Keene Vella(McQuillan, J.) (Entered: 05/24/2005)
2005-05-24 137 0 ORDER granting 134 Joint Stipulation. The deadline for Defendants to identify experts with full reports is continued until further order of this court. Signed by Magistrate Judge David L. Piester on 5/24/2005. (JAR) (Entered: 05/24/2005)
2005-06-02 138 0 CERTIFICATE (AFFIDAVIT) of Court Reporter regarding: Deposition of Merv Goodrick (GJG, ) (Entered: 06/02/2005)
2005-06-10 139 0 ORDER denying as moot 130 motion for default judgment against defendant New Hope Baptist Church. Signed by Judge Richard G. Kopf on 6/10/2005. (KLL, ) (Entered: 06/10/2005)
2005-07-12 140 0 NOTICE of Change of Address by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (Vermillion, Debra) (Entered: 07/12/2005)
2005-07-12 141 0 MOTION to Withdraw as Attorney of Counsel, Entry of Appearance and Designation of Lead Attorney by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship(Vermillion, Debra) (Entered: 07/12/2005)
2005-07-13 142 0 ORDER granting 141 Motion to Withdraw as Attorney. The "withdrawal" of counsel for defendant Baptist Bible Fellowship International, construed as a motion to withdraw, is granted, effective upon the filing of a certificate of service or affidavit showing that a copy of this order has been served ondefendant Baptist Bible Fellowship International. Signed by Magistrate Judge David L. Piester on 7/13/2005. (GJG, ) (Entered: 07/13/2005)
2005-07-21 143 0 NOTICE to Take Deposition of Sarah Logan by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 07/21/2005)
2005-07-21 144 0 NOTICE to Take Deposition of Sarah Logan by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 07/21/2005)
2005-07-22 145 0 MOTION to Continue Date to File Motions for Summary Judgment by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 07/22/2005)
2005-07-25 146 0 MOTION to Continue date to file Motions for Summary Judgment by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church(McQuillan, J.) (Entered: 07/25/2005)
2005-07-25 147 0 DISCLOSURE of Defendant New Hope Baptist Church pursuant to Rule 26 (a) (1) by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church (Attachments: # 1 Exhibit 25)(McQuillan, J.) (Entered: 07/25/2005)
2005-07-29 148 0 ORDER granting 145 Motion to Continue, granting 146 Motion to Continue. The motions by plaintiff and by defendant New Hope Baptist church to continue the deadline for summary judgment motions is granted. The deadline for filing motions for summary judgment is extended for 60 days. Signed by Magistrate Judge David L. Piester on 7/29/2005. (GJG, ) (Entered: 07/29/2005)
2005-08-05 149 0 MOTION for Summary Judgment Baptist Bible Fellowship International, Inc.'s Motion for Summary Judgment by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship(Vermillion, Debra) (Entered: 08/05/2005)
2005-08-05 150 0 BRIEF In Support of Baptist Bible Fellowship International, Inc.'s Motion for Summary Judgment by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (Attachments: # 1 Exhibit Index# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F)(Vermillion, Debra) (Entered: 08/05/2005)
2005-08-05 151 0 AFFIDAVIT of Debra A. Vermillion by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship(Vermillion, Debra) (Entered: 08/05/2005)
2005-08-08 152 0 NOTICE of Amended Notice of Deposition by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 08/08/2005)
2005-08-08 153 0 NOTICE of Service of Subpoena on Sarah Logan by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 08/08/2005)
2005-08-10 154 0 MOTION to Extend Plaintiff's Brief Date in Defendant Baptist Bible Fellowship International's Motion for Summary Judgment by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 08/10/2005)
2005-08-16 155 0 RETURN of service of Sheriff James O. Kugler on August 11, 2005 upon Sarah Loganby Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) (Entered: 08/16/2005)
2005-08-19 156 0 NOTICE to Take Deposition of Sarah Logan (Amended Notice) by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Rauterkus, Jerald) (Entered: 08/19/2005)
2005-08-24 157 0 RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO EXTEND SUMMARY JUDGMENT RESPONSE TIME by Attorney Debra A. Vermillion on behalf of Defendant Baptist Bible Fellowship (Attachments: # 1 Exhibit Exhibits A, B, and C)(Vermillion, Debra) (Entered: 08/24/2005)
2005-08-25 158 0 ORDER - The motion, filing 154 is granted in part, and the plaintiff's response to the motion for summary judgment 149 filed by Baptist Bible Fellowship International shall be filed on or before September 16, 2005. Signed by Magistrate Judge David L. Piester on 8/25/2005. (GJG, ) (Entered: 08/25/2005)
2005-08-26 159 0 NOTICE to Take Deposition of Linda Cozad by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 08/26/2005)
2005-08-26 160 0 NOTICE to Take Deposition of Lynn Fuller by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 08/26/2005)
2005-09-02 161 0 NOTICE to Take Deposition of New Hope Baptist Church Pursuant to Rule 30(b)(6) by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 09/02/2005)
2005-09-08 162 0 MOTION to Quash Rule 30(B)(6) Deposition by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church (Attachments: # 1 Affidavit re: Index of Exhibits# 2 Exhibit Index of Exhibits)(McQuillan, J.) (Entered: 09/08/2005)
2005-09-08 163 0 BRIEF Support Motion to Quash 162 Rule 30(B)(6) Deposition by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church(McQuillan, J.) (Entered: 09/08/2005)
2005-09-08 164 0 RESPONSE regarding MOTION for Summary Judgment Baptist Bible Fellowship International, Inc.'s Motion for Summary Judgment 149 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 09/08/2005)
2005-09-08 165 0 ORDER regarding Notice to Take Deposition 161 filed by Anonymous, MOTION to Quash Rule 30(B)(6) Deposition 162 filed by New Hope Baptist Church. The deposition is continued until the court has resolved the motion to quash. Signed by Magistrate Judge David L. Piester on 9/8/2005. (CAR, ) (Entered: 09/08/2005)
2005-09-12 166 0 MOTION to Extend Time for Filing Brief in Opposition to MOTION to Quash Rule 30(B)(6) Deposition 162 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 09/12/2005)
2005-09-14 167 0 MEMORANDUM AND ORDER granting 149 Motion for Summary Judgment filed by defendant Baptist Bible Fellowship International. Plaintiff's counsel orally represented to the court that Plaintiff desires that the court grant BBFI's motion and subsequently filed a response indicating that Plaintiff does not contest BBFI's motion. Therefore, BBFI's motion for summary judgment is granted and Plaintiff shall take nothing as against defendant BBFI. There being no just reason for delay, a Fed. R. Civ. P. 54(b) judgment shall be entered by separate order in favor of BBFI and against Plaintiff. Signed by Judge Richard G. Kopf on 9/14/2005. (JAR) (Entered: 09/14/2005)
2005-09-14 168 0 JUDGMENT regarding Memorandum and Order 167 . Pursuant to the memorandum and order entered this date and Fed. R. Civ. P. 54(b), judgment is hereby entered in favor of defendant Baptist Bible Fellowship International and against Plaintiff on the claims asserted against Baptist Bible Fellowship International and judgment on the claims asserted in this case against the remaining defendants is reserved to a later time. Signed by Judge Richard G. Kopf on 9/14/2005. (JAR) (Entered: 09/14/2005)
2005-09-14 169 0 ORDER granting 166 Motion to Extend. Plaintiff's motion for time, filing 166 , is granted and plaintiff is given twenty-one (21) days to file a brief inopposition to the motion to quash deposition filed by defendant New Hope. Signed by Magistrate Judge David L. Piester on 9/14/2005. (JAR) (Entered: 09/14/2005)
2005-09-15 170 0 DISCLOSURE Supplemental Rule 26(a)(1) Disclosures by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church(McQuillan, J.) (Entered: 09/15/2005)
2005-09-22 171 0 MOTION for Summary Judgment by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) and by Attorney Jerry D. Brown on behalf of defendant Gordon Keene Vella. Modified on 10/3/2005 to add defendant Vella as filer per order 187 (CS, ). (Entered: 09/22/2005)
2005-09-22 172 0 BRIEF In Support of Motion for Summary Judgment 171 by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) (Entered: 09/22/2005)
2005-09-22 173 0 AFFIDAVIT of Jerald L. Rauterkus regarding MOTION for Summary Judgment 171 by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) (Entered: 09/22/2005)
2005-09-22 174 0 MOTION to Compel Discovery by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 09/22/2005)
2005-09-22 175 0 EVIDENCE INDEX In Support of Motion for Summary Judgment 171 by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (ATTACHMENTS MAINTAINED IN CLERK'S OFFICE)(DKM, ) (Entered: 09/23/2005)
2005-09-26 176 0 CERTIFICATE of Court Reporter regarding: Deposition of Rudy M. Wright (MKR, ) (Entered: 09/26/2005)
2005-09-26 177 0 CERTIFICATE of Court Reporter regarding: Deposition of Gary Dean Fuller (MKR, ) (Entered: 09/26/2005)
2005-09-26 178 0 CERTIFICATE of Court Reporter regarding: Deposition of Laura Susan Wright (MKR, ) (Entered: 09/26/2005)
2005-09-26 179 0 CERTIFICATE of Court Reporter regarding: Deposition of Brenda L. Beem (MKR, ) (Entered: 09/26/2005)
2005-09-27 180 0 MOTION to Extend Time to File Brief in Opposition to Defendant Fellowship Baptist Church's MOTION for Summary Judgment 171 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 09/27/2005)
2005-09-28 181 0 BRIEF In Opposition to Motion to Extend 180 Time to File Brief in Opposition to Defendant Fellowship Baptist Church's Motion for Summary Judgment by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) (Entered: 09/28/2005)
2005-09-28 182 0 Joint STIPULATION regarding MOTION to Extend Time to File Brief in Opposition to Defendant Fellowship Baptist Church's MOTION for Summary Judgment 171 180 By Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church and by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 09/28/2005)
