Khayet v. Cushing
Plaintiff: Leonid Khayet and Leo Khayet
Defendant: Jerry Appel, Todd Cushing, Ralph and Barbara Edwards Insurance Trust, Nebraska Data Centers, L.L.C. and American Nebraska Limited Partnership
Case Number: 8:2018cv00330
Filed: July 13, 2018
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
Referring Judge: Cheryl R Zwart
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2018 Opinion or Order Filing 89 JUDGMENT - PRO SE - The Motions that appear at ECF Nos. #77 , #79 , and #81 are denied as moot. This action is dismissed, with prejudice. (Attachments: #1 Notice - Civil Appeals in Pro Se Cases) Ordered by Chief Judge Laurie Smith Camp. (Copy e-mailed to pro se party) (LKO)
September 5, 2018 Opinion or Order Filing 88 ORDER OF DISMISSAL - The Motions that appear at ECF Nos. #77 , #79 , and #81 are denied as moot. This action is dismissed, with prejudice. A separate judgment will be entered. Ordered by Chief Judge Laurie Smith Camp. (LKO)
August 24, 2018 Opinion or Order Filing 87 ORDER on #86 Motion (Attachment: Copy of Filing #73 ) Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
August 23, 2018 Filing 86 MOTION Access to Restricted Documents on behalf of Plaintiff Leo Khayet. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Khayet, Leo)
August 23, 2018 Opinion or Order Filing 85 ORDER regarding #84 Motion. Notices of Electronic Filing for Filings 65 through 84 were regenerated by the undersigned magistrate judge for email service on Plaintiff Khayet. Khayet shall not contact any employee of the Clerks office including, but not limited to, Kathy Griess. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
August 23, 2018 Filing 84 MOTION Receive Pleadings on behalf of Plaintiff Leo Khayet. (Attachments: #1 Exhibit 1)(Khayet, Leo)
August 21, 2018 Opinion or Order Filing 83 TEXT ORDER - Pursuant to Plaintiff Leonid Khayet's Motion Receive Electronic Filing Privileges, ECF No. 238 in Case No. 8:17cv369, the Clerk's Office is directed to activate Khayet's electronic filing and notice privileges in this case. Progression of this case is stayed pending resolution of Case No. 8:17cv369. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LKO)
August 21, 2018 Remark - Public: Pursuant to Text Order 83 , filed in this case, Mr. Khayet has been given electronic filing and notice privileges in this case. (JLS)
August 13, 2018 Opinion or Order Filing 82 TEXT ORDER: Plaintiff has not responded to Defendant's motion to extend, #74 , and the deadline for doing so has passed. The motion is therefore unopposed and is hereby granted. Defendant's motion to dismiss, #77 , is deemed timely filed. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
August 10, 2018 Filing 81 MOTION for Attorney Fees Pursuant to the July 25, 2018 Show Cause Hearing by Attorney Robert W. Futhey on behalf of Defendant Todd Cushing. (Attachments: #1 Declaration of Robert W. Futhey)(Futhey, Robert)
August 10, 2018 Filing 80 BRIEF in support of MOTION Sanctions and Entry of Judgment Against Leonid Khayet and Timber Ventures, LLC #79 by Attorney Robert W. Futhey on behalf of Defendant Todd Cushing.(Futhey, Robert)
August 10, 2018 Filing 79 MOTION Sanctions and Entry of Judgment Against Leonid Khayet and Timber Ventures, LLC by Attorney Robert W. Futhey on behalf of Defendant Todd Cushing.(Futhey, Robert)
August 3, 2018 Filing 78 BRIEF in support of MOTION for Ruling on 12(B)(6) Grounds in Defendant's Motion to Dismiss and Submit a Supplemental Brief in Support of Motion to Dismiss #77 by Attorney Robert W. Futhey on behalf of Defendant Todd Cushing.(Futhey, Robert)
August 3, 2018 Filing 77 MOTION for Ruling on 12(B)(6) Grounds in Defendant's Motion to Dismiss and Submit a Supplemental Brief in Support of Motion to Dismiss by Attorney Robert W. Futhey on behalf of Defendant Todd Cushing.(Futhey, Robert)
