| Court: | ned |
| Docket #: | 8:13-cv-00381 |
| Case Name: | Mogen Agency, Inc. et al v. Continental General Insurance Company et al |
| PACER case #: | 65003 |
| Date filed: | 2013-12-31 |
| Date terminated: | 2015-11-20 |
| Assigned to: | Judge John M. Gerrard |
| Referred to: | Magistrate Judge Cheryl R. Zwart |
| Case Cause: | 28:1330 Breach of Contract |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Defendant |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Mogen Agency, Inc. Plaintiff now known asPaul Mogen Insurance, Inc. |
Stephen D. Marso Thomas S. Reavely |
| Paul Mogen Plaintiff |
Stephen D. Marso Thomas S. Reavely |
| Continental General Insurance Company Defendant |
Nicholas K. Rudman Steven D. Davidson William T. Gaynor , Jr. |
| Great American Financial Resources Defendant Incorporated |
Nicholas K. Rudman Steven D. Davidson William T. Gaynor , Jr. |
| Great American Insurance Company Defendant |
Nicholas K. Rudman Steven D. Davidson William T. Gaynor , Jr. |
| American Financial Group Defendant |
Nicholas K. Rudman Steven D. Davidson William T. Gaynor , Jr. |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-12-31 | 1 | 0 | NOTICE OF REMOVAL against All Plaintiffs from District Court of Douglas County, Nebraska, Case number CI13-8401 ( Filing fee $ 400, receipt number 0867-2625177) with attached state court pleadings, by Attorney Steven D. Davidson on behalf of Great American Financial Resources, Great American Insurance Company, Continental General Insurance Company, American Financial Group, Inc. (Attachments: # 1 Exhibit "A" Complaint, # 2 Exhibit "B" Acceptance, # 3 Exhibit "C" State Court Notice, # 4 Exhibit "D" Affidavit Pt 1, # 5 Exhibit "D" Affidavit Pt 2)(Davidson, Steven) (Entered: 12/31/2013) | |||
| 2013-12-31 | 2 | 0 | TEXT NOTICE OF JUDGES ASSIGNED: Judge John M. Gerrard and Magistrate Judge Cheryl R. Zwart assigned. (AOA) (Entered: 12/31/2013) | |||
| 2014-01-02 | 3 | 0 | TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Mogen Agency, Inc.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(AOA) (Entered: 01/02/2014) | |||
| 2014-01-02 | 4 | 0 | TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendants American Financial Group, Inc., Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(AOA) (Entered: 01/02/2014) | |||
| 2014-01-02 | 5 | 0 | ATTORNEY LETTER by Clerk that Attorney William T. Gaynor, Jr. has not registered for admittance to practice, nor 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. (JAB) (Entered: 01/02/2014) | |||
| 2014-01-03 | 6 | 0 | MOTION for Extension of Time to File a Responsive Pleading by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company.(Davidson, Steven) (Entered: 01/03/2014) | |||
| 2014-01-03 | 7 | 0 | TEXT ORDER granting 6 Motion for Extension of Time to File a Responsive Pleading. American Financial Group answer or response due 2/6/2014; Continental General Insurance Company answer or response due 2/6/2014; Great American Financial Resources answer or response due 2/6/2014; Great American Insurance Company answer or response due 2/6/2014. Ordered by Deputy Clerk. (TCL ) (Entered: 01/03/2014) | |||
| 2014-01-09 | 8 | 0 | MOTION to Withdraw as Attorney on behalf of Attorney William Gaynor by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company.(Davidson, Steven) (Entered: 01/09/2014) | |||
| 2014-01-10 | 9 | 0 | MEMORANDUM AND ORDER - The motion to withdraw filed by William Gaynor as counsel of record on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, and Great American Life Insurance Company, (filing no. 8 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) (Entered: 01/10/2014) | |||
| 2014-01-14 | 10 | 0 | CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Steven D. Davidson on behalf of Defendant American Financial Group.(Davidson, Steven) (Entered: 01/14/2014) | |||
| 2014-01-14 | 11 | 0 | CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Steven D. Davidson on behalf of Defendant Great American Financial Resources.(Davidson, Steven) (Entered: 01/14/2014) | |||
| 2014-01-14 | 12 | 0 | CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Steven D. Davidson on behalf of Defendant Continental General Insurance Company.(Davidson, Steven) (Entered: 01/14/2014) | |||
