Zheng v. Halliburton Energy Services Inc
| Ming Hong Zheng |
| Halliburton Energy Services Inc |
| 2:2023cv00098 |
| June 1, 2023 |
| US District Court for the District of Wyoming |
| Alan B Johnson |
| Kelly H Rankin |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 - Americans with Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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| FINANCIAL ENTRY: PRO HAC VICE FEES PAID (Receipt #2-1847 - total amount received $200) on behalf of Tara Porterfield and Peter J. Goetschel. (Court Staff, stmo) |
Filing 32
ORDER by the Honorable Alan B. Johnson granting #28 Motion to Stay Proceedings Pending Ruling on Motion to Compel Arbitration. Initial Pretrial Conference set for 8/1/2023 at 9:30 AM is VACATED. (Order mailed to plaintiff on this date) (Court Staff, sbh) Modified text on 7/25/2023 (Court Staff, sbh).
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| Filing 31 Notice of Pro Hac Vice Attorney Appearance by Tara Porterfield on behalf of Halliburton Energy Services Inc (Porterfield, Tara) |
| Filing 30 Notice of Pro Hac Vice Attorney Appearance by Peter J. Goetschel on behalf of Halliburton Energy Services Inc (Goetschel, Peter) |
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Filing 29
ORDER by the Honorable Kelly H. Rankin granting #26 MOTION for Tara Porterfield and Peter J. Goetschel to appear pro hac vice on behalf of Defendant Halliburton Energy Services Inc (Order emailed to phv counsel on this date. Order mailed to pro se plaintiff on this date.) (Court Staff, sbh)
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| Filing 28 MOTION to Stay Case pending ruling on #27 MOTION to Compel Arbitration and Stay Proceedings filed by Defendant Halliburton Energy Services Inc. (Attachments: #1 Proposed Order) (Nachbar, Keith) Modified text on 7/25/2023 (Court Staff, sbh). |
| Filing 27 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Compel Arbitration and MOTION to Stay Case filed by Defendant Halliburton Energy Services Inc. (Attachments: #1 Affidavit Exhibit A, #2 Exhibit A-1: Attachment 1 to Ex. A, #3 Exhibit A-2: Attachment 2 to Ex. A, #4 Exhibit A-3: Attachment 3 to Ex. A, #5 Exhibit A-4: Attachement 4 to Ex. A, #6 Affidavit Exhibit B, #7 Exhibit B-1: Attachement 1 to Exhibit B, #8 Exhibit C, #9 Exhibit cite Harvey v. Halliburton 19:CV-27, #10 Proposed Order)(Nachbar, Keith). Added MOTION to stay case and modified text on 7/26/2023 (Court Staff, sjlg). |
| Filing 26 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Tara Porterfield and Peter J. Goetschel to appear pro hac vice; Check not tendered; filed by Defendant Halliburton Energy Services Inc. (Attachments: #1 Affidavit of Tara Porterfield, #2 Affidavit of Peter J. Goetschel, #3 Proposed Order Allowing Admission of Counsel Pro Has Vice)(Nachbar, Keith) |
| Filing 25 NOTICE of Attorney Appearance by Keith R Nachbar on behalf of Halliburton Energy Services Inc (Nachbar, Keith) |
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Filing 24
ORDER REQUIRING JOINT REPORT of Meeting and Proposed Joint Discovery and Case Management Plan and setting Initial Pretrial Conference by the Honorable Alan B Johnson. Initial Pretrial Conference set for 8/1/2023 at 9:30 AM before Honorable Alan B Johnson.NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely;the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior to its scheduled start time to allow for troubleshooting of any connectivity issues.3. To ensure the record is of the best quality, participants are encouraged to utilize a headset to reduce static and background noise. If not using a headset, participants must ensure the audio feed at their location is muted when not speaking.***REMINDER: Recording or broadcasting of this hearing is prohibited. *** (Copy of order mailed to pro se plaintiff) (Court Staff, ssw) (Main Document 24 replaced with correct document on 7/6/2023) (Court Staff, sjlg).
