Powley v. Railcrew Xpress, LLC
| Leah M Powley and Leah M. Powley |
| Railcrew Xpress, LLC |
| 4:2019cv03058 |
| June 18, 2019 |
| US District Court for the District of Nebraska |
| Richard G Kopf |
| Cheryl R Zwart |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| Plaintiff |
Docket Report
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| Filing 64 MANDATE from USCA - 8th Circuit (21-1131) In accordance with the opinion and judgment of 02/15/2022, and the court's order dated 03/14/2022, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (LKO) |
| Filing 63 COPY of Order from USCA - 8th Circuit (21-1131) Appellee shall recover from the Appellant the sum of $182.62 (One hundred and eighty-two dollars and sixty-two cents) as taxable costs on appeal. (LKO) |
| Filing 62 JUDGMENT from USCA - 8th Circuit (21-1131) This appeal from the United States District Court was submitted on the record of the district court and briefs of the parties. After consideration, it is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. (LKO) |
| Filing 61 COPY of Opinion of USCA - 8th Circuit, Appellate Docket Number 21-1131, regarding Notice of Appeal to USCA #55 . (Attachments: #1 Counsel Opinion Letter, #2 Letter to Publishing) (LKO) |
| Filing 60 SCHEDULING LETTER from USCA - 8th Circuit (21-1131) as to Notice of Appeal to USCA #55 . (LKO) |
| Filing 59 Letter by Clerk of USCA - 8th Circuit (21-1131) regarding Notice of Appeal to USCA #55 . (LKO) |
| Filing 58 LETTER by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 57 Letter by Clerk of USCA - 8th Circuit (21-1131) regarding Notice of Appeal to USCA #55 . (LKO) |
| Filing 56 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA #55 , Memorandum and Order #53 , and Judgment #54 . Notice of Appeal filed on 1/19/21 by Plaintiff Leah M. Powley. (LKO) |
| Filing 55 NOTICE OF APPEAL regarding Judgment,, #54 , Memorandum and Order, Terminate Motion and R&R Deadlines/Hearings #53 by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley. Filing fee $ 505, receipt number ANEDC-4319471. (Rehm, Jonathan) |
Filing 54
JUDGMENT - Judgment is entered in favor of Defendant, Railcrew Xpress, LLC, and against Plaintiff Leah M. Powley, providing that Plaintiff shall take nothing and Plaintiff's complaint is dismissed with prejudice, with costs to be taxed against Plaintiff in accordance with Fed. R. Civ. P. 54(d). Upon taxation by the clerk, the amount of costs allowable to Defendant shall be included in this judgment without further action by the court. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing 53
MEMORANDUM AND ORDER - Railcrew Xpress' motion for summary judgment (Filing No. #43 ) is granted. Powley's complaint is dismissed. A separate judgment will be entered. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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| Filing 52 Certificate of Compliance Pursuant to NECivR 7.1(d)(3) by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC.(DeVeney, Jeannie) |
| Filing 51 REPLY BRIEF in support of MOTION for Summary Judgment #43 by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC.(DeVeney, Jeannie) |
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Filing 50
TEXT ORDER granting #49 Defendant's Unopposed Motion to Extend the deadline to file a reply brief as to MOTION for Summary Judgment #43 . The deadline is extended to November 2, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 49 UNOPPOSED MOTION to Extend time to file Defendant's Reply to Plaintiff's Response to Statement of Facts by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC.(DeVeney, Jeannie) Modified on 10/20/2020 to correct event type(CEW). |
| Filing 48 REPLY BRIEF in opposition to Defendant's Motion for Summary Judgment by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley. (Attachments: #1 Exhibit Plf's Index List, #2 Exhibit Plf's EX 39 - Saunders County Medical Center records, #3 Exhibit Plf's EX 40 - Michelle Thayer depo, #4 Exhibit Plf's EX 41 - Shalomi Meier depo, #5 Exhibit Plf's EX 42 - Depo of Leah Powley-Peters)(Rehm, Jonathan) |
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Filing 47
TEXT ORDER granting #46 Plaintiff's Unopposed Motion to Extend the deadline to respond to Defendant's MOTION for Summary Judgment #43 . Plaintiff's response is now due October 16, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 46 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) Modified on 10/6/2020 to correct Event Type - Motion to Extend (CEW). |
| Filing 45 INDEX in support of MOTION for Summary Judgment #43 by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36)(DeVeney, Jeannie) |
| Filing 44 BRIEF in support of MOTION for Summary Judgment #43 by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC.(DeVeney, Jeannie) |
| Filing 43 MOTION for Summary Judgment by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC.(DeVeney, Jeannie) |
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Filing 42
TEXT ORDER: After conferring with counsel, the summary judgment deadline is extended to September 18, 2020.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 41 Certificate regarding Notice to Take Deposition #40 of of Amy Armstrong by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 40 NOTICE to Take Deposition of Amy Armstrong Amended by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley (Rehm, Jonathan) |
| Filing 39 RETURN of service of Shalomi Meier on 06/22/2020 upon Shalomi Meier c/o Jeannie DeVeney by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 38 Certificate regarding Notice to Take Deposition #37 Amy Armstrong by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 37 NOTICE to Take Deposition of Amy Armstrong by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley (Rehm, Jonathan) |
| Filing 36 Certificate regarding Notice to Take Deposition #35 of Susan Eitzen by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 35 NOTICE to Take Deposition of Susan Eitzen by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley (Rehm, Jonathan) |
