West Corporation v. Kistaitis et al
Plaintiff: West Corporation
Defendant: Jody Kistaitis, Mark Frei and Doug Thompson
Case Number: 8:2019cv00282
Filed: June 26, 2019
Court: US District Court for the District of Nebraska
Presiding Judge: Susan M Bazis
Referring Judge: John M Gerrard
Nature of Suit: Contract: Other
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2019 Opinion or Order Filing 72 TEXT ORDER approving #71 Stipulation. The parties' stipulation is approved. Briefing on the defendant's motion to dismiss #68 is stayed pending discovery and settlement negotiations. Ordered by Chief Judge John M. Gerrard. (DCD)
August 14, 2019 Filing 71 JOINT STIPULATION to Suspend Deadline to Respond to Motion to Dismiss by Attorney Marcia A. Washkuhn on behalf of Plaintiff West Corporation.(Washkuhn, Marcia)
August 2, 2019 Filing 70 NOTICE of Service by Attorney Christopher R. Hedican on behalf of Defendant Mark Frei (Hedican, Christopher)
August 2, 2019 Filing 69 BRIEF in support of Motion to Dismiss the Amended Complaint by Attorney David P. Kennison on behalf of Defendant Mark Frei.(Kennison, David)
August 2, 2019 Filing 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney David P. Kennison on behalf of Defendant Mark Frei.(Kennison, David)
August 2, 2019 Filing 67 DEFENDANT JODY KISTAITIS' ANSWER to Amended Complaint #27 by Jody Kistaitis (McGill, Sarah)
July 31, 2019 Filing 66 NOTICE of SERVICE by Attorney Sarah L. McGill on behalf of Defendant Jody Kistaitis (McGill, Sarah)
July 29, 2019 Filing 65 ANSWER to Amended Complaint #27 by Doug Thompson (Kunhart, Ryan)
July 22, 2019 Opinion or Order Filing 64 TEXT ORDER approving #61 Stipulation for Expedited Discovery. The Stipulation pertaining to expedited discovery related to Mark Frei is approved. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
July 19, 2019 Opinion or Order Filing 63 ORDER - The parties' stipulation (filing #62 ) is approved. The terms of the operative temporary restraining orders (filing #22 and filing #41 ) are extended, pursuant to Fed. R. Civ. P. 65(b)(2), until the parties advise the Court that their expedited discovery tasks are complete. A hearing on preliminary injunction (if necessary) will be scheduled upon receiving such notice. Ordered by Chief Judge John M. Gerrard. (KLF)
July 19, 2019 Filing 62 JOINT STIPULATION to Extend Temporary Restraining Orders Entered Against Jody Kistaitis and Doug Thompson by Attorney Marcia A. Washkuhn on behalf of Plaintiff West Corporation.(Washkuhn, Marcia)
July 18, 2019 Filing 61 JOINT STIPULATION Granting Motion for Expedited Discovery by Attorney Christopher R. Hedican on behalf of Defendant Mark Frei.(Hedican, Christopher)
July 17, 2019 Opinion or Order Filing 60 TEXT ORDER granting #59 Unopposed Motion for Extension of Time to File a Responsive Pleading. Mark Frei shall answer or otherwise respond to the Amended Complaint by August 2, 2019. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
July 17, 2019 Filing 59 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney David P. Kennison on behalf of Defendant Mark Frei.(Kennison, David)
July 17, 2019 Opinion or Order Filing 58 TEXT ORDER granting #57 Unopposed Motion for Extension of Time. Jody Kistaitis shall answer or otherwise respond to the Amended Complaint by August 2, 2019. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
July 16, 2019 Filing 57 UNOPPOSED MOTION to Extend TIME TO FILE ANSWER OR RESPONSIVE PLEADING by Attorney Sarah L. McGill on behalf of Defendant Jody Kistaitis.(McGill, Sarah)
July 15, 2019 Opinion or Order Filing 56 TEXT ORDER denying #18 Motion For Expedited Discovery. Due to the Joint Stipulation #53 , the Motion for Expedited Discovery is denied without prejudice to reassertion at a later date. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
July 15, 2019 Opinion or Order Filing 55 TEXT ORDER approving #53 Joint Stipulation. Plaintiff's Motion for Expedited Discovery #18 will be denied without prejudice to reassertion. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
July 15, 2019 Filing 54 SUMMONS Returned Executed upon defendant Doug Thompson on 7/8/2019. (Washkuhn, Marcia)
July 12, 2019 Filing 53 JOINT STIPULATION regarding MOTION Expedited Discovery #18 AND CONSENT TO EXTEND TRO RELATED TO JODY KISTAITIS by Attorney Sarah L. McGill on behalf of Defendant Jody Kistaitis.(McGill, Sarah)
