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04-199 - Glass, et al v. Rent-A-Center


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04-199 - Glass, et al v. Rent-A-Center
April 27, 2005
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ORDER sustaining 74 Joint Motion for Protective Order. Signed by Judge Thomas D. Thalken on 4/27/2005. (JAE, )
May 3, 2005
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ORDER granting defendant's Motion to Strike 77 the stipulation (filing 76). The clerk of the court shall strike from the court record the Stipulation 76. Signed by Magistrate Judge Thomas D. Thalken on 5/3/2005. (KBJ)
May 10, 2005
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ORDER granting 79 Motion to Consolidate Cases. The parties' Joint Motion to Consolidate (Filing No. 70, in case 8:03CV80 and Filing No. 79, in case number 8:04CV199) is granted. Case No. 8:03CV80 and Case No. 8:04CV199 are hereby consolidated for all purposes. All motions, notices and filings shall be filed in both cases. Generally, a treating physician shall not be deemed to be "retained or specially employed to provide expert testimony in a case" within the meaning of Fed. R. Civ. P. 26(a)(2)(B), but a treating physician must beidentified pursuant to Fed. R. Civ. P. 26(a)(2)(A). IT IS FURTHER ORDERED:The deposition deadline is set for August 31, 2005; The Final Pretrial Conference is set for 11/18/05 at 1:30pm before the undersigned in chambers; and Trial is set for 12/12/05 at 8:30am before Judge Bataillon and a jury. Signed by Magistrate Judge Thomas D. Thalken on 5/10/2005. (KBJ)
May 16, 2005
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ORDER that the defendant's motion to compel (Filing No. 64 in 8:03cv80) is granted in part and deniedin part. The defendant's motion is granted regarding Interrogatory No. 1 and the plaintiff'sRule 26(a)(1) initial disclosures. The defendant's motion is denied with regard to the otherdiscovery sought. The plaintiff shall have to on or before June 3, 2005, to supplement his Rule26(a) disclosures and response to Interrogatory No. 1. The plaintiff shall have to on or before June 3, 2005, to show cause why thedefendant should not be awarded reasonable costs and attorney?s fees incurred in bringingthis motion to compel, in accordance with Fed. R. Civ. P. 37(a)(4)(A). Signed by Magistrate Judge Thomas D. Thalken on 5/16/2005. (ADB)
June 27, 2005
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ORDER that the defendant is awarded one-half of its reasonable costs and attorney's fees in bringing the motion to compel, (filing number 64 in case number 8:03CV80). Counsel for the parties shall confer on a reasonable amount to be awarded and, if there is agreement, shall file on or before July 12, 2005, a stipulation of the costs and fees to be awarded. In the event the parties fail to reach an agreement, the defendantmay file on or before July 12, 2005, an application for the award of the costs and fees accompanied by an affidavit of such costs and fees, pursuant to NECivR 54.3 and 54.4. The plaintiff, Frank Mensah, shall have until on or before July 26, 2005, to respond to the defendant's application. Thereafter, the issue of costs and sanctions will be deemed submitted and a written order entered.Pursuant to NECivR 72.2 any appeal of this Order shall be filed with the Clerk within 10 days after being served with a copy of this Order. Signed by Magistrate Judge Thomas D. Thalken on 6/27/2005. (JAE, )
July 12, 2005
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ORDER granting 101 Motion to Extend. Counsel for the parties shall confer on a reasonable amount to be awardedand, if there is agreement, shall file on or before July 22, 2005, a stipulation of the costsand fees to be awarded. In the event the parties fail to reach an agreement, the defendantmay file on or before July 22, 2005, an application for the award of the costs and feesaccompanied by an affidavit of such costs and fees, pursuant to NECivR 54.3 and 54.4.The plaintiff, Frank Mensah, shall have until on or before August 5, 2005, to respond tothe defendant's application. Thereafter, the issue of costs and sanctions will be deemedsubmitted and a written order entered. Signed by Magistrate Judge Thomas D. Thalken on 7/12/2005. (ADB)
August 1, 2005
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ORDER granting 111 Motion to Extend the time to file pretrial non-expert witness disclosures. Signed by Magistrate Judge Thomas D. Thalken on 8/1/2005. (ADB)
August 10, 2005
