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13-3161 - Wang v. Nebraska Public Power District


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13-3161 - Wang v. Nebraska Public Power District
September 16, 2013
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MEMORANDUM AND ORDER - Leave to proceed in forma pauperis filing 2 is provisionally granted, and the Complaint shall be filed without payment of fees. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
November 7, 2013
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MEMORANDUM AND ORDER - Plaintiff's Title VII claims against Defendant may proceed and service is now warranted. To obtain service of process on Defendant, Plaintiff must complete and return the summons form that the Clerk of the court will provide. The Clerk of the court shall send ONE summons form and ONE USM-285 form to Plaintiff together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the court. In the absence of the forms, service of process cannot occur. The Clerk of the court is directed to set a case management deadline with the following text: March 6, 2014: Check for completion of service of summons. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with summons and form)(GJG)
April 4, 2014
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ORDER - IT IS ORDERED: The plaintiff's request for issuance of a subpoena requiring production of documents from the Nebraska Equal Employment Commission is granted as set forth herein. The Clerk of Court shall mail a copy of this order to the Nebraska Equal Employment Commission, Nebraska State Office Building, PO Box 94934, Lincoln, NE 68509-4934. IT IS FURTHERED ORDERED: On or before May 1, 2014, the Nebraska Equal Employment Commission shall produce copies of all records and recordings from its file related to the plaintiff's charge and amended charge for discrimination, NEB 1-12/13-9-43561-RS, 32E-2012-00701. The Nebraska Equal Employment Commission shall mail of copy of such records to each the plaintiff and the defendant at the following addresses: Nit Wang, 9058 Allison Court, Westminster, CO 80021 and David R. Buntain, Cline, Williams Law Firm, 233 South 13th Street, 1900 US Bank Building, Lincoln, NE 68508-2095. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party and as directed)(TCL )
April 4, 2014
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ORDER - IT IS ORDERED: The defendant's letter motion regarding the place of trial (Filing No. 18) is denied as moot. The plaintiff shall have to on or before April 15, 2014, to file a motion to change the place of trial to Omaha, Nebraska, in accordance with the Civil Rules of the United States District Court for the District of Nebraska (NECivR) 40.1(b). The plaintiff shall file a brief and an affidavit in support of his motion, as appropriate, in accordance with NECivR 7.1(a). The defendant shall have to on or before April 30, 2014, to file a response to the plaintiff's motion. The plaintiff shall have to on or before May 12, 2014, to file a reply, in accordance with NECivR 7.1. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
May 2, 2014
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ORDER - The plaintiff's Motion for Request of the Place for Trial (Filing No. 28) is denied. Trial in this matter will be held in Lincoln, Nebraska. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
September 23, 2014
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ORDER - The defendant's Motion to Quash Subpoena (Filing No. 37) is granted. Ordered by Magistrate Judge Thomas D. Thalken. (Copy e-mailed to pro se party)(GJG) Modified on 9/23/2014 to reflect copy e-mailed rather than mailed (GJG).
October 24, 2014
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ORDER - The plaintiff's Motion to Reverse the Quashed Subpoena (Filing No. 41) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
February 11, 2015
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ORDER - This matter is before the court in relation to the plaintiff's January 26, 2015, notice indicating his request for the court to consider a Nuer interpreter. See Filing No. 51. The court will resolve the issues related to the defendant's February 9, 2015, Motion in Limine to exclude five of the plaintiff's witnesses at the conclusion of briefing for that motion. See Filing No. 52. However, the witnesses who are subject to the motion are witnesses who may need a language interpreter for trial in this matter. Generally, in civil proceedings not initiated by the government, the parties are responsible for securing their own interpreters. 28 U.S.C. § 1827; see Guide to Judicial Policy, Vol. 5, Ch. 2, § 260. The rule is the same for parties represented by counsel and for pro se parties, even those proceeding in forma pauperis. Only under "limited circumstances when no other options are available" is the judiciary allowed to provide interpreter services with a prepayment of the estimated expense or "on a cost-reimbursable basis." 28 U.S.C. § 1827(g)(4); Guide, Vol. 5, Ch. 2, § 265. To the extent the plaintiff's January 26, 2015, notice, indicating his request for the court to consider a Nuer interpreter, constitutes a motion to make a Nuer interpreter available for use at trial without cost to the plaintiff, the motion is denied, without prejudice. The plaintiff fails to show circumstances present authorize the court to provide such services. In any event, if either party seeks to locate or employ a qualified interpreter for trial, the Nebraska Supreme Courts website lists interpreter coordinators for the states judicial branch: https://supremecourt.nebraska.gov/4859/interpreter-project/index.shtml?sub10= Additionally, if either party is otherwise unable to locate a well-qualified court interpreter, either may contact Laura Garca-Hein, JD, LLM, Federal Court Certified Interpreter, at (402) 661-7307, for additional assistance. IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (Copy e-mailed to pro se party)(GJG)
April 3, 2015
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JUDGMENT after jury trial that that the plaintiff take nothing; that the action is dismissed on the merits with prejudice, and that the defendant, Nebraska Public Power District, recover of the plaintiff, Nit Wang, taxable costs of this action, with interest thereon at the rate of.27 percent per annum. Ordered by Deputy Clerk. (CCB)
June 2, 2015
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ORDER granting 73 Motion for Leave to Appeal in forma pauperis. IT IS FURTHER ORDERED: Wang's application does not pertain to costs of preparing appeal transcripts. Mr. Wang must contact the court reporter Rogene Schroder at [email protected] to make arrangement for the preparation and payment of the transcript. Ordered by Senior Judge Joseph F. Bataillon. (Copy e-mailed to pro se party)(ADB)
February 9, 2017
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ORDER that Counsel for the defendant notified the court on February 8, 2017 that they wish the following exhibits held by the court in this matter to be destroyed. Defendant's Trial Exhibits, Jury Trial held March 30-31, 2015 and April 1, 2015. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the above- listed exhibits 14 days from the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)