July 12, 2019 Opinion or Order Filing 52 ORDER - The Stipulation Granting Motion for Expedited Discovery Related to Doug Thompson (Filing No. #50 ) is accepted and approved. Plaintiff's Motion for Expedited Discovery Related to Doug Thompson (Filing No. #34 ) is granted as stipulated by the parties. By 5:00 p.m. on Monday, July 15, 2019, Thompson shall return to West certain documents in his possession that have been discussed by West and Thompson's counsel. Thompson shall provide responses to West's discovery requests attached to Filing No. #34 by 5:00 p.m. on Friday, July 19, 2019. West and Thompson's counsel have advised the Court that they are currently discussing the engagement of a forensic examiner to examine Thompson's electronic devices. Once a forensic examiner is engaged by Thompson, Thompson shall provide his electronic devices for examination within five (5) days of such engagement. Once the above initial discovery is completed, counsel for West and Thompson shall re-confer and attempt to agree upon a new discovery plan for the progression of this matter. Thompson and West agree that the temporary restraining order entered by the Court on July 9, 2019 (Filing No. #41 ) may be extended by the Court by consent and agreement of Thompson and West for at least two weeks following the completion of the discovery tasks and discussion and forensic review, as referenced above. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
July 11, 2019 Filing 51 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Olympus Holdings II, LLC for West Corporation. by Attorney Marcia A. Washkuhn on behalf of Plaintiffs West Corporation, Olympus Holdings II, LLC.(Washkuhn, Marcia)
July 11, 2019 Filing 50 STIPULATION regarding MOTION Expedited Discovery Related to Doug Thompson #34 by Attorney Ryan M. Kunhart on behalf of Defendant Doug Thompson.(Kunhart, Ryan)
July 11, 2019 Opinion or Order Filing 49 ORDER - The parties' stipulation (filing #48 ) is approved. The terms of the operative temporary restraining orders (filing #22 and filing #41 ) are extended, pursuant to Fed. R. Civ. P. 65(b)(2), through July 22, 2019. The hearing previously set for July 11, 2019, is continued until such time as the parties advise the Court that further action is required. Ordered by Chief Judge John M. Gerrard. (KLF)
July 10, 2019 Filing 48 JOINT STIPULATION regarding Order on Motion for TRO,, #41 , Order Setting Hearing on Motion,, #22 to Extend Temporary Restraining Orders and Continue Hearing on Preliminary Injunction by Attorney Kasey M. Cappellano on behalf of Plaintiff West Corporation.(Cappellano, Kasey)
July 10, 2019 Filing 47 NOTICE of Appearance by Attorney David P. Kennison on behalf of Defendant Mark Frei (Kennison, David)
July 10, 2019 Filing 46 SUMMONS Returned Executed upon Jody Kistaitis defendant Jody Kistaitis on 6/27/2019. (Washkuhn, Marcia)
July 9, 2019 Filing 45 NOTICE of Appearance by Attorney Gretchen L. McGill on behalf of Defendant Doug Thompson (McGill, Gretchen)
July 9, 2019 Filing 44 NOTICE of Appearance by Attorney Ryan M. Kunhart on behalf of Defendant Doug Thompson (Kunhart, Ryan)
July 9, 2019 Filing 43 NOTICE of Appearance by Attorney Meaghan M. Gandy on behalf of Plaintiff West Corporation (Gandy, Meaghan)
July 9, 2019 Filing 42 NOTICE of Service of Order Granting in Part Plaintiff's Motion for TRO Against Doug Thompson by Attorney Kasey M. Cappellano on behalf of Plaintiff West Corporation (Cappellano, Kasey)
July 9, 2019 Opinion or Order Filing 41 MEMORANDUM AND ORDER - West's Motion for a Temporary Restraining Order and Preliminary Injunction Against Doug Thompson (filing #28 ) is granted in part. A hearing on preliminary injunction, pursuant to Fed. R. Civ. P. 65(b)(3), is set before the undersigned for July 11, 2019, at 12:00 p.m. in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. At that hearing, the Court will consider whether the terms of this order shall be extended, modified, or dissolved. West's motion for expedited discovery related to Thompson (filing #34 ) is referred to the Magistrate Judge. Ordered by Chief Judge John M. Gerrard. (KLF)
