Davis v. Ak-Sar-Ben Village, L.L.C.
Plaintiff: Melanie Davis
Defendant: Ak-Sar-Ben Village, L.L.C.
Case Number: 8:2018cv00101
Filed: March 2, 2018
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12101 Americans with Disabilities Act
Jury Demanded By: None
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Date Filed Document Text
October 29, 2020 Opinion or Order Filing 112 MEMORANDUM AND ORDER - the Court concludes that there was no reason for any other determination. The case was already dismissed. The Court will enter a final judgment in accordance with Filing No. 108 and this Memorandum and Order. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
September 21, 2020 Opinion or Order Filing 109 ORDER - Defendant's Motion (Filing No. 107 ) is granted: On or before October 5, 2020, Plaintiff shall reimbursement Defendant for its fees and costs, in the total amount of $6,792.00. No later than October 7, 2020, Plaintiff shall file a declaration or other form of sworn testimony indicating her compliance with this order. If the court does not receive a notice of compliance by the October 7, 2020 deadline, the court will set this case for an in-court hearing on Plaintiff's civil contempt of court. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
September 18, 2020 Opinion or Order Filing 108 ORDER - The Findings and Recommendation of the magistrate judge, Filing No. 106 , is adopted in its entirety. The Defendant's Second Motion for Fed. R. Civ. P. 37 relief, Filing No. 103 , is granted. This case is dismissed pursuant to Fed. R. Civ. P. 37(b)(2)(A)(v). A separate judgment will be entered in accordance with this Order. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
August 3, 2020 Opinion or Order Filing 106 FINDINGS AND RECOMMENDATION AND ORDER - Defendant's request for attorney fees is granted, and Defendant is entitled reimbursement for its attorney's fees and expenses incurred in preparing its Second Motion for Fed. R. Civ. P. 37 Relief (Fi ling No. 103 ). On or before August 17, 2020, Defendant shall submit an itemized billing statement of its fees to Plaintiff. Plaintiff's counsel shall respond to this itemization within ten days thereafter. If the parties agree as to the amou nt to be awarded, on or before September 1, 2020, they shall file a joint stipulation for entry of an order awarding costs and fees to Defendant. If the parties do not agree on the attorney fees and costs to be awarded, or if Plaintiff does not timel y respond to Defendant's itemization and demand, Defendant shall file a motion for assessment of attorney fees and costs by no later than September 15, 2020. This motion shall be submitted in accordance with the court's fee application guid elines outlined in Nebraska Civil Rules 54.3 and 54.4, but a supporting brief is not required. If a motion for fees is required, the court may award Defendant up to an additional $1000.00 to recover the cost of preparing its motion for assessment of fees. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
March 23, 2020 Opinion or Order Filing 93 MEMORANDUM AND ORDER - Defendant's Motion to Compel (Filing No. 82 ) is granted in part and denied in part, as outlined herein. On or before April 13, 2020, Plaintiff will provide Defendant with supplemental responses to Interrogatory Nos. 19 , 22 , and 23 , and Requests for Production Nos. 4 and 5 . Plaintiff's Motion to Compel (Filing No. 85 ) is denied without prejudice to re-filing after Plaintiff has identified with specificity the injunctive relief she is requesting and D efendant has raised, in response to that relief, a readily achievable defense. Counsel must promptly confer in good faith on this issue, with any renewed motion by Plaintiff filed on or before April 20, 2020. Due to the pandemic emergency, the partie s shall exchange all written discovery electronically rather than in a paper format delivered by mail or human courier. A telephonic status conference will be held before the undersigned magistrate judge on April 27, 2020 at 9:00 a.m. to discuss case progression and dispositive motion deadlines.Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
January 7, 2020 Opinion or Order Filing 80 ORDER - that the parties' anticipated motions to compel shall be filed on or before January 24, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
October 22, 2019 Opinion or Order Filing 78 AMENDED PROGRESSION ORDER - that Defendant's unopposed motion to amend the final progression order (Filing No. 77 ) is granted. The final progression order (Filing No. 56 ) is amended as follows: The current trial and pretrial settings in this case are to be vacated. A conference call will be held to discuss whether the case is likely to be resolved by settlement or by trial with the undersigned magistrate judge on January 7, 2020 at 11:00 a.m. by telephone. If by trial, potential trial dates will be discussed during the conference. In preparation for this conference, counsel must confer with their respective clients and any necessary witnesses regarding unavailable trial dates. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. The deposition deadline is February 7, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
October 11, 2019 Opinion or Order Filing 75 MEMORANDUM AND ORDER - The objection filed by the plaintiff, Filing No. 64 , is sustained. The memorandum and order of the magistrate judge, Filing No. 63 , is overruled. The motion to amend, Filing No. 60 , is granted. Plaintiff shall have 14 days from the date of this order to file her amended complaint. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
July 24, 2019 Opinion or Order Filing 69 AMENDED PROGRESSION ORDER - that the final progression order (Filing No. 56 ) is amended as follows: The deadline for completing written discovery under Rules 33, 34, and 36 of the Federal Rules of Civil Procedure is September 9, 2019. Motions to co mpel discovery under Rules 33, 34, and 36 must be filed by September 23, 2019. The parties shall comply with all other stipulations and agreements recited in the courts final progression order (Filing No. 56 ) and their Rule 26(f) planning report th at are not inconsistent with this order. All requests for changes of deadlines or settings established herein shall be directed to the undersigned magistrate judge, including all requests for changes of trial dates. Such requests will not be consider ed absent a showing of due diligence in the timely progression of this case and the recent development of circumstances, unanticipated prior to the filing of the motion, which require that additional time be allowed. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
June 11, 2019 Opinion or Order Filing 63 MEMORANDUM AND ORDER - that the Plaintiff's Motion for Leave to Amend Her Complaint (Filing No. 60 ) is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
March 27, 2019 Opinion or Order Filing 57 PROTECTIVE ORDER - Upon consideration of the parties' joint request for entry of a Protective Order, (Filing No. 55 ), the Court enters the following Protective Order governing the disclosure of confidential Discovery Material by a Producing Party to a Receiving Party in this Action. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
December 31, 2018 Opinion or Order Filing 49 MEMORANDUM AND ORDER - Defendant's motion to dismiss, Filing No. 28 , is denied. Plaintiff's motion for oral argument, Filing No. 32 , is denied. Defendant's motion to strike, Filing No. 38 , is denied. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
April 4, 2018 Opinion or Order Filing 12 ORDER - The motion to withdraw filed by Robert L. Freeman, as counsel of record for Defendant, (Filing No. 11 ), is granted. The clerk shall delete Robert L. Freeman from future ECF notifications in this case. The clerk shall enter the appearance of the following attorney as new counsel for Defendant: Mark O'Siochain. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy sent to Mr. O'Siochain) (LKO)
March 29, 2018 Opinion or Order Filing 9 ORDER OF RECUSAL - REQUEST FOR REASSIGNMENT. Upon review of the parties and the record in this case, the undersigned judge recuses himself pursuant to 28 U.S.C. § 455(a). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Defendant: Ak-Sar-Ben Village, L.L.C.
Represented By: Katherine A. McNamara
Represented By: Robert L. Freeman
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Plaintiff: Melanie Davis
Represented By: Padraigin L. Browne
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