Counts v. SPAR Group, Inc.
| Octavius Demonne Counts, Sr. |
| SPAR Group, Inc. |
| 8:2021cv00338 |
| September 1, 2021 |
| US District Court for the District of Nebraska |
| Brian C Buescher |
| Pro Se Docket |
| Richard G Kopf |
| Cheryl R Zwart |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on December 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 SUMMONS Returned Executed upon defendant SPAR Group, Inc. on 10/15/2021. (LKO) |
Filing 12
TEXT ORDER denying #11 Motion to Issue Subpoena. Plaintiff's "motion to issue subpoena" is construed as a motion for expedited discovery and is denied without prejudice. Plaintiff has not made the requisite showing to obtain early discovery in this matter. Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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| Filing 11 MOTION to Issue Subpoena on behalf of Plaintiff Octavius Demonne Counts, Sr.. (LKO) |
| Filing 10 Subpoena Returned unexecuted as to Walmart Supercenter. (LKO) |
| Filing 9 Summons Issued (COPY) as to defendant SPAR Group, Inc. regarding Complaint - Pro Se #1 and Memorandum and Order #7 . Summons and USM 285 Form provided to the U.S. Marshal for completion of service. (LKO) |
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Filing 8
REASSIGNMENT ORDER - Pursuant to the supervising pro se judge's order of September 22, 2021 (Filing No. #7 ), this case is reassigned to District Judge Brian C. Buescher for disposition and Magistrate Judge Cheryl R. Zwart for judicial supervision. Ordered by Chief Judge Robert F. Rossiter, Jr.. (Copy e-mailed to pro se party) (LKO)
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Filing 7
MEMORANDUM AND ORDER - This matter may proceed to service of process. To obtain service of process on Defendant, Plaintiff must complete and return the summons form that the Clerk of Court will provide. The Clerk of Court shall send one summons form and one USM-285 form to Plaintiff, together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of Court. Otherwise, service of process cannot occur. Upon receipt of the completed forms, the Clerk of Court will sign the summons form and forward it together with one copy each of the Complaint (Filing #1 ) and this Memorandum and Order to the United States Marshals Service for service of process on Defendant. The Marshals Service shall serve the Defendant using any of the methods authorized by Fed. R. Civ. P. 4(h) for service on a corporation. 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 court's own motion, an extension of time until 90 days from the date of this order to complete service of process. Plaintiff's subpoena (Filing #6 ), treated as a motion, is denied without prejudice. 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's office shall randomly assign new judges to this case and request a reassignment order from the Chief Judge. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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| Filing 6 MOTION for Subpoena on behalf of Plaintiff Octavius Demonne Counts, Sr.. (LKO) |
| Remark - Public: CM/ECF NextGen e-filing request from pro se plaintiff Octavius Demonne Counts, Sr. Access granted on 9/9/2021. (JLS) |
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Filing 5
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 his case will be for the court to conduct an initial review of his 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 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 Judge John M. Gerrard. (Copy mailed to pro se party)(LKO)
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| Filing 3 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Octavius Demonne Counts, Sr.. (LKO) |
| Filing 1 COMPLAINT against SPAR Group, Inc. filed on behalf of pro se plaintiff Octavius Demonne Counts, Sr. (LKO) |
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| Plaintiff: Octavius Demonne Counts, Sr. | |
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| Defendant: SPAR Group, Inc. | |
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