August 1, 2018 Filing 76 Certificate of Mailing by Attorney Robert W. Futhey on behalf of Defendant Todd Cushing.(Futhey, Robert)
July 31, 2018 Filing 75 TEXT NOTICE by Clerk that pursuant to the Letter #70 , Mr. Khayet has not yet consented to electronic filing and/or notice in this case. Therefore, service will need to be accomplished by other means in accordance with Federal and U.S District Court of Nebraska Local Rules. (Copies Mailed to Pro Se Party) (JLS)
July 27, 2018 Filing 74 MOTION to Extend by Attorney Robert W. Futhey on behalf of Defendant Todd Cushing.(Futhey, Robert)
July 25, 2018 Opinion or Order Filing 73 RESTRICTED ORDER: Defendant Khayet, both personally and on behalf of Defendant Timber Ventures, LLC, is prohibited from initiating any contact with the Clerk of the United States District Court for the District of Nebraska, or any employees of the Clerk's Office, whether by email, telephone, or in person. Anyviolation of this order will subject Defendant to sanctions. All communications with the above named Clerk's office, even as to matters Khayet considers "procedural," shall be filed on the court's electronic docket. This order shall be filed as a restricted access document. 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(a). Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(MKR) Modified on 7/26/2018 to reflect this order was originally filed in case 8:17cv369 on 7/20/2018 filing #205. At the direction of the court, this Order is filed in 8:18cv330.(MKR)
July 25, 2018 Opinion or Order Filing 72 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. (Copy mailed to pro se party)(MKR) Modified on 7/26/2018 to reflect this Order was originally filed on 5/2/2018, filing #145 in case 8:17cv369. At the direction of the court, this Order is filed in 8:18cv330.(MKR)
July 21, 2018 Opinion or Order Filing 71 ORDER granting #68 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
July 19, 2018 Filing 70 LETTER to Plaintiff Leonid Khayet. (Copy mailed to plaintiff)(LAC) Modified on 7/19/2018 to correct docket text (LAC).
July 18, 2018 Filing 69 Certificate regarding MOTION to Withdraw as Attorney #68 Certificate of Service of Motion to Withdraw as Counsel by Attorney Matthew W. Lytle on behalf of Defendant Todd Cushing.(Lytle, Matthew)
July 18, 2018 Filing 68 MOTION to Withdraw as Attorney by Attorney Matthew W. Lytle on behalf of Defendant Todd Cushing.(Lytle, Matthew)
July 18, 2018 Filing 67 NOTICE of Related Case by Attorney Robert W. Futhey on behalf of Defendant Todd Cushing (Futhey, Robert)
July 13, 2018 Filing 66 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Laurie Smith Camp and Magistrate Judge Cheryl R. Zwart assigned. (LAC)
July 13, 2018 Filing 65 Case transferred in from District of Kansas; Case Number 2:17-cv-02624. Original electronic file received.
July 12, 2018 Opinion or Order Filing 64 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that defendant's Motion to Dismiss, Stay, or Alternatively Transfer to District of Nebraska #18 is granted. This case shall be transferred to the District of Nebraska to be heard concurrently with 8:17-CV-00369. IT IS FURTHER ORDERED that plaintiff's Motion to Strike and Substitute Filing 60 #61 and Motion to Submit Amended Pleading Substituting for Filing 61.1 [Originally Filing 60] #62 are granted. Exhibit 1 to (Doc. 62) is considered the correct version of (Doc. 60). IT IS FURTHER ORDERED that plaintiff's Motion to Modify Rules to Meet Emergencies, District of Kansas Rule 1.1(B)(1) and (2); and Notice of Exigent Filings in the District of Nebraska Case 8:17-CV-00369 #60 is denied. The court considered (Doc. 62-1) as the correct version of (Doc. 60). Signed by District Judge Carlos Murguia on 7/12/2018. (hl) [Transferred from Kansas on 7/13/2018.]