2005-09-28 183 0 MOTION for Summary Judgment by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church and Attorney Jerry D. Brown on behalf of Defendant Gordon Keefe Vella (Attachments: # 1 Index of Evidence# 2 Exhibit "A"# 3 Exhibit "B"# 4 Exhibit "C"# 5 Exhibit "D"# 6 Exhibit "E"# 7 Exhibit "F"# 8 Affidavit of J. Joseph McQuillan)(McQuillan, J.) Modified on 10/3/2005 to add defendant Vella as a filer per order 187 (CS, ). (Entered: 09/28/2005)
2005-09-28 184 0 BRIEF In Support of Motion for Summary Judgment, 183 by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church(McQuillan, J.) (Entered: 09/28/2005)
2005-09-29 185 0 MOTION for Summary Judgment by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 09/29/2005)
2005-09-29 186 0 Unopposed MOTION to Extend Deadline for Filing Summary Judgment Motion by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 09/29/2005)
2005-09-30 187 0 MEMORANDUM AND ORDER - The motion in filing 180 is granted, and Plaintiff shall have until November 12, 2005 to file its response to Fellowship Baptist Church's motion for summary judgment. The motion in filing 186 is granted, and defendant Vella's joinder in the motions for summary judgment filed by the other two remaining defendants (filing 185 ) is deemed to be timely filed. Defendant Vella joins in the summary judgment motions in filings 171 and 183 . The ripe date for Fellowship Baptist Church's motion for summary judgment to the date 5 days after November 12, 2005. Signed by Judge Richard G. Kopf on 9/30/2005. (JAR) (Entered: 09/30/2005)
2005-10-03 188 0 BRIEF Opposition to Motion to Quash 162 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 10/03/2005)
2005-10-04 189 0 MOTION to Continue Filing of the Brief in Opposition to Defendant New Hope's Motion for Summary Judgment Pending Completion of Discovery by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 10/04/2005)
2005-10-05 190 0 MEMORANDUM AND ORDER that the motion in filing 189 is granted and the date forPlaintiff's brief to be filed in response to New Hope's motion for summary judgment (filing 183 ) is extended by 60 days. Signed by Judge Richard G. Kopf on 10/5/2005. (CS, ) (Entered: 10/05/2005)
2005-10-06 191 0 NOTICE of Intent to Serve Subpeona in a Civil Case by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 10/06/2005)
2005-10-07 192 0 ORDER denying 162 Motion to Quash but without prejudice to reconsideration at such time as there is a complete record before the court to enable consideration of the facts asserted. Signed by Magistrate Judge David L. Piester on 10/7/2005. (GJG, ) (Entered: 10/07/2005)
2005-10-11 193 0 NOTICE to Take Deposition of individual or individuals Pursuant to Rule 30(b)(6) by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 10/11/2005)
2005-10-11 194 0 Unopposed MOTION to Stay regarding MOTION to Compel Discovery 174 by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 10/11/2005)
2005-10-12 195 0 BRIEF In Support of Motion for Summary Judgment (Amended) Brief 184 by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church(McQuillan, J.) (Entered: 10/12/2005)
2005-10-12 196 0 STRICKEN INDEX In Support of Motion for Summary Judgment,, 183 Amended by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church (Attachments: # 1 Affidavit of Joe McQuillan)(McQuillan, J.) Modified on 10/17/2005 to strike per Order 197 (GJG, ). (Entered: 10/12/2005)
2005-10-17 197 0 ORDER regarding Index 196 filed by New Hope Baptist Church. The Clerk's Office shall strike Document Number 196 from the record. The party has advised the document will be re-filed with attachments. Signed by Judge Richard G. Kopf on 10/17/2005. (GJG, ) (Entered: 10/17/2005)
2005-10-17 198 0 INDEX In Support of Summary Judgment of New Hope Amended #195 by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H)(McQuillan, J.) (Entered: 10/17/2005)
2005-10-18 199 0 Certificate of Service by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 10/18/2005)
2005-10-18 200 0 MOTION to Continue Date to File Brief in Opposition to Defendant New Hope Baptist Church's Motion for Summary Judgment by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 10/18/2005)
2005-10-18 201 0 BRIEF In Support of Motion to Continue 200 Date to File Brief in Opposition to Defendant New Hope Baptist Church's Motion for Summary Judgment by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 10/18/2005)
2005-10-19 202 0 ORDER ordering that: (1) The motion in 200 is granted to the extent it seeks an extension or clarification of the deadline for filing evidentiary materials supporting Plaintiff's Opposing Brief. Such evidentiary materials must be filed on 12/19/2005 or the date the Opposing Brief is actually served on Plaintiff, whichever is earlier. (2) The motion in 200 is otherwise denied. The deadline for submission of the Opposing Brief remains 12/19/2005. Signed by Judge Richard G. Kopf on 10/19/2005. (KLL, ) (Entered: 10/19/2005)
2005-10-26 203 0 NOTICE to Take Deposition of Representative of New Hope Baptist Church Pursuant to Rule 30(b)(6) by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 10/26/2005)
2005-10-27 204 0 NOTICE to Take Deposition of Representative of New Hope Baptist Church Pursuant to Rule 30(b)(6) by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 10/27/2005)
2005-10-27 205 0 NOTICE to Take Deposition of Representative of New Hope Baptist Church Pursuant to Rule 30(b)(6) [Corrected Notice] by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 10/27/2005)
2005-10-27 206 0 ORDER regarding MOTION to Compel Discovery 174 filed by Anonymous, that the plaintiff is given until November 1, 2005 to advise the court as whether the filing 174 motion to compel is fully resolved, and if not, file a statement outlining those issues remaining, in the absence of which the filing 174 motion to compel will be deemed abandoned. Signed by Magistrate Judge David L. Piester on 10/27/2005. (CAR, ) (Entered: 10/27/2005)
2005-10-31 207 0 RESPONSE regarding Order, 206 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 10/31/2005)
2005-11-02 208 0 Unopposed MOTION to Stay regarding MOTION to Compel Discovery 174 by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 11/02/2005)
2005-11-02 209 0 NOTICE of Intent to Serve Subpoena in a Civil Case by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 11/02/2005)
2005-11-02 210 0 MEMORANDUM AND ORDER signed by Magistrate Judge David L. Piester on 11/2/2005 that plaintiff's 174 Motion to Compel is denied; defendant Vella's Motions to Stay 194 208 plaintiff's motion to compel are denied as moot. (BMH) (Entered: 11/02/2005)
2005-11-11 211 0 BRIEF In Opposition to Motion for Summary Judgment, 171 by Defendant Fellowship Baptist Church by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 11/11/2005)
2005-11-11 212 0 AFFIDAVIT of Herb Friedman (NECiv. 7.1(b)(2)(A) regarding Brief 211 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 11/11/2005)
2005-11-11 213 0 INDEX in support of Brief 211 In Opposition to Defendant Fellowship Baptist Church's Motion for Summary Judgment by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Attachments: # 1 Exhibits 1-2# 2 Exhbit 3# 3 Exhibit 4# 4 Exhibit 5, part 1# 5 Exhibit 5, part 2# 6 Exhibit 5, part 3# 7 Exhibit 5, part 4# 8 Exhibit 6-12# 9 Exhibit 13, part 1# 10 Exhibit 13, part 2# 11 Exhibit 13, part 3# 12 Exhibits 14-18# 13 Exhibits 19-23# 14 Exhibits 24-25# 15 Exhibits 26-27)(Friedman, Herbert) (Entered: 11/11/2005)
2005-11-11 214 0 MOTION for Leave to Amend Complaint and Planning Conference Order by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 11/11/2005)
2005-11-11 215 0 BRIEF In Support of Motion for Leave 214 to Amend Amended Complaint and Planning Conference Order by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 11/11/2005)
2005-11-16 216 0 Certificate of Service of Response to Plaintiff's Request for Admissions and Interrogatories by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church(McQuillan, J.) (Entered: 11/16/2005)
2005-11-18 217 0 BRIEF In Opposition to (Brief in Reply to Plaintiff's Brief Opposing Fellowship Baptist Church's Summary Judgment) by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) (Entered: 11/18/2005)
2005-11-18 218 0 BRIEF In Opposition to Plaintiff's Motion for Leave to Amend Amended Complaint) by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church(Rauterkus, Jerald) (Entered: 11/18/2005)
2005-11-18 219 0 INDEX In Support of (NECivR 7.1(a)(2)(A) Evidence Index in Support of Defendant Fellowship Baptist Church's Brief in Opposition to Motion for Leave to Amend Amended Complaint) by Attorney Jerald L. Rauterkus on behalf of Defendant Fellowship Baptist Church (Attachments: # 1 Exhibit Affidavit of Jerald L. Rauterkus)(Rauterkus, Jerald) (Entered: 11/18/2005)
2005-11-18 220 0 BRIEF In Opposition to Motion for Leave to Amend Complaint by Attorney J. Joseph McQuillan on behalf of Defendant New Hope Baptist Church(McQuillan, J.) (Entered: 11/18/2005)
2005-11-30 221 0 MEMORANDUM AND ORDER denying 214 Plaintiff's Motion for Leave to Amend Complaint. Signed by Magistrate Judge David L. Piester on 11/30/2005. (JAR) (Entered: 11/30/2005)
2005-12-19 222 0 BRIEF In Opposition to Motion for Summary Judgment,, 183 of New Hope Baptist Church by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 12/19/2005)
2005-12-19 223 0 AFFIDAVIT Of Daniel H. Friedman regarding Brief 222 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 12/19/2005)
2005-12-19 224 0 INDEX In Support of Brief 222 Opposing New Hope Baptist Church's Motion for Summary Judgment by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 12/19/2005)
2006-05-15 225 0 MEMORANDUM AND ORDER - The motions for summary judgment (by Fellowship, filing 171 ; by New Hope, filing 183 ; and by Gordon Vella, filing 185 (only on the question of the statute of limitations)) are granted in part and denied in part as follows: a. The motions for summary judgment made by Fellowship, New Hope and Gordon Vella on the issue of the statute of limitations are denied; and b. The motions for summary judgment made by Fellowship and New Hope are granted on the merits of the negligence claims. Yet to be determined is whether the statute of limitations was tolled on Plaintiff's tort claims against her father, and whether her father is liable to Plaintiff on the merits of those alleged torts. Those questions are for a jury to decide. A Fed. R. Civ. P. Rule 54(b) judgment for the two churches shall be entered by separate order. Signed by Judge Richard G. Kopf on 5/15/2006. (GJG, ) (Entered: 05/15/2006)
