Stockmens Bank v. Double H Partnership
| Stockmens Bank |
| Double H Partnership |
| 4:2025cv03004 |
| January 8, 2025 |
| U.S. District Court for the District of Nebraska |
| Susan M Bazis |
| Ryan C Carson |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Conversion |
| Defendant |
Docket Report
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This docket was last retrieved on February 28, 2025. A more recent docket listing may be available from PACER.
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Filing 33
ORDER AND JUDGMENT - The Order to Clerk in Replevin (Filing No. #24 ) and Order in Replevin (Filing No. #25 ) are vacated. The Stipulation for Dismissal (Filing No. #32 ) is granted. This action is dismissed with prejudice. Plaintiff's Motion for Partial Summary Judgment (Filing No. #27 ) is denied as moot. Ordered by Judge Susan M. Bazis. (MKR)
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| Filing 32 STIPULATION FOR DISMISSAL with Prejudice and to Vacate the Court's February 12, 2025 Replevin Orders by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank.(O'Brien, John) |
| Filing 31 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Circle H Farms, Inc., Corporate Parent RWH Farms, Inc., Corporate Parent RWH Farms, Inc. for Double H Partnership. by Attorney Alexander O. Dehner on behalf of Defendants Double H Partnership, Circle H Farms, Inc., RWH Farms, Inc., RWH Farms, Inc..(Dehner, Alexander) |
| Filing 30 BRIEF in support of MOTION for Partial Summary Judgment on Plaintiff's First Claim for Relief #27 by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank.(O'Brien, John) |
| Filing 29 INDEX in support of MOTION for Partial Summary Judgment on Plaintiff's First Claim for Relief #27 by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank.(O'Brien, John) |
| Filing 28 STATEMENT regarding: MOTION for Partial Summary Judgment on Plaintiff's First Claim for Relief #27 Statement of Material Facts Pursuant to Local Rule 56.1(a)(1) in Support of Motion for Partial Summary Judgment on Plaintiff's First Claim for Relief by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank.(O'Brien, John) |
| Filing 27 MOTION for Partial Summary Judgment on Plaintiff's First Claim for Relief by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank.(O'Brien, John) |
| Filing 26 ANSWER to Complaint with with jury demand (and Affirmative Defenses) by Double H Partnership (McCauley, Seth) |
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Filing 25
ORDER IN REPLEVIN ordered by Deputy Clerk. (DKM)
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Filing 24
ORDER TO CLERK IN REPLEVIN that the Clerk of Court shall issue an Order for Delivery of the above-described property into Plaintiffs possession, subject to Plaintiffs further compliance with the law. Further, the Hall County Sheriff is directed to obtain possession of the property described above, subject to further order of this Court.Ordered by Judge Susan M. Bazis. (DKM)
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Filing 23
FINDINGS OF FACT AND ORDER that the Court will enter a separate Order of Delivery directing the Hall County Sheriff to deliver the subject property to the possession of Plaintiff. Plaintiff is required to post bond to the Clerk of Court pursuant to Neb. Rev. Stat. 25-1098 in the amount of $350,000. Until further order of the Court, the Temporary Order in Replevin (Filing No. 11) will remain in full force and effect.Ordered by Judge Susan M. Bazis. (DKM)
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| Filing 22 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Double H Partnership. 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.(RMW) |
| Filing 21 TEXT MINUTE ENTRY for proceedings held before Judge Susan M. Bazis. Hearing on Temporary Order in Replevin #11 held in Lincoln on 2/11/2025. The Court took judicial notice of Filing No. #1 and Filing No. #10 . Matter Submitted. Written Order forthcoming. Courtroom Deputy: Rene' Wilson; Reporter: Lisa Grimminger ; Appearance for Plaintiff: John O'Brien and Shilee T. Mullin; Appearance for Defendant: Seth C. McCauley. Time Start: 1:03 PM; Time Stop: 1:49 PM; Time in Court: 46 Minutes. (RMW) Modified on 2/12/2025 to correct text (RMW). |
| Filing 20 BRIEF Order Setting Hearing on Motion,,,, #11 , Order on Motion to Continue 16 Plaintiff's Hearing Brief for February 11, 2025 Replevin Hearing by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank.(O'Brien, John) |
| Filing 19 INDEX Order on Motion to Continue 16 Plaintiff's Index of Exhibits for February 11, 2025 Replevin Hearing by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank.(O'Brien, John) |
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Filing 18
ORDER - Pursuant to the recusal of Magistrate Judge Jacqueline M. DeLuca, this case is reassigned to Magistrate Judge Ryan C. Carson for judicial supervision and processing of all pretrial matters. Ordered by Judge Susan M. Bazis. (MKR)