July 10, 2018 Filing 63 MEMORANDUM IN OPPOSITION by Defendant Todd Cushing re #60 MOTION Modify Rules to Meet Emergencies re #18 MOTION to Dismiss , Stay, or Alternatively Transfer to District of Nebraska and Notice of Exigent Filings in D. of Neb. Case 8:17-cv-369 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lytle, Matthew) [Transferred from Kansas on 7/13/2018.]
July 10, 2018 MOTION REFERRAL to Magistrate Judge REMOVED as to: #60 MOTION Modify Rules to Meet Emergencies re #18 MOTION to Dismiss, Stay, or Alternatively Transfer to District of Nebraska; #61 MOTION for Leave to file Substitute For Filing 60; #62 MOTION to Amend/Correct #60 MOTION Modify Rules to Meet Emergencies re #18 MOTION to Dismiss, Stay, or Alternatively Transfer to District of Nebraska. These motions will be resolved by the District Judge. (mn) [Transferred from Kansas on 7/13/2018.]
July 9, 2018 Filing 62 MOTION to Amend/Correct #60 MOTION Modify Rules to Meet Emergencies re #18 MOTION to Dismiss , Stay, or Alternatively Transfer to District of Nebraska , #61 MOTION for Leave to file Substitute For Filing 60 by Plaintiff Leonid Khayet (Attachments: #1 Exhibit 1)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
July 1, 2018 Filing 61 MOTION for Leave to file Substitute For Filing 60 by Plaintiff Leonid Khayet (Attachments: #1 Substitute for Doc. 60)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
June 30, 2018 Filing 60 MOTION Modify Rules to Meet Emergencies re #18 MOTION to Dismiss , Stay, or Alternatively Transfer to District of Nebraska by Plaintiff Leonid Khayet (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
June 29, 2018 Opinion or Order Filing 59 ORDER granting Plaintiff's #58 Motion for Extension of Time to File Response to Defendant's #18 MOTION to Dismiss, Stay, or Alternatively Transfer to District of Nebraska. Response deadline is extended to 6/29/2018. Signed by District Judge Carlos Murguia on 6/29/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) [Transferred from Kansas on 7/13/2018.]
June 29, 2018 Filing 58 Motion for Extension of time to File Response #18 Motion to Dismiss NOTICE of Technical Failure by Leonid Khayet (Khayet, Leonid) Modified on 6/29/2018 to correct title and event (hw). [Transferred from Kansas on 7/13/2018.]
June 14, 2018 Opinion or Order Filing 57 MEMORANDUM AND ORDER denying #51 Motion for Extension of Time to File; granting #17 Motion to Appear Pro Hac Vice of Robert W. Futhey for Todd Cushing pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gerald L. Rushfelt on 6/14/2018. (hl) [Transferred from Kansas on 7/13/2018.]
June 11, 2018 Opinion or Order Filing 56 ORDER denying #11 Plaintiff's Motion to Strike and Withdraw Pleadings. Plaintiff fails to cite any authority to strike his original complaint from the record. The Court otherwise finds no reason or occasion to strike the original complaint. Additionally, Plaintiff has already filed his Amended Complaint (ECF 10). Signed by Magistrate Judge Gerald L. Rushfelt on 6/11/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mn) [Transferred from Kansas on 7/13/2018.]
June 8, 2018 Filing 55 NOTICE OF SUPPLEMENTAL AUTHORITY by Leonid Khayet re: MOTION for attorney Robert W. Futhey to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4396817.) #17 filed by Defendant Todd Cushing (Attachments: #1 Exhibit 1)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
June 7, 2018 Filing 54 NOTICE OF SUPPLEMENTAL AUTHORITY by Leonid Khayet re: MOTION for attorney Robert W. Futhey to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4396817.) #17 filed by Defendant Todd Cushing (Attachments: #1 Exhibit 1)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
May 18, 2018 Filing 53 MEMORANDUM IN OPPOSITION by Defendant Todd Cushing re #51 MOTION for Extension of Time (Lytle, Matthew) [Transferred from Kansas on 7/13/2018.]