| 2014-01-14 | 13 | 0 | CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 as to Great American Life Insurance Company by Attorney Steven D. Davidson on behalf of Defendant Great American Insurance Company.(Davidson, Steven) (Entered: 01/14/2014) | |||
| 2014-01-14 | 14 | 0 | CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 as to Great American Insurance Company by Attorney Steven D. Davidson on behalf of Defendant Great American Insurance Company.(Davidson, Steven) (Entered: 01/14/2014) | |||
| 2014-01-17 | 15 | 0 | CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Stephen D. Marso on behalf of Plaintiffs Mogen Agency, Inc., Paul Mogen.(Marso, Stephen) (Entered: 01/17/2014) | |||
| 2014-01-27 | 16 | 0 | APPLICATION/ORDER admitting pro hac vice Attorney Thomas S. Reavely for Plaintiffs Paul Mogen, Mogen Agency, Inc.. Ordered by Deputy Clerk. (SLP) (Entered: 01/28/2014) | |||
| 2014-01-31 | 17 | 0 | MOTION to Amend Complaint by Attorney Stephen D. Marso on behalf of Plaintiffs Paul Mogen, Mogen Agency, Inc.. (Attachments: # 1 Exhibit First Amended Complaint)(Marso, Stephen) (Entered: 01/31/2014) | |||
| 2014-02-03 | 18 | 0 | TEXT ORDER granting 17 Motion to Amend. The plaintiffs' amended complaint, a copy of which is attached to their motion, shall be filed on or before February 10, 2014. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 02/03/2014) | |||
| 2014-02-05 | 19 | 0 | AMENDED COMPLAINT against Defendant All Defendants, by Attorney Stephen D. Marso on behalf of Mogen Agency, Inc., Paul Mogen (Attachments: # 1 Exhibit A)(Marso, Stephen) (Entered: 02/05/2014) | 2017-02-25 09:08:09 | ef42a4bde1ac9ce92fc10559bb1aca4d702433c0 | |
| 19 | 1 | Exhibit A | ||||
| 2014-02-24 | 20 | 0 | ANSWER to Amended Complaint 19 by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company(Davidson, Steven) (Entered: 02/24/2014) | 2017-02-25 09:07:50 | b054383cec5e3e61bffef670e57de44d83f3a576 | |
| 2014-02-25 | 21 | 0 | SCHEDULING LETTER - Rule 26 Meeting Report Deadline set for 3/25/2014. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 02/25/2014) | |||
| 2014-03-25 | 22 | 0 | REPORT of Rule 26(f) Planning Meeting by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company.(Davidson, Steven) (Entered: 03/25/2014) | |||
| 2014-03-27 | 23 | 0 | FINAL PROGRESSION ORDER - Depositions due 3/31/2015. Jury Trial set for 9/28/2015 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Pretrial Conference set for 9/15/2015 at 10:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx. Telephone Conference set for 6/30/2015 at 09:00 AM before Magistrate Judge Cheryl R. Zwart. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 03/27/2014) | |||
| 2014-03-28 | 24 | 0 | NOTIFICATION of Request for Video Recording by Clerk.(CCB) (Entered: 03/28/2014) | |||
| 2014-04-04 | 25 | 0 | MEMORANDUM AND ORDER - The four above captioned cases were all removed from the District Court of Douglas County, Nebraska on December 31, 2013. A review of the respective complaints reveals the cases contain identical defendants, similar factual allegations, and seek similar relief. The parties submitted separate Rule 26(f) reports for each case requesting similar case progression deadlines, but separate trial dates. IT IS ORDERED:1) The parties have until April 28, 2014 to file a notice with the court addressing why the above captioned cases should not be consolidated for the purposes of discovery, pretrial proceedings, and trial. Absent such a filing, the cases will be consolidated in all respects.2) A final progression order was issued in 8:13cv381 stating the mandatory disclosures must be completed by May 30, 2014. Although final progression orders have not been issued in cases 13cv382, 13cv383, and 13cv385 the parties shall begin the discovery process with mandatory disclosures in those cases to be completed by May 30, 2014. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) (Entered: 04/04/2014) | |||
| 2014-04-28 | 26 | 0 | OBJECTION regarding Memorandum and Order 25 of Objection to Consolidation by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company (Davidson, Steven) Modified on 5/14/2014 to correct event type. (JAB) (Entered: 04/28/2014) | 2017-02-25 09:12:25 | 9035e66fac8634f22ce670ec170d0e2c41de3f22 | |