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ORDER - This matter is before the Court on the defendant's Motions to Strike 110 (in case 8:03CV80) and 124(in case number 8:04CV199). The defendant's motions are granted. Document 108 in Case No. 8:03CV80 and Document No. 122 in Case No. 8:04CV199, are stricken as the documents were inadvertently filed in error. The Clerk of Court shall strike said documents from the record. Signed by Magistrate Judge Thomas D. Thalken on 8/10/2005.(KBJ)
August 22, 2005
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ORDER that a telephone conference with the undersigned magistrate judge will be held on August24, 2005, at 3:15 p.m. Central Standard Time for the purpose of reviewing the pendingmotion to Quash or for Protective Order(Filing No. 118 in case no. 8:03cv80). Counsel for plaintiff Frank Mensah shall initiate the telephone conference. Signed by Magistrate Judge Thomas D. Thalken on 8/22/2005. (ADB, )
August 24, 2005
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ORDER denying Motion for Protective Order (Filing No. 118-8:03CV80), denying Motion to Quash (Filing No. 118-8:03CV80) filed in related/consolidated case 8:03CV80. Signed by Magistrate Judge Thomas D. Thalken on 8/24/2005. (PAV, )
September 8, 2005
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MEMORANDUM AND ORDER that the court grants the defendant's Motion for Judgment on the Pleadings regarding the Title VII claims of John. Defendant's Motion for Partial Judgment on the pleadings 53 is granted. Signed by Judge Joseph F. Bataillon on 9/8/2005. (JAE, )
September 8, 2005
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ORDER - The defendant's Motions to Strike (Filing 136, in case 8:03CV80 and Filing146, in case number 8:04CV199) are granted.2. The Clerk of Court shall strike Document 135 in Case No. 8:03CV80 andDocument No. 145 in Case No. 8:04CV199. Signed by Magistrate Judge Thomas D. Thalken on 9/8/2005. (TJS)
September 14, 2005
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ORDER granting in part and denying in part the plaintiffs' 144 Motions for an Extension of Time as set forth in this order. Signed by Magistrate Judge Thomas D. Thalken on 9/14/2005. (PCV, )
September 19, 2005
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ORDER granting 152 Motion to Extend. Signed by Magistrate Judge Thomas D. Thalken on 9/19/2005. (ADB)
September 26, 2005
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ORDER granting 156 Defendant's Motion to Extend Time until 10/10/2005 to file reply brief regarding 112&116 Defendant's Motions for Summary Judgment. Signed by Judge Joseph F. Bataillon on 9/26/2005. (SMS, )
October 28, 2005
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ORDER granting 107 Motion for Attorney Fees to the extent thedefendant is awarded reasonable attorney's fees of $3349.00. The plaintiff shall pay reasonable attorney's fees to the defendant incurred inregard to the defendant's motion to compel in the amount of $3349.00. The Clerk shall, at the time of entry of judgment in this case, make this awarda part of the judgment entered, unless before that time the parties certify that the amountawarded has been paid satisfied. Signed by Magistrate Judge Thomas D. Thalken on 10/28/2005. (ADB )
November 21, 2005
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ORDER that the motion for leave to withdraw of counsel John Albin and Thomas Ukinksi andthe Nebraska Workforce Development, Department of Labor, party-in-interest (Filing No. 160,in case number 8:03CV80) is granted. The Clerk of Court shall stop all electronic notices to John Albin and ThomasUkinksi and the Nebraska Workforce Development, Department of Labor, party-in-interestregarding this case. Signed by Magistrate Judge Thomas D. Thalken on 11/21/2005. (ADB)
January 23, 2006
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ORDER that the parties shall file a joint stipulation for dismissal (or other dispositivestipulation) with the clerk of the court which will fully dispose of the above cases andprovide a copy to the undersigned judge on or before February 10, 2006. All pending motions are denied as moot. The pretrial conference and trial previously scheduled are canceled upon therepresentation that the cases are settled. Signed by Judge Joseph F. Bataillon on 1/23/2006. (ADB)
February 17, 2006
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ORDER - The matter before the court is the plaintiffs' unopposed motion to dismiss 177. The court finds that this case should be dismissed with prejudice; and the parties shall be responsible for their own costs and attorney fees. Signed by Judge Joseph F. Bataillon on 2/17/2006. (KBJ)