Neil Kitzler v. Nelnet Servicing, LLC et al
| Neil Kitzler |
| Nelnet Servicing, LLC and Does 1 to 10, inclusive |
| 4:2022cv03241 |
| November 3, 2022 |
| US District Court for the District of Nebraska |
| John M Gerrard |
| Cheryl R Zwart |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.
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Filing 31
ORDER ORDER that except as to 4:22CV3191, 4:22CV3204, and 4:22CV3259, Plaintiffs in all other related cases shall file any motions to consolidate and for appointment of lead counsel in their respective cases on or before January 3, 2023. As to all motions to consolidate and for appointment of lead counsel filed, Defendant Nelnet Servicing, LLC and any Plaintiffs counsel opposing motions filed by other Plaintiffs counsel shall file their responses no later than January 17, 2023. Counsel for the parties shall set aside time for a hearing on the motion(s) to consolidate and for appointment of lead counsel, the hearing to be held by videoconference before the undersigned magistrate judge on January 31, 2023, at 9:00 a.m. At the time of the conference, counsel must be connected to the videoconference using the connection information in Attachment 4. As to all related cases, the deadline for Defendant(s) answer or response to Plaintiffs Complaints is continued pending further order of the court. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4 - RESTRICTED, #5 Attachment 5). Ordered by Magistrate Judge Cheryl R. Zwart. (JLS)
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| Filing 30 TEXT ORDER regarding Pro Hac Vice admission fee regarding filing #22 , which was filed by the incorrect attorney and has been corrected. The filing fee in the amount of $100.00 is refunded to the payor, James Monagle, receipt number ANEDC-4761186. Further, receipt numbers ANEDC-4761193 and ANEDC-4761197 did not post to the case and were both refunded in the amount of $100.00 each. Ordered by Deputy Clerk. (JLS) |
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Filing 29
ORDER TO SHOW CAUSE On or before December 23, 2022, Attorneys Kiley Lynn Grombacher, Lirit Ariella King, and Marcus Bradley must register for admission in this court and register for the System or show cause by written affidavit why compliance is not possible as required under the rules of the court. The Clerk shall email a copy of this order to the following recipients: Kiley Lynn Grombacher, Lirit Ariella King, Marcus Bradley. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies e-mailed as directed) (LRM)
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Filing 28
ORDER DENYING TRANSFER Ordered by Karen K. Caldwell, Chair of the Panel on Multidistrict Litigation. (LRM)
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Filing 27
ORDER For good cause shown, the answer deadline is extended to January 17, 2022. Ordered by Magistrate Judge Cheryl R. Zwart. (LRM)
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| Filing 26 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney James Monagle on behalf of Defendant Nelnet Servicing, LLC.(Monagle, James) |
| Filing 25 TEXT ORDER granting Motion for Admission Pro Hac Vice #23 for attorney Claudia D. McCarron. Ordered by Deputy Clerk. (LKO) |
| Filing 24 TEXT ORDER granting Motion for Admission Pro Hac Vice #21 for attorney James Monagle. Ordered by Deputy Clerk. (LKO) |
| Filing 23 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4761384 by Attorney Claudia D. McCarron on behalf of Defendant Nelnet Servicing, LLC.(McCarron, Claudia) |
| Filing 22 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4761186 by Attorney James Monagle on behalf of Defendant Nelnet Servicing, LLC.(Monagle, James) |
| Filing 21 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4761181 by Attorney James Monagle on behalf of Defendant Nelnet Servicing, LLC.(Monagle, James) |
| Filing 20 ATTORNEY LETTER by Clerk that Attorney James Monagle has not registered for admittance to practice. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM) |
| Filing 19 ATTORNEY LETTER by Clerk that Attorney Marcus Bradley has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM) |
| Filing 18 ATTORNEY LETTER by Clerk that Attorney Lirit Ariella King has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM) |
| Filing 17 ATTORNEY LETTER by Clerk that Attorney Kiley Lynn Grombacher has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM) |
| Filing 16 TEXT NOTICE OF JUDGES ASSIGNED: Judge John M. Gerrard 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. (LRM) |
| Filing 15 Case transferred in from District of California Central; Case Number 2:22-cv-06550. Original electronic file received. |
| Remark - Public (Related Case): This notice serves to advise the parties that pursuant to direction from Chief Judge Robert F. Rossiter, Jr., this case is related to 4:22cv3181 and assigned to District Judge John M. Gerrard for disposition and assigned to Magistrate Judge Cheryl R. Zwart for judicial supervision. Any challenge to operation of this rule must be made pursuant to NEGenR 1.4(a)(7). (LRM) |
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Filing 14
MINUTES (IN CHAMBERS) ORDER GRANTING JOINT MOTION TO TRANSFER VENUE #13 by Judge Michael W. Fitzgerald. The Motion to Transfer is GRANTED. The Clerk shall transfer this action to the United States District Court for the District of Nebraska. Case transferred electronically. MD JS-6. Case Terminated. (iv) [Transferred from California Central on 11/3/2022.]
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| Filing 13 NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the District of Nebraska filed by PLAINTIFF Neil Kitzler. Motion set for hearing on 11/7/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Grombacher, Kiley) [Transferred from California Central on 11/3/2022.] |
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Filing 12
ORDER by Judge Michael W. Fitzgerald. The Court has reviewed Defendant Nelnet Servicing, LLC's ("Defendant") Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Class Action Complaint #11 ("Motion"). Although the Motion fails to comply with the Local Rules, the Court GRANTS Defendant's request. Defendant's response to Plaintiff's Class Action Complaint shall be filed no later than 12/15/2022, or seven days after the JDML renders a decision on the Motion of Transfer of Action and Consolidation, whichever occurs first. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY [Transferred from California Central on 11/3/2022.]
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| Filing 11 NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 12/15/2022 filed by Defendant Nelnet Servicing, LLC. (Attachments: #1 Proof of Service) (Attorney James F Monagle added to party Nelnet Servicing, LLC(pty:dft)) (Monagle, James) [Transferred from California Central on 11/3/2022.] |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Neil Kitzler, upon Defendant Nelnet Servicing, LLC served on 9/15/2022, answer due 10/6/2022. Service of the Summons and Complaint were executed upon Sarai Marina of CT Corporation System-Agents in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Grombacher, Kiley) [Transferred from California Central on 11/3/2022.] |
| Filing 9 CERTIFICATE of Interested Parties filed by PLAINTIFF Neil Kitzler, (Grombacher, Kiley) [Transferred from California Central on 11/3/2022.] |
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Civil Cover Sheet should not have been attached to Docket Entry No. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) [Transferred from California Central on 11/3/2022.] |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh) [Transferred from California Central on 11/3/2022.] |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Nelnet Servicing, LLC. (lh) [Transferred from California Central on 11/3/2022.] |
| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) [Transferred from California Central on 11/3/2022.] |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from California Central on 11/3/2022.] |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Karen L. Stevenson. (lh) [Transferred from California Central on 11/3/2022.] |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by PLAINTIFF Neil Kitzler. (Grombacher, Kiley) [Transferred from California Central on 11/3/2022.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-33977089 - Fee: $402, filed by PLAINTIFF Neil Kitzler. (Attachments: #1 Civil Cover Sheet) (Attorney Kiley Lynn Grombacher added to party Neil Kitzler(pty:pla))(Grombacher, Kiley) [Transferred from California Central on 11/3/2022.] |
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