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Filing 17
RECUSAL ORDER - This matter is before the Court on the Court's own motion pursuant to 28 U.S.C. 455(a), which states: "Any... magistrate judge of the United States shall disqualify [her]self in any proceeding in which [her] impartiality might reasonably be questioned." Upon review of the docket in the above-designated case, the undersigned judge shall, and hereby does, recuse herself from the above-designated case pursuant to 28 U.S.C. 455(a). Ordered by Magistrate Judge Jacqueline M. DeLuca. (MKR)
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Filing 16
TEXT ORDER granting #15 Motion to Continue. The hearing scheduled in this matter for February 3, 2025 is continued to February 11, 2025, at 1:00 p.m. Ordered by Judge Susan M. Bazis. (LRH)
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| Filing 15 MOTION to Continue Hearing on Temporary Order in Replevin and Request for Delivery of Property (Scheduled for 2/3/2025) by Attorney Seth C. McCauley on behalf of Defendant Double H Partnership.(McCauley, Seth) |
| Filing 14 NOTICE of Appearance by Attorney Seth C. McCauley on behalf of Defendant Double H Partnership (McCauley, Seth) |
| Filing 12 RETURN of service of Subpoena on 1/22/2025 upon Colton Osborn by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank.(O'Brien, John) |
| Filing 13 TEXT NOTICE of Hearing regarding Temporary Order in Replevin #11 . In Court Hearing set for 2/3/2025 04:00 PM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Susan M. Bazis. (LKO) |
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Filing 11
TEMPORARY ORDER IN REPLEVIN AND NOTICE OF HEARING - Defendant shall hold the above-described property in its possession, unimpaired and unencumbered, and in all respects in the same state and condition as at the time of the receipt of this Temporary Order, and further order of this Court. If Defendant fails to comply with this Temporary Order, it shall be subject to the full contempt powers of this Court. A hearing will be held on Plaintiff's request for delivery of the property described above on February 3, 2025 at 4:00 p.m. in Courtroom 1 at the Robert V. Denney Federal Building and US Courthouse, 100 Centennial Mall N, Lincoln, NE, 68508. At the hearing, the Court will determine Plaintiff's right to possession to the above-described property pending a final determination on the merits of this case. At the hearing, Defendant shall be required to show cause why the possession of the described property should not be delivered to Plaintiff. Ordered by Judge Susan M. Bazis. (LKO)
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| Remark - Public: (Related Case): This notice serves to advise the parties that Chief Judge Rossiter noted this case is related to case 4:25cv3003. (DKM) |
| Filing 10 AFFIDAVIT of John F. Gumper in Support of Verified Complaint for Replevin and for Other Relief Including a Request for Delivery of the Property and the Issuance of an Order by the Court to that Effect regarding Complaint, #1 by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(O'Brien, John) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank.(O'Brien, John) |
| Filing 8 AFFIDAVIT of John F. Gumper in Support of Verified Complaint for Replevin and for Other Relief regarding Complaint, #1 by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(O'Brien, John) |
| Filing 7 Summons Issued as to defendant Double H Partnership. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LKO) |
| Filing 6 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Stockmens Bank. 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. (LKO) |
| Filing 5 TEXT NOTICE OF JUDGES ASSIGNED: Judge Susan M. Bazis and Magistrate Judge Jacqueline M. DeLuca assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO) |
| Filing 4 MOTION Temporary Order in Replevin and Notice of Hearing by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank. (Attachments: #1 Text of Proposed Order)(O'Brien, John) |
| Filing 3 AFFIDAVIT of John F. Gumper in Support of Verified Complaint for Replevin and for Other Relief regarding Complaint, #1 by Attorney John O'Brien on behalf of Plaintiff Stockmens Bank.(O'Brien, John) |
| Filing 2 Summons Requested as to Double H Partnership regarding Complaint, #1 . (O'Brien, John) |
| Filing 1 COMPLAINT for Replevin and for Other Relief against Double H Partnership ( Filing fee $ 405, receipt number ANEDC-5230333), by Attorney John O'Brien on behalf of Stockmens Bank (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(O'Brien, John) |
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| Defendant: Double H Partnership | |
| Represented By: | Alexander O. Dehner |
| Represented By: | Seth C. McCauley |
| Represented By: | Daniel C. Pauley |
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| Plaintiff: Stockmens Bank | |
| Represented By: | Shilee T. Mullin |
| Represented By: | John O'Brien |
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