Buck's, Inc. v. QuikTrip Corporation

Filing 103

ORDER setting post-trial briefing schedule. Ordered by Judge John M. Gerrard. (CCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BUCK'S, INC., A NEBRASKA
CORPORATION,
8:15-CV-340
Plaintiff and
Counterclaim
Defendant,
vs.

ORDER

QUIKTRIP CORPORATION, AN
OKLAHOMA CORPORATION,
Defendant and
Counterclaimant.
This matter is before the Court on its own motion, regarding issues
submitted to the Court for disposition and post-trial motions (if any).
Pursuant to the parties' pleadings and the pretrial order, some of the
parties' claims were to be decided by the Court, rather than the jury. See
filing 78 at 2. The Court is uncertain to what extent the parties intend to
pursue those claims in light of the trial proceedings and jury verdict. The
Court is also uncertain whether the parties intend to file post-trial motions
pursuant to Fed. R. Civ. P. 50 or Fed. R. Civ. P. 59 or, if so, whether they
intend to do so after judgment is entered, or whether they would prefer
motions relating to the jury's verdict to be addressed by the Court before
entry of final judgment.
Accordingly, the parties may (but are not required to) file post-trial
briefs in support of any claims tried to the Court on which they believe
judgment in their favor is warranted. The parties are advised that any issues
for the Court that are not asserted in a post-trial brief will be considered
abandoned, and that in the absence of any post-trial motions or briefing, the
Court will enter judgment on the jury verdict.
IT IS ORDERED:
1.

Renewed Rule 50 motions and Rule 59 motions (if any) to
be decided before entry of judgment shall be filed on or
before February 24, 2017.

2.

Post-trial briefs in support of the parties' remaining claims
(which are not required) may be filed on or before February
24, 2017.

3.

The parties may respond to one another's post-trial briefs
(if any) on or before March 10, 2017.

4.

In the absence of any timely post-trial motions or briefing,
the Court may enter judgment on the jury's verdict without
further notice.

5.

The Clerk of the Court is directed to enter a case
management deadline for February 24, 2017, with the
following docket text: check for post-trial motions or
briefing and entry of judgment.

Dated this 10th day of February, 2017.
BY THE COURT:

John M. Gerrard
United States District Judge

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