July 8, 2019 Filing 40 NOTICE of Service of Order Setting Hearing Date on Plaintiff's Motion for TRO Against Doug Thompson by Attorney Kasey M. Cappellano on behalf of Plaintiff West Corporation (Cappellano, Kasey)
July 8, 2019 Opinion or Order Filing 39 ORDER - The Court will take up the plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction Against Doug Thompson (filing #28 ) at the hearing set for 12 noon on July 11, 2019 in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The plaintiff is instructed to provide Thompson with notice of this action, motion for temporary injunctive relief, and July 11 hearing. The Court will rule on the request for a temporary restraining order upon being advised that notice has been accomplished. Ordered by Chief Judge John M. Gerrard. (KLF)
July 8, 2019 Filing 38 NOTICE of Service of Documents on Doug Thompson, Jody Kistaitis and Mark Frei by Attorney Kasey M. Cappellano on behalf of Plaintiff West Corporation (Cappellano, Kasey)
July 8, 2019 Opinion or Order Filing 37 TEXT ORDER - Defendants shall reply to Plaintiff's Motion for Expedited Discovery Related to Doug Thompson #34 by July 12, 2019. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
July 8, 2019 Opinion or Order Filing 36 TEXT ORDER granting #29 Motion to Seal. Ordered by Chief Judge John M. Gerrard. (DCD)
July 8, 2019 Filing 35 BRIEF in support of MOTION Expedited Discovery Related to Doug Thompson #34 by Attorney Marcia A. Washkuhn on behalf of Plaintiff West Corporation.(Washkuhn, Marcia)
July 8, 2019 Filing 34 MOTION Expedited Discovery Related to Doug Thompson by Attorney Marcia A. Washkuhn on behalf of Plaintiff West Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Washkuhn, Marcia)
July 8, 2019 Filing 33 Summons Issued as to defendant Doug Thompson regarding Amended Complaint #27 . YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LKO)
July 8, 2019 Filing 32 Summons Requested as to Doug Thompson regarding Amended Complaint #27 . (Washkuhn, Marcia)
July 8, 2019 Filing 29 MOTION to file under Seal Plaintiff's Brief and Index of Evidence in Support of its Motion for Temporary Restraining Order and Preliminary Injunction Against Defendant Thompson by Attorney Marcia A. Washkuhn on behalf of Plaintiff West Corporation.(Washkuhn, Marcia)
July 8, 2019 Filing 28 MOTION for Temporary Restraining Order and Preliminary Injunction Against Doug Thompson by Attorney Marcia A. Washkuhn on behalf of Plaintiff West Corporation.(Washkuhn, Marcia)
July 8, 2019 Filing 27 AMENDED COMPLAINT with with jury demand against Defendant All Defendants, by Attorney Marcia A. Washkuhn on behalf of West Corporation(Washkuhn, Marcia)
July 3, 2019 Filing 26 WAIVER OF SERVICE Returned Executed upon defendant Mark Frei. Waiver sent on 7/3/2019. (Hedican, Christopher)
July 1, 2019 Filing 25 NOTICE of Appearance by Attorney Daniel J. Gutman on behalf of Defendant Jody Kistaitis (Gutman, Daniel)
July 1, 2019 Filing 24 NOTICE of Appearance by Attorney Patrick J. Barrett on behalf of Defendant Jody Kistaitis (Barrett, Patrick)
July 1, 2019 Filing 23 NOTICE of Appearance by Attorney Sarah L. McGill on behalf of Defendant Jody Kistaitis (McGill, Sarah)
June 28, 2019 Opinion or Order Filing 22 MEMORANDUM AND ORDER: West's Motion for a Temporary Restraining Order and Preliminary Injunction #4 is granted in part. This order is effective immediately and shall remain in full force for a period up to and including July 12, 2019, unless extended pursuant to Fed. R. Civ. P. 65(b)(2). A hearing on preliminary injunction, pursuant to Fed. R.Civ. P. 65(b)(3), is set for July 11, 2019, at 12:00 p.m. in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska before Chief Judge John M. Gerrard. West's motion for expedited discovery (filing 18) is referred to the Magistrate Judge. Ordered by Chief Judge John M. Gerrard. (DCD)
June 28, 2019 Filing 21 TEXT MINUTE ENTRY for proceedings held before Chief Judge John M. Gerrard in Lincoln on 6/28/2019. All counsel appeared by telephone. Motion hearing held regarding Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction #4 . Argument by the parties. Matter taken under advisement and order is forthcoming. Appearance for Plaintiff: Kasey M. Cappellano and Marcia A. Washkuhn; Appearance for Defendant Jody Kistaitis: Patrick J. Barrett, Sarah L. McGill, and Daniel J. Gutman; Appearance for Defendant Mark Frei: Christopher R. Hedican; Courtroom Deputy: Kathy Miller; Reporter: Brenda L. Fauber (remote). Time Start: 3:04 PM; Time Stop: 3:49 PM; Time in Court: 45 Minutes. (KMM)