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| Filing 23 MEMORANDUM AND ORDER REGARDING DISCOVERY MOTIONS AND DISPOSITIVE MOTIONS INCLUDING MOTIONS FOR SUMMARY JUDGMENT AND ANALOGOUS MOTIONS TO DISMISS IN CIVIL CASES by the Honorable Alan B Johnson. (Copy mailed to pro se plaintiff) (Court Staff, ssw) (Main Document 23 replaced with correct document on 7/6/2023) (Court Staff, sjlg). |
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Filing 22
ORDER by the Honorable Alan B Johnson denying #20 Motion for Extension of Time to Appeal the Decision and Order and Request for a Court Appointed Attorney. (Copy of Order mailed to pro se Plaintiff) (Court Staff, ssw)
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| Filing 21 Case transferred in from District of New York Northern. Case Number 1:22-cv-00814. |
| Filing 20 Letter Motion from Ming Hong Zheng, requesting extension of time to appeal the Decision and Order. Submitted to Judge Brenda K. Sannes. (see) [Transferred from New York Northern on 6/1/2023.] |
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Filing 19
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Defendant's motion to dismiss under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction (Dkt. No. #13 ) is GRANTED. It is further ORDERED that Defendant's motion to dismiss or transfer under Federal Rule of Civil Procedure 12(b)(3) for improper venue (Dkt. No. #13 ) is GRANTED insofar as the Court GRANTS Defendant's request to transfer this action and is otherwise DENIED. It is further ORDERED that, pursuant to 28 U.S.C. 1406(a), the Clerk of the Court is directed to transfer this action in its entirety to the United States District Court of Wyoming. It is further ORDERED that the Clerk of the Court advise the Clerk of the District of Wyoming of the entry of this Order and provide all information necessary for the Clerk of the District of Wyoming to electronically access the documents filed in this action. Signed by Chief Judge Brenda K. Sannes on 5/12/2023. (Copy served upon plaintiff via regular and certified mail.) (nmk) [Transferred from New York Northern on 6/1/2023.]
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| Pursuant to NYND Local Rule 3.7, this case will be electronically transferred to the District of Wyoming 14 days after the date of the Transfer Order, unless the parties file a joint letter request to transfer the case sooner. (Copy served upon pro se plaintiff via regular and certified mail.) (nmk) [Transferred from New York Northern on 6/1/2023.] |
| Filing 18 REPLY to Response to Motion re #13 MOTION to Dismiss for Lack of Personal Jurisdiction and Motion to Dismiss or Transfer For Improper Venue filed by Halliburton Energy Services, Inc.. Motion returnable before Judge Brenda K. Sannes filed by Halliburton Energy Services, Inc.. (Antonelli, Marisa) [Transferred from New York Northern on 6/1/2023.] |
| Filing 17 TEXT ORDER DENYING, without prejudice, Dkt. #16 plaintiffs motion for appointment of counsel pending resolution of Dkt. #13 defendants motion to dismiss or transfer this action. Plaintiff has filed Dkt. #15 her response in opposition to the defense motion and there is currently nothing further she needs to do in the case. Consideration of appointment of counsel in the Northern District of New York does not make sense until it is determined whether the case will proceed here. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/16/2022.(gmd) [Transferred from New York Northern on 6/1/2023.] |
| Filing 16 MOTION to Appoint Counsel filed by Ming Hong Zheng. Motions referred to Andrew T. Baxter. (khr) [Transferred from New York Northern on 6/1/2023.] |
| Filing 15 RESPONSE in Opposition re #13 MOTION to Dismiss for Lack of Personal Jurisdiction and Motion to Dismiss or Transfer For Improper Venue filed by Halliburton Energy Services, Inc.. Motion returnable before Judge Brenda K. Sannes filed by Ming Hong Zheng. (khr) [Transferred from New York Northern on 6/1/2023.] |