| 2014-05-19 | 27 | 0 | MEMORANDUM AND ORDER - Defendants objections, (Filing No. 26 in 8:13cv381; Filing No. 26 in 8:13cv382; Filing No. 23 in 8:13cv383; and Filing No. 23 in 8:13cv385) are sustained. The above captioned cases shall remain separate for all purposes. The final progression order issued in 8:13cv381 remains in effect. Final progression orders in cases 13cv382; 13cv383; and 13cv385 are forthcoming. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG) (Entered: 05/20/2014) | 2017-02-25 09:29:00 | ae38ca392cd4c96662bce618e8613f1a56382ff6 | |
| 2014-05-30 | 28 | 0 | DISCLOSURE Initial Rule 26(a)(1) by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company.(Davidson, Steven) (Entered: 05/30/2014) | |||
| 2014-05-30 | 29 | 0 | NOTICE Plaintiffs' Initial Disclosure by Attorney Stephen D. Marso on behalf of Plaintiff Paul Mogen (Marso, Stephen) (Entered: 05/30/2014) | |||
| 2014-08-28 | 30 | 0 | NOTICE of Service of Written Discovery Requests to Defendants by Attorney Stephen D. Marso on behalf of Plaintiffs Paul Mogen, Mogen Agency, Inc. (Marso, Stephen) (Entered: 08/28/2014) | |||
| 2014-10-24 | 31 | 0 | NOTICE OF SERVICE OF DISCOVERY by Attorney Steven D. Davidson on behalf of Defendant Continental General Insurance Company (Davidson, Steven) (Entered: 10/24/2014) | |||
| 2014-11-17 | 32 | 0 | NOTICE OF SERVICE OF DISCOVERY by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company (Davidson, Steven) (Entered: 11/17/2014) | |||
| 2014-12-22 | 33 | 0 | Joint MOTION to Extend Certain Pretrial Deadlines by Attorney Stephen D. Marso on behalf of Plaintiffs Paul Mogen, Mogen Agency, Inc..(Marso, Stephen) (Entered: 12/22/2014) | |||
| 2014-12-24 | 34 | 0 | ORDER granting 33 Joint Motion to Extend deadlines. The final progression order is amended as stated. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) (Entered: 12/24/2014) | |||
| 2015-01-06 | 35 | 0 | JOINT MOTION for Protective Order by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company. (Attachments: # 1 Exhibit A - Protective Order)(Davidson, Steven) (Entered: 01/06/2015) | |||
| 2015-01-08 | 36 | 0 | ORDER granting 35 Motion for Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 01/08/2015) | |||
| 2015-01-20 | 37 | 0 | JOINT TEXT ORAL MOTION to coordinate expert witness deadlines with the following cases (8:13cv383, 8:13cv382, 8:13cv381, 8:13cv385). (DMS) (Entered: 01/20/2015) | |||
| 2015-01-20 | 38 | 0 | ORDER granting 37 Oral Motion to coordinate expert witness deadlines with the following cases (8:13cv383, 8:13cv381, 8:13cv382, 8:13cv385). The deadlines for identifying expert witnesses expected to testify at the trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are: For the plaintiff(s): February 13, 2015. For the defendant(s): April 6, 2015. The deadlines for complete expert disclosures for all experts expected to testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are: For the plaintiff(s): March 31, 2015. For the defendant(s): May 22, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 01/20/2015) | |||
| 2015-03-25 | 39 | 0 | JOINT MOTION to Continue TRIAL AND PRETRIAL DEADLINES by Attorney Stephen D. Marso on behalf of Plaintiffs Paul Mogen, Mogen Agency, Inc..(Marso, Stephen) (Entered: 03/25/2015) | |||
| 2015-03-26 | 40 | 0 | ORDER granting in part and denying in part 39 Motion to amend progression order. Depositions due October 9, 2015.1) 8-day Jury Trial set for 2/29/2016 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard.2) Pretrial Conference set for 2/16/2016 at 11:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) (Entered: 03/27/2015) | |||
| 2015-05-04 | 41 | 0 | NOTICE to Take Deposition of Paul Mogen by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company (Davidson, Steven) (Entered: 05/04/2015) | |||
| 2015-06-15 | 42 | 0 | NOTICE of SERVICE OF PLAINTIFFS' RE-DESIGNATION AND SUPPLEMENTATION OF EXPERT WITNESSES TO DEFENDANTS by Attorney Stephen D. Marso on behalf of Plaintiffs Paul Mogen, Mogen Agency, Inc. (Marso, Stephen) (Entered: 06/15/2015) | |||
| 2015-06-26 | 43 | 0 | MOTION for Protective Order by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company.(Davidson, Steven) (Entered: 06/26/2015) | |||
