Garcia v. Bimbo Bakeries USA, Inc. et al
Plaintiff: Aris V. Garcia
Defendant: Bimbo Bakeries USA, Inc. and International Union of Operating Engineers Local 571
Case Number: 8:2020cv00232
Filed: June 17, 2020
Court: US District Court for the District of Nebraska
Presiding Judge: Joseph F Bataillon
Referring Judge: Susan M Bazis
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1981
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2020 Filing 41 Request for Granting Motions on behalf of Plaintiff Aris V. Garcia. (LKO)
August 14, 2020 Filing 40 REQUEST to Submit Rule 26(f) Report on behalf of Plaintiff Aris V. Garcia. (Attachments: #1 Rule 26(f) Report) (LKO)
August 12, 2020 Opinion or Order Filing 39 TEXT ORDER granting #38 Motion to Extend. The Rule 26(f) report and initial disclosures deadline is stayed until ten days following the Court's ruling on Defendant's partial motion to dismiss #15 and Plaintiff's motion for default judgment #17 . The parties shall contact the Court at bazis@ned.uscourts.gov within seven days of the Court's rulings on these motions. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
August 11, 2020 Filing 38 MOTION to Extend Defendants' Motion to Suspend Deadlines for Rule 26 Plan and Rule 26 Disclosures by Attorney Harrison Kuntz on behalf of Defendant Bimbo Bakeries USA, Inc..(Kuntz, Harrison)
August 11, 2020 Filing 37 REPLY regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT BIMBO BAKERIES USA, INC.S PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR FOR PARTIAL JUDGMENT ON THE PLEADINGS #15 by Attorney Harrison Kuntz on behalf of Defendant Bimbo Bakeries USA, Inc..(Kuntz, Harrison)
August 10, 2020 Filing 36 DISCLOSURE per Rule 26(A)(1) of Local 571 by Attorney Timothy S. Dowd on behalf of Defendant International Union of Operating Engineers Local 571.(Dowd, Timothy)
August 4, 2020 Filing 35 SUPPLEMENT on behalf of Plaintiff Aris V. Garcia. (LKO)
August 4, 2020 Filing 34 MOTION to Amend Count II Breach of Implied in fact Contract and Count III Claim against Union and Employer Labor Management Relations Act on behalf of Plaintiff Aris V. Garcia. (LKO)
August 4, 2020 Filing 33 RESPONSE to Dismiss Count II Breach of Implied in fact Contract and Count III Claim against Union and Employer Labor Management Relations Act on behalf of Plaintiff Aris V. Garcia. (LKO) Modified on 8/5/2020 (LRH).
August 4, 2020 Filing 32 RESPONSE to Dismiss Count II Breach of Implied in fact Contract and Count III Claim against Union and Employer Labor Management Relations Act on behalf of Plaintiff Aris V. Garcia. (LKO) Modified on 8/5/2020 (LRH).
August 4, 2020 Filing 31 MOTION for Oral Argument on behalf of Plaintiff Aris V. Garcia. (LKO)
July 31, 2020 Opinion or Order Filing 30 TEXT ORDER granting #29 Motion to Extend. Defendant Bimbo Bakeries USA, Inc. shall file its reply brief in support of its motion to dismiss #15 by August 6, 2020. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
July 31, 2020 Filing 29 MOTION to Extend MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT BIMBO BAKERIES USA, INC.S PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR FOR PARTIAL JUDGMENT ON THE PLEADINGS #15 by Attorney Kerri S. Reisdorff on behalf of Defendant Bimbo Bakeries USA, Inc..(Reisdorff, Kerri)
July 27, 2020 Filing 28 RESTRICTED SUPPLEMENT on behalf of Plaintiff Aris V. Garcia. 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). (LKO)
July 27, 2020 Filing 27 SUPPLEMENT on behalf of Plaintiff Aris V. Garcia. (LKO)
July 27, 2020 Filing 26 SUPPLEMENT on behalf of Plaintiff Aris V. Garcia. (LKO)
July 27, 2020 Filing 25 SUPPLEMENT on behalf of Plaintiff Aris V. Garcia. (LKO)
July 27, 2020 Filing 24 RESTRICTED SUPPLEMENT on behalf of Plaintiff Aris V. Garcia. 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). (LKO)
July 27, 2020 Filing 23 RESTRICTED SUPPLEMENT on behalf of Plaintiff Aris V. Garcia. 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). (LKO)
July 20, 2020 Filing 22 TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Objection #20 is stricken for the following reason: the document is a duplicate of document number #19 . Ordered by Deputy Clerk. (ADB)
July 20, 2020 Filing 21 MOTION for Extension of Time to File a Responsive Pleading to Plaintiff's Complaint Out of Time by Attorney Timothy S. Dowd on behalf of Defendant International Union of Operating Engineers Local 571.(Dowd, Timothy)
July 17, 2020 Filing 20 STRICKEN - OBJECTION to Motion for Default Judgment #17 by Attorney Timothy S. Dowd on behalf of Defendant International Union of Operating Engineers Local 571.(Dowd, Timothy) Modified on 7/20/2020 to strike per order 22 (ADB).
