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17-369 - Nebraska Data Centers, LLC et al v. Khayet et al


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17-369 - Nebraska Data Centers, LLC et al v. Khayet et al
November 21, 2017
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ORDER - Defendant's pro se motion to compel Robert W. Futhey and the Fraser, Stryker Law Firm to produce discovery showing they are actually authorized to represent Plaintiff in this litigation, (Filing No. 19), is denied. Defendant's motion to file his evidence as restricted access documents, (Filing No. 20), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
December 5, 2017
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MEMORANDUM AND ORDER that the Motion to Restrict Pursuant to the E-Government Act, ECF No. 23, submitted by Plaintiff Nebraska Data Centers, LLC, is granted; The filings at ECF No. 21 and 22 shall be restricted pursuant to the E-Government Act; The Motion with Regard to Scheduling of Evidentiary Hearing on Preliminary Injunction, ECF No. 29, submitted by Defendant Leo Khayet is denied, and the hearing remains scheduled for December 7, 2017, at 1:00, as described in ECF No. 28; and The Request for Continuance, ECF No. 30, submitted by Defendant Leo Khayet, is denied as moot, consistent with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (ADB)
December 27, 2017
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ORDER - Defendant Leo Khayet is precluded from contacting the principals of Plaintiff Nebraska Data Centers, LLC, including the trustees of the Ralph Edwards Trust and their immediate family members, and any vendors, clients, or customers of Nebraska Data Centers, LLC. Defendant Leo Khayet is precluded from contacting the employees and officers of Nebraska Data Centers, LLC. Defendant Leo Khayet may communicate with the parties listed in Appendix A of the Consulting Agreement, ECF No. 2, Page ID 9, but is precluded from contacting any other persons or entities for the purpose of transacting any business or potential business related to Plaintiff Nebraska Data Centers, LLC. Ordered by Chief Judge Laurie Smith Camp. (Copy e-mailed to pro se party) (KLF)
January 26, 2018
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MEMORANDUM AND ORDER - The Motion for Preliminary Injunction, ECF No. 21, filed by Plaintiff Nebraska Data Centers, LLC (NDC), is granted, in part. Pursuant to Federal Rule of Civil Procedure 65(c), NDC will post a bond in the amount of $100. The Motion to Enjoin, ECF No. 69, filed by Plaintiff NDC, is granted. Defendant Leo Khayet is enjoined from prosecuting the lawsuit he filed against Todd Cushing in the United States District Court for the District of Kansas titled Khayet v. Cushing, 2:17cv2624 (D. Kan. October 26, 2017). The Motion to Strike, ECF No. 66, filed by Defendant Leo Khayet, is granted. The Motion for Leave, ECF No. 65, filed by Defendant Leo Khayet, is stricken. The Motion for Leave, ECF No. 67, filed by Defendant Leo Khayet, is denied. The Clerk will terminate the Motion to Dismiss pending at ECF No. 68. The Motion for Clarification and Written Explanation of Order, ECF No. 72, is denied. Any response by Defendant Leo Khayet to NDC's Amended Complaint must be filed on or before February 2, 2018. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(LKO)
April 24, 2018
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MEMORANDUM AND ORDER denying 82 Motion to Disqualify; denying 93 Motion to Initiate Disciplinary Proceedings; denying 95 Motion to Show Cause; denying as moot 105 Motion to Strike; denying 115 Motion to Extend; granting 116 Motion to Strike; denying as moot 117 Motion to Strike; denying 119 Motion to Compel Preservation of Documents; denying 125 Motion for a Status Conference; denying 126 Motion for a Scheduling Conference; denying 127 Motion for Case Management Conference; granting 131 Motion to Strike; granting 134 Motion to Strike; granting 137 Motion to Restrict pursuant to the E-Government Act; and granting 139 Motion to Strike. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 2, 2018
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ORDER - Defendant Khayet is prohibited from initiating any direct contact with my chambers, whether by email, telephone, or in person. Any violation of this order will subject Defendant to sanctions. If Defendant Khayet is requesting specific relief from the court: a. The subject of the request must concern the progression, discovery, and/or merits of the above-captioned case, and b. The request must be made by motion in accordance with the court's local rules, and filed of record on the court's electronic docket using CM/ECF. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
May 10, 2018
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ORDER denying 151 Motion for Reconsideration. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 10, 2018
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MEMORANDUM AND ORDER - The Motion to Dismiss, ECF No. 78, filed by Defendant Leo Khayet, is granted, in part, as follows: a. Plaintiff Nebraska Data Centers, LLC's, claims under Nebraska law against Defendant Leo Khayet for breach of the Confidentiality Agreement, unfair competition, and common-law trademark infringement are dismissed, with prejudice; b. Plaintiff Nebraska Data Centers, LLC's, claims under Nebraska law for fraudulent misrepresentation, negligent misrepresentation, and a violation of § 59-805 of the Junkin Act are dismissed, without prejudice. The Motion is otherwise denied. Plaintiff Nebraska Data Centers may, but is not required to, amend its Amended Complaint in accordance with this Memorandum and Order on or before May 25, 2018. If NDC does not file a second amended complaint, Defendant Leo Khayet must file an answer to the Amended Complaint on or before June 4, 2018. The Motion for Sanctions, ECF No. 94, filed by Plaintiff Nebraska Data Centers, LLC, is denied, without prejudice and subject to reassertion. The Motion to Strike Order, ECF No. 143, and the Objection to Order, ECF No. 147, filed by Defendant Leo Khayet, are denied. Ordered by Chief Judge Laurie Smith Camp. (KLF)
