Rusk v. Fidelity Brokerage Services
Plaintiff: Zachary R. E. Rusk
Defendant: Fidelity Brokerage Services
Case Number: 2:2015cv00853
Filed: December 3, 2015
Court: US District Court for the District of Utah
Office: Central Office
County: Salt Lake
Presiding Judge: Jill N. Parrish
Nature of Suit: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
May 22, 2019 Opinion or Order Filing 272 ORDER Overruling 271 Objections to 266 Memorandum Decision, Order Dismissing Case, 267 Judgment,filed by Zachary R. E. Rusk. Signed by Judge Robert J. Shelby on 5/22/2019. (jwt)
April 30, 2019 Opinion or Order Filing 266 MEMORANDUM DECISION AND ORDER DISMISSING ACTION: After consideration of all the relevant factors, due to the extreme and pervasive nature of Rusk's conduct and the fact that lesser sanctions are likely to be, and have been, inef fective, the court hereby DISMISSES WITH PREJUDICE Rusk's Third Amended Complaint pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and this court's inherent authority. All remaining motions in this action are therefore DENIED AS MOOT. The Clerk of Court is directed to close this case. Signed by Judge Robert J. Shelby on 4/30/19. (dla)
October 10, 2018 Opinion or Order Filing 196 ORDER granting in part and denying in part 166 Fidelitys Motion to Dismiss. The court dismisses the portion of the fourth cause of action that seeks relief for promotions that were denied prior to October 9, 2014. The court denies Fidelitys motion to dismiss in all other respects. Signed by Judge Jill N. Parrish on 10/10/2018. (jds)
March 30, 2018 Opinion or Order Filing 163 ORDER Adopting in Part 151 Report and Recommendation: (1) The court GRANTS IN PART AND DENIES IN PART 117 Fidelity's motion to dismiss. The court DISMISSES WITHOUT PREJUDICE the Second Amended Complaint for a failure to com ply with Rule 8(a)(2). The court further DISMISSES WITHOUT PREJUDICE the religious discrimination claim under Rule 12(b)(6). The court DISMISSES WITH PREJUDICE the Rehabilitation Act claim under Rule 12(b)(6). (2) The court DENIES 126 Fidelity' ;s motion for summary judgment. (3) The court DENIES Rusk's 159 motion to strike. (4) The court grants leave to file an amended complaint by 4/20/2018. If Rusk does not file an amended complaint by this deadline, the court shall direct the clerk of court to close this case. Signed by Judge Jill N. Parrish on 3/29/18. (dla)
April 24, 2017 Opinion or Order Filing 99 MEMORANDUM DECISION AND ORDER denying 75 Motion to Appoint Counsel and Motion for Order Requiring Defendant to Maintain Evidence. Signed by Magistrate Judge Evelyn J. Furse on 4/24/2017. (eat)
May 31, 2016 Opinion or Order Filing 44 MEMORANDUM DECISION finding as moot 6 Motion to Seal Document ; finding as moot 10 Motion to Seal Document ; finding as moot 11 Motion to Seal Document ; finding as moot 12 Motion to Seal Document ; finding as moot 13 M otion to Seal Document. Plaintiff made numerous motions to seal documents that he filed. The documents are typically dozens or hundreds of pages of sundry materials that are irrelevant to any motion pending before the court. These documents often con tain private or sensitive information of others and are in violation of the courts policies and procedures. See, e.g., Fed. R. Civ. P. 5.2; DUCivR 5.2-1. The court is deeply troubled that Plaintiff often appears to redact or excerpt his own personal information and communications, but does not do so for others. Out of an abundance of caution for the privacy interests of individuals named in thefilings and consistent with the rules and policies of the court, the court hereby ORDERS all exhibits filed by Plaintiff in this action to be SEALED. If required, Plaintiff or others may move for specific exhibits or portions of exhibits to be unsealed. Plaintiff is warned that failure to comply with the Federal Rules of Civil Procedure, the local rules, or court orders, or continuing to engage in harassing or other inappropriate conduct may result in filing restrictions and/or sanctions, including terminating sanctions. Signed by Magistrate Judge Paul M. Warner on 5/31/16. (jlw)
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Plaintiff: Zachary R. E. Rusk
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Defendant: Fidelity Brokerage Services
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