July 17, 2020 Filing 19 OBJECTION to Motion for Default Judgment #17 by Attorney Timothy S. Dowd on behalf of Defendant International Union of Operating Engineers Local 571.(Dowd, Timothy)
July 17, 2020 Filing 18 MOTION for Extension of Time to File a Responsive Pleading by Attorney Timothy S. Dowd on behalf of Defendant International Union of Operating Engineers Local 571.(Dowd, Timothy)
July 16, 2020 Filing 17 MOTION for Default Judgment against International Union of Operating Engineers Local 571 filed by Plaintiff Aris V. Garcia. (JAB)
July 15, 2020 Filing 16 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT BIMBO BAKERIES USA, INC.S PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR FOR PARTIAL JUDGMENT ON THE PLEADINGS #15 by Attorney Harrison Kuntz on behalf of Defendant Bimbo Bakeries USA, Inc..(Kuntz, Harrison)
July 15, 2020 Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT BIMBO BAKERIES USA, INC.S PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR FOR PARTIAL JUDGMENT ON THE PLEADINGS by Attorney Harrison Kuntz on behalf of Defendant Bimbo Bakeries USA, Inc..(Kuntz, Harrison)
July 14, 2020 Opinion or Order Filing 14 SCHEDULING ORDER - Rule 26 Meeting Report Deadline set for 8/13/2020. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
July 14, 2020 Opinion or Order Filing 13 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 Magistrate Judge Susan M. Bazis. (LKO)
July 13, 2020 Filing 12 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Timothy S. Dowd on behalf of Defendant International Union of Operating Engineers Local 571.(Dowd, Timothy)
July 13, 2020 Filing 11 ANSWER to Complaint by International Union of Operating Engineers Local 571 (Dowd, Timothy)
July 13, 2020 Filing 10 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Kerri S. Reisdorff on behalf of Defendant Bimbo Bakeries USA, Inc..(Reisdorff, Kerri)
July 13, 2020 Filing 9 ANSWER to #1 Complaint, by Bimbo Bakeries USA, Inc. (Kuntz, Harrison)
July 9, 2020 Filing 8 TEXT ORDER granting Motion for Admission Pro Hac Vice #7 for attorney Harrison Kuntz. Ordered by Deputy Clerk. (JLS)
July 9, 2020 Filing 7 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4193736 by Attorney Harrison Kuntz on behalf of Defendant Bimbo Bakeries USA, Inc..(Kuntz, Harrison)
July 8, 2020 Remark - Public: CM/ECF NextGen e-filing request from pro se plaintiff Aris V. Garcia received and access granted on 7/8/20. (JLS)
June 24, 2020 Filing 6 SUMMONS Returned Executed upon defendant International Union of Operating Engineers Local 571 on 6/17/2020. (TCL)
June 24, 2020 Filing 5 SUMMONS Returned Executed upon defendant Bimbo Bakeries USA, Inc. on 6/17/2020. (TCL)
June 17, 2020 Opinion or Order Filing 4 GENERAL ORDER NO. 2020-01: This general order provides for the management and assignment of cases filed by a plaintiff or petitioner without counsel. This general order also includes the definition of the pro se docket, responsibilities of the pro se law clerks and scheduling and discovery requirements in pro se cases. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party)(LKO)
June 17, 2020 Filing 3 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO)
June 17, 2020 Filing 2 Summons Issued (COPY) as to defendants Bimbo Bakeries USA, Inc. and International Union of Operating Engineers Local 571. Originals given to plaintiff for service. (LKO)
June 17, 2020 Filing 1 COMPLAINT with jury demand against Bimbo Bakeries USA, Inc. and International Union of Operating Engineers Local 571. 2 Summonses issued; with receipt number 8056553, in the amount of $400 filed on behalf of pro se plaintiff Aris V. Garcia. (LKO)
June 17, 2020 FILING FEE PAID on behalf of Plaintiff Aris V. Garcia. Receipt number 8056553, in the amount of $400.00. (LKO)

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Defendant: Bimbo Bakeries USA, Inc.
Represented By: Kerri S. Reisdorff
Represented By: Harrison Kuntz
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Defendant: International Union of Operating Engineers Local 571
Represented By: Timothy S. Dowd
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Plaintiff: Aris V. Garcia
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