May 11, 2018 Filing 52 NOTICE OF SUPPLEMENTAL AUTHORITY by Todd Cushing re: MOTION for attorney Robert W. Futhey to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4396817.) #17 filed by Defendant Todd Cushing (Lytle, Matthew) (Modified on 5/14/2018 to correct filing parties; Jerry Appel was selected as filer in error per attorney. (hl)) [Transferred from Kansas on 7/13/2018.]
May 11, 2018 Filing 51 MOTION for extension of time by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Khayet, Leonid) (Modified on 5/14/2018 to correct docket event used and add link to #48 Notice of Supplemental Authority. (hl)) [Transferred from Kansas on 7/13/2018.]
May 1, 2018 Filing 50 MINUTE ENTRY for MOTION HEARING held on 5/1/2018 before Magistrate Judge Gerald L. Rushfelt: Plaintiff Leonid Khayet appeared pro se. Defendant Todd Cushing appeared through counsel Matthew W. Lytle. Robert W. Futhey also appeared. At the request of the Court, Defendant has filed #48 Supplemental Authority to advise the Court of a Memorandum and Order issued in the United States District Court for the District of Nebraska. Plaintiff has 10 days, to and including May 11, 2018, in which to respond. Following such response, the Court will issue its ruling on #17 Motion to Appear Pro Hac Vice. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mn) [Transferred from Kansas on 7/13/2018.]
May 1, 2018 Filing 49 NOTICE OF SUPPLEMENTAL AUTHORITY by Leonid Khayet re: MOTION for attorney Robert W. Futhey to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4396817.) #17 filed by Defendant Todd Cushing (Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
May 1, 2018 Filing 48 NOTICE OF SUPPLEMENTAL AUTHORITY by Todd Cushing re: MOTION for attorney Robert W. Futhey to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4396817.) #17 filed by Defendant Todd Cushing (Attachments: #1 Exhibit)(Lytle, Matthew) [Transferred from Kansas on 7/13/2018.]
April 30, 2018 Filing 47 NOTICE OF CHANGE OF ADDRESS by Leonid Khayet (Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
April 30, 2018 Filing 46 NOTICE of Hearing by Leonid Khayet (Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
April 25, 2018 Filing 45 SUMMONS RETURNED UNEXECUTED by Leonid Khayet as to Ralph and Barbara Edwards Insurance Trust. (hl) [Transferred from Kansas on 7/13/2018.]
April 18, 2018 Opinion or Order Filing 44 ORDER granting #32 Motion to Modify Rules to Appoint Counsel; granting #33 Motion to Continue; granting #34 Motion to Modify. Plaintiff is ordered to respond to #18 defendant's Motion to Dismiss 14 days after the court rules on #17 defendant's pro hac vice motion. Signed by District Judge Carlos Murguia on 4/18/2018. (hl) [Transferred from Kansas on 7/13/2018.]
April 13, 2018 Opinion or Order Filing 43 ORDER denying as moot #41 Motion to Stay Deadlines or in the Alternative Continuance. Refer to #42 for details. Signed by Magistrate Judge Gerald L. Rushfelt on 4/12/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mn) [Transferred from Kansas on 7/13/2018.]
April 13, 2018 Opinion or Order Filing 42 MEMORANDUM AND ORDER - granting #21 Motion for Hearing on #17 Motion to Appear Pro Hac Vice and granting in part and denying in part #22 Motion for Expedited Hearing. Motion hearing set for 5/1/18 at 3:15 pm and all parties and counsel are to call 1-888-363-4749 access number 8533057. Denying #26 Motion for Leave to File and #27 Motion to Supplement. Finding as moot #39 Motion to Continue, Motion to Supplement and #28 Motion to Seal Document. Signed by Magistrate Judge Gerald L. Rushfelt on 4/12/18. (cs) [Transferred from Kansas on 7/13/2018.]