2006-05-15 226 0 JUDGMENT - Pursuant to the memorandum and order filing 225 entered this date and Fed. R. Civ. P. 54(b), IT IS ORDERED that judgment is hereby entered in favor of the defendants Fellowship Baptist Church (Fellowship) and New Hope Baptist Church (New Hope) and against the plaintiff providing that the plaintiff shall take nothing from said defendants. Judgment on the remaining claims asserted against Gordon Keene Vella is reserved to a later time. Signed by Judge Richard G. Kopf on 5/15/2006. (GJG, ) (Entered: 05/15/2006)
2006-05-31 227 0 MOTION to Reschedule Settlement Conference by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 05/31/2006)
2006-06-14 228 0 CERTIFICATE of Court Reporter regarding: Deposition of Anonymous (GJG, ) (Entered: 06/14/2006)
2006-06-14 229 0 CERTIFICATE of Court Reporter regarding: Deposition of Anonymous (GJG, ) (Entered: 06/14/2006)
2006-06-14 230 0 CERTIFICATE of Court Reporter regarding: Deposition of Gordon Keene Vella (GJG, ) (Entered: 06/14/2006)
2006-06-14 231 0 CERTIFICATE of Court Reporter regarding: Deposition of Gorden Keene Vella (GJG, ) (Entered: 06/14/2006)
2006-07-20 232 0 ORDER granting 227 Motion to Reschedule Settlement Conference. The motion to reschedule settlement conference, filing 227 , is granted and a settlement conference shall be held before the undersigned with counsel and representatives of the parties on August 15, 2006 at 9:00 a.m. in chambers, 566 Federal Buildingand United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. The parties' representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference in accordance herewith. Counsel shall submit a confidential settlement statementto the undersigned no later than two working days prior to theconference, setting forth the relevant positions of the parties. Signed by Magistrate Judge David L. Piester on 7/20/2006. (JAR) (Entered: 07/20/2006)
2006-07-25 233 0 MOTION to Continue Settlement Conference by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella(Brown, Jerry) (Entered: 07/25/2006)
2006-07-27 234 0 ORDER - Defendant Vella's unopposed motion to continue the settlement conference, filing 233 , is granted. The settlement conference, currently set for August 15, 2006, is continued. The settlement conference shall be held before the undersigned with counsel and representatives of the parties on September 18, 2006 at 9:00 a.m. in chambers, 566 Federal Building and UnitedStates Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. All other provisions of the court's prior settlement conference order, filing 227 , remain in effect. Signed by Magistrate Judge David L. Piester on 7/27/2006. (GJG, ) (Entered: 07/27/2006)
2006-08-28 235 0 NOTICE of Change of Address by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 08/28/2006)
2006-09-19 236 0 ORDER SETTING SCHEDULE FOR PROGRESSION OF A CIVIL CASE - Pretrial Conference set for 3/29/2007 at 10:00 AM in Chambers before Magistrate Judge David L. Piester. Jury Trial set for 4/23/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf for a duration of 4 days.Ordered by Magistrate Judge David L. Piester. (GJG, ) (Entered: 09/19/2006)
2006-09-21 237 0 NOTICE of Service of Discovery Documents by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 09/21/2006)
2006-11-27 238 0 MOTION to Withdraw as Attorney by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Attachments: # 1 # 2)(Brown, Jerry) (Entered: 11/27/2006)
2006-11-28 239 0 Mail Returned as Undeliverable addressed to davermillion@martinpringle-kc.com regarding MOTION to Withdraw as Attorney 238 . E-mail was not resent as the party was terminated from the case on 9/14/2005. Notice changed to "no". (GJG, ) (Entered: 11/28/2006)
2006-11-28 240 0 RESPONSE to Motion of Jerry D. Brown for Leave to Withdraw by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 11/28/2006)
2006-12-06 241 0 ORDER - Counsel's motion to withdraw, filing 238 is granted, effective upon the filing of a certificate of service or affidavit indicating that the plaintiff has been served with a copy of this order. Plaintiff is given twenty (20) days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance inhis behalf; (2) file a motion in this court for the appointment of counsel, setting forth his present financial status, and the reasons he believes counsel should be appointed; or (3) indicate, by pleading, that he will proceed in this case without counsel. If none of these actions is taken within the next twenty days, this case will be subject to dismissal. Ordered by Magistrate Judge David L. Piester.(GJG, ) (Entered: 12/06/2006)
2006-12-06 242 0 AMENDED ORDER - amending Order on Motion to Withdraw as Attorney 241 . The motion of counsel for defendant Gordon Keene Vella to withdraw, filing 238 , is granted, effective upon the filing of a certificate of service or affidavit indicating that defendant Gordon Keene Vella has been served with a copy of this order. Defendant Gordon Keene Vella is given twenty (20) days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance in his behalf; (2) file a motion in this court for the appointment of counsel, setting forth his present financial status, and the reasons he believes counsel should be appointed; or (3) indicate, by pleading, that he will proceed in this case without counsel. If none of these actions is taken within the next twenty days, this case will be subject to dismissal.Ordered by Magistrate Judge David L. Piester. (GJG, ) (Entered: 12/06/2006)
2006-12-06 243 0 Certificate of Service by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Attachments: # 1 # 2)(Brown, Jerry) (Entered: 12/06/2006)
2006-12-06 244 0 SECOND AMENDED ORDER amending Order 242 . The motion of counsel for defendant Gordon Keene Vella to withdraw, filing 238 is granted, effective upon the filing of a certificate of service or affidavit indicating that defendant Gordon Keene Vella has been served with a copy of this secondamended order. Defendant Gordon Keene Vella is given twenty (20) days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance in his behalf; (2) file a motion in this court for the appointment of counsel, setting forth his present financial status, and the reasons he believes counsel should be appointed;or (3) indicate, by pleading, that he will proceed in this case without counsel.Ordered by Magistrate Judge David L. Piester. (GJG, ) (Entered: 12/06/2006)
2006-12-06 245 0 Certificate of Service by Attorney Jerry D. Brown on behalf of Defendant Gordon Keene Vella (Attachments: # 1 # 2)(Brown, Jerry) (Entered: 12/06/2006)
2006-12-20 246 0 MOTION for Summary Judgment by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 12/20/2006)
2006-12-20 247 0 BRIEF In Support of MOTION for Summary Judgment 246 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 12/20/2006)
2007-01-22 248 0 MOTION FOR EXTENSION OF TIME FOR TRIAL AND SUMMARY JUDGMENT RESPONSE filed by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella. (Attachments: # 1 Cover Letter)(GJG, ) (Entered: 01/23/2007)
2007-01-23 249 0 ATTORNEY LETTER by Clerk that Attorney Craig C. Cunningham has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (GJG, ) (Entered: 01/23/2007)
2007-01-23 250 0 MOTION to Compel Discovery by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 01/23/2007)
2007-01-23 251 0 INDEX In Support of MOTION to Compel Discovery 250 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 01/23/2007)
2007-01-23 252 0 BRIEF In Support of MOTION to Compel Discovery 250 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 01/23/2007)
2007-01-23 253 0 NOTICE of Intent to Serve Subpoena in a Civil Case by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 01/23/2007)
2007-01-23 254 0 BRIEF In Opposition to MOTION to Extend 248 Trial Date by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 01/23/2007)
2007-01-23 255 0 APPLICATION/ORDER admitting pro hac vice Attorney Craig C. Cunningham for Cross Defendant Gordon Keene Vella, and Defendant Gordon Keene Vella. Ordered by Deputy Clerk. (JAR) (Entered: 01/23/2007)
2007-01-24 256 0 ORDER. It is ordered that: (1) The motion for summary judgment 246 is denied; (2) The portion of filing 248 requesting additional time to respond to the motion for summary judgment is denied as moot; and (3) The portion of filing 248 requesting extension of the trial date is denied. Ordered by Judge Richard G. Kopf.(KLL, ) (Entered: 01/24/2007)
2007-01-29 257 0 MOTION to Extend Disclosure of Expert Witnesses by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella(Cunningham, Craig) (Entered: 01/29/2007)
2007-01-30 258 0 BRIEF In Opposition MOTION to Extend Disclosure of Expert Witnesses 257 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 01/30/2007)
2007-02-01 259 0 ORDER - Upon consideration of the defendant's motion for extension of time to disclose expert witnesses, AND other timing considerations, IT IS ORDERED: The motion, filing 257 is granted in part. Defendant Vella is given until close of business on February 23, 2007 to disclose ONE expert witness, making all disclosures provided for in Fed. R. Civ. P. 26(a)(2). Defendant shall make the expert witness disclosed pursuant to the previous subparagraph available fordeposition by plaintiff's counsel in Lincoln, Nebraska on or before March 9, 2007. The motion is denied in all other respects. IN ADDITION, ON THE COURT'S OWN MOTION, and in light of the limited time remaining before the trial, IT IS FURTHER ORDERED, Defendant shall file his response to the pending motion to compel, filing 250 , on or before February 12, 2007. Ordered by Magistrate Judge David L. Piester.(GJG, ) (Entered: 02/01/2007)
2007-02-02 260 0 Mail Returned as Undeliverable addressed to Jerry Brown at jdb4463@runbox.com regarding Order on Motion to Extend 259 . E-mail was not resent as attorney is withdrawn from the case pursuant Amended Order filing 242 . (GJG, ) (Entered: 02/02/2007)