| Filing 34 Certificate regarding Notice to Take Deposition #33 of Michelle Thayer by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 33 NOTICE to Take Deposition of Michelle Thayer by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley (Rehm, Jonathan) |
| Filing 32 Certificate regarding Notice to Take Deposition #31 of Shalomi Meier by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 31 NOTICE to Take Deposition of Shalomi Meier by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley (Rehm, Jonathan) |
| Filing 30 Certificate regarding Notice to Take Deposition #29 by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 29 NOTICE to Take Deposition of Michelle Thayer by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley (Rehm, Jonathan) |
| Filing 28 Certificate regarding Notice to Take Deposition #27 by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 27 NOTICE to Take Deposition of Shalomey Meyer by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley (Rehm, Jonathan) |
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Filing 26
ORDER - IT IS ORDERED: The deposition deadline is extended to July 31, 2020. The dispositive motion deadline is extended to August 31, 2020. The trial and pretrial conference settings are vacated. All other case progression deadlines are unchanged. A telephonic hearing will be held on August 14, 2020 at 9:00 a.m. to discuss the parties' interest in settlement, any anticipated dispositive motion practice, and the trial and pretrial conference settings. The parties shall use the conferencing information assigned to this case to participate in the hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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| Filing 25 Certificate of Service of Defendant's Supplemental Rule 26 Disclosures by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC.(DeVeney, Jeannie) |
| Filing 24 NOTICE of Intent to Serve Subpoena by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC (Attachments: #1 Exhibit A)(DeVeney, Jeannie) |
| Filing 23 NOTICE to Take Deposition of Plaintiff by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC (DeVeney, Jeannie) |
| Filing 22 Certificate Certificate of Service of Defendant's Responses & Objections to Plaintiff's First Interrogatories and Requests for Production by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC.(DeVeney, Jeannie) |
| Filing 21 Certificate of Service by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 20 Certificate of Service by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 19 Certificate regarding DISCLOSURE #18 by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley.(Rehm, Jonathan) |
| Filing 18 DISCLOSURE Initial Rule 26 by Attorney Jonathan V. Rehm on behalf of Plaintiff Leah M. Powley. (Attachments: #1 Appendix Exhibit List, #2 Appendix Witness List)(Rehm, Jonathan) |
| Filing 17 Certificate of Service by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC.(DeVeney, Jeannie) |
| Filing 16 NOTICE of Service of Defendant's Initial Rule 26 Disclosures by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC (DeVeney, Jeannie) |
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Filing 15
FINAL PROGRESSION ORDER - Depositions due May 29, 2020. Jury Trial set for 10/19/2020 at 09:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Pretrial Conference set for 10/6/2020 at 10:00 AM Internet/Telephonic Conferencing before Magistrate Judge Cheryl R. Zwart. Telephone Conference set for 5/12/2020 at 10:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart.Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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| Filing 14 TEXT ORDER: The parties voluntarily consent to reassignment to the referral magistrate judge. Pursuant to NEGenR.1.4(a)(3)(C)(i). Case reassigned to Magistrate Judge Cheryl R. Zwart. Ordered by Deputy Clerk. (KLF) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC.(DeVeney, Jeannie) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Jeannie M. DeVeney on behalf of Defendant Railcrew Xpress, LLC.(DeVeney, Jeannie) |
| Filing 11 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Railcrew Xpress, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (CS) |
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Filing 10
CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing 9
SCHEDULING ORDER - Rule 26 Meeting Report Deadline set for 8/15/2019. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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| Filing 8 ANSWER to Complaint by Railcrew Xpress, LLC (DeVeney, Jeannie) |
| Filing 7 TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Summons Returned Executed #6 is stricken for the following reason: the document is a duplicate of document number #5 . Ordered by Deputy Clerk. (LKO) |
| Filing 6 *STRICKEN* SUMMONS Returned Executed upon defendant Leah M. Powley. (Rehm, Jonathan) Modified on 6/24/2019 to strike per strike order (LKO). |
| Filing 5 SUMMONS Returned Executed upon defendant Railcrew Xpress, LLC on 6/21/2019. (Rehm, Jonathan) Modified on 6/24/2019to reflect correct party served per attorney (LKO). Modified on 6/25/2019 to correct date of service (CS). |
| Filing 4 Summons Issued as to defendant Railcrew Xpress, LLC. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LKO) |
| Filing 3 Summons Requested as to regarding Complaint #1 . (Rehm, Jonathan) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Richard G. Kopf and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO) |
| Filing 1 COMPLAINT with jury demand against Railcrew Xpress, LLC ( Filing fee $ 400, receipt number ANEDC-3961298), by Attorney Jonathan V. Rehm on behalf of Leah M Powley(Rehm, Jonathan) |
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