April 13, 2018 Set/Reset Deadlines as to #17 MOTION for attorney Robert W. Futhey to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4396817.). Motion Hearing set for 5/1/2018 at 03:15 PM in Telephone GLR - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 8533057 before Magistrate Judge Gerald L. Rushfelt.(cs) [Transferred from Kansas on 7/13/2018.]
April 12, 2018 MOTION REFERRAL to Magistrate Judge REMOVED as to: #33 MOTION to Continue, #34 MOTION to Modify, #32 MOTION to Modify. These motions will be resolved by the District Judge. (mn) [Transferred from Kansas on 7/13/2018.]
April 5, 2018 Filing 41 MOTION to Stay Deadlines by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
March 30, 2018 Filing 40 MOTION to Supplement by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
March 30, 2018 Filing 39 MOTION to Continue Entire Docket by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
March 26, 2018 Opinion or Order Filing 38 ORDER denying as moot #37 Unopposed Motion to Extend Deadline. Plaintiff's reply deadline does not run until March 30, 2018. Signed by Magistrate Judge Gerald L. Rushfelt on 3/26/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mn) [Transferred from Kansas on 7/13/2018.]
March 23, 2018 Filing 37 MOTION for Extension of Time to File Reply as to #34 MOTION to Modify , #32 MOTION to Modify , #33 MOTION to Continue by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
March 21, 2018 Filing 36 NOTICE of Deadlines/Hearings by Leonid Khayet (Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
March 16, 2018 Filing 35 MEMORANDUM IN OPPOSITION by Defendant Todd Cushing re #34 MOTION to Modify , #32 MOTION to Modify , #33 MOTION to Continue (Lytle, Matthew) [Transferred from Kansas on 7/13/2018.]
March 14, 2018 Filing 34 MOTION to Modify by Plaintiff Leonid Khayet (Attachments: #1 Exhibit 1)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
March 13, 2018 Filing 33 MOTION to Continue by Plaintiff Leonid Khayet (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
March 2, 2018 Filing 32 MOTION to Modify Rules to Appoint Counsel by Plaintiff Leonid Khayet (Khayet, Leonid) (Modified on 3/5/2018 to correct title of document in docket text. (hl)) [Transferred from Kansas on 7/13/2018.]
February 26, 2018 Opinion or Order Filing 31 ORDER granting in part #23 Plaintiff's Motion for Extension of Time to File Response re #18 MOTION to Dismiss , Stay, or Alternatively Transfer to District of Nebraska. The plaintiff is granted an extension up to and including 3/12/2018 to file his response. Signed by District Judge Carlos Murguia on 02/26/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) [Transferred from Kansas on 7/13/2018.]
February 26, 2018 MOTION REFERRAL to Magistrate Judge REMOVED as to: #23 MOTION for Extension of Time. The motion will be resolved by the District Judge.(ses) [Transferred from Kansas on 7/13/2018.]
February 23, 2018 Filing 30 REPLY TO RESPONSE TO MOTION by Plaintiff Leonid Khayet re: #21 MOTION for Hearing (Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
February 22, 2018 Filing 29 RESPONSE by Defendant Todd Cushing re #23 MOTION for Extension of Time (Lytle, Matthew) [Transferred from Kansas on 7/13/2018.]
February 22, 2018 Filing 28 MOTION to Seal Document #27 MOTION to Supplement by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
February 21, 2018 Filing 27 MOTION to Supplement by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
February 21, 2018 Filing 26 MOTION for Leave to file Surreply by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
February 16, 2018 Filing 25 MEMORANDUM IN OPPOSITION by Defendant Todd Cushing re #21 MOTION for Hearing , #22 MOTION for Hearing re #20 Response to Motion, (Lytle, Matthew) [Transferred from Kansas on 7/13/2018.]