2007-02-06 261 0 NOTICE of Service of Subpoena in a Civil Case by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 02/06/2007)
2007-02-06 262 0 DISCLOSURE -Designation of Non-Expert Witnesses by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 02/06/2007)
2007-02-12 263 0 MOTION to Quash Plaintiff's Subpeona by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella (Attachments: # 1 Exhibit A)(Cunningham, Craig) (Entered: 02/12/2007)
2007-02-13 264 0 TEXT NOTICE OF FILING BRIEF ATTACHED TO MOTION regarding Motion to Quash 263 by Deputy Clerk. Briefs shall be electronically filed as a separate document using the brief event. The brief must identify the document to which it relates. This notice is for your information for future filings.(GJG, ) (Entered: 02/13/2007)
2007-02-21 265 0 ORDER - The motion to compel, filing 250 , is granted in part, and the defendant shall serve his answers to the subject interrogatories within ten days. Plaintiff is awarded her expenses including reasonable attorney's fees in bringing this discovery matter to the court. Counsel shall confer and in the event they are unable to agree on the amount to be awarded or upon who should bear that expense as between defendant and his counsel, plaintiff's application for fees and expenses shall be filed, supported by appropriate affidavits on those questions, and further supported by brief within fourteen days of this order. Defendant shall have ten days thereafter to submit his response and file appropriate affidavits in opposition. In the event either side desires a hearing on this question, request therefor shall be made in the application or response, as applicable. In the absence of any response to this order by either plaintiff or defendant regarding the matter of fees and expenses, the sum of $400.00 will be awarded. Ordered by Magistrate Judge David L. Piester.(CS, ) (Entered: 02/21/2007)
2007-02-23 266 0 MOTION Mental Examination of the Plaintiff by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella(Cunningham, Craig) (Entered: 02/23/2007)
2007-02-23 267 0 DISCLOSURE of Expert Witness by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella(Cunningham, Craig) (Entered: 02/23/2007)
2007-02-26 268 0 MOTION to Strike Expert Witness and For Fees by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 02/26/2007)
2007-02-26 269 0 BRIEF In Opposition to Defendant Motions and In Support of Plaintiff's Motion MOTION Mental Examination of the Plaintiff 266 , MOTION to Quash Plaintiff's Subpeona 263 , MOTION to Strike Expert Witness and For Fees 268 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 02/26/2007)
2007-02-26 270 0 NOTICE by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella (Cunningham, Craig) (Entered: 02/26/2007)
2007-03-01 271 0 MOTION to Extend Time for Trial by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella (Attachments: # 1 Memorandum# 2 Affidavit)(Cunningham, Craig) (Entered: 03/01/2007)
2007-03-02 272 0 TEXT NOTICE OF FILING BRIEF ATTACHED TO MOTION regarding Motion to Extend 271 by Deputy Clerk. Briefs shall be electronically filed as a separate document using the brief event. The brief must identify the document to which it relates. This notice is for your information for future filings. TEXT NOTICE OF INDEX OF EVIDENCE Pursuant to Administrative Procedure IV.C, evidence in support of a motion shall be identified on an electronically-filed index of evidence. The index of evidence must identify the motion to which it relates. Attachments to the index must be described using the System-generated prompt box. This notice is for your information for future filings.(CS, ) (Entered: 03/02/2007)
2007-03-02 273 0 ORDER denying 271 motion for enlargement of time for trial. Ordered by Judge Richard G. Kopf.(KLL, ) (Entered: 03/02/2007)
2007-03-02 274 0 ORDER - Pursuant to the authority granted under NEGenR 1.1 (c), the deadlines for filing responses to these motions is accelerated as follows: a. Any response to the plaintiff's motion to strike the defendant's expert, filing 268 , shall be filed on or before 5:00 p.m. on March 6, 2007. No reply brief shall be filed. b. Defendant's reply, if any, to the plaintiff's brief opposing defendant's motion to quash (filing 263 ) and motion for mental examination (filing 266 ), shall be filed on or before 5:00 p.m. on March 6, 2007.Ordered by Magistrate Judge David L. Piester. (CS, ) (Entered: 03/02/2007)
2007-03-07 275 0 MOTION For Sanctions by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous(Friedman, Herbert) (Entered: 03/07/2007)
2007-03-07 276 0 MEMORANDUM AND ORDER - Plaintiff's motion to strike defendant's expert witness, Dr. J. Alexander Bodkin, filing 268 , is granted. Defendant's motion for mental examination of the plaintiff, filing 266 , is denied. Ordered by Magistrate Judge David L. Piester.(CS, ) (Entered: 03/07/2007)
2007-03-13 277 0 ORDER denying 263 Motion to Quash. Ordered by Magistrate Judge David L. Piester.(JAR) (Entered: 03/13/2007)
2007-03-14 278 0 Amended MOTION for Sanctions by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 03/14/2007)
2007-03-23 279 0 Certificate of Service by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 03/23/2007)
2007-03-29 280 0 PRETRIAL ORDER - estimated length of trial is 4 days; Jury Trial set for 4/23/2007 at 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf for 4 days.Ordered by Magistrate Judge David L. Piester. (CS, ) (Entered: 03/29/2007)
2007-03-29 281 0 ORDER - The pretrial conference order 280 is amended to provide that the trial shall commence at 9:00 a.m. on Tuesday, April 24, 2007. Ordered by Magistrate Judge David L. Piester. (CS, ) (Entered: 03/29/2007)
2007-04-12 282 0 MEMORANDUM AND ORDER TO SHOW CAUSE and NOTICE OF HEARING. a. The defendant is ordered to show cause why he should not be held in contempt and/or sanctioned for failing to comply with the court's February 21, 2007 order, filing 265 . b. A show cause hearing is set to commence before the Honorable Richard G. Kopf in Courtroom 1, Robert V. Denney Courthouse, 100 Centennial Mall North, Lincoln, Nebraska on April 20, 2007 beginning at 11:00 a.m. Both the defendant and his counsel shall personally attend this hearing. c. Counsel for the defendant, Craig C. Cunningham, is hereby ordered to promptly deliver a copy of this memorandum and order to the defendant. Ordered by Magistrate Judge David L. Piester. (CRZ) (Entered: 04/12/2007)
2007-04-17 283 0 RETURN of service of Subpoena on 04/13/2007 upon Sarah Logan Barry by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 04/17/2007)
2007-04-18 284 0 MOTION to Withdraw as Attorney of Record by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) (Entered: 04/18/2007)
2007-04-19 285 0 ORDER SETTING HEARING on the motion to withdraw, 284 , filed by defendant' counsel, Craig C. Cunningham. Hearing set for 4/20/2007 11:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. The defendant and Craig C. Cunningham shall personally attend this hearing. Mr. Cunningham is ordered to promptly notify the defendant of this order and to the extent possible, deliver (personally, by email, or by facsimile) a copy of this memorandum and order to the defendant. Ordered by Magistrate Judge David L. Piester. (CRZ) (Entered: 04/19/2007)
2007-04-19 286 0 BRIEF - Trial by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous. (Attachments: # 1 Appendix A - Craine Timeline)(Friedman, Herbert) (Entered: 04/19/2007)
2007-04-19 287 0 PROPOSED JURY INSTRUCTIONS by Anonymous. (Friedman, Herbert) (Entered: 04/19/2007)
2007-04-20 288 0 TEXT MINUTE ENTRY for proceedings held before Judge Richard G. Kopf in Lincoln on 4/20/07.Hearing held on Mr. Craig Cunningham's motion to withdraw as counsel for defendant Gordon Keene Vella. Motion is denied. The motions for sanctions were taken up and Court rules that defendant Vella has not complied with the Court's order and defendant Vella's answers to interrogatories shall be filed in proper form by 4:00 p.m. on 4/20/007. The penalty for failure to answer interrogatories will be taken up next week. Appearance for Plaintiff: Herbert Friedman; Defendant Gordon Keene Vella: Craig C. Cunningham; Courtroom Deputy: Colleen Beran; Court Reporter: Digital.Time Commenced: 11:08 a.m.Time Concluded: 11:34 a.m. (CCB) (Entered: 04/20/2007)
2007-04-20 289 0 ORDER - IT IS ORDERED that: 1. Defense counsel's motion to withdraw (filing 284 ) is denied. 2. Ruling on Plaintiff's motion and amended motion for sanctions (filings 275 , 278 ) is deferred until the time of trial, except that the court finds that Defendant has failed to comply with the court's order that was entered on February 21, 2007 (filing 265 ). 3. Defendant shall serve answers to Plaintiff's interrogatories in proper form, and without any objection, and shall file a certificate of service no later than 4:00 p.m. today. 4. Plaintiff's counsel shall be prepared to advise the court at the conference in chambers immediately prior to the start of trial on Tuesday, April 24, 2007, (a) whether Defendant has provided satisfactory answers to interrogatories, and (b) the reasonable amount of Plaintiff's attorney fees associated with the motion and amended motion for sanctions. Ordered by Judge Richard G. Kopf. (JAR) (Entered: 04/20/2007)
2007-04-20 290 0 ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(JAR) (Entered: 04/20/2007)
2007-04-20 291 0 Certificate of Service regarding Answers to Interrogatories 290 by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella. (JAR) (Entered: 04/20/2007)
2007-04-23 292 0 BRIEF Memorandum of Law by Attorney Daniel H. Friedman on behalf of Plaintiff Anonymous.(Friedman, Daniel) (Entered: 04/23/2007)
2007-04-24 293 0 AFFIDAVIT of Herbert J. Friedman IN RESPECT TO COURT'S ORDER REGARDING ATTORNEYS FEES AND COMPLIANCE AND PLAINTIFFS REQUEST FOR SANCTIONS by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 04/24/2007)