| 2015-06-26 | 44 | 0 | BRIEF in support of MOTION for Protective Order 43 by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company.(Davidson, Steven) (Entered: 06/26/2015) | |||
| 2015-06-26 | 45 | 0 | INDEX in support of MOTION for Protective Order 43 by Attorney Steven D. Davidson on behalf of Defendants American Financial Group, Continental General Insurance Company, Great American Financial Resources, Great American Insurance Company. (Attachments: # 1 Exhibit A - Affidavit of Steven D. Davidson, # 2 Exhibit 1-24)(Davidson, Steven) (Entered: 06/26/2015) | |||
| 2015-06-30 | 46 | 0 | ORDER - A telephonic conference before the undersigned magistrate judge will be held on August 11, 2015 at 9:00 a.m. to discuss the status of case progression, any pending motions, and potential settlement. Counsel for plaintiff shall place the call. The defendants' deadline for disclosing the identity of expert witnesses is stayed pending further order of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG) (Entered: 06/30/2015) | |||
| 2015-07-13 | 47 | 0 | MOTION to Extend Time to Respond to Defendants' MOTION for Protective Order 43 by Attorney Stephen D. Marso on behalf of Plaintiffs Paul Mogen, Mogen Agency, Inc..(Marso, Stephen) (Entered: 07/13/2015) | |||
| 2015-07-13 | 48 | 0 | TEXT ORDER granting 47 Motion to Extend. The Plaintiff's response to the motion for protective order shall be filed on or before August 4, 2015, with any reply filed on or before August 10, 2015. Counsel shall be prepared to discuss any unresolved issues on the motion for protective order during the conference call currently set for August 11, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 07/13/2015) | |||
| 2015-07-16 | 49 | 0 | TEXT NOTICE by Clerk that a system error occurred that prevented the header from appearing on document 47 filed between July 11, 2015 - July 13, 2015. The error has now been fixed. You will not receive a free look at the document hyperlinked in this notice, however, if you would like to receive a copy of the document sent to you via e-mail, please contact our office at (866) 220-4381 (Omaha) or (866) 220-4379 (Lincoln). (KMG) (Entered: 07/16/2015) | |||
| 2015-07-31 | 50 | 0 | NOTICE of SERVICE OF PLAINTIFFS' EXPERT WITNESS REPORTS AND SUMMARY OF HYBRID WITNESS TESTIMONY by Attorney Stephen D. Marso on behalf of Plaintiffs Paul Mogen, Mogen Agency, Inc. (Marso, Stephen) (Entered: 07/31/2015) | |||
| 2015-08-04 | 51 | 0 | NOTICE of WITHDRAWAL by Attorney Stephen D. Marso on behalf of Plaintiffs Paul Mogen, Mogen Agency, Inc. (Marso, Stephen) (Entered: 08/04/2015) | |||
| 2015-08-06 | 52 | 0 | TEXT ORDER denying as moot 43 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC) (Entered: 08/06/2015) | |||
| 2015-08-11 | 53 | 0 | ORDER - IT IS ORDERED: A settlement conference will be held before the undersigned magistrate judge with counsel and representatives of the parties on October 26, 2015, beginning at 9:00 a.m. in the special proceedings courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Suite 1152, Omaha, Nebraska. The parties' representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference. Progression of this case is stayed pending the outcome of the settlement conference and further order of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL ) (Entered: 08/11/2015) | |||
| 2015-10-26 | 54 | 0 | ORDER - On or before November 25, 2015, the parties shall file a joint stipulation for dismissal, or other dispositive stipulation, together with submitting to the undersigned judge a draft order which will fully dispose of the case. Absent compliance with this order, this case (including counterclaims and the like) may be dismissed without further notice. This case is removed from the Court's trial docket. The Clerk of the Court shall set a dismissal papers deadline of November 25, 2015. Ordered by Judge John M. Gerrard. (GJG) (Entered: 10/26/2015) | |||
| 2015-11-20 | 55 | 0 | JOINT STIPULATION FOR DISMISSAL by Attorney Stephen D. Marso on behalf of Plaintiffs Paul Mogen, Mogen Agency, Inc..(Marso, Stephen) (Entered: 11/20/2015) | |||
| 2015-11-20 | 56 | 0 | JUDGMENT - Upon the parties' Joint Stipulation of Dismissal (filing 55 ), this matter is dismissed with prejudice, all parties signed out for their own costs. Ordered by Judge John M. Gerrard. (GJG) (Entered: 11/20/2015) |