Hill v. Life Line Screening of America, LLC
| Gloria E. Hill and Gloria Hill |
| Michaelle L. Baumert, Nebraska Equal Employment Opportunity Commission and Life Line Screening of America, LLC |
| 8:2021cv00161 |
| April 19, 2021 |
| US District Court for the District of Nebraska |
| Pro Se Docket |
| John M Gerrard |
| Richard G Kopf |
| Michael D Nelson |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 36 MANDATE from USCA - 8th Circuit (22-2187) In accordance with the judgment of 06/07/2022, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (LKO) |
| Filing 35 JUDGMENT from USCA - 8th Circuit (22-2187) The court has carefully reviewed the original file of the United States District Court and orders that this appeal be dismissed for lack of jurisdiction. (Attachments: #1 Cover Letter) (LKO) |
| Filing 34 COPY of Order from USCA - 8th Circuit (22-2187) If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, CDs, videos, administrative records and state court files. These documents should be submitted within 10 days. (LKO) |
| Filing 33 Letter by Clerk of USCA - 8th Circuit (22-2187) regarding Notice of Appeal to USCA #29 . (Attachments: #1 Pro Se NDA) (LKO) |
| Filing 32 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA #29 , Memorandum and Order #27 , Judgment - Pro Se #28 , and Order granting IFP #31 . Notice of Appeal filed on 6/4/22 by Plaintiff Gloria Hill. (LKO) |
Filing 31
ORDER permitting the defendant to proceed on appeal in forma pauperis regarding Notice of Appeal to USCA #29 filed by Gloria Hill. Ordered by Judge John M. Gerrard.(Copy e-mailed to pro se party) (LKO)
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| Filing 30 COPY OF IFP MEMO prepared by Deputy Clerk and sent to District Judge John M. Gerrard regarding Notice of Appeal to USCA #29 as to Plaintiff Gloria Hill. (LKO) |
| Filing 29 NOTICE OF APPEAL regarding Notice of Appearance #22 , Notice Regarding Corporate Disclosure Statement,, 25 , Notice of Appearance #21 Pro se on behalf of Plaintiff Gloria Hill. (Attachments: #1 Notice - Civil Appeals in Pro Se Cases Notice of Appeal)(Hill, Gloria) |
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Filing 28
JUDGMENT - PRO SE - For the reasons stated in the Court's memorandum and order of September 27, 2021 (filing #13 ), memorandum and order of February 7, 2022 (filing #17 ), and the accompanying memorandum and order, the plaintiff's claims are dismissed. (Attachments: #1 Notice - Civil Appeals in Pro Se Cases) Ordered by Judge John M. Gerrard. (Copy e-mailed to pro se party) (LKO)
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Filing 27
MEMORANDUM AND ORDER - Life Line's motion to dismiss (filing #23 ) is granted. The plaintiff's claims are dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (Copy e-mailed to pro se party) (LKO)
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| Filing 26 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Other Affiliate Life Line Screening Holdings, LLC for Life Line Screening of America, LLC. by Attorney Quinn R. Eaton on behalf of Defendants Life Line Screening of America, LLC, Life Line Screening Holdings, LLC.(Eaton, Quinn) |
| Filing 25 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Life Line Screening of America, LLC. 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. (KMM) |
| Filing 24 BRIEF in support of MOTION to Dismiss #23 by Attorney Quinn R. Eaton on behalf of Defendant Life Line Screening of America, LLC.(Eaton, Quinn) |
| Filing 23 MOTION to Dismiss by Attorney Quinn R. Eaton on behalf of Defendant Life Line Screening of America, LLC.(Eaton, Quinn) |
| Filing 22 NOTICE of Appearance by Attorney Quinn R. Eaton on behalf of Defendant Life Line Screening of America, LLC (Eaton, Quinn) |
| Filing 21 NOTICE of Appearance by Attorney Michaelle L. Baumert on behalf of Defendant Life Line Screening of America, LLC (Baumert, Michaelle) |
| Filing 20 SUMMONS Returned Executed upon defendant Life Line Screening of America, LLC on 2/9/2022. (LKO) |
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Filing 19
REASSIGNMENT ORDER - Pursuant to the supervising pro se judge's order of February 7, 2022 (Filing No. #17 ), this case is reassigned to District Judge John M. Gerard for disposition and Magistrate Michael D. Nelson for judicial supervision. Ordered by Chief Judge Robert F. Rossiter, Jr.. (Copy e-mailed to pro se party)(LKO)
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| Filing 18 Summons Issued (COPY) as to defendant Life Line Screening of America, LLC regarding Complaint - Pro Se #1 , Memorandum and Order #13 , Amended Complaint #15 , and Memorandum and Order #17 . Originals provided to the U.S. Marshal's along with USM 285 Forms for completion of service. (LKO) |
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Filing 17
MEMORANDUM AND ORDER - Plaintiff's retaliation claims under the ADA, Title VII, the NFEPA, the ADEA, and the NADEA may proceed to service of process against Defendant Life Line Screening of America, LLC. Plaintiff's Complaint and Amended Complaint fail to state plausible claims for relief for national-origin or religious discrimination, disability discrimination, and age discrimination, and such claims are dismissed without prejudice. For service of process on Defendant Life Line Screening of America, LLC, the Clerk of Court is directed to complete a summons form and a USM-285 form for such Defendant using the address "Life Line Screening of America, LLC, Attn: Human Resource Director, 901 S. Mopac Expressway, Building 2, Suite 130, Austin, TX 78746" and forward them together with a copy of the Complaint (Filing #1 ), the Amended Complaint (Filing #15 ), a copy of this court's previous Memorandum and Order on initial review (Filing #13 ), and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Life Line Screening of America, LLC, at 901 S. Mopac Expressway, Building 2, Suite 130, Austin, TX 78746. Service may also be accomplished by using any of the following methods: residence, certified mail, or designated delivery service upon any officer, director, managing agent, or registered agent, or by leaving the process at Defendant's registered office with a person employed therein, or by certified mail or designated delivery service to Defendant's registered office. See Federal Rule of Civil Procedure 4(h); Neb. Rev. Stat. 25-509.01. The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, Plaintiff is granted, on the courts own motion, an extension of time until 90 days from the date of this order to complete service of process. The Clerk of Court shall set a case-management deadline accordingly. Because this non-prisoner case is proceeding to service of process, and at the direction of the court, this case is removed from the pro se docket. The Clerk of Court shall randomly assign new judges to this case and shall request a reassignment order from the Chief Judge. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Filing #16 ) is denied as moot because Plaintiff has already been granted leave to proceed in forma pauperis (Filing #11 ). Plaintiff shall keep the court informed of her current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. Ordered by Senior Judge Richard G. Kopf. (Copy e-mailed to pro se party)(LKO)
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| Filing 16 FINAL MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Gloria Hill. (Attachments: #1 forma pauperis pg 2)(Hill, Gloria) |
| Filing 15 RESPONSE amended claim on behalf of Plaintiff Gloria Hill.(Hill, Gloria) |
| Remark - Public: CM/ECF NextGen e-filing request from pro se plaintiff Gloria Hill received. Access granted on 10/25/21. (JLS) |
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Filing 13
MEMORANDUM AND ORDER - Defendants Michaelle L. Baumert and the Nebraska Equal Employment Opportunity Commission are dismissed without prejudice, and such parties shall no longer be parties to this action. Plaintiff's Complaint states retaliation claims under the ADA, Title VII, the NFEPA, the ADEA, and the NADEA. However, Plaintiff's Complaint fails to state plausible claims for relief for national-origin or religious discrimination, disability discrimination, and age discrimination. Plaintiff shall have 30 days to file an amended complaint in accordance with this Memorandum and Order. Failure to file an amended complaint within the time specified by the court will result in the dismissal of Plaintiff's discrimination claims without prejudice, and Plaintiff's retaliation claims will proceed to service of process. Plaintiff's amended complaint shall consist of relevant allegations from her original Complaint (Filing #1 ) and any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims. Plaintiff is warned that an amended complaint will supersede, not supplement, her prior pleadings. The court reserves the right to conduct further review of Plaintiff's claims pursuant to 28 U.S.C. 1915(e) in the event she files an amended complaint. The Clerk of the Court is directed to set a pro se case management deadline using the following text: October 27, 2021 amended complaint due. Plaintiff shall keep the court informed of her current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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| Filing 12 LETTER status on behalf of Plaintiff Gloria Hill.(Hill, Gloria) |
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Filing 11
ORDER - that leave to proceed in forma pauperis is granted, and the Complaint shall be filed without payment of fees. Plaintiff is advised that the next step in her case will be for the court to conduct an initial review of her claims to determine whether summary dismissal is appropriate under 28 U.S.C. 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing 9
MEMORANDUM AND ORDER - Plaintiff's Motion to Proceed In Forma Pauperis (Filing #7 ) is denied without prejudice to filing such motion on Form AO240. To ensure that Plaintiff has the proper form with which to request in forma pauperis status, the Clerk of Court shall send a copy of this order and Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit") to Plaintiff electronically. Plaintiff shall submit the $402.00 filing fee to the Clerk of Court or submit a request to proceed in forma pauperis on Form AO240 on or before June 15, 2021. The Clerk of Court is directed to set a pro se case management deadline as follows: June 15, 2021 MIFP or payment due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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| Filing 8 Mail Returned as Undeliverable addressed to Gloria Hill at 14622 Morman Street, Bennington, NE 68807 regarding Order #4 . E-mail resent to dmsready@mail.com. (LKO) |
| Filing 7 FINAL MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Gloria Hill.(Hill, Gloria) |
| Remark - Public: CM/ECF NextGen e-filing request from pro se plaintiff Gloria Hill (also known as Gloria E. Hill) received. Plaintiff's name was modified on this case to match the name on her PACER account. The plaintiff's name on the docket sheet now reflects Gloria Hill with an alias of Gloria E. Hill. Access granted on 5/4/21. (JLS) Modified on 5/4/2021 (JLS). |
| Filing 5 Mail Returned as Undeliverable addressed to Gloria E. Hill at 14622 Morman Street, Bennington, NE 68007 regarding Notice by Clerk (Pro Se Case) #2 and Order - Pro Se GO 2020-01 #3 . Mail resent to P.O. Box 1585, Gilroy, CA 95021. (LKO) |
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Filing 4
ORDER - Plaintiff is directed to submit the $402.00 fees to the clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. The clerk of the court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: May 21, 2021: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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Filing 3
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)
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| Filing 2 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) |
| Filing 1 COMPLAINT with jury demand against Michaelle L. Baumert, Life Line Screening of America, LLC, and Nebraska Equal Employment Opportunity Commission filed on behalf of pro se plaintiff Gloria E. Hill. (LKO) (Additional attachment(s) added on 4/19/2021: #1 Restricted Attachment ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT.) (LKO). |
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