2007-04-24 294 0 ORDER. It is ordered that: (1) Plaintiff may be referred to throughout trial as Amy Crane, although the case caption will not be modified. (2) Plaintiff's motion and amended motion for sanctions 275 278 are granted to the extent that Defendant shall pay Plaintiff attorney fees in the amount of $1,500.00 (to be included in the final judgment in this matter), but in all other respects are denied inasmuch as Plaintiff has complied with the court's previous order 289 by serving answers to interrogatories. (3) Because Defendant has filed no objections to Plaintiff's exhibits, the court will generally overrule any objection Defendant makes at trial to any exhibit, except that the court will consider objections regarding undue prejudice, and, further, that Plaintiff is directed not to offer any evidence regarding Defendant's financial condition as it relates to the question of punitive damages until such time as the court determines whether punitive damages may be awarded. (4) Because Defendant filed no objections to depositions by April 4, 2007, the court will consider only objections to the reading of depositions that relate to undue prejudice.(5) Plaintiff shall not present evidence of Defendant having an affair with an adult woman without first approaching the bench and getting a ruling.(6) If Defendant testifies, the court is inclined to give an adverse inference instruction regarding his previous invocation of his Fifth Amendment privilege against self-incrimination. Defendant may brief this issue, however. Plaintiff's counsel in his opening statement shall not mention Defendant's invocation of the Fifth Amendment, but may tell the jury that Defendant has never denied Plaintiff's allegations of abuse. (7) The court is inclined to rule that Defendant's prior conviction for indecent exposure is relevant, but Defendant may brief this issue. (8) A proposed "Daubert motion" by Defendant regarding testimony of Plaintiff's experts will not be viewed favorably by the court, inasmuch as the time for filing such a motion has long since passed.Ordered by Judge Richard G. Kopf. (KLL, ) (Entered: 04/24/2007)
2007-04-24 295 0 CORRECTED ORDER. Same order as 294 except corrected "Crane" to "Craine". Ordered by Judge Richard G. Kopf. (KLL, ) (Entered: 04/24/2007)
2007-04-24 296 0 TEXT MINUTE ENTRY for jury trial proceedings held before Judge Richard G. Kopf in Lincoln on 4/24/07. Jury selection held. Evidence by plaintiff. Trial not concluded, continued to 9:00 a.m. on 4/25/07. Appearance for Plaintiff: Herbert Friedman, Daniel Friedman; for Defendant: Craig C. Cunningham; Courtroom Deputy: Colleen Beran; Court Reporter: Digital. Time in Court: 11:00 a.m. - 12:23 p.m.; 2:00 - 4:35 p.m. (CCB) (Entered: 04/24/2007)
2007-04-24 297 0 JURY PANEL RECORD. ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (CCB ) (Entered: 04/24/2007)
2007-04-24 298 0 Preliminary Jury Instructions. (CCB) (Entered: 04/24/2007)
2007-04-25 299 0 TEXT MINUTE ENTRY for jury trial proceedings held before Judge Richard G. Kopf in Lincoln on 4/25/07. Evidence by plaintiff and defendant. Trial not concluded, continued to 9:00 a.m. on 4/26/07. Appearance for Plaintiff: Herbert Friedman, Daniel Friedman; for Defendant: Craig C. Cunningham; Courtroom Deputy: Colleen Beran; Court Reporter: Digital. Time in Court: 9:05 a.m. - 11:52 a.m.; 1:45 - 4:40 p.m. (CCB) (Entered: 04/25/2007)
2007-04-26 300 0 MOTION in Limine to Exclude Testimony of Alleged Previous Sexual Assaults by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella. (Attachments: # 1 Memorandum of Law)(Cunningham, Craig) (Entered: 04/26/2007)
2007-04-26 301 0 TEXT MINUTE ENTRY for jury trial proceedings held before Judge Richard G. Kopf in Lincoln on 4/26/07. Outside the presence of the jury, Court denies defendant's motion in limine. Evidence by plaintiff and defendant. Trial not concluded, continued to 9:00 a.m. on 4/27/07. Appearance for Plaintiff: Herbert Friedman, Daniel Friedman; for Defendant: Craig C. Cunningham; Courtroom Deputy: Colleen Beran; Court Reporter: Digital. Time in Court: 9:15 a.m. - 12:00 p.m.; 1:20 - 4:30 p.m. (CCB) (Entered: 04/26/2007)
2007-04-27 302 0 MOTION in Limine to Exclude Evidence of Prior Bad Acts by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella. (Attachments: # 1 Memorandum)(Cunningham, Craig) (Entered: 04/27/2007)
2007-04-27 303 0 AFFIDAVIT of Daniel H. Friedman by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous. (Attachments: # 1 Exhibit A - Date-stamped copy of Complaint)(Friedman, Herbert) (Entered: 04/27/2007)
2007-04-27 304 0 TEXT NOTICE OF FILING BRIEF ATTACHED TO MOTION regarding Motion in Limine 300 by Deputy Clerk. Briefs shall be electronically filed as a separate document using the brief event. The brief must identify the document to which it relates. This notice is for your information for future filings.(CS, ) (Entered: 04/27/2007)
2007-04-27 305 0 TEXT MINUTE ENTRY for jury trial proceedings held before Judge Richard G. Kopf in Lincoln on 4/27/07. Court denying 302 defendant's second motion in Limine. Evidence by plaintiff. Limiting instruction given to jury. Trial not concluded, continued to 9:00 a.m. on 4/30/07. Appearance for Plaintiff: Herbert Friedman, Daniel Friedman; for Defendant: Craig C. Cunningham; Courtroom Deputy: Colleen Beran; Court Reporter: Digital. Time in Court: 9:10 a.m. - 12:25 p.m.; 1:35 - 2:45 p.m. (CCB) Additional attachment (limiting instruction) added on 4/27/2007 (CCB) (Entered: 04/27/2007)
2007-04-29 306 0 MOTION in Limine to Exclude Evidence of Witness' Conviction by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) (Entered: 04/29/2007)
2007-04-29 307 0 BRIEF in support of MOTION in Limine 306 to Exclude Evidence of Witness' Conviction Brief by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) Modified on 4/30/2007 to correct event type chosen.(JAR) (Entered: 04/29/2007)
2007-04-30 308 0 PROPOSED JURY INSTRUCTIONS by Anonymous. (Friedman, Daniel) (Entered: 04/30/2007)
2007-04-30 309 0 AFFIDAVIT of Daniel H. Friedman by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 04/30/2007)
2007-04-30 310 0 MEMORANDUM AND ORDER. It is ordered that Plaintiff's claim for punitive damages is denied as a matter of law. Ordered by Judge Richard G. Kopf. (KLL, ) (Entered: 04/30/2007)
2007-04-30 311 0 TEXT MINUTE ENTRY for jury trial proceedings held before Judge Richard G. Kopf in Lincoln on 4/30/07. Court denies defendant's motion in limine 306 . Evidence by plaintiff. Plaintiff rests. Court denies defendant's Rule 50 motion made at the close of plaintiffs case. Evidence by defendant. Defendant rests. Rebuttal evidence by plaintiff and plaintiff rests. Instruction conference held in chambers. Jury instruction re adverse inference read to the jury. Trial not concluded, closing arguments and jury instructions continued to 9:00 a.m. on 5/01/07. Appearance for Plaintiff: Herbert Friedman, Daniel Friedman; for Defendant: Craig C. Cunningham; Courtroom Deputy: Colleen Beran; Court Reporter: Digital. Time in Court: 9:05 a.m. - 12:00 p.m.; 1:25 - 4:00 p.m. (CCB) Jury Instruction as to adverse inference added on 4/30/2007 (CCB) (Entered: 04/30/2007)
2007-05-01 312 0 TEXT MINUTE ENTRY for jury trial proceedings held before Judge Richard G. Kopf on 5/1/07 in Lincoln. Court denies defendant's renewed Rule 50 motion made before closing arguments. Closing Arguments heard. Jury received case at 10:36 a.m. Verdict reached at 2:30 p.m. and jury found for the plaintiff damages in the amount of $1,750,000.00. Jury trial ended. Court will enter judgment. Appearance for Plaintiff: Herbert Friedman, Daniel Friedman; for Defendant: Craig C. Cunningham; Courtroom Deputy: Colleen Beran; Court Reporter: Digital. Time in Court: 9:05 a.m. - 10:36 a.m.; Verdict read 2:45 - 2:50 p.m. (CCB) (Entered: 05/01/2007)
2007-05-01 313 0 VACATED - JUDGMENT - Pursuant to the verdict of the jury and the court's amended order (filing 295 ), FINAL JUDGMENT is entered for the plaintiff, Amy Craine, and against the defendant, Gordon Keene Vella, in the amount of $1,750,000.00 for damages and $1,500.00 for attorney fees imposed as sanctions, plus taxable costs and post-judgment interest as provided by law, at the rate of 4.90 percent per annum. Ordered by Judge Richard G. Kopf. (CS, ) Modified on 12/14/2007 to add "vacated" text pursuant to Order 434 . (JAB) (Entered: 05/01/2007)
2007-05-01 314 0 WITNESS LIST from jury trial held on 4/24/07 through 5/01/07. (CCB) (Entered: 05/01/2007)
2007-05-01 315 0 EXHIBIT LIST from jury trial held on 4/24/07 through 5/1/07. (CCB) (Entered: 05/01/2007)
2007-05-01 316 0 FINAL Jury Instructions. (CCB) (Entered: 05/01/2007)
2007-05-01 317 0 VACATED - JURY VERDICT with foreperson's signature redacted pursuant to the E-Government Act in favor of Plaintiff Anonymous in the amount of $1,750,000.00. Type of case: Removal from Lancaster County District Court re sexual assault and intentional infliction of emotional distress claims. Attorneys: Daniel H. Friedman, Herbert J. Friedman - PART 1 OF 2. (CCB) Modified on 12/14/2007 to add "vacated" text pursuant to Order 434 . (JAB) (Entered: 05/01/2007)
2007-05-01 318 0 PART 2 OF 2 - FOREPERSON'S SIGNATURE Page regarding Jury Verdict 317 . ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (CCB) (Entered: 05/01/2007)
2007-05-01 319 0 RECEIPT for plaintiff's exhibits and defendant's exhibit 3 from trial held on 4/24/07 through 5/01/07. (CCB) (Entered: 05/01/2007)
2007-05-11 320 0 BILL OF COSTS by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous. (Attachments: # 1 Affidavit of Daniel H. Friedman)(Friedman, Herbert) (Entered: 05/11/2007)
2007-05-11 321 0 Certificate of Service by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 05/11/2007)
2007-05-11 322 0 LETTER BY CLERK regarding time to file responses to Bill of Costs 320 . (PSM, ) (Entered: 05/11/2007)
2007-05-14 323 0 TEXT NOTICE REGARDING ELECTRONIC SIGNATURE 320 and 321 by Deputy Clerk. The attorney login does not match the s/signature on this document. This notice is for your information for future filings.(SED) (Entered: 05/14/2007)
2007-05-14 324 0 MOTION for New Trial and/or J.N.O.V. by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella. (Attachments: # 1 Affidavit)(Cunningham, Craig) (Entered: 05/14/2007)
