Case Details

CourtDistrict of Nebraska
Docket number4:14-cv-03134
Date case filed2014-06-18
Date case closed2015-10-15
Date of latest filing
Assigned toSenior Judge Richard G. Kopf
Case cause28:1332 Diversity-Insurance Contract
Nature of suit110 Insurance
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: Randall Clausen
Party type: Plaintiff
TERMINATED: 04/21/2015
Attorney name: Kirk B. Thompson
Attorney Contact:
MARKS, CLARE LAW FIRM
11605 Miracle Hills Drive
Suite 300
Omaha, NE 68154
(402) 492-9800
Fax: (402) 492-9336
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Raymond R. Aranza
Attorney Contact:
WALENTINE, O'TOOLE LAW FIRM
P.O. Box 540125
Omaha, NE 68154-0125
(402) 330-6300
Fax: (402) 330-6303
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Peggy Clausen
Party type: Plaintiff
Attorney name: Kirk B. Thompson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Raymond R. Aranza
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Reserve National Insurance Company
Party type: Defendant
Attorney name: Terry R. Wittler
Attorney Contact:
CLINE, WILLIAMS LAW FIRM - LINCOLN
233 South 13th Street
1900 US Bank Building
Lincoln, NE 68508-2095
(402) 474-6900
Fax: (402) 474-5393
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Estate of Randall Clausen
Party type: Plaintiff
by and through Peggy J. Clausen, personal representative

estate ofRandall Clausen
Attorney name: Kirk B. Thompson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Raymond R. Aranza
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12014-06-18 NOTICE OF REMOVAL and Request for Place of Trial against Peggy Clausen, Randall Clausen from District Court of Madison County, Nebraska, Case number CI14-152 ( Filing fee $ 400, receipt number 0867-2729751) with attached state court pleadings, by Attorney Terry R. Wittler on behalf of Reserve National Insurance Company (Attachments: # 1 Exhibit A - Complaint)(Wittler, Terry) (Entered: 06/18/2014)
1.1 Exhibit A - Complaint
22014-06-18 MOTION for Extension of Time to File a Responsive Pleading by Attorney Terry R. Wittler on behalf of Defendant Reserve National Insurance Company.(Wittler, Terry) (Entered: 06/18/2014)
32014-06-18 TEXT NOTICE OF JUDGES ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. (ADB, ) (Entered: 06/18/2014)
42014-06-18 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Reserve National 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.(ADB, ) (Entered: 06/18/2014)
52014-06-18 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent United Insurance Company of America, Corporate Parent Kemper Corporation for Reserve National Insurance Company. by Attorney Terry R. Wittler on behalf of Defendants Reserve National Insurance Company, United Insurance Company of America, Kemper Corporation.(Wittler, Terry) (Entered: 06/18/2014)
62014-06-19 MEMORANDUM AND ORDER - The defendant's motion for a 30-day extension under Nebraska Civil Rule 6.1(a)(1), (Filing No. 2 ), is granted in part. Defendant's answer or response to Plaintiff's complaint shall be filed on or before August 1, 2014. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) (Entered: 06/19/2014)
72014-07-28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Terry R. Wittler on behalf of Defendant Reserve National Insurance Company.(Wittler, Terry) (Entered: 07/28/2014)
82014-07-28 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 7 by Attorney Terry R. Wittler on behalf of Defendant Reserve National Insurance Company.(Wittler, Terry) (Entered: 07/28/2014)
92014-08-18 ORDER that if the parties consent to final disposition of the case by the undersigned magistrate judge, on or before September 2, 2014, they shall complete the "CONSENT TO RANDOM ASSIGNMENT TO MAGISTRATE JUDGE." After all parties have signed this form, e-mail it in.pdf format to [email protected] Do not electronically file this form or submit it to chambers. In the absence of timely submitting the attached form in accordance with paragraph (1) of this order, the case will be reassigned to a district judge. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF) (Entered: 08/18/2014)
102014-08-20 BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 7 by Attorney Raymond R. Aranza on behalf of Plaintiffs Peggy Clausen, Randall Clausen.(Aranza, Raymond) (Entered: 08/20/2014)
112014-08-27 REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 7 by Attorney Terry R. Wittler on behalf of Defendant Reserve National Insurance Company.(Wittler, Terry) (Entered: 08/27/2014)
122014-09-04 REASSIGNMENT ORDER - case reassigned to Senior Judge Richard G. Kopf for disposition and Magistrate Judge Cheryl R. Zwart for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (ADB) (Entered: 09/04/2014)
132014-09-25 MEMORANDUM AND ORDER that Defendant's 7 Motion to Dismiss for Failure to State a Claim is granted in part and denied in part, as follows: Count I is dismissed only to the extent that Plaintiffs have alleged the breach of an oral contract. Count II is dismissed except to the extent that Plaintiffs have alleged Defendant or its agent fraudulently misrepresented that Defendant's policy had "lifetime deductibles." Count III is dismissed. Count IV is dismissed. Ordered by Senior Judge Richard G. Kopf. (ADB) (Entered: 09/25/2014)
142014-10-06 ANSWER to Notice of Removal Attorney - Complaint Type, 1 by Attorney Terry R. Wittler on behalf of Defendant Reserve National Insurance Company(Wittler, Terry) (Entered: 10/06/2014)
152014-10-07 SCHEDULING LETTER - Rule 26 Meeting Report Deadline set for 11/7/2014. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 10/07/2014)
