Zimmerman v. Wendy's of Las Vegas, Inc.
| Kevin Zimmerman |
| Wendy's of Las Vegas, Inc. |
| Nevada Attorney General |
| 2:2017cv01206 |
| April 28, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| George Foley |
| Gloria M Navarro |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1343 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 3, 2018. A more recent docket listing may be available from PACER.
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| Filing 23 JUDGMENT in favor of defendant Wendy's of Las Vegas, Inc. against plaintiff Kevin Zimmerman. Signed by Clerk of Court Debra K. Kempi on 10/3/2018. (Copies have been distributed pursuant to the NEF - MMM) |
Filing 22
ORDER that this action is Dismissed with prejudice. The clerk of court is instructed to close the case. Signed by Chief Judge Gloria M. Navarro on 10/1/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 21
ORDERED that Intervenor's Motion to Dismiss, (ECF No. 58), is GRANTED pursuant to the foregoing. Plaintiff's Complaints in the above-captioned actions are hereby DISMISSED without prejudice. FURTHER ORDERED that Intervenor's Motion, as it pertains to Plaintiff's Amended Complaint in 2:17-0304-GMN-GWF (ECF No. 55), is GRANTED.FURTHER ORDERED that Plaintiff's Motions for Leave to File an Amended Complaint in Case Nos. 2:17-cv-0560-GMN-GWF (ECF No. 31); 2:17-cv-0563-GMN-GWF (ECF No. 23); and 2:17-cv-0595-GMN-GWF (ECF No. 35), are DENIED without prejudice.FURTHER ORDERED that if Plaintiff chooses to do so, Plaintiff shall file new Amended Complaints in these actions within thirty (30) days of this Order. Failure to do so will result in dismissal of the above-captioned cases with prejudice.FURTHER ORDERED that stays entered in Case Nos. 2:17-cv-0304-GMN-GWF; 2:17-cv-0307-GMN-GWF; 2:17-cv-0563-GMN-GWF; 2:17-cv-0595-GMN-GWF; 2:17-cv-0973-GMN-GWF; 2:17-cv-0974-GMN-GWF; 2:17- cv-1194-GMN-GWF; and 2:17-cv-1358-GMN-GWF are hereby LIFTED.FURTHER ORDERED that the parties shall file Proposed Discovery Plans/Scheduling Orders in the above-captioned cases within sixty (60) days of this Order.Signed by Chief Judge Gloria M. Navarro on 8/30/2018. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 20 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 6/6/2018. By Deputy Clerk: Aaron Blazevich.On March 27, 2018, the Court Granted Intervenor Nevada Attorney General's Motion to Consolidate (ECF No. #19 ) for the limited purpose of addressing subject matter jurisdiction. The subject matter jurisdiction issue is being handled in case no. 2:17-cv-304. In this case, a Scheduling Order (ECF No. #15 ) was entered and the deadlines have since expired. Accordingly, IT IS HEREBY ORDERED that the discovery in this case is STAYED and all pending discovery deadlines are VACATED. The Court will order the parties to file a new Proposed Discovery Plan/Scheduling Order after the ruling on the subject matter jurisdiction issue in case no. 2:17-cv-304. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) |
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Filing 19
ORDER granting in part and denying in part #17 Intervenor's Motion to Consolidate Cases. All consolidated briefings shall be filed in Case No. 2:17-cv-00304-GMN-GWF. All pending motions to dismiss are denied without prejudice with leave to join in the consolidated briefing to be submitted by Intervenor or, alternatively, to refile upon resolution of Intervenor's motion to dismiss, in accordance with Appendix A to this Order. Intervenor shall have until 4/18/2018 to file its consolidated motion to dismiss. Signed by Chief Judge Gloria M. Navarro on 3/26/2018. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 18 REPLY to Response to #17 Motion to Consolidate Cases filed by Intervenor Defendant Nevada Attorney General. (Tucker, Lucas) |
| Filing 17 MOTION to Consolidate Cases by Intervenor Defendant Nevada Attorney General. Responses due by 10/31/2017. (Attachments: #1 Appendix)(Tucker, Lucas) |
| Filing 16 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MMM) |
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Filing 15
SCHEDULING ORDER re #14 Proposed Discovery Plan/Scheduling Order. Discovery due by 11/29/2017. Motions due by 12/29/2017. Proposed Joint Pretrial Order due by 1/26/2018. Signed by Magistrate Judge George Foley, Jr on 8/21/17. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 14 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Kevin Zimmerman . (Wilcher, Whitney) |
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Filing 13
ORDER that the parties shall file a stipulated Discovery Plan and Scheduling Order not later than August 18, 2017 in compliance with the provisions of LR 26-1 of the Rules of Practice of the United States District Court for the District of Nevada. Signed by Magistrate Judge George Foley, Jr on 8/8/17. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 12 SUMMONS Returned Executed by Kevin Zimmerman. (Wilcher, Whitney) |
| Filing 11 CERTIFICATE of Interested Parties filed by Wendy's of Las Vegas, Inc.. There are no known interested parties other than those participating in the case . (Tobler, Richard) |
| Filing 10 ANSWER to #1 Complaint, filed by Wendy's of Las Vegas, Inc.. Discovery Plan/Scheduling Order due by 7/17/2017.(Tobler, Richard) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 9 SUMMONS Returned Executed by Kevin Zimmerman. Wendy's of Las Vegas, Inc. served on 5/4/2017, answer due 5/25/2017. (Wilcher, Whitney) |
| Filing 8 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 5/1/2017. By Deputy Clerk: Aaron Blazevich. This case has been assigned to the Honorable Chief Judge Gloria M. Navarro. Chief Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 4/28/2017. IT IS ORDERED that this case is reassigned to Chief Judge Gloria M. Navarro and Magistrate Judge George Foley, Jr for all further proceedings. Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach no longer assigned to case. All further documents must bear the correct case number 2:17-cv-1206-GMN-GWF. (no image attached) (Copies have been distributed pursuant to the NEF - TR) |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey, on 4/28/2017. By Deputy Clerk: Danielle Cacciabaudo. As stated in the Omnibus Transfer Order #4 , the district judges of the District of Nevada have ordered that each of plaintiff Kevin Zimmerman's ADA cases be transferred to Chief District Judge Gloria M. Navarro and Magistrate Judge George W. Foley, Jr. for all further proceedings. Accordingly, IT IS HEREBY ORDERED: (1) The Clerk of the Court shall TRANSFER this case to Chief District Judge Gloria M. Navarro and Magistrate Judge George W. Foley, Jr. for all further proceedings; and (2) All future filings in this case shall reference the Case No. 2:17-cv-01206-GMN-GWF. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 5 Summons Issued as to Wendy's of Las Vegas, Inc.. (MMM) |
| Filing 4 NOTICE of Filing Omnibus Transfer Order by Kevin Zimmerman. (Wilcher, Whitney) |
| Filing 3 STATEMENT of Corporate Disclosure by Plaintiff Kevin Zimmerman. (Wilcher, Whitney) |
| Filing 2 CERTIFICATE of Interested Parties filed by Kevin Zimmerman that identifies all parties that have an interest in the outcome of this case. Other Affiliate Litigation Management and Financial Services, LLC for Kevin Zimmerman added. . (Wilcher, Whitney) |
| Filing 1 COMPLAINT against Wendy's of Las Vegas, Inc. (Filing fee $400 receipt number 0978-4584874), filed by Kevin Zimmerman. Proof of service due by 7/27/2017. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Wilcher, Whitney) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case assigned to Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach. (MMM) |
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