May 14, 2018
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ORDER - Defendant's motion to strike, (Filing No. 155), is granted and his motion for reconsideration, (Filing No. 154), is stricken. Defendant's motion for reconsideration and for recusal, (Filing No. 156), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
June 11, 2018
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ORDER that the deadline for Defendants to answer or otherwise respond to Plaintiffs' Second Amended Complaint (Filing No. 166) is June 15, 2018. The clerk shall set a case management deadline for June 18, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
June 14, 2018
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ORDER TO SHOW CAUSE: A Show Cause hearing is set for 6/19/2018 at 3:00 PM by Telephone before Magistrate Judge Cheryl R. Zwart. Any documents supporting Defendant Khayet's show cause filing shall be electronically docketed in this case on or before 5:00 p.m. on June 18, 2018.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
June 25, 2018
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FINDINGS AND RECOMMENDATION AND ORDER - IT IS RECOMMENDED to the Honorable Laurie Smith Camp, United States District Judge, pursuant to 28 U.S.C. § 636(b), that: A default judgment be entered against Defendants without further notice as follows. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed)(SLP)
July 10, 2018
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MEMORANDUM AND ORDER: The Findings and Recommendation issued by Magistrate Judge Cheryl R. Zwart, ECF No. 195, are modified in accordance with this Memorandum and Order; Defendants Leo Khayet and Timber Ventures, LLC, must file an answer to the Second Amended Complaint on or before July 17, 2018; and The Clerk of Court shall mail a copy of this Memorandum and Order to Defendants Leo Khayet and Timber Ventures, LLC, at their last known addresses. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed as directed)(ADB)
September 5, 2018
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MEMORANDUM AND ORDER - Defendant Timber Ventures, LLC, is dismissed from this action. The Motion for Default Judgment, ECF No. 206, and Motion for Attorney Fees, ECF No. 229, filed by Plaintiffs Nebraska Data Centers, LLC, and American Nebraska Limited Partnership, are granted as follows: a. Pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201(a), the Court declares: i. Defendant Leo Khayet is entitled to no compensation nor any other form of payment under the Consulting Agreement contract; ii. Plaintiff Nebraska Data Centers, LLC, complied with the terms and conditions of the Consulting Agreement contract and did not breach the Consulting Agreement contract; iii. Plaintiff Nebraska Data Centers, LLC, terminated the Consultined to defaulted defendant Timber Ventures, LLC and Attorney Neil P. Hassler) (KLF)g Agreement contract on October 4, 2017, except with respect to any surviving terms and conditions; b. Pursuant to the Nebraska Uniform Deceptive Trade Practices Act, Neb. Rev. Stat. § 87-303, Defendant Leo Khayet is permanently enjoined from engaging in the following conduct: i. Representing or holding himself out, in any way, as an agent or person otherwise authorized to transact business on behalf of Plaintiff Nebraska Data Centers, LLC; Plaintiff American Nebraska Limited Partnership; or any of the foregoing Plaintiffs' owners, principals, members, trustees, affiliates, or subsidiaries; ii. Initiating any contact or communication with the employees or officers, including their immediate family members, of the following: Plaintiff Nebraska Data Centers, LLC; Plaintiff American Nebraska Limited Partnership; or any of the foregoing Plaintiffs' owners, principals, members, trustees, affiliates, or subsidiaries. c. Plaintiffs Nebraska Data Centers, LLC, and American Nebraska Limited Partnership are jointly awarded, and Defendant Leo Khayet is liable for, Plaintiffs' attorney fees in the amount of $103,604.00. The Motion for Sanctions, ECF No. 227, filed by Plaintiffs Nebraska Data Centers, LLC, and American Nebraska Limited Partnership, is granted. The case titled Khayet v. Cushing, Case No. 8:18cv330, will be dismissed, with prejudice. A separate order of dismissal will be issued, and a separate judgment will be entered, in Case No. 8:18cv330. The Motion for Emergency Stay, ECF No. 247, filed by Defendant Leo Khayet, is denied. The Clerk shall restrict public access to ECF Nos. 243 and 244. A separate judgment will be entered. Ordered by Chief Judge Laurie Smith Camp. (Copy mail
October 4, 2018
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MEMORANDUM AND ORDER - The Motion to Consolidate Cases and to Proceed In Forma Pauperis on Appeal, ECF No. 264, is granted, in part, as follows: a. Defendant Leo Khayet's request to proceed in forma pauperis on appeal is granted; and b. Defendant Leo Khayet's request that the above-captioned action and Case No. 8:18cv330 be consolidated for purposes of appeal is denied. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed to defaulted defendant Timber Ventures, LLC and Attorney Neil P. Hassler) (KLF)
November 7, 2018
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MEMORANDUM AND ORDER - The Motion for Reconsideration, ECF No. 272, filed by Defendant Leo Khayet, is denied. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (KLF)