Cargill, Incorporated v. Kroeger et al

Filing 239

ORDER - IT IS ORDERED that: Within 14 days from today's date, Plaintiff shall file (a) an application for prejudgment interest, including a detailed calculation of the amount claimed, supported by written argument and appropriate references t o trial exhibits and trial testimony,1 and (b) an application for attorney's fees supported by affidavits, duly authenticated evidence, and written argument, see NECivR 54.3 (award of attorney's fees and nontaxable expenses) and 54.4 (fe e application guidelines). See also NECivR 7.0.1(a) (supporting a motion). Within 14 days after service of Plaintiff's applications for prejudgment interest and attorney's fees, Defendant shall file a responsive brief and any opposing ev idence. See NECivR 7.0.1(b) (opposing a motion). Within 7 days after service of Defendant's response, Plaintiff may file a reply. See NECivR 7.0.1(c) (replying to opposing briefs and evidence). Entry of judgment shall be withheld pending determination of Plaintiffs applications for prejudgment interest and attorneys fees. Ordered by Senior Judge Richard G. Kopf. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

CARGILL, INCORPORATED,
Plaintiff,
v.
KURT KROEGER,
KATHY KROEGER, and
H & M FARMS, INC.,
Defendants.

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8:11CV81

ORDER

The jury having returned a verdict in favor of Plaintiff, Cargill, Incorporated,
and against Defendant H & M Farms, Inc., the court must now make determinations
regarding the amount of prejudgment interest and attorney’s fees that Plaintiff may
recover under the terms of the parties’ contract. Accordingly,
IT IS ORDERED that:
1.
Within 14 days from today’s date, Plaintiff shall file (a) an application
for prejudgment interest, including a detailed calculation of the amount claimed,
supported by written argument and appropriate references to trial exhibits and trial
testimony,1 and (b) an application for attorney’s fees supported by affidavits, duly
authenticated evidence, and written argument, see NECivR 54.3 (award of attorney’s
fees and nontaxable expenses) and 54.4 (fee application guidelines). See also
NECivR 7.0.1(a) (supporting a motion).

1

The court does not require a written trial transcript. Any trial testimony relied
upon may be referenced to the court’s audio files, showing the filing number and the
relevant portion (start/stop time) of the recording.

2.
Within 14 days after service of Plaintiff’s applications for prejudgment
interest and attorney’s fees, Defendant shall file a responsive brief and any opposing
evidence. See NECivR 7.0.1(b) (opposing a motion).
3.
Within 7 days after service of Defendant’s response, Plaintiff may file
a reply. See NECivR 7.0.1(c) (replying to opposing briefs and evidence).
4.
Entry of judgment shall be withheld pending determination of Plaintiff’s
applications for prejudgment interest and attorney’s fees.
September 28, 2012.

BY THE COURT:

Richard G. Kopf
Senior United States District Judge

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