Beber v. Navsav Holdings, LLC
| Austin Michael Beber |
| Navsav Holdings, LLC |
| 8:2023cv00323 |
| July 27, 2023 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Brian C Buescher |
| Michael D Nelson |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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| Filing 34 NOTICE of a Filing by Attorney Gregory C. Scaglione on behalf of Plaintiff Austin Michael Beber (Attachments: #1 Exhibit A - Order in Texas Case, #2 Exhibit B - Response in Texas Case)(Scaglione, Gregory) |
| Filing 33 TRANSCRIPT (UNREDACTED) of preliminary injunction proceedings before District Judge Brian C. Buescher held on August 18, 2023. Pages 1 through 95. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 7 calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. 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). Redaction Request due 9/29/2023. Redacted Transcript Deadline set for 10/9/2023. Release of Transcript Restriction set for 12/7/2023. (BLF) |
Filing 32
TEXT ORDER granting #31 Joint Motion for Extension of Time to Respond to Defendant's Pending Motions. Plaintiff shall have an extension of time to September 26, 2023, to file its opposition to Defendant's Motion to Dismiss or in the Alternative, Motion to Transfer Venue #11 . Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 31 JOINT MOTION to Extend Time to Respond to Defendant's Pending Motions Index, #14 , Brief #13 , MOTION to Dismiss OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE #11 by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC.(Wentz, Kenneth) |
| Filing 30 REQUEST FOR TRANSCRIPT for proceedings held on August 18, 2023 before District Judge Brian C. Buescher Request for Transcript for hearing held on August 18, 2023 regarding Minutes, Filing 24 Motion Hearing,, by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC.(Wentz, Kenneth) |
| Filing 29 SCHEDULING LETTER from USCA - 8th Circuit as to Interlocutory Appeal( #27 in 8:23-cv-00323-BCB-MDN). Transcript Designation set for 10/10/2023. (Attachments: #1 Letter by Clerk from USCA)(JES) |
| Filing 28 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Interlocutory Appeal #27 , Preliminary Injunction #26 , and Memorandum and Order #25 . Notice of Appeal filed on 8/28/2023 by Defendant Navsav Holdings, LLC. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERKS OFFICE. (JES) Modified on 8/28/2023 to include Memorandum and Order (JES). |
| Filing 27 INTERLOCUTORY APPEAL regarding Preliminary Injunction,, #26 , Order on Motion for TRO #25 Filing fee $ 505, receipt number ANEDC-4929046. (Wentz, Kenneth) |
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Filing 26
PRELIMINARY INJUNCTION - Under Federal Rule of Civil Procedure 65(c), the bond of $1,000 or $1,000 cash in lieu of bond posted by each Plaintiff in this Court is sufficient for the payment of such costs and damages as may be incurred or suffered by any party who is subsequently found to be wrongfully enjoined or restrained hereby and that bond or security shall continue for the Preliminary Injunction. Therefore, this Preliminary Injunction shall issue immediately. Ordered by Judge Brian C. Buescher. (JES)
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Filing 25
MEMORANDUM AND ORDER - The Motion for Preliminary Injunction in each case is granted. Separate Preliminary Injunctions will issue in each case. Ordered by Judge Brian C. Buescher. (JES)
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| Filing 24 TEXT MINUTE ENTRY for proceedings held before Judge Brian C. Buescher. Motion Hearing held on 8/18/2023 regarding MOTION for Temporary Restraining Order #4 . Court takes judicial notice of previously filed exhibits. Amended Exhibit List Filing No. #23 is stricken for the reasons set forth on the record. Evidence and argument by parties. Matter taken under advisement. Written order forthcoming. Hearing held in Omaha. Courtroom Deputy: Tracy McKibben; Reporter: Brenda Fauber; Appearance for Plaintiff: Gregory C. Scaglione, Andrew Tugan: Appearance for Defendant: Kenneth M. Wentz, III. Time Start: 9:02 a.m.; Time Stop: 10:25 a.m.; Time in Court: 40 minutes. (TJM) |
| Filing 23 STRICKEN - PROPOSED EXHIBIT LIST Plaintiff's Amended List of Exhibits by Attorney Gregory C. Scaglione on behalf of Plaintiff Austin Michael Beber. (Scaglione, Gregory) Modified on 8/18/2023 to strike per Filing 24 (TJM). |
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Filing 22
TEXT ORDER granting #21 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Pending Motions. Plaintiff shall have an extension of time to September 8, 2023, to file its opposition to Defendant's Motion to Dismiss or in the Alternative, Motion to Transfer Venue #11 . Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 21 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading Plaintiffs Unopposed Motion To Extension of Time to Respond to Defendants Pending Motions by Attorney Gregory C. Scaglione on behalf of Plaintiff Austin Michael Beber.(Scaglione, Gregory) |
| Filing 20 NOTICE of Appearance by Attorney Andrew Tugan on behalf of Plaintiff Austin Michael Beber (Tugan, Andrew) |
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Filing 19
ORDER - The Ex Parte Temporary Restraining Order entered by the District Court of Douglas County, Nebraska, in this case on July 21, 2023, and currently set to expire at 5:00 p.m. CDT on August 14, 2023, is extend upon consent of Defendant to the earlier of 7 days after the preliminary injunction hearing scheduled below or the issue is otherwise decided by the Court pursuant to Federal Rule of Civil Procedure 65(b)(2). The Ex Parte Temporary Restraining Order remains in full force and effect until that time. The joint hearing on the Motions for Preliminary Injunction in these cases currently scheduled for 9:30 a.m. CDT on Monday, August 7, 2023, is now continued to 9:00 a.m. CDT on Friday, August 18, 2023. All other requirements for the hearing remain in effect. No additional briefing or exhibits shall be filed except upon a motion showing exceptional necessity and an order of the Court. Ordered by Judge Brian C. Buescher. (JES)