2007-05-14 325 0 BRIEF Motion for New Trial and/or J.N.O.V. MOTION for New Trial and/or J.N.O.V. 324 by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) (Entered: 05/14/2007)
2007-05-21 326 0 BRIEF In Opposition to MOTION for New Trial and/or J.N.O.V. 324 by Attorney Daniel H. Friedman on behalf of Plaintiff Anonymous.(Friedman, Daniel) (Entered: 05/21/2007)
2007-05-21 327 0 AFFIDAVIT in Support of Brief 326 of Gail Vella by Attorney Daniel H. Friedman on behalf of Plaintiff Anonymous.(Friedman, Daniel) Modified on 5/21/2007 to link affidavit to brief pursuant to Attorney request(CS, ). (Entered: 05/21/2007)
2007-05-30 328 0 ORDER. It is ordered that Defendant's "motion for new trial and motion for judgment notwithstanding the verdict" 324 , treated as a renewed motion for judgment as a matter of law under Fed. R. Civ. P. 50(b), and also as a motion for a new trial under Fed. R. Civ. P. 59, is denied in all respects. Ordered by Judge Richard G. Kopf.(KLL, ) (Entered: 05/30/2007)
2007-05-30 329 0 Costs Taxed regarding Bill of Costs 320 in amount of $11,199.23 against defendant Gordon Keene Vella (PSM, ) (Entered: 05/30/2007)
2007-06-08 330 0 NOTICE OF APPEAL by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella. (Cunningham, Craig) (Entered: 06/08/2007)
2007-06-11 331 0 REQUEST FOR TRANSCRIPT for proceedings held on April 24, 2007 through May 1, 2007 before Judge Kopf (Cunningham, Craig) (Entered: 06/11/2007)
2007-06-11 332 0 NOTICE of Change of Address by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella (Cunningham, Craig) (Entered: 06/11/2007)
2007-06-12 333 0 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 330 , Jury Verdict 317 , Judgment 313 , and Order on Motion for New Trial 328 . Notice of Appeal filed on 06/08/2007 by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella. (CS, ) (Entered: 06/12/2007)
2007-06-12 334 0 LETTER BY CLERK that a CD was sent to Allan Kuhlman for transcription regarding Jury Trial 296 ; Jury Trial 299 ; Jury Trial 301 , Jury Trial 305 ; Jury Trial 311 ; Jury Trial 312 . Transcript ordered by Attorney Craig C. Cunningham. THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (CJP) (Entered: 06/12/2007)
2007-06-13 335 0 SCHEDULING LETTER from USCA - 8th Circuit (07-2366) as to Notice of Appeal to USCA 330 . (Attachments: # 1 Letter by USCA Clerk)(CS, ) (Entered: 06/13/2007)
2007-06-25 336 0 AFFIDAVIT AND PRAECIPE for Summons in Garnishment as to garnishee CB Richard Ellis, Inc. and garnishee Edgewater Bank by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 06/25/2007)
2007-06-25 337 0 PRAECIPE For Execution by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 06/25/2007)
2007-06-25 338 0 MOTION to Stay Order of Judgment by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) (Entered: 06/25/2007)
2007-06-25 339 0 OBJECTION to Motion to Stay 338 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 06/25/2007)
2007-06-26 340 0 ORDER that Defendant's "motion to stay order of judgment" (filing 338 ), which the court construes as a motion for stay of execution without bond, is denied. Ordered by Judge Richard G. Kopf.(CS, ) (Entered: 06/26/2007)
2007-07-02 341 0 SCHEDULING LETTER from USCA - 8th Circuit (07-2366) as to Notice of Appeal to USCA 330 ; Transcript Designation set for 7/23/2007. (Attachments: # 1 Letter by USCA Clerk)(CS, ) (Entered: 07/02/2007)
2007-07-03 342 0 NOTICE to Judgment Debtor by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 07/03/2007)
2007-07-03 343 0 NOTICE to Judgment Debtor by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 07/03/2007)
2007-07-03 344 0 RESPONSE to Notice to Judgment Debtor by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) (Entered: 07/03/2007)
2007-07-03 345 0 Garnishment Summons Issued to garnishee CB Richard Ellis, Inc. as to defendant Gordon Keene Vella. Notice to Judgment Debtor 343 included. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JAR) (Entered: 07/03/2007)
2007-07-03 346 0 Garnishment Summons Issued to garnishee Edgewater Bank, as to defendant Gordon Keene Vella. Notice to Judgment Debtor 343 included. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JAR) (Entered: 07/03/2007)
2007-07-10 347 0 ORDER - The Judgment Debtor's request for hearing, filing 344 , is granted and the matter shall be heard before the undersigned on July 26, 2007 at 10:30 a.m. in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester.(CS, ) (Entered: 07/10/2007)
2007-07-10 348 0 MOTION for Debtors Exam by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 07/10/2007)
2007-07-10 349 0 LETTER - Writ of Execution by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous. (Attachments: # 1 Notice to the Debtor)(Friedman, Herbert) (Entered: 07/10/2007)
2007-07-10 350 0 MOTION for Hearing by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) (Entered: 07/10/2007)
2007-07-12 351 0 SUMMONS Returned Executed upon Garnishee/ defendant CB Richard Ellis, Inc. on 7/5/2007. (Friedman, Herbert) (Entered: 07/12/2007)
2007-07-12 352 0 SUMMONS Returned Executed upon Garnishee/ defendant Edgewater Bank on 7/9/2007. (Friedman, Herbert) (Entered: 07/12/2007)
2007-07-16 353 0 ORDER - The Judgment Debtor's request for hearing, filing 350 , is granted and the matter shall be heard before the undersigned on July 26, 2007 at 10:30 a.m. in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester.(CS, ) (Entered: 07/16/2007)
2007-07-17 354 0 AFFIDAVIT AND PRAECIPE for Summons in Garnishment as to garnishee CitiGroup by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 07/17/2007)
2007-07-17 355 0 NOTICE to Judgment Debtor regarding Affidavit and Praecipe for Summons in Garnishment 354 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) Modified on 7/18/2007 to add "to Judgment Debtor" regarding notice. (JAB) (Entered: 07/17/2007)
2007-07-17 356 0 MOTION for Hearing regarding garnishment 358 by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) Modified on 7/18/2007 to create link to garnishment. (JAB) (Entered: 07/17/2007)
2007-07-17 357 0 NOTICE regarding Affidavit and Praecipe for Summons in Garnishment 354 Interrogatories to CitiGroup, Judgement Creditor by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 07/17/2007)
2007-07-17 358 0 Summons and Order of Garnishment issued to Garnishee Citigroup including Notice to Judgment Debtor 355 and Interrogatories 357 regarding Defendant Gordon Vella. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (CS, ) (Entered: 07/17/2007)
2007-07-20 359 0 ORDER granting 356 Motion for Hearing. IT IS ORDERED: The Judgment Debtor's request for hearing, filing 356 , is granted and the matter shall be heard before the undersigned on July 26, 2007 at 10:30 a.m. in Courtroom 2, United StatesCourthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester.(JAB) (Entered: 07/20/2007)
2007-07-20 360 0 SUMMONS Returned Executed upon Garnishee/ defendant Citigroup on 7/19/2007. (Friedman, Herbert) (Entered: 07/20/2007)
2007-07-23 361 0 TRANSCRIPT of jury proceedings (pages 1 through 86) before Judge Kopf held on April 24, 2007. transcriber: Allan G. Kuhlman. Total Number of Billable Pages: 86. Total Number of Pages: 86. To purchase a copy of this transcript, please contact Allan G. Kuhlman at 661-7305. A party must file a Notice of Intent to Request Redaction within 5 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made electronically available without redaction. (AGK, ) Modified on 8/2/2007 by removing the word unredacted as a Notice of Intent to Request Redaction was not filed.(CS, ). (Entered: 07/23/2007)
2007-07-23 362 0 TRANSCRIPT of jury trial proceedings (pages 87 through 285) before Judge Kopf held on April 25, 2007. transcriber: Allan G. Kuhlman. Total Number of Billable Pages: 199. Total Number of Pages: 199. To purchase a copy of this transcript, please contact Allan G. Kuhlman at 661-7305. A party must file a Notice of Intent to Request Redaction within 5 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made electronically available without redaction. (AGK, ) Modified on 8/2/2007 by removing the word unredacted as a Notice of Intent to Request Redaction was not filed. (CS, ). (Entered: 07/23/2007)
2007-07-23 363 0 TRANSCRIPT of jury trial proceedings (pages 286 through 475) before Judge Kopf held on April 26, 2007. transcriber: Allan G. Kuhlman. Total Number of Billable Pages: 190. Total Number of Pages: 190. To purchase a copy of this transcript, please contact Allan G. Kuhlman at 661-7305. A party must file a Notice of Intent to Request Redaction within 5 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made electronically available without redaction. (AGK, ) Modified on 8/2/2007 by removing the word unredacted as a Notice of Intent to Request Redaction was not filed.(CS, ). (Entered: 07/23/2007)
2007-07-23 364 0 TRANSCRIPT of jury trial proceedings (pages 476 through 588) before Judge Kopf held on April 27, 2007. transcriber: Allan G. Kuhlman. Total Number of Billable Pages: 113. Total Number of Pages: 113. To purchase a copy of this transcript, please contact Allan G. Kuhlman at 661-7305. A party must file a Notice of Intent to Request Redaction within 5 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made electronically available without redaction. (AGK, ) Modified on 8/2/2007 by removing the word unredacted as a Notice of Intent to Request Redaction was not filed. (CS, ). (Entered: 07/23/2007)
2007-07-23 365 0 TRANSCRIPT of jury trial proceedings (pages 587 through 744) before Judge Kopf held on April 30, 2007. transcriber: Allan G. Kuhlman. Total Number of Billable Pages: 157. Total Number of Pages: 157. To purchase a copy of this transcript, please contact Allan G. Kuhlman at 661-7305. A party must file a Notice of Intent to Request Redaction within 5 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made electronically available without redaction. (AGK, ) Modified on 8/2/2007 by removing the word unredacted as a Notice of Intent to Request Redaction was not filed. (CS, ). (Entered: 07/23/2007)
