Bredthauer

Filing 187

ORDER - The plaintiffs' Motion to Compel Defendants to Produce a Copy of their SEC Testimony (Filing No. 181 ) is denied as moot as to defendants Samuel P. Baird, Charles W. Hoskins, James McClurg, Campbell R. McConnell, Ann Lindley Spence , and James Strand. The plaintiffs' Motion to Compel Defendants to Produce a Copy of their SEC Testimony with regard to the Objecting Defendants will be ruled upon following plaintiffs' reply time. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SUSAN E. BREDTHAUER, et al.,
Plaintiffs,
vs.
GILBERT G. LUNDSTROM, et al.,
Defendants.

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4:10CV3132
ORDER

This matter is before the court upon the plaintiffs’ June 20, 2012, Motion to Compel
Defendants to Produce a Copy of their SEC Testimony (Motion) (Filing No. 181). The
plaintiffs filed an index of evidence (Filing No. 182) in support of the Motion. The
defendants, James A. Laphen, Gilbert G. Lundstrom, Eugene B. Witkowicz, Sherry Furnas
(as Personal Representative of the Gale Furnas Estate), Paula Luther, Roger Ludemann,
and Larry Pfeil (“Objecting Defendants”), filed a brief (Filing No. 183) and an index of
evidence (Filing No. 184) in opposition to the Motion. The defendants Samuel P. Baird,
Charles W. Hoskins, James McClurg, Campbell R. McConnell, James Strand filed a
response (Response) (Filing No. 185). The defendant Ann Lindley Spence also filed a
response (Spence Response) (Filing No. 186).
The defendants assert Messrs. Baird, Hoskins, and McConnell have agreed to
produce their SEC transcripts. See Filing No. 185 - Response p. 2. Additionally, the
defendants represent the SEC has not deposed Ms. Spence and Messrs. McClurg and
Strand and therefore do not possess transcripts to produce. See Id., Filing No. 186 Spence Response p. 2. Accordingly,

IT IS ORDERED:
1.

The plaintiffs’ Motion to Compel Defendants to Produce a Copy of their SEC

Testimony (Filing No. 181) is denied as moot as to defendants Samuel P. Baird, Charles
W. Hoskins, James McClurg, Campbell R. McConnell, Ann Lindley Spence, and James
Strand.
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2.

The plaintiffs’ Motion to Compel Defendants to Produce a Copy of their SEC

Testimony with regard to the Objecting Defendants will be ruled upon following plaintiffs’
reply time.

DATED this 9th day of July, 2012.
BY THE COURT:
s/Thomas D. Thalken
United States Magistrate Judge

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