162014-11-07 REPORT of Rule 26(f) Planning Meeting by Attorney Terry R. Wittler on behalf of Defendant Reserve National Insurance Company.(Wittler, Terry) (Entered: 11/07/2014)
172014-11-14 AMENDED COMPLAINT against Defendant Reserve National Insurance Company, by Attorney Raymond R. Aranza on behalf of Randall Clausen, Peggy Clausen(Aranza, Raymond) (Entered: 11/14/2014)
182014-11-14 FINAL PROGRESSION ORDER - Depositions due 5/1/2015. Non-Jury Trial set for 8/10/2015 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Pretrial Conference set for 7/28/2015 at 01:30 PM 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. A Telephone Conference is set for 5/12/2015 at 09:30 AM before Magistrate Judge Cheryl R. Zwart. Counsel for plaintiff shall place the call.Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 11/14/2014)
192014-11-21 ANSWER to Amended Complaint 17 by Attorney Terry R. Wittler on behalf of Defendant Reserve National Insurance Company(Wittler, Terry) (Entered: 11/21/2014)
202014-12-08 NOTICE of Serving Plaintiffs' Rule 26(a)(1) Disclosures by Attorney Raymond R. Aranza on behalf of Plaintiffs Peggy Clausen, Randall Clausen (Aranza, Raymond) (Entered: 12/08/2014)
212015-03-30 Certificate of Notice of Death by Attorney Terry R. Wittler on behalf of Defendant Reserve National Insurance Company.(Wittler, Terry) Modified on 3/31/2015 to correct event to suggestion of death(CS). (Entered: 03/30/2015)
222015-04-21 MOTION to Substitute Party by Attorney Raymond R. Aranza on behalf of Plaintiffs Peggy Clausen, Randall Clausen.(Aranza, Raymond) (Entered: 04/21/2015)
232015-04-21 MOTION to Extend Deadlines by Attorney Raymond R. Aranza on behalf of Plaintiffs Peggy Clausen, Randall Clausen.(Aranza, Raymond) (Entered: 04/21/2015)
242015-04-21 ORDER - 1) The plaintiffs' motion, (Filing No. 22 ), is granted as follows.- a. The named plaintiff, Randall Clausen, is now the Estate of Randall Clausen, by and through Peggy J. Clausen, personal representative;- b. The caption on all docket filings hereafter shall reflect this substitution of parties; and- c. The clerk shall correct the court's docket accordingly.2) The plaintiff's motion to continue, (Filing No. 23 ), is granted. The deposition, written discovery, and summary judgment deadlines are extended to July 1, 2015. The trial and pretrial conference scheduling will be discussed during the conference call scheduled to be held on May 12, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) (Entered: 04/22/2015)
252015-05-08 NOTICE of Serving Plaintiff's Discovery Requests by Attorney Raymond R. Aranza on behalf of Plaintiffs Peggy Clausen, Randall Clausen (Aranza, Raymond) (Entered: 05/08/2015)
262015-05-14 AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF A CIVIL CASE:- Depositions due 8/3/2015.- 2-day Non-Jury Trial set for 12/14/2015 at 09:00 AM before Senior Judge Richard G. Kopf. Pretrial Conference set for 12/1/2015 at 11:00 AM by WebEx Conference 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 1/30/2015 at 1:00 PM with Magistrate Judge Cheryl R. Zwart to discuss the status of this case. Counsel for plaintiff shall place the call.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) (Entered: 05/14/2015)
272015-05-14 NOTICE of Serving Plaintiffs' Discovery Responses by Attorney Raymond R. Aranza on behalf of Plaintiffs Peggy Clausen, Randall Clausen, Estate of Randall Clausen (Aranza, Raymond) (Entered: 05/14/2015)
282015-08-24 SETTLEMENT CONFERENCE ORDER - A Settlement Conference will be held before Magistrate Judge Cheryl R. Zwart on 9/18/2015 at 9:00 AM in Chambers. Counsel shall submit a confidential settlement statement to the undersigned by email to [email protected] no later than September 11, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF) (Entered: 08/24/2015)
292015-08-24 ORDER, Amended Settlement Conference Order: The Settlement Conference is set for 9/17/2015 at 09:00 AM in Chambers before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC) (Entered: 08/24/2015)
302015-09-17 TEXT MINUTE ENTRY for Settlement Conference held before Magistrate Judge Cheryl R. Zwart in Lincoln on 9/17/2015. Settlement has been reached. Terms of the settlement read into the record. Court orders audio of hearing be restricted to case participants. Courtroom Deputy: Jeri Bierbower. Reporter: Digital Recorder. Appearance for Plaintiff: Raymond Aranza, retained; For Defendant: Terry Wittler, retained. Time Start: 1:45 PM; Time Stop: 1:50 PM; Time in Court: 5 Minutes. (JAB) (Entered: 09/17/2015)
312015-09-17 RESTRICTED AUDIO FILE (1.0 MB) regarding Settlement Conference, 30 held on 9/17/2015 at 1:45 PM before Magistrate Judge Cheryl R. Zwart. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). (JAB) (Entered: 09/17/2015)
322015-09-17 ORDER that within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court (and provide a copy to the magistrate judge and to Senior United States District Judge Richard G. Kopf, the trial judge to whom this case is assigned), together with submitting to the trial judge a draft order which will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. This case is removed from the court's trial docket upon representation by the parties that the case has settled. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(LAC) (Entered: 09/17/2015)
332015-10-14 UNOPPOSED MOTION to Dismiss by Attorney Raymond R. Aranza on behalf of Plaintiffs Peggy Clausen, Randall Clausen, Estate of Randall Clausen.(Aranza, Raymond) (Entered: 10/14/2015)
342015-10-15 JUDGMENT that this action is dismissed, with each party to pay their own costs. Ordered by Senior Judge Richard G. Kopf. (LAC) (Entered: 10/15/2015)