February 16, 2018 Filing 24 REPLY TO RESPONSE TO MOTION by Defendant Todd Cushing re: #17 MOTION for attorney Robert W. Futhey to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4396817.) (Lytle, Matthew) [Transferred from Kansas on 7/13/2018.]
February 9, 2018 DOCKET ANNOTATION: The event on docket entry #23 was changed from Motion to Continue to Motion for Extension of Time File a Response/Reply to #18 MOTION to Dismiss, Stay, or Alternatively Transfer to District of Nebraska. (hw) [Transferred from Kansas on 7/13/2018.]
February 8, 2018 Filing 23 MOTION for Extension of Time File Response/Reply to #18 MOTION to Dismiss , Stay, or Alternatively Transfer to District of Nebraska by Plaintiff Leonid Khayet (Attachments: #1 Exhibit Exhibit 1)(Khayet, Leonid) Modified on 2/9/2018 to correct title (hw). [Transferred from Kansas on 7/13/2018.]
February 7, 2018 Filing 22 MOTION for Hearing re #20 Response to Motion, by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Attachments: #1 Exhibit Exhibit 1)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
February 5, 2018 Filing 21 MOTION for Hearing by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
February 5, 2018 Filing 20 RESPONSE by Plaintiff Leonid Khayet re #17 MOTION for attorney Robert W. Futhey to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4396817.) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Khayet, Leonid) [Transferred from Kansas on 7/13/2018.]
February 2, 2018 Filing 19 MEMORANDUM IN SUPPORT of #18 MOTION to Dismiss , Stay, or Alternatively Transfer to District of Nebraska by Defendant Todd Cushing (Attachments: #1 Exhibit A, #2 Exhibit B)(Lytle, Matthew) [Transferred from Kansas on 7/13/2018.]
February 2, 2018 Filing 18 MOTION to Dismiss , Stay, or Alternatively Transfer to District of Nebraska by Defendant Todd Cushing (Lytle, Matthew) [Transferred from Kansas on 7/13/2018.]
February 2, 2018 Filing 17 MOTION for attorney Robert W. Futhey to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4396817.) by Defendant Todd Cushing (referred to Magistrate Judge Gerald L. Rushfelt) (Attachments: #1 Exhibit Affidavit In Support, #2 Exhibit Futhey Signed PHV Application)(Lytle, Matthew) [Transferred from Kansas on 7/13/2018.]
January 23, 2018 Filing 16 RETURNED Mail received re summons issued 12/15/2017 addressed to American Nebraska Limited Partnership. Marked: Return to Sender - Wrong Address. Not Remailed. (hl) [Transferred from Kansas on 7/13/2018.]
January 17, 2018 Filing 15 SUMMONS RETURNED EXECUTED -- Certified Mail upon Todd Cushing served on 1/12/2018, answer due 2/2/2018. (hl) (Additional attachment added on 1/19/2018: #1 Summons) (hl). [Transferred from Kansas on 7/13/2018.]
January 17, 2018 Filing 14 SUMMONS RETURNED EXECUTED -- Certified Mail upon Jerry Appel served on 1/12/2018. (hl) (Additional attachment added on 1/19/2018: #1 Summons) (hl). [Transferred from Kansas on 7/13/2018.]
January 17, 2018 Filing 13 SUMMONS RETURNED EXECUTED -- Certified Mail upon American Nebraska Limited Partnership served on 1/12/2018. (hl) (Additional attachment added on 1/19/2018: #1 Summons) (hl). [Transferred from Kansas on 7/13/2018.]
January 17, 2018 Filing 12 SUMMONS RETURNED EXECUTED -- Certified Mail upon Nebraska Data Centers LLC served on 1/12/2018. (hl) (Additional attachment added on 1/19/2018: #1 Summons) (hl). [Transferred from Kansas on 7/13/2018.]
