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15-174 - Johnson v. Tamarin Lodging, LLC


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15-174 - Johnson v. Tamarin Lodging, LLC
October 7, 2015
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ORDER that the Plaintiff's Motion to Compel (filing 10) is granted and the Nebraska Department of Labors Objection to Subpoena Dues Tecum (filing 13) is overruled. Provided Plaintiff has paid the required search and cost per page fees for the requested records, on or before November 6, 2015, the Nebraska Department of Labor shall produce the documents and items referenced in the Subpoena. The Clerk of Court shall mail a copy of this Order to counsel for the Nebraska Department of Labor. Ordered by Magistrate Judge F.A. Gossett. (Copies mailed as directed) (LAC, )
December 29, 2015
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ORDER that the Motion to Withdraw (filing 24) is granted. Ms. Neary shall immediately serve copies of this Order on Plaintiff and thereafter file proof of service showing compliance with this Order, listing the name and address of the person to whom notice was sent. Ms. Neary will not be relieved of applicable duties to the Court, Plaintiff, and opposing counsel until proof of service is filed. Upon the filing of proof of service pursuant to Paragraph 2 of this Order, Plaintiff will be deemed to be proceeding pro se, that is, without the assistance of counsel, unless substitute counsel has entered a written appearance on her behalf. If substitute counsel has not entered a written appearance, Plaintiff shall file a written notice with the Clerk of the Court of Plaintiff's current address and telephone number within five (5) business days of being served with this Order. Plaintiff may retain substitute counsel at any time. However, until such time as substitute counsel enters a written appearance, Plaintiff shall comply with all orders of this Court, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Failure to comply with these requirements may result in the imposition of sanctions, including payment of costs and attorney's fees and/or the entry of default. Upon Ms. Neary's submission of proof of service as described in Paragraph2 of this Order, the Clerk of Court shall terminate Ms. Neary's appearance ascounsel and cease further notices to her in this matter. Ordered by Magistrate Judge F.A. Gossett. (LAC)
February 17, 2016
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ORDER that Defendant's Motion to Compel Discovery and to Extend Remaining Deadlines (filing 27) is granted. Plaintiff shall respond to Plaintiff's discovery requests no later than March 19, 2016. Depositions shall be completed by June 15, 2016. The Final Pretrial Conference with the undersigned is set for November 21, 2016, at 9:30 a.m., in Courtroom No. 6, 111 South 18th Plaza,Roman L. Hruska, United States Courthouse, Omaha, Nebraska. A jury trial will commence, at the Court's call, during the week of December 20, 2016, in Omaha, Nebraska, before Chief District Court Judge Laurie Smith Camp. All other provisions in the Court's Order Setting Final Schedule for Progression of Case (filing 21) remain unchanged. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at her last known address. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party) (LAC)
May 25, 2016
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ORDER that the motion to withdraw (Filing No. 33) is granted ; Thomas A. Ukinski, Katie S. Thurber, and Justin C. Valencia are deemed withdrawn as counsel for the Nebraska Commissioner of Labor. The clerk of court shall remove their names from CM/ECF. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (LAC)
July 15, 2016
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MEMORANDUM OPINION that the Court finds that defendant's motion should be granted. The Court will grant defendant's motion to dismiss with prejudice. Plaintiff has failed to respond to defendant's discovery requests, timely comply with Magistrate Judge Gossett's March 19, 2016, order, respond to defendant's present motion, and has failed to pursue her claim in any way. Accordingly, defendant's motion to dismiss with prejudice will be granted. Given the actions of the plaintiff, the Court will likewise grant defendant's request that the Court award defendant "its reasonable expenses and attorney's fees incurred in bringing the February 15, 2016, Motion to Compel and the present [m]otion." The Court is without any evidence regarding the amount of defendant's reasonable expenses and attorney's fees. Accordingly, defendant is hereby instructed to submit to the Court a proposal of its reasonable expenses and fees within fourteen days of date of this order. Plaintiff shall thereafter have fourteen days to respond to defendant's proposal in accordance with NECivR 7.1(b)(1)(B). No additional sanctions will be imposed. A separate order will be entered herein in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (LAC)
July 15, 2016
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ORDER AND JUDGMENT that the Defendant's motion to dismiss and for sanctions is granted. Plaintiff's action is dismissed in its entirety with prejudice. Defendant's motion for sanctions is granted. The Court will award defendant its reasonable expenses and attorney's fees incurred in bringing the February 15, 2016, Motion to Compel and the defendant's motion to dismiss and for sanctions. Defendant shall present to the Court a proposal of reasonable expenses and attorney's fees within 14 days of the date of this order. Plaintiff shall have fourteen days to respond to defendant's proposal in accordance with NECivR 71.(b)(1)(B). All other pending motions are denied as moot. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (LAC)