Stelly et al v. Peters et al
| Cheryl Williams, Matthew Stelly and Goly Young |
| James Thele, Martin Shukert, Mike Saklar and Robert Peters |
| 8:2014cv00170 |
| June 6, 2014 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| John M. Gerrard |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
13
MEMORANDUM AND ORDER - This matter is dismissed without prejudice because Plaintiffs failed to prosecute this matter diligently and failed to comply with this court's orders. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
12
MEMORANDUM AND ORDER - Williams will have 30 days in which to file a second amended complaint that sets forth employment discrimination claims upon which relief may be granted. Any amended complaint filed by Williams must also set forth whether sh e exhausted her administrative remedies with the EEOC/NEOC with respect to her Title VII and ADA claims and, if so, the date on which she received a right-to-sue notice. To the extent Williams did receive a right-to-sue notice from the EEOC/NEOC, but did not file suit within 90 days of its receipt, she must show that equitable or exceptional circumstances exist that warrant tolling of the 90-day period. Stelly will have 30 days in which to file a second amended complaint that sets forth em ployment discrimination claims upon which relief may be granted. Any amended complaint filed by Stelly must also set forth whether he exhausted his administrative remedies with the EEOC/NEOC with respect to his Title VII claims and, if so, the date on which he received a right-to-sue notice. To the extent Stelly did receive a right-to-sue notice from the EEOC/NEOC, but did not file suit within 90 days of its receipt, he must show that equitable or exceptional circumstances exist that warrant tolling of the 90-day period. In Stelly's second amended complaint, Stelly must also show cause why his section 1981 claims should not be dismissed for failure to file suit within the relevant four-year limitations period. Plaintiffs are di rected to file two separate second amended complaints. Because Plaintiffs remaining claims-i.e., their employment discrimination claims-appear to be separate and distinct, the court will likely order their claims severed if both sets of claims surv ive initial review. Either Plaintiffs' failure to file a second amended complaint in accordance with this Memorandum and Order will result in dismissal of this action as to such Plaintiff without further notice. The clerk's office is directed to set a pro se case management deadline using the following text: December 22, 2014: check for second amended complaint. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
10
MEMORANDUM AND ORDER that plaintiffs shall have 30 days from the date of this Memorandum and Order to file an amended complaint. The clerk's office is directed to set a pro se case management deadline for 9/22/14: check for amended complaint. Plaintiffs shall keep the court informed of their current addresses at all times while this case is pending. Ordered by Judge John M. Gerrard. (Copy mailed to pro se parties) (JSF)
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Filing
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MEMORANDUM AND ORDER provisionally granting 2 and 6 Motions for Leave to Proceed in forma pauperis as to plaintiffs Matthew Stelly and Cheryl Williams. The complaint shall be filed without payment of fees. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)
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Filing
5
MEMORANDUM AND ORDER - Plaintiffs Cheryl Williams and Goly Young have the choice of either tendering the $400.00 fees to the Clerk of the court or of each submitting a request to proceed in forma pauperis and an affidavit of poverty in support thereof. Failure to comply with this Memorandum and Order will result in dismissal of this matter as to any plaintiff who has not submitted a request to proceed in forma pauperis if the filing and administrative fees have not been paid in the ca se. The Clerk of the court is directed to send to Plaintiffs Cheryl Williams and Goly Young the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: July 9, 2014: Check for MIFP or payment from Young and Williams. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(AOA)
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