2007-07-24 366 0 Transmittal Letter to USCA 8th Circuit(07-2366) regarding 6 volumes of Jury Trial Transcripts - Unredacted, 361 , 362 , 363 , 364 , and 365 and 367 . (JAB) Modified on 7/24/2007 to include transcript filing 367 also sent to the 8th Circuit.(GJG, ). (Entered: 07/24/2007)
2007-07-24 367 0 TRANSCRIPT of jury trial proceedings (pages 775 through 821) before Judge Kopf held on May 1, 2007. transcriber: Allan G. Kuhlman. Total Number of Billable Pages: 46. Total Number of Pages: 47. To purchase a copy of this transcript, please contact Allan G. Kuhlman at 661-7305. A party must file a Notice of Intent to Request Redaction within 5 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made electronically available without redaction. (AGK, ) Modified on 8/2/2007 by removing the word unredacted as a Notice of Intent to Request Redaction was not filed.(CS, ). (Entered: 07/24/2007)
2007-07-25 368 0 WITHDRAWN - MOTION for Judgment Against Garnishee CB Richard Ellis Inc. by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) Modified on 8/15/2007 to add "withdrawn" text pursuant to Order 390 . (JAB) (Entered: 07/25/2007)
2007-07-26 369 0 MOTION to Withdraw as Attorney of Record by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) (Entered: 07/26/2007)
2007-07-26 370 0 ANSWER to Writ of Garnishment - Answers to Interrogatories to Edgewater Bank by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous. (Friedman, Herbert) (Entered: 07/26/2007)
2007-07-26 371 0 AFFIDAVIT of Gordon Vella as Head of Household by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) (Entered: 07/26/2007)
2007-07-26 372 0 DISCLOSURE of Financial Statement by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella. (Attachments: # 1 Affidavit)(Cunningham, Craig) (Entered: 07/26/2007)
2007-07-26 373 0 TEXT ORAL MOTION - request to file instanter regarding financial disclosure and affidavit by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella (SED) (Entered: 07/27/2007)
2007-07-26 374 0 TEXT MINUTE ENTRY for proceedings held 7/26/07 before Magistrate Judge David L. Piester. Hearing held in Lincoln. Hearing on garnishment held. It is ordered that: Court grants defendant's oral motion to file instanter financial disclosure and affidavit for head of household. Court denies without prejudice defendant's motion to withdraw as counsel 369 . Court sustains objection to defendant's affidavit and financial disclosure statement as hearsay; exhibits not received into evidence. Court concludes that defendant did not establish that defendant is head of household. Appearance for Plaintiff: Herb Friedman. Defendant: Craig Cunningham. Courtroom Deputy: Sue Davis. Court Reporter: Digital Recorder. Time Commenced:10:56 a.m. - 11:09 a.m. Time Concluded: 2:35 p.m. - 2:48 p.m. Time in Court: 26 Minutes. (SED) (Entered: 07/27/2007)
2007-07-27 375 0 AFFIDAVIT AND PRAECIPE for Summons in Garnishment as to garnishee Edgewater Bank by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous, Garnishee Edgewater Bank. (Attachments: # 1 Summons & Order for Garnishment# 2 Notice to Judgment Debtor# 3 Interrogatories to Edgewater Bank)(Friedman, Herbert) (Entered: 07/27/2007)
2007-07-27 376 0 Summons and Order of Garnishment Issued with attachments to garnishee Edgewater Bank as to defendant Gordon Vella regarding Affidavit and Praecipe for Summons in Garnishment, 375 . YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JAB) (Entered: 07/27/2007)
2007-07-31 377 0 NOTICE of Appearance by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc. (Guinan, Patrick) (Entered: 07/31/2007)
2007-07-31 378 0 ANSWER to Writ of Garnishment - Answers to Interrogatories to CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 07/31/2007)
2007-08-02 379 0 LETTER Subpeona Duces Tecum by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 08/02/2007)
2007-08-03 380 0 SUMMONS Returned Executed upon Garnishee/ defendant Edgewater Bank on 8/1/2007. (Friedman, Herbert) (Entered: 08/03/2007)
2007-08-03 381 0 NOTICE regarding Letter 349 Return of Service by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous (Friedman, Herbert) (Entered: 08/03/2007)
2007-08-03 382 0 ORDER - Plaintiff's motion for debtors examination, filing 348 , is granted. A debtors examination of the defendant shall be held on August 17, 2007 at 9:30 a.m. in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Defendant shall be present. Ordered by Magistrate Judge David L. Piester.(CS, ) (Entered: 08/03/2007)
2007-08-06 383 0 NOTICE of Appearance of Kory D. George by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella (Kester, Krista) (Entered: 08/06/2007)
2007-08-06 384 0 NOTICE of Appearance of Krista L. Kester by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella (Kester, Krista) (Entered: 08/06/2007)
2007-08-07 385 0 ANSWER to Writ of Garnishment - Answers to Interrogatories to CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 08/07/2007)
2007-08-08 386 0 MOTION Directing Garnishee CB Richard Ellis Inc Pay Money to Court by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 08/08/2007)
2007-08-08 387 0 MOTION TO WITHDRAW - Withdrawal of Motion for Judgment filing 368 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) Modified on 8/10/2007 to correct event and link to the Motion being requested to withdraw(GJG, ). (Entered: 08/08/2007)
2007-08-10 388 0 TEXT NOTICE OF INCORRECT EVENT used when filing the "Letter" 387 by Deputy Clerk. In the future, use the event Motion to Withdraw Document.(GJG, ) (Entered: 08/10/2007)
2007-08-13 389 0 MOTION to Withdraw as Attorney of Record by Attorney Craig C. Cunningham on behalf of Defendant Gordon Keene Vella.(Cunningham, Craig) (Entered: 08/13/2007)
2007-08-15 390 0 VACATED - ORDER regarding pending Motions. IT IS ORDERED: 1. The motion to withdraw filed by attorney Craig C. Cunningham, filing 389 , is granted. 2. The motion to withdraw motion for judgment, filing 387 , is granted, and the motion for judgment against garnishee, filing 368 , is deemed withdrawn. 3. Plaintiff's motion for order directing garnishee to pay monies into the court, filing 386 , is granted. Garnishee CB Richard Ellis Inc. shall pay to the court for distribution to the plaintiff the sum of $288.46. Further, pursuant to Neb. Rev.Stat. ยง 25-1056, the garnishment is a continuing lien against the non-exempt earnings of the judgment debtor and shall continue for a period of ninety days from August 7, 2007. The interrogatories previously served shall be deemed continuing, and the garnishee shall file answers for them as applicable for eachensuing pay period, and the non-exempt wages, including commissions, shall be paid into the court for each such pay period until expiration of this order. Ordered by Magistrate Judge David L. Piester. (Copy to Financial)(JAB) Modified on 12/21/2007 - Vacated pursuant to order 437 (CS, ). (Entered: 08/15/2007)
2007-08-17 391 0 TEXT MINUTE ENTRY for judgment debtor's exam proceeding held 8/17/07 before Magistrate Judge David L. Piester. Hearing held in Lincoln. Hearing on debtors exam held. Defendant, Gordan Vella, placed under oath to answer questions regarding financial information. Defendant agrees to supply requested information. Appearance for Plaintiff: Herb Friedman. Defendant: Krista Kester. Courtroom Deputy: Sue Davis. Court Reporter: Digital Recorder. Time Commenced: 10:06 a.m. - 10:15 a.m.; 10:17 - 10:56 a.m. Time Concluded: 11:11 a.m. - 11:38 a.m.; 11:40 a.m. - 11:44 a.m. Time in Court: 1 Hour and 19 Minutes. (SED) (Entered: 08/17/2007)
2007-08-17 392 0 AUDIO FILE (11.3 MB) (First Part) regarding Judgment Debtor Exam proceeding 391 held on 8/17/07 before Magistrate Judge David L. Piester. (SED) (Entered: 08/17/2007)
2007-08-17 393 0 AUDIO FILE (7.4 MB) (Second Part) regarding Judgment Debtor Exam proceeding 391 held on 8/17/07 before Magistrate Judge David L. Piester. (SED) (Entered: 08/17/2007)
2007-08-20 394 0 AFFIDAVIT of Santiago Serra by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc..(Guinan, Patrick) (Entered: 08/20/2007)
2007-08-22 395 0 ANSWER to Writ of Garnishment - Answers to Interrogatories to CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 08/22/2007)
2007-08-23 396 0 ANSWER to Writ of Garnishment - Amended Answers to Interrogatories by CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 08/23/2007)
2007-09-11 397 0 ANSWER to Writ of Garnishment - Answers to Interrogatories to CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 09/11/2007)
2007-09-24 398 0 ANSWER to Writ of Garnishment - Amended Answers to Interrogatories by CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 09/24/2007)
2007-09-26 399 0 MOTION to Set Aside Judgment (Rule 60(b) Motion) by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella.(Kester, Krista) (Entered: 09/26/2007)
2007-09-26 400 0 STRICKEN - BRIEF in support of MOTION to Set Aside Judgment (Rule 60(b) Motion) 399 by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella.(Kester, Krista) Modified on 10/9/2007 - Stricken pursuant to order 407 (CS, ). (Entered: 09/26/2007)
2007-09-26 401 0 INDEX in support of MOTION to Set Aside Judgment (Rule 60(b) Motion) 399 by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella. (Attachments: # 1 Affidavit Declaration of Dr. Harrison G. Pope (Exhibit 1 to Index)# 2 Exhibit Exhibit 1-1 to Dr. Pope's Declaration# 3 Exhibit Exhibit 1-2 to Dr. Pope's Declaration# 4 Exhibit Exhibit 1-3 to Dr. Pope's Declaration# 5 Exhibit Exhibit 1-4 to Dr. Pope's Declaration# 6 Exhibit Exhibit 1-5 to Dr. Pope's Declaration# 7 Exhibit Exhibit 1-6 to Dr. Pope's Declaration# 8 Exhibit Exhibit 1-7 to Dr. Pope's Declaration# 9 Exhibit Exhibit 1-8 to Dr. Pope's Declaration# 10 Exhibit Exhibit 1-9 to Dr. Pope's Declaration# 11 Exhibit Exhibit 1-10 to Dr. Pope's Declaration# 12 Exhibit Exhibit 1-11 to Dr. Pope's Declaration# 13 Exhibit Exhibit 1-12 to Dr. Pope's Declaration# 14 Exhibit Exhibit 1-13 to Dr. Pope's Declaration# 15 Exhibit Exhibit 1-14 to Dr. Pope's Declaration# 16 Exhibit Exhibit 1-15 to Dr. Pope's Declaration)(Kester, Krista) (Entered: 09/26/2007)
