Murph v. Silver Memories
Plaintiff: Tanya Murph
Defendant: Silver Memories
Case Number: 8:2013cv00011
Filed: January 8, 2013
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Pro Se Docket
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: Plaintiff
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Date Filed Document Text
April 1, 2014 Opinion or Order Filing 46 MEMORANDUM AND ORDER - Defendant's motion for summary judgment, Filing No. 33 is granted; plaintiffs motion for summary judgment, Filing No. 36 , is denied. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
November 5, 2013 Opinion or Order Filing 30 ORDER - IT IS ORDERED: Mr. Ashford's motion to withdraw as counsel (Filing No. 25 ) is granted. The Clerk of Court shall terminate Mr. Ashford as counsel for the plaintiff and stop all electronic notices to Mr. Ashford regarding this case. Tanya Murph is hereby considered proceeding pro se and counsel for the defendant may communicate with the plaintiff directly regarding this case until new counsel, if any, enters an appearance on the record. The Clerk of Court shall provide a copy of this order to the plaintiff at: Tanya Murph 4541 Browne Street Omaha, Nebraska 68104 Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
October 21, 2013 Opinion or Order Filing 26 ORDER - Mr. Ashford's motion to withdraw as counsel (Filing No. 25 ) is held in abeyance. The plaintiff shall have to on or before November 4, 2013, to respond to the motion to withdraw by filing a brief with the Clerk of Court. If no respon se is received or if substitute counsel has entered an appearance by that date, the motion to withdraw will be granted. If the motion to withdraw is granted and substitute counsel has not entered an appearance, the plaintiff will be considered pro ceeding pro se. The court will not hold a hearing on October 24, 2013, at 11:00 a.m. as indicated in Mr. Ashford's motion. If necessary, the court will arrange for a hearing at a later date. Moving counsel shall serve a copy of this order on his client and file a certificate of such service with the court, including the plaintiff's last known address. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
October 11, 2013 Opinion or Order Filing 23 ORDER - IT IS ORDERED: The motion for Extension of Deadlines (Filing No. 20 ) is granted only to the extent set forth below. Deposition and discovery deadline. All depositions, whether or not they are intended to be used at trial, shall be comp leted by November 29, 2013. Dispositive Motions. All dispositive motions shall be filed on or before December 16, 2013. The parties must comply with the provisions of NECivR 7.1 and NECivR 56.1 when filing summary judgment motions. Ordered by Magistrate Judge Thomas D. Thalken. (TCL)
June 20, 2013 Opinion or Order Filing 8 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: 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 forms and o ne 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. Upon receipt of the completed forms, the Clerk of the court will sign the summons forms, to be forwarded with a copy of the Complaint and Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summo ns and the Complaint and Amended Complaint without payment of costs or fees. Service may be by certified mail pursuant to Federal Rule of Civil Procedure 4 and Nebraska law in the discretion of the Marshal. The Clerk of the court will copy the Comp laint and Amended Complaint, and Plaintiff does not need to do so. Federal Rule of Civil Procedure 4 requires service of the complaint on a defendant within 120 days of filing the complaint. However, because in this order Plaintiff is informed for the first time of these requirements, Plaintiff is granted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service of process. Plaintiff is hereby notified that failure to obtain servic e of process on a defendant within 120 days of the date of this order may result in dismissal of this matter without further notice as to such defendant. A defendant has 21 days after receipt of the summons to answer or otherwise respond to a compl aint. The Clerk of Court is directed to set a pro se case management deadline in this case with the following text: "October 17, 2013: Check for completion of service of summons." The parties are bound by the Federal Rules of Civil Proced ure and by the Local Rules of this court. Plaintiff shall keep the court informed of her current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
May 16, 2013 Opinion or Order Filing 6 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff shall have 30 days to (1) amend her complaint to allege that she exhausted her administrative remedies with respect to her allegations of retaliation against Silver Memories, and (2) f ile a copy of the right-to-sue notice related to her allegations of retaliation. The court reserves the right to conduct further review of Plaintiff's claims pursuant to 28 U.S.C. § 1915(e)(2) after Plaintiff addresses the matters set fo rth in this Memorandum and Order. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: June 17, 2013: Check for EEOC charge and right-to-sue notice. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
February 20, 2013 Opinion or Order Filing 5 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that leave to proceed in forma pauperis 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)(TCL )
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Plaintiff: Tanya Murph
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