June 28, 2019 Filing 20 BRIEF in opposition to MOTION for Temporary Restraining Order and Preliminary Injunction #4 by Attorney Christopher R. Hedican on behalf of Defendant Mark Frei.(Hedican, Christopher)
June 28, 2019 Filing 19 BRIEF in support of MOTION Expedited Discovery #18 by Attorney Kasey M. Cappellano on behalf of Plaintiff West Corporation.(Cappellano, Kasey)
June 28, 2019 Filing 18 MOTION Expedited Discovery by Attorney Kasey M. Cappellano on behalf of Plaintiff West Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Cappellano, Kasey)
June 27, 2019 Filing 17 NOTICE of Service by Attorney Marcia A. Washkuhn on behalf of Plaintiff West Corporation (Washkuhn, Marcia)
June 27, 2019 Opinion or Order Filing 16 TEXT ORDER granting #6 Motion to Seal. Ordered by Chief Judge John M. Gerrard. (DCD)
June 27, 2019 Opinion or Order Filing 15 PROTECTIVE ORDER - Upon consideration of the West Corporation's request for entry of a Protective Order (Filing No. #5 ), 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 Susan M. Bazis. (KLF)
June 27, 2019 Opinion or Order Filing 14 RESTRICTED CASE CONFERENCE INSTRUCTIONS. 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 Chief Judge John M. Gerrard. (KLF)
June 27, 2019 Opinion or Order Filing 13 ORDER - A telephonic hearing on the plaintiff's motion for temporary restraining order and preliminary injunction (filing #4 ) is set for Friday, June 28, 2019 at 3:00 p.m. before Judge John M. Gerrard. A separate order will be filed with instructions for participating in the telephonic hearing. The plaintiff's counsel are directed, to the extent possible, to provide the defendants and/or their counsel with notice of the hearing and instructions for participating. Ordered by Chief Judge John M. Gerrard. (KLF)
June 27, 2019 Filing 11 Summons Issued as to defendants Mark Frei and Jody Kistaitis. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LKO)
June 27, 2019 Filing 10 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff West Corporation. 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. (LKO)
June 27, 2019 Filing 9 ATTORNEY LETTER by Clerk that Attorney Kasey M. Cappellano has not paid the biennial assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
June 27, 2019 Filing 8 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge John M. Gerrard and Magistrate Judge Susan M. Bazis assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO)
June 26, 2019 Filing 6 MOTION to file under Seal Plaintiff's Brief and Index of Evidence by Attorney Marcia A. Washkuhn on behalf of Plaintiff West Corporation.(Washkuhn, Marcia)
June 26, 2019 Filing 5 MOTION for Protective Order by Attorney Marcia A. Washkuhn on behalf of Plaintiff West Corporation.(Washkuhn, Marcia)
June 26, 2019 Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Attorney Marcia A. Washkuhn on behalf of Plaintiff West Corporation.(Washkuhn, Marcia)
June 26, 2019 Filing 3 Summons Requested as to Mark Frei regarding Complaint #1 . (Washkuhn, Marcia)
June 26, 2019 Filing 2 Summons Requested as to Jody Kistaitis regarding Complaint #1 . (Washkuhn, Marcia)
June 26, 2019 Filing 1 COMPLAINT with jury demand against All Defendants ( Filing fee $ 400, receipt number ANEDC-3967551), by Attorney Marcia A. Washkuhn on behalf of West Corporation(Washkuhn, Marcia)

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Search for this case: West Corporation v. Kistaitis et al
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Plaintiff: West Corporation
Represented By: Marcia A. Washkuhn
Represented By: Kasey M. Cappellano
Represented By: Meaghan M. Gandy
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Defendant: Jody Kistaitis
Represented By: Daniel J. Gutman
Represented By: Patrick J. Barrett
Represented By: Sarah L. McGill
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Defendant: Mark Frei
Represented By: David P. Kennison
Represented By: Christopher R. Hedican
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Defendant: Doug Thompson
Represented By: Gretchen L. McGill
Represented By: Ryan M. Kunhart
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