Perez v. McFarland
Plaintiff: Thomas E. Perez
Defendant: Bryan A. McFarland
Case Number: 4:2016cv03066
Filed: April 25, 2016
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Thomas D. Thalken
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: None
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Date Filed Document Text
May 2, 2017 Opinion or Order Filing 26 ORDER OF DISMISSAL that this Court having considered the Voluntary Dismissal filed by Petitioner (Filing No. 25 ): IT IS HEREBY ORDERED that Petitioner's above-captioned subpoena enforcement matter be and hereby is dismissed. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)
April 24, 2017 Opinion or Order Filing 24 SHOW CAUSE ORDER that by or before May 8, 2017, Plaintiff shall show cause why this action should not be dismissed. Failure to respond to this Show Cause Order will result in a recommendation to Senior United States District Court Judge Joseph F. Bataillon that this action be dismissed. The Clerk of Court is directed to mail a copy of this order to Defendant at his address of record. The Clerk of Court is further directed to set a case management deadline in this case using the following text: "May 8, 2017: Show Cause Deadline." Ordered by Magistrate Judge Susan M. Bazis. (Copies mailed as directed) (LAC)
April 13, 2017 Opinion or Order Filing 22 ORDER that by April 27, 2017, the parties shall file a proposal on how to progress this case. The clerk of court is directed to mail a copy of this Order to Defendant at his last known address. Ordered by Magistrate Judge Susan M. Bazis. (Copies mailed as directed) (LAC)
August 23, 2016 Opinion or Order Filing 13 ORDER that Respondent Bryan A. McFarland shall comply with the subpoena issued by Karen Chaikin, Regional Administrator, Wage and Hour Division, dated December 14, 2015, and hereinafter described. On Wednesday, September 14, 2016, at 10:00 a.m. at th e United States Robert V. Denney Federal Building, 100 Centennial Mall North, #273, Lincoln, Nebraska 68508, Respondent shall appear and testify before Wesley D. Hays, Wage Hour Investigator, and produce the records, papers and documents set forth in the subpoena. Respondent shall deliver the following documents along with a representation listing the documents produced. If documents of the type requested do not exist, or are not in Respondents possession or control, Respondent shall so state in his representation. The Secretary has requested the following documents for the 3-year period immediately preceding service of the subpoena, unless otherwise specified. IT IS FURTHER ORDERED the Motion to Compel (Filing No. 1 ) is granted. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)
July 25, 2016 Opinion or Order Filing 9 ORDER TO SHOW CAUSE - Bryan A. McFarland shall appear and SHOW CAUSE why he should not be ordered by this Court to comply with the subpoena duces tecum issued to him by the Regional Administrator, Wage and Hour Division, U.S. Department of Labor. If he has not already done so, Bryan A. McFarland shall immediately, but in any event ten days prior to the scheduled hearing, serve and file with the clerk of this Court, a response to the Petition, specifically admitting or denying each allegati on of the Petition, and setting forth any cause why the Petition should not be granted. Bryan A. McFarland shall appear before the undersigned magistrate judge in the District Court of the United States for the District of Nebraska, in Courtroom N o. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, on the 29th day of August 22, 2016, at 9:30 a.m., to show cause why Bryan A. McFarland should not be compelled to comply with the summons served o n him on December 14, 2015, by the U.S. Department of Labor. The Secretary shall serve a copy of this Order on Bryan A. McFarland, forthwith, and file proof of service with the Clerk of the Court. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
April 26, 2016 Opinion or Order Filing 3 ORDER - Bryan A. McFarland shall appear and SHOW CAUSE why he should not be ordered by this Court to comply with the subpoena duces tecum issued to him by the Regional Administrator, Wage and Hour Division, U.S. Department of Labor. Bryan A. McFa rland shall serve and file with the clerk of this Court, no later than June 10, 2016, a response to the Petition, specifically admitting or denying each allegation of the Petition, and setting forth any cause why the Petition should not be granted . Show Cause Hearing set for 6/29/2016 09:00 AM in Courtroom 7, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Thomas D. Thalken. An Investigator from the Wage and Hour Division, U.S. Department of Labor , shall serve copies of this Order to Show Cause and the Petition and supporting documents on Bryan A. McFarland, within thirty (30) days of the date of this Order and file proof of service with the Clerk of the Court within five (5) business days after such service. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to defendant)(MKR)
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Defendant: Bryan A. McFarland
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Plaintiff: Thomas E. Perez
Represented By: Dana M. Hague
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