Sabatka v. NRG Energy, Inc.
Plaintiff: Gerard A. Sabatka
Defendant: NRG Energy, Inc.
Case Number: 8:2015cv00310
Filed: August 21, 2015
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: John M Gerrard
Referring Judge: Cheryl R Zwart
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 451 Employment Discrimination
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 9, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2017 Opinion or Order Filing 38 JUDGMENT - On the parties' Joint Stipulation for Dismissal (filing #37 ), this action is dismissed, with prejudice, each party to pay its own costs and attorneys' fees. Ordered by Judge John M. Gerrard. (LAC)
February 8, 2017 Filing 37 JOINT STIPULATION FOR DISMISSAL with Prejudice by Attorney Marcia A. Washkuhn on behalf of Defendant NRG Energy, Inc..(Washkuhn, Marcia)
January 9, 2017 Opinion or Order Filing 36 ORDER that on or before February 8, 2017, the parties shall file a joint stipulation for dismissal, or other dispositive stipulation, together with submitting to the undersigned judge a draft order which will fully dispose of the case. Absent compliance with this order, this case (including counterclaims and the like) may be dismissed without further notice. The Clerk of the Court shall set a dismissal papers deadline of February 8, 2017.Ordered by Judge John M. Gerrard. (LAC)
January 9, 2017 Filing 35 RESTRICTED AUDIO FILE (1.1 MB) regarding Settlement Conference 34 held on 1/09/2017 at 12:47 p.m. before Magistrate Judge Cheryl R. Zwart. 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(e). (SLP)
January 9, 2017 Filing 34 TEXT MINUTE ENTRY for Settlement Conference held before Magistrate Judge Cheryl R. Zwart in Omaha on 1/9/2017. Settlement has been reached. Terms of the settlement read into the record. Court orders audio of hearing be restricted to case participants. Appearance for Plaintiff: Raymond Aranza, retained; For Defendant: Kasey Cappellano and Marcia Washkuhn, retained. Courtroom Deputy: Sara Pankoke. Reporter: Digital Recorder. Time Start: 9:00 AM; Time Stop: 12:52 AM; Time in Court: 3 Hours 52 Minutes. (SLP)
January 3, 2017 Opinion or Order Filing 33 ORDER - Defendant's Motion for Extension of Trial and Other Case Progression Deadlines, (Filing No. #32 ), is granted. The progression deadlines are extended as follows: February 9, 2016 - Deadline for Defendant to disclose expert witnesses and reports. March 13, 2017 - Deadline to complete written discovery. March 23, 2017 - Deadline to file motions to compel. April 17, 2017 - Deadline to complete depositions. May 17, 2017 - Deadline to file motions to exclude testimony on Daubert and related grounds. June 16, 2017 - Deadline to file motions to dismiss and motions for summary judgment. September 25, 2017 - Deadline to file motions in limine. The trial and pretrial conference are continued and will be re-set at the close of the settlement conference if this case is not resolved during that conference. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
January 3, 2017 Filing 32 UNOPPOSED MOTION to Extend Deadlines by Attorney Kasey M. Cappellano on behalf of Defendant NRG Energy, Inc..(Cappellano, Kasey)
December 21, 2016 Filing 31 NOTICE of Serving Supplemental Discovery Responses by Attorney Raymond R. Aranza on behalf of Plaintiff Gerard A. Sabatka (Aranza, Raymond)
December 15, 2016 Opinion or Order Filing 30 ORDER ORDER COMPELLING PLAINTIFF TO FURTHER RESPOND that pursuant to the information provided by the parties during the conference, the Court orders that, by December 22, 2016: Plaintiff identify with specificity, preferably by Bates number, the particular documents he asserts are responsive to each of NRG's Interrogatories and Requests for Production, if any, specifically including Interrogatories Nos. 3, 4, 6, 7 and 12, and Requests for Production Nos. 1-3, 6-7, 15-16, 20-27, 29 and 35-36. To the extent that no documents responsive to any particular Interrogatory or Request for Production