Nebraska Data Centers, LLC v. Khayet
Plaintiff: Nebraska Data Centers, LLC
Defendant: Leo Khayet
Case Number: 8:2017cv00369
Filed: October 5, 2017
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Michael D. Nelson
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Contract Dispute
Jury Demanded By: Plaintiff
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Date Filed Document Text
December 27, 2019 Opinion or Order Filing 376 ORDER - The Motion to Release Bond, ECF No. 375 , is granted. The Clerk of the Court is directed to release the Bond posted by NDC for immediate return to: Fraser Stryker, Trustees 500 Energy Plaza 409 South 17th Street Omaha, Nebraska 68102-266 Ordered by Senior Judge Laurie Smith Camp. (E-mailed to Finance)(LKO)
December 4, 2019 Opinion or Order Filing 368 ORDER - IT IS ORDERED: The Clerk of Court is directed to process Defendant Leo Khayet's appeal, ECF No. 364 , and Khayet must seek permission to proceed on appeal in forma pauperis from the U.S. Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party)(TCL)
August 6, 2019 Opinion or Order Filing 346 ORDER - The Clerk is directed to process Defendant Leo Khayet's appeal, ECF No. 343 , and Khayet must seek permission to proceed on appeal in forma pauperis from the U.S. Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Laurie Smith Camp. (LAC)
July 22, 2019 Opinion or Order Filing 339 ORDER - The Clerk is directed to process Defendant Leo Khayet's appeal, ECF No. 325 , and Khayet must seek permission to proceed on appeal in forma pauperis from the U.S. Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Laurie Smith Camp. (Copies mailed to defaulted defendant Timber Ventures, LLC and Attorney Neil P. Hassler) (KLF)
April 19, 2019 Opinion or Order Filing 310 ORDER - Defendant Leo Khayet is denied leave to proceed on appeal in forma pauperis. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party) (KLF)
November 7, 2018 Opinion or Order Filing 275 MEMORANDUM AND ORDER - The Motion for Reconsideration, ECF No. 272 , filed by Defendant Leo Khayet, is denied. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (KLF)
October 4, 2018 Opinion or Order Filing 266 MEMORANDUM AND ORDER - The Motion to Consolidate Cases and to Proceed In Forma Pauperis on Appeal, ECF No. 264 , is granted, in part, as follows: a. Defendant Leo Khayet's request to proceed in forma pauperis on appeal is granted; and b. Defend ant Leo Khayet's request that the above-captioned action and Case No. 8:18cv330 be consolidated for purposes of appeal is denied. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed to defaulted defendant Timber Ventures, LLC and Attorney Neil P. Hassler) (KLF)
September 5, 2018 Opinion or Order Filing 254 MEMORANDUM AND ORDER - Defendant Timber Ventures, LLC, is dismissed from this action. The Motion for Default Judgment, ECF No. 206 , and Motion for Attorney Fees, ECF No. 229 , filed by Plaintiffs Nebraska Data Centers, LLC, and American Nebraska L imited Partnership, are granted as follows: a. Pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201(a), the Court declares: i. Defendant Leo Khayet is entitled to no compensation nor any other form of payment under the Consulting Agreement contract; ii. Plaintiff Nebraska Data Centers, LLC, complied with the terms and conditions of the Consulting Agreement contract and did not breach the Consulting Agreement contract; iii. Plaintiff Nebraska Data Centers, LLC, terminated the Consultin g Agreement contract on October 4, 2017, except with respect to any surviving terms and conditions; b. Pursuant to the Nebraska Uniform Deceptive Trade Practices Act, Neb. Rev. Stat. § 87-303, Defendant Leo Khayet is permanently enjoined from en gaging in the following conduct: i. Representing or holding himself out, in any way, as an agent or person otherwise authorized to transact business on behalf of Plaintiff Nebraska Data Centers, LLC; Plaintiff American Nebraska Limited Partnership; o r any of the foregoing Plaintiffs' owners, principals, members, trustees, affiliates, or subsidiaries; ii. Initiating any contact or communication with the employees or officers, including their immediate family members, of the following: Plaint iff Nebraska Data Centers, LLC; Plaintiff American Nebraska Limited Partnership; or any of the foregoing Plaintiffs' owners, principals, members, trustees, affiliates, or subsidiaries. c. Plaintiffs Nebraska Data Centers, LLC, and American Nebra ska Limited Partnership are jointly awarded, and Defendant Leo Khayet is liable for, Plaintiffs' attorney fees in the amount of $103,604.00. The Motion for Sanctions, ECF No. 227 , filed by Plaintiffs Nebraska Data Centers, LLC, and Ameri can Nebraska Limited Partnership, is granted. The case titled Khayet v. Cushing, Case No. 8:18cv330, will be dismissed, with prejudice. A separate order of dismissal will be issued, and a separate judgment will be entered, in Case No. 8:18cv33 0. The Motion for Emergency Stay, ECF No. 247 , filed by Defendant Leo Khayet, is denied. The Clerk shall restrict public access to ECF Nos. 243 and 244. A separate judgment will be entered. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to defaulted defendant Timber Ventures, LLC and Attorney Neil P. Hassler) (KLF)
July 10, 2018 Opinion or Order Filing 200 MEMORANDUM AND ORDER: The Findings and Recommendation issued by Magistrate Judge Cheryl R. Zwart, ECF No. 195 , are modified in accordance with this Memorandum and Order; Defendants Leo Khayet and Timber Ventures, LLC, must file an answer to the Second Amended Complaint on or before July 17, 2018; and The Clerk of Court shall mail a copy of this Memorandum and Order to Defendants Leo Khayet and Timber Ventures, LLC, at their last known addresses. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed as directed)(ADB)
