Struyk v. Holmes, Murphy & Associates, Inc.

Filing 33

ORDER - THEREFORE, THE COURT ORDERS the parties and the Clerk of Court to proceed as follows: Henceforth, all filings shall occur in case number 8:11CV3151.1 The Clerk of Court shall close case number 8:11CV427. The plaintiffs in case number 8: 11CV3151 shall have 20 days from the date of this order to file an amended complaint which includes all the relevant allegations contained in both cases, 8:11CV3151 and 8:11CV427. Thereafter, the defendant shall have 20 days after the filing of th e amended complaint to file its amended answer, counterclaims, cross-claims or third- party claims, or other appropriate motions. The Clerk of Court shall file this order in both cases. Thereafter, all filings will occur only in case number 8:11CV3 151. All attorneys who are involved in this case shall register with cm/ecf within 48 hours of the date of this order. This order will not change the April 20, 2012, deadlines set by the magistrate judge. Ordered by Judge Joseph F. Bataillon. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JACK STRUYK JR., THE KANSAS
CITY SERIES OF LOCKTON
COMPANIES LLC, CYNTHIA
CARLSON, DEBORAH RASMUSSEN,
KATHLEEN FRIDHOLM, PATRICIA
GALVIN, JANE DAMBROSIA, and
MARLYS GORSETH,
Plaintiffs,
V.
HOLMES, MURPHY & ASSOCIATES,
INC., an Iowa corporation,
Defendant.

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Plaintiff,
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V.
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JACK STRUYK, LOCKTON
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COMPANIES, LLC, KATHY
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FRIDHOLM, JANE DAMBROSIA,
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CINDY CARLSON, DEB RASMUSSEN, )
MARLYS GORSETH, and PAT
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GALVIN,
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Defendants.
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8:11CV3151

ORDER

HMA, INC., an Iowa Corporation,

8:11CV427

ORDER

This matter is before the court following a phone conference with counsel. The
parties filed one action, 8:11CV427, in Iowa state court, removed it to the United States
District Court for the District of Iowa, and then the Iowa federal district court judge
transferred it to the United States District Court for the District of Nebraska. The parties

filed another case earlier on the same day, 8:11CV3151, in the United States District Court
for the District of Nebraska. Both actions deal with an alleged breach of contract and an
alleged breach of an employment non-compete agreement. The parties are currently
briefing a request for expedited discovery and preliminary injunction, and one or more of
the parties intend to file summary judgment motions. The magistrate judge set a deadline
for these responses of April 20, 2012.
The court discussed a number of issues with counsel, including the possibility of
consolidating these two cases for progression and discovery.

Following the phone

conference, the court thoroughly reviewed the file and determined that complete
consolidation is appropriate in this case. The parties, issues, documents, witnesses and
evidence are all the same. The court further finds that consolidating the pleadings will not
substantially change the claims and relief sought by the parties. Therefore, the magistrate
judge’s April 20, 2012, briefing and motion deadline should remain in place.
THEREFORE, THE COURT ORDERS the parties and the Clerk of Court to proceed
as follows:
1. Henceforth, all filings shall occur in case number 8:11CV3151.1
2. The Clerk of Court shall close case number 8:11CV427.
3. The plaintiffs in case number 8:11CV3151 shall have 20 days from the date of
this order to file an amended complaint which includes all the relevant allegations
contained in both cases, 8:11CV3151 and 8:11CV427.

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The court chose this case as it was filed first in tim e. A determ ination of which law applies, Nebraska
or Iowa, will be determ ined at a later date after additional evidence has been subm itted to the court.
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4. Thereafter, the defendant shall have 20 days after the filing of the amended
complaint to file its amended answer, counterclaims, cross-claims or third-party claims, or
other appropriate motions.
5. The Clerk of Court shall file this order in both cases. Thereafter, all filings will
occur only in case number 8:11CV3151.
6. All attorneys who are involved in this case shall register with cm/ecf within 48
hours of the date of this order.
7. This order will not change the April 20, 2012, deadlines set by the magistrate
judge.
DATED this 29th day of March, 2012.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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