Foster v. Sandy Pine Systems, Inc. et al
| Janet K. Foster |
| Sandy Pine Systems, Inc. and Auxiant Properties, L.L.C. |
| 8:2022cv00304 |
| August 24, 2022 |
| US District Court for the District of Nebraska |
| Brian C Buescher |
| Cheryl R Zwart |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.
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Filing 15
RESTRICTED CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing 14
TEXT ORDER - IT IS ORDERED: 1) A Telephone Conference is set for October 24, 2022 at 11:00 a.m. before the undersigned magistrate judge. The parties shall use the conferencing instructions to be assigned to this case to participate in the call. 2) Plaintiff's unopposed motion to extend the response deadline as to Defendants' motion to dismiss is granted. (Filing No. #13 ). Plaintiff's response deadline is now October 31, 2022. Any reply shall be filed in accordance with the Local Rules. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 13 MOTION for Enlargement of Time by Attorney Maren L. Chaloupka on behalf of Plaintiff Janet K. Foster.(Chaloupka, Maren) |
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Filing 12
ORDER- The clerk shall regenerate all ECF notices for this case. On or before October 17, 2022, counsel for the parties shall contact chambers at zwart@ned.uscourts.gov or (402) 437-1670 to schedule atelephone conference before the undersigned magistrate judge. Ordered by Magistrate Judge Cheryl R. Zwart. (ECF notifications have been regenerated as directed)(MKR)
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| Filing 11 NOTICE of Appearance by Attorney Maren L. Chaloupka on behalf of Plaintiff Janet K. Foster (Chaloupka, Maren) |
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Filing 10
ORDER granting the #9 Motion to Withdraw as Attorney filed by Nathan P. Husak, as counsel of record for Plaintiff. he shall no longer receive notice in this case. On or before November 2, 2022, Plaintiff shall either: (a) obtain the services of counsel and have that attorney file an appearance in this case; or (b) file a statement notifying the court of her intent to litigate this case without the assistance of counsel. The failure to do so may result in dismissal of Plaintiff's claims without further notice. The Clerk shall mail a copy of this order to Nathan P. Husak and to Plaintiff at the following addresses:Nathan P. Husak, Bruner, Frank Law Firm, 5804 1st Avenue, P.O. Box 2230, Kearney, NE, 68848-2230; Janet K. Foster, Personal Representative of the Estate of Michael E. Foster, P. O. Box 581, Bassett, NE 68714. The Clerk shall terminate the attorney deadline set in Filing No. 5, and the Show Cause Deadline set in Filing No. 8, as Nathan P. Husak has withdrawn as counsel for Plaintiff. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed)(MKR)
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| Filing 9 MOTION to Withdraw as Attorney by Attorney Nathan P. Husak on behalf of Plaintiff Janet K. Foster.(MKR) |
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Filing 8
ORDER TO SHOW CAUSE - On or before October 11, 2022, Attorney Nathan P. Husak must register for the System and update his contact information in PACER, or show cause by written affidavit why compliance is not possible as required under the rules of the court. The clerk shall send a copy of this order to Nathan P. Husak at the following address: Nathan P. Husak, Bruner, Frank Law Firm, 5804 1st Avenue, P.O. Box 2230, Kearney, NE 68848. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed as directed)(MKR)
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| Filing 7 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #6 by Attorney Timothy J. Thalken on behalf of Defendants Auxiant Properties, L.L.C., Sandy Pine Systems, Inc..(Thalken, Timothy) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Timothy J. Thalken on behalf of Defendants Auxiant Properties, L.L.C., Sandy Pine Systems, Inc..(Thalken, Timothy) |
| Filing 5 ATTORNEY LETTER by Clerk that Attorney Nathan P. Husak has not registered for the system. 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. (JES) |
| Filing 4 TEXT NOTICE OF JUDGES ASSIGNED: Judge Brian C. Buescher and Magistrate Judge Cheryl R. Zwart 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. (JES) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Timothy J. Thalken on behalf of Defendant Sandy Pine Systems, Inc..(Thalken, Timothy) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Other Affiliate Brian Beck, Other Affiliate Amy O'Deen, Other Affiliate Joseph Holt, Other Affiliate John Chapman, Other Affiliate Gary Ward, Other Affiliate Andy Cutter for Auxiant Properties, L.L.C.. by Attorney Timothy J. Thalken on behalf of Defendants Auxiant Properties, L.L.C., Amy O'Deen, Brian Beck, Joseph Holt, John Chapman, Gary Ward, Andy Cutter.(Thalken, Timothy) |
| Filing 1 NOTICE OF REMOVAL against All Defendants from District Court of Rock County, Nebraska, Case number CI 22-0009 ( Filing fee $ 402, receipt number ANEDC-4698085) with attached state court pleadings, by Attorney Timothy J. Thalken on behalf of Sandy Pine Systems, Inc., Auxiant Properties, L.L.C. (Attachments: #1 Exhibit District Court Pleadings)(Thalken, Timothy) |
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