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| Filing 18 UNOPPOSED MOTION to Continue the Preliminary Injunction Hearing and Consent to Extension of Temporary Restraining Order by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC.(Wentz, Kenneth) |
| Filing 17 PROPOSED EXHIBIT LIST by Attorney Gregory C. Scaglione on behalf of Plaintiff Austin Michael Beber. (Scaglione, Gregory) |
| Filing 16 BRIEF in support of MOTION for Temporary Restraining Order #4 by Attorney Gregory C. Scaglione on behalf of Plaintiff Austin Michael Beber.(Scaglione, Gregory) |
| Filing 15 INDEX in support of MOTION for Temporary Restraining Order #4 by Attorney Gregory C. Scaglione on behalf of Plaintiff Austin Michael Beber. (Attachments: #1 Exhibit 3 - Declaration of Greg Scaglione)(Scaglione, Gregory) |
| Filing 14 INDEX in support of Brief #13 , MOTION to Dismiss OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE #11 by Attorney Quinn R. Eaton on behalf of Defendant Navsav Holdings, LLC. (Attachments: #1 Exhibit Texas State Court Petition, #2 Exhibit Declaration of Headlee, #3 Exhibit TX Court Temporary Restraining Order, #4 Exhibit TX State Court Service of Process, #5 Exhibit Notice of Removal to TX Federal Court)(Eaton, Quinn) |
| Filing 13 BRIEF in support of MOTION to Dismiss OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE #11 by Attorney Quinn R. Eaton on behalf of Defendant Navsav Holdings, LLC.(Eaton, Quinn) |
| Filing 12 PROPOSED EXHIBIT LIST Amended List of Exhibits by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC. (Wentz, Kenneth) |
| Filing 11 MOTION to Dismiss OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE by Attorney Quinn R. Eaton on behalf of Defendant Navsav Holdings, LLC.(Eaton, Quinn) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC.(Wentz, Kenneth) |
| Filing 9 PROPOSED EXHIBIT LIST by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC. (Wentz, Kenneth) |
| Filing 8 INDEX in support of Brief #7 by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Wentz, Kenneth) |
| Filing 7 BRIEF in opposition to MOTION for Temporary Restraining Order #4 by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC.(Wentz, Kenneth) |
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Filing 6
TEXT ORDER amending Order at Filing #5 . Plaintiff Austin Michael Beber's deadline to file additional evidence, an exhibit list, and a reply brief, as stated in paragraph 4 of the Order's decretal, is 5:00 p.m. CDT on Thursday, August 3, 2023. All other deadlines remain unchanged. Ordered by Judge Brian C. Buescher. (JES)
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| TEXT RECEIPT number 8067429, in the amount of $ 1,000 by UNICO Group, Inc for Plaintiff Austin Michael Beber. (JES) |
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Filing 5
ORDER EXTENDING TEMPORARY RESTRAINING ORDER; SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION; AND SETTING REQUIREMENTS FOR SUBMISSIONS REGARDING MOTION FOR PRELIMINARY INJUNCTION - The Ex Parte Temporary Restraining Order entered by the District Court of Douglas County, Nebraska, in this case on July 21, 2023, and set to expire at 5:00 p.m. CDT on July 31, 2023, is hereby extended to 5:00 p.m. CDT on August 14, 2023, pursuant to Federal Rule of Civil Procedure 65(b)(2). Beber shall post a bond of $1,000 or $1,000 cash in lieu of bond in this Court no later than Wednesday, August 2, 2023, pursuant to Federal Rule of Civil Procedure 65(c) to keep the extended Ex Parte Temporary Restraining Order in full force and effect. A hearing on Bebers Motion for Temporary Injunction, now construed by the Court as a Motion for Preliminary Injunction pursuant to Federal Rule of Civil Procedure 65(a), is scheduled for 9:30 a.m. CDT on Monday, August 7, 2023. The hearing shall be for a maximum of two (2) hours, and each party shall be allocated twenty (20) minutes to present its argument on the Motion. This hearing will be consolidated with the hearing on a similar motion in related Case No. 8:23cv325. Ordered by Judge Brian C. Buescher. (E-mailed to Finance) (JES)
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| Filing 4 MOTION for Temporary Restraining Order by Attorney Gregory C. Scaglione on behalf of Plaintiff Austin Michael Beber.(Scaglione, Gregory) |
| Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Navsav Holdings, 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. (JES) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Judge Brian C. Buescher and Magistrate Judge Michael D. Nelson 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 1 NOTICE OF REMOVAL against NAVSAV HOLDINGS, LLC from DISTRICT COURT OF DOUGLAS COUNTY, Case number CI 23-4967 ( Filing fee $ 402, receipt number ANEDC-4909173) with attached state court pleadings, by Attorney Quinn R. Eaton on behalf of NAVSAV HOLDINGS, LLC (Attachments: #1 Exhibit A-State Crt filings, #2 Exhibit B- Declaration of B. Walters)(Eaton, Quinn) |
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| Plaintiff: Austin Michael Beber | |
| Represented By: | Gregory C. Scaglione |
| Represented By: | Andrew Tugan |
| Represented By: | Emily M. Coffey |
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| Defendant: Navsav Holdings, LLC | |
| Represented By: | Quinn R. Eaton |
| Represented By: | Kenneth M. Wentz, III |
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