December 21, 2017 Filing 11 MOTION to Strike and Withdraw Pleadings re: #1 Complaint, #3 Motion for Leave to Proceed IFP, #4 Affidavit in Support of Motion, #5 Sealed Motion, #6 Exhibits, #7 Sealed Motion by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (hl) [Transferred from Kansas on 7/13/2018.]
December 21, 2017 Filing 10 AMENDED COMPLAINT against Todd Cushing filed by Leonid Khayet. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Affidavit)(hl) [Transferred from Kansas on 7/13/2018.]
December 21, 2017 SUMMONS ISSUED as to Todd Cushing. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (tvn) [Transferred from Kansas on 7/13/2018.]
December 20, 2017 DOCKET ANNOTATION: Plaintiff Leonid Khayet is a registered pro se participant who will receive electronic notification, and who has been issued an ECF login and password for electronic filing.(sw) [Transferred from Kansas on 7/13/2018.]
December 18, 2017 Opinion or Order Filing 9 ORDER - IT IS THEREFORE ORDERED THAT Plaintiff's Motions for Leave to File Under Seal (Doc. 5 and Doc. 7) are DENIED. Signed by Magistrate Judge Gerald L. Rushfelt on 12/18/2017. Mailed to pro se party Leonid Khayet by regular mail. (hl) [Transferred from Kansas on 7/13/2018.]
December 15, 2017 SUMMONS ISSUED as to American Nebraska Limited Partnership, Jerry Appel, Todd Cushing, Nebraska Data Centers LLC, Ralph and Barbara Edwards Insurance Trust (issued to US Marshal for service)(USM-285). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (tvn) [Transferred from Kansas on 7/13/2018.]
December 14, 2017 Opinion or Order Filing 8 ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Gerald L. Rushfelt on 12/14/2017. Mailed to pro se party Leonid Khayet by regular mail. (hl) [Transferred from Kansas on 7/13/2018.]
October 30, 2017 Filing 7 SEALED MOTION for Leave to File Under Seal by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit G, #5 Exhibit J, #6 Exhibit K)(ydm) [Transferred from Kansas on 7/13/2018.]
October 26, 2017 Filing 6 EXHIBIT(S) IN SUPPORT of #1 Complaint. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit G, #4 Exhibit J, #5 Exhibit K)(hw) [Transferred from Kansas on 7/13/2018.]
October 26, 2017 Filing 5 SEALED MOTION for Leave to File Under Seal by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit F, #4 Exhibit H, #5 Exhibit I)(hw) [Transferred from Kansas on 7/13/2018.]
October 26, 2017 Filing 4 AFFIDAVIT of Financial Status re #3 MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by Plaintiff Leonid Khayet (Attachments: #1 Attachment)(hw) (Modified on 12/14/2017 to block document from public view per courts privacy policy. (hl)) [Transferred from Kansas on 7/13/2018.]
October 26, 2017 Filing 3 MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by Plaintiff Leonid Khayet (referred to Magistrate Judge Gerald L. Rushfelt) (Attachments: #1 Attachment)(hw) [Transferred from Kansas on 7/13/2018.]
October 26, 2017 Filing 2 CIVIL COVER SHEET re #1 Complaint by Plaintiff Leonid Khayet. (hw) [Transferred from Kansas on 7/13/2018.]
October 26, 2017 Filing 1 COMPLAINT (No Summons Issued) with trial location of Kansas City, filed by Leonid Khayet. (Attachments: #1 Addendum)(hw) [Transferred from Kansas on 7/13/2018.]

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Defendant: Jerry Appel
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Defendant: Todd Cushing
Represented By: Matthew W. Lytle
Represented By: Robert W. Futhey
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Defendant: Ralph and Barbara Edwards Insurance Trust
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Defendant: Nebraska Data Centers, L.L.C.
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Defendant: American Nebraska Limited Partnership
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Plaintiff: Leonid Khayet
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Plaintiff: Leo Khayet
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