exist or are within Plaintiff's possession, custody or control, Plaintiff update his responses to each Interrogatory or Request for Production to state as much. Plaintiff update his responses to Interrogatories Nos. 4 and 6 to identify any verbal or otherwise unwritten communications he recalls which are responsive to these Interrogatories, or to state that he has no recollection of any such verbal or otherwise unwritten communications responsive to Interrogatories Nos. 4 and 6. Plaintiff update his response to Interrogatory No. 12 to provide all responsive information regarding any alleged damages and facts substantiating the computation. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
December 6, 2016 Opinion or Order Filing 29 ORDER that a settlement conference will be held before the undersigned magistrate judge with counsel and representatives of the parties on January 9, 2017, beginning at 9:00 a.m. in Court of Appeals Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The parties' representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
November 15, 2016 Opinion or Order Filing 28 TEXT ORDER SETTING HEARING: A telephonic conference with the undersigned magistrate judge will be held on November 28, 2016 at 11:00 a.m. to discuss any ongoing discovery issues. The parties shall use the conferencing instructions assigned to this case, (see Filing No. 12 ), to participate in the call.Ordered by Magistrate Judge Cheryl R. Zwart. (TLSS)
November 9, 2016 Opinion or Order Filing 27 ORDER that Defendant's motion to compel, (Filing No. #26 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
November 9, 2016 Filing 26 MOTION to Compel by Attorney Kasey M. Cappellano on behalf of Defendant NRG Energy, Inc.. (Attachments: #1 Brief in Support of Motion to Compel, #2 Affidavit of Kasey Cappellano, #3 Exhibits A - H, #4 Index of Evidence)(Cappellano, Kasey)
October 14, 2016 Filing 25 NOTICE of Intent to Issue Subpoenas Duces Tecum by Attorney Kasey M. Cappellano on behalf of Defendant NRG Energy, Inc. (Cappellano, Kasey)
September 21, 2016 Filing 24 NOTICE of Service of Discovery Responses by Attorney Kasey M. Cappellano on behalf of Defendant NRG Energy, Inc. (Cappellano, Kasey)
September 8, 2016 Filing 23 NOTICE of Change of Address by Attorney Raymond R. Aranza on behalf of Plaintiff Gerard A. Sabatka (Aranza, Raymond)
August 2, 2016 Opinion or Order Filing 22 AMENDED PROGRESSION ORDER granting #21 Defendant's Motion to Extend. - Depositions due 2/17/2017.- 4-day Jury Trial continued to 7/31/2017 at 9:00 AM before Judge John M. Gerrard. - Pretrial Conference continued to 7/18/2017 at 9:00 AM by WebEx Conference before Magistrate Judge Cheryl R. Zwart. Instructions and codes for participating in the pretrial conference by WebEx may be found at filing no. 12 .- Telephone Conference continued to 3/7/2017 at 2:00 PM with Magistrate Judge Cheryl R. Zwart to discuss the status of case progression and potential settlement. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 1, 2016 Filing 21 MOTION to Extend Trial and Other Case Progression Deadlines by Attorney Marcia A. Washkuhn on behalf of Defendant NRG Energy, Inc..(Washkuhn, Marcia)
July 21, 2016 Filing 20 NOTICE of Serving Discovery Requests (First Set of Interrogatories and First Set of Requests for Production of Documents) by Attorney Raymond R. Aranza on behalf of Plaintiff Gerard A. Sabatka (Aranza, Raymond)
June 29, 2016 Filing 19 NOTICE of Plaintiff's Designation of Non-Retained Expert Witnesses by Attorney Raymond R. Aranza on behalf of Plaintiff Gerard A. Sabatka (Aranza, Raymond)
June 7, 2016 Filing 18 NOTICE of Intent to Issue Subpoenas Duces Tecum upon Dr. Syed Pirzada Sattar, Dr. Douglas K. Vonderfecht and Omaha Public Power District by Attorney Marcia A. Washkuhn on behalf of Defendant NRG Energy, Inc. (Washkuhn, Marcia)
May 23, 2016 Opinion or Order Filing 17 AMENDED PROGRESSION ORDER - Depositions due 10/3/2016. Jury Trial set for 4/3/2017 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Pretrial Conference set for 3/21/2017 at 11:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. Instructions and codes for participating in the pretrial conference by WebEx may be found at Filing No. 12. The parties proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on March 17, 2017. Telephone Conference set for 10/4/2016 at 10:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
May 13, 2016 Filing 16 JOINT MOTION to Extend Trial and Other Case Progression Deadlines by Attorney Marcia A. Washkuhn on behalf of Defendant NRG Energy, Inc..(Washkuhn, Marcia)
May 4, 2016 Filing 15 NOTICE of Intent to Serve Records Deposition Subpoena upon NEOC by Attorney Raymond R. Aranza on behalf of Plaintiff Gerard A. Sabatka (Aranza, Raymond)
February 8, 2016 Filing 14 NOTICE of Service of Discovery Requests by Attorney Kasey M. Cappellano on behalf of Defendant NRG Energy, Inc. (Cappellano, Kasey)
February 1, 2016 Filing 13 NOTIFICATION of Request for Video Recording by Clerk.(CCB)
January 29, 2016 Opinion or Order Filing 11 FINAL PROGRESSION ORDER: - Depositions due 6/1/2016.- 4-day Jury Trial set for 12/5/2016 at 09:00 AM before Judge John M. Gerrard. - Pretrial Conference set for 11/22/2016 at 10:00 AM by WebEx Conference before Magistrate Judge Cheryl R. Zwart. A separate order will be filed with the instructions and codes for participating in the pretrial conference by WebEx.- Telephone Conference set for 6/7/2016 at 1:00 PM with Magistrate Judge Cheryl R. Zwart to discuss the status of case progression and potential settlement. Counsel for the plaintiff shall place the call.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 21, 2015 Filing 10 DISCLOSURE (Plaintiff's Rule 26(A)(1) Disclosures) by Attorney Raymond R. Aranza on behalf of Plaintiff Gerard A. Sabatka.(Aranza, Raymond)
December 4, 2015 Filing 9 NOTICE of Service of Initial Disclosures by Attorney Kasey M. Cappellano on behalf of Defendant NRG Energy, Inc. (Cappellano, Kasey)
September 28, 2015 Filing 8 TEXT ORDER: Pursuant to General Order 2010-11, the parties did not consent to disposition of the case by a magistrate judge. Case reassigned to Judge John M. Gerrard and Magistrate Judge Cheryl R. Zwart. Ordered by Deputy Clerk. (LAC)
September 28, 2015 Filing 7 REPORT of Rule 26(f) Planning Meeting by Attorney Marcia A. Washkuhn on behalf of Defendant NRG Energy, Inc..(Washkuhn, Marcia)
September 4, 2015 Filing 6 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Kasey M. Cappellano on behalf of Defendant NRG Energy, Inc..(Cappellano, Kasey)
August 28, 2015 Opinion or Order Filing 5 SCHEDULING LETTER setting the Rule 26 Meeting Report Deadline and Consent Deadline set for 9/28/2015. Please use the revised "Form 35 (Rule 26(f)) Report" available on the court's website, www.ned.uscourts.gov. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
August 28, 2015 Filing 4 ANSWER to Notice of Removal Complaint regarding: Notice of Removal Attorney - Complaint, #1 by NRG Energy, Inc. (Cappellano, Kasey)
August 21, 2015 Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant NRG Energy, Inc.. 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.(LAC, )
August 21, 2015 Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Magistrate Judge F.A. Gossett assigned. (LAC)
August 21, 2015 Filing 1 NOTICE OF REMOVAL with jury demand against NRG Energy, Inc. from District Court of Douglas County, Case number CI 15-6300 ( Filing fee $ 400, receipt number 0867-3017449) with attached state court pleadings, by Attorney Kasey M. Cappellano on behalf of NRG Energy, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cappellano, Kasey)

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Plaintiff: Gerard A. Sabatka
Represented By: Raymond R. Aranza
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Defendant: NRG Energy, Inc.
Represented By: Kasey M. Cappellano
Represented By: Marcia A. Washkuhn
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