June 14, 2018 Opinion or Order Filing 180 ORDER TO SHOW CAUSE: A Show Cause hearing is set for 6/19/2018 at 3:00 PM by Telephone before Magistrate Judge Cheryl R. Zwart. Any documents supporting Defendant Khayet's show cause filing shall be electronically docketed in this case on or before 5:00 p.m. on June 18, 2018.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
June 11, 2018 Opinion or Order Filing 177 ORDER that the deadline for Defendants to answer or otherwise respond to Plaintiffs' Second Amended Complaint (Filing No. 166) is June 15, 2018. The clerk shall set a case management deadline for June 18, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
May 14, 2018 Opinion or Order Filing 159 ORDER - Defendant's motion to strike, (Filing No. 155 ), is granted and his motion for reconsideration, (Filing No. 154 ), is stricken. Defendant's motion for reconsideration and for recusal, (Filing No. 156 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
May 10, 2018 Opinion or Order Filing 158 MEMORANDUM AND ORDER - The Motion to Dismiss, ECF No. 78 , filed by Defendant Leo Khayet, is granted, in part, as follows: a. Plaintiff Nebraska Data Centers, LLC's, claims under Nebraska law against Defendant Leo Khayet for breach of the Confi dentiality Agreement, unfair competition, and common-law trademark infringement are dismissed, with prejudice; b. Plaintiff Nebraska Data Centers, LLC's, claims under Nebraska law for fraudulent misrepresentation, negligent misrepresentation, an d a violation of § 59-805 of the Junkin Act are dismissed, without prejudice. The Motion is otherwise denied. Plaintiff Nebraska Data Centers may, but is not required to, amend its Amended Complaint in accordance with this Memorandum and Order o n or before May 25, 2018. If NDC does not file a second amended complaint, Defendant Leo Khayet must file an answer to the Amended Complaint on or before June 4, 2018. The Motion for Sanctions, ECF No. 94 , filed by Plaintiff Nebraska Data Centers, LLC, is denied, without prejudice and subject to reassertion. The Motion to Strike Order, ECF No. 143 , and the Objection to Order, ECF No. 147 , filed by Defendant Leo Khayet, are denied. Ordered by Chief Judge Laurie Smith Camp. (KLF)
May 2, 2018 Opinion or Order Filing 145 ORDER - Defendant Khayet is prohibited from initiating any direct contact with my chambers, whether by email, telephone, or in person. Any violation of this order will subject Defendant to sanctions. If Defendant Khayet is requesting specific relief from the court: a. The subject of the request must concern the progression, discovery, and/or merits of the above-captioned case, and b. The request must be made by motion in accordance with the court's local rules, and filed of record on the court's electronic docket using CM/ECF. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
April 24, 2018 Opinion or Order Filing 141 MEMORANDUM AND ORDER denying 82 Motion to Disqualify; denying 93 Motion to Initiate Disciplinary Proceedings; denying 95 Motion to Show Cause; denying as moot 105 Motion to Strike; denying 115 Motion to Extend; granting 116 Motion to Strike; denying as moot 117 Motion to Strike; denying 119 Motion to Compel Preservation of Documents; denying 125 Motion for a Status Conference; denying 126 Motion for a Scheduling Conference; denying 127 Motion for Case Management Conference; granting 131 Motion to Strike; granting 134 Motion to Strike; granting 137 Motion to Restrict pursuant to the E-Government Act; and granting 139 Motion to Strike. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
December 27, 2017 Opinion or Order Filing 53 ORDER - Defendant Leo Khayet is precluded from contacting the principals of Plaintiff Nebraska Data Centers, LLC, including the trustees of the Ralph Edwards Trust and their immediate family members, and any vendors, clients, or customers of Nebraska Data Centers, LLC. Defendant Leo Khayet is precluded from contacting the employees and officers of Nebraska Data Centers, LLC. Defendant Leo Khayet may communicate with the parties listed in Appendix A of the Consulting Agreement, ECF No. 2 , Page ID 9, but is precluded from contacting any other persons or entities for the purpose of transacting any business or potential business related to Plaintiff Nebraska Data Centers, LLC. Ordered by Chief Judge Laurie Smith Camp. (Copy e-mailed to pro se party) (KLF)
December 5, 2017 Opinion or Order Filing 32 MEMORANDUM AND ORDER that the Motion to Restrict Pursuant to the E-Government Act, ECF No. 23, submitted by Plaintiff Nebraska Data Centers, LLC, is granted; The filings at ECF No. 21 and 22 shall be restricted pursuant to the E-Government Act; T he Motion with Regard to Scheduling of Evidentiary Hearing on Preliminary Injunction, ECF No. 29, submitted by Defendant Leo Khayet is denied, and the hearing remains scheduled for December 7, 2017, at 1:00, as described in ECF No. 28; and The Request for Continuance, ECF No. 30, submitted by Defendant Leo Khayet, is denied as moot, consistent with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (ADB)
November 21, 2017 Opinion or Order Filing 27 ORDER - Defendant's pro se motion to compel Robert W. Futhey and the Fraser, Stryker Law Firm to produce discovery showing they are actually authorized to represent Plaintiff in this litigation, (Filing No. 19 ), is denied. Defendant's motion to file his evidence as restricted access documents, (Filing No. 20 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Defendant: Leo Khayet
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Plaintiff: Nebraska Data Centers, LLC
Represented By: Robert W. Futhey
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