2007-09-26 402 0 INDEX - CONTINUED in support of MOTION to Set Aside Judgment (Rule 60(b) Motion) 399 by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella. (Attachments: # 1 Affidavit Declaration of Dr. Richard J. McNally (Exhibit 2 to Index)# 2 Exhibit 2-A to Dr. McNally's Declaration# 3 Exhibit 2-B to Dr. McNally's Declaration# 4 Affidavit Declaration of Dr. R. Christopher Barden (Exhibit 3 to Index)# 5 Exhibit 3-A to Dr. Barden's Declaration# 6 Exhibit 3-B to Dr. Barden's Declaration# 7 Exhibit 3-C to Dr. Barden's Declaration# 8 Exhibit 3-D to Dr. Barden's Declaration# 9 Exhibit 3-E to Dr. Barden's Declaration# 10 Exhibit 3-F to Dr. Barden's Declaration# 11 Exhibit 4 (to Index) Dr. Daniel Brown's Report (Trial Ex. 7))(Kester, Krista) (Entered: 09/26/2007)
2007-09-27 403 0 MOTION Enlargement of Time to Respond regarding MOTION to Set Aside Judgment (Rule 60(b) Motion) 399 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 09/27/2007)
2007-09-28 404 0 NOTICE of Appearance of Allen M. Tate by Attorney Allen M. Tate on behalf of Defendant Gordon Keene Vella (Tate, Allen) (Entered: 09/28/2007)
2007-10-05 405 0 ORDER granting 403 Motion for Enlargement of Time to Respond. IT IS ORDERED that Plaintiff's motion for an enlargement of time (filing 403 ) is granted, as follows: Plaintiff shall have until October 29, 2007, to respond to Defendant's Rule 60(b) motion (filing 399 ). Ordered by Judge Richard G. Kopf.(JAB) (Entered: 10/05/2007)
2007-10-05 406 0 Unopposed MOTION to Amend Brief in support of Rule 60 Motion for Relief from Judgment by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella. (Attachments: # 1 Exhibit A, Amended Brief in Support of Rule 60 Motion for Relief from Judgment)(Kester, Krista) (Entered: 10/05/2007)
2007-10-09 407 0 ORDER - Plaintiff's unopposed motion for leave to amend brief (filing 406 ) is granted, as follows: 1. On or before October 12, 2007, Plaintiff shall file and serve an amended brief in the form attached to the motion as Exhibit A. 2. Defendant shall have until October 29, 2007, to respond to the amended brief. 3. Plaintiff's previously filed brief (filing 400 ) is stricken. Ordered by Judge Richard G. Kopf.(CS, ) (Entered: 10/09/2007)
2007-10-09 408 0 BRIEF in support of MOTION to Set Aside Judgment (Rule 60(b) Motion) 399 Amended Brief Pursuant to Judge's Order (filing 407) by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella.(Kester, Krista) (Entered: 10/09/2007)
2007-10-09 409 0 AMENDED ORDER regarding Order on Motion to Amend, 407 . IT IS ORDERED that DefendanT's unopposed motion for leave to amend brief (filing 406 ) is granted, as follows: 1. On or before October 12, 2007, Defendant shall file and serve anamended brief in the form attached to the motion as Exhibit A. 2. Plaintiff shall have until October 29, 2007, to respond to the amended brief. 3. Defendant's previously filed brief (filing 400 ) is stricken.Ordered by Judge Richard G. Kopf. (JAB) (Entered: 10/09/2007)
2007-10-09 410 0 ANSWER to Writ of Garnishment - Amended Answers to Interrogatories by CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 10/09/2007)
2007-10-09 411 0 ANSWER to Writ of Garnishment - Amended Answers to Interrogatories by CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 10/09/2007)
2007-10-12 412 0 ANSWER to Writ of Garnishment - Amended Answers to Interrogatories by CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 10/12/2007)
2007-10-22 413 0 LETTER /Application for Continuing Lien by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 10/22/2007)
2007-10-22 414 0 ANSWER to Writ of Garnishment - Amended Answer of CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 10/22/2007)
2007-10-23 415 0 TEXT NOTICE REGARDING ELECTRONIC SIGNATURE re Letter 413 by Deputy Clerk. The attorney login does not match the s/signature on this document. This notice is for your information for future filings. (SED) (Entered: 10/23/2007)
2007-10-29 416 0 ANSWER to Writ of Garnishment - Amended Answer of CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 10/29/2007)
2007-10-29 417 0 BRIEF in opposition to MOTION to Set Aside Judgment (Rule 60(b) Motion) 399 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 10/29/2007)
2007-10-29 418 0 INDEX in support of Brief 417 Opposing Defendants Motion for Relief from Judgment by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous. (Attachments: # 1 Exhibit 34 - Dr. Brown Affidavit# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12-1# 14 Exhibit 12-2# 15 Exhibit 12-3# 16 Exhibit 12-4# 17 Exhibit 12-5# 18 Exhibit 12-6# 19 Exhibit 12-7# 20 Exhibit 13# 21 Exhibit 14# 22 Exhibit 35)(Friedman, Herbert) (Entered: 10/29/2007)
2007-10-30 419 0 TEXT NOTICE REGARDING ELECTRONIC SIGNATURE re Index 418 and Brief 417 by Deputy Clerk. The attorney login does not match the s/signature on this document. This notice is for your information for future filings. (SED) (Entered: 10/30/2007)
2007-10-31 420 0 Unopposed MOTION to Extend Time to Reply to Plaintiff's Response to Defendant's Motion for Relief From Judgment (filing 399 ) by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella.(Kester, Krista) (Entered: 10/31/2007)
2007-11-01 421 0 ORDER that Defendant's unopposed motion for enlargement of time (filing 420 ) is granted, and Defendant shall have until November 19, 2007, to file a reply brief in support of Defendant's motion for relief from judgment (filing 399 ). Ordered by Judge Richard G. Kopf. (CS, ) (Entered: 11/01/2007)
2007-11-05 422 0 ANSWER to Writ of Garnishment - Amended Answer by CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 11/05/2007)
2007-11-13 423 0 ANSWER to Writ of Garnishment - Amended Answer by CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 11/13/2007)
2007-11-16 424 0 Unopposed MOTION to Extend Time to Reply to Plaintiff's Response to Defendant's Motion for Relief From Judgment MOTION to Set Aside Judgment (Rule 60(b) Motion) 399 by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella.(Kester, Krista) (Entered: 11/16/2007)
2007-11-19 425 0 ORDER granting 424 Motion to Extend Time. IT IS ORDERED that Defendant's unopposed motion for an enlargement of time (filing 424 ) is granted, and Defendant shall have until November 30, 2007, to file a reply in support of his motion for relief from judgment (filing 399 ). Ordered by Judge Richard G. Kopf. (JAB) (Entered: 11/19/2007)
2007-11-19 426 0 ANSWER to Writ of Garnishment - Amended Answers to Interrogatories by CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 11/19/2007)
2007-11-26 427 0 ANSWER to Writ of Garnishment - Amended Answers to Interrogatories by CB Richard Ellis, Inc. by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc.. (Guinan, Patrick) (Entered: 11/26/2007)
2007-11-27 428 0 E-Mail Returned as Undeliverable addressed to jlr@eslaw.com regarding Answer to Writ of Garnishment 427 . E-mail resent to jraut@eslaw.com. (CS, ) (Entered: 11/27/2007)
2007-11-30 429 0 MOTION To Vacate Judgment and Verdict and to Dismiss with Prejudice regarding Judgment, 313 by Attorney Herbert J. Friedman on behalf of Plaintiff Anonymous.(Friedman, Herbert) (Entered: 11/30/2007)
2007-12-03 430 0 NOTICE of Conditional Withdrawal of Defendant's Rule 60 Motion by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella (Kester, Krista) (Entered: 12/03/2007)
2007-12-06 431 0 MOTION to Set Aside Garnishment Order by Attorney Patrick R. Guinan on behalf of Garnishee CB Richard Ellis, Inc..(Guinan, Patrick) (Entered: 12/06/2007)
2007-12-12 432 0 MEMORANDUM AND ORDER - The defendant has filed a notice of conditional withdrawal of defendant's Rule 60 motion (filing 430 ). The defendant wishes to know whether I am inclined to grant plaintiff's motion to vacate judgment and verdict and to dismiss with prejudice (filing 429 ). I am inclined to grant the plaintiff's motion. Therefore, IT IS ORDERED that the defendant shall promptly notify me when I have jurisdiction to grant the plaintiff's motion, in light of the fact that jurisdiction currently resides with the Court of Appeals.Ordered by Judge Richard G. Kopf. (CS, ) (Entered: 12/12/2007)
2007-12-14 433 0 NOTICE of Order of Remand by Attorney Krista L. Kester on behalf of Defendant Gordon Keene Vella (Attachments: # 1 Exhibit 1 - Eighth Circuit Court of Appeals' Order of Remand)(Kester, Krista) (Entered: 12/14/2007)
2007-12-14 434 0 ORDER GRANTING PLAINTIFF'S RULE 60(B) MOTION AND DISMISSING WITH PREJUDICE - I find that the motion 429 shall be granted and that the Court has jurisdiction to enter such an order following the Court of Appeals' remand for the purpose of entering such an order. IT IS ORDERED that the Judgment (Filing No. 313 ) and the Jury Verdict (Filing No. 317 ) are vacated pursuant to Fed. R. Civ. P. 60(b). IT IS FURTHER ORDERED that the above-captioned matter is hereby dismissed with prejudice, with each party to bear its own costs. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 12/14/2007)
2007-12-18 435 0 COPY of Judgment from USCA - 8th Circuit (07-2366) - Appellant's motion to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 42(b). The Court's mandate shall issue forthwith. (CS, ) (Entered: 12/18/2007)
2007-12-18 436 0 MANDATE/JUDGMENT from USCA - 8th Circuit (07-2366) - In accordance with the judgment 435 of December 18, 2007, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter regarding Notice of Appeal to USCA 330 . (CS, ) (Entered: 12/18/2007)
2007-12-21 437 0 ORDER - Garnishee's motion, filing 431 , to set aside garnishment order is granted and the order dated August 15, 2007, filing 390 , is vacated and set aside. Ordered by Magistrate Judge David L. Piester. (CS, ) (Entered: 12/21/2007)
2008-12-12 438 0 ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED. Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for defendant shall either 1) withdraw the following exhibits previously submitted in this matter within 15 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. If counsel fails to withdraw these exhibits as directed or to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the listed exhibits without further notice to the parties or order from the court. Ordered by Judge Richard G. Kopf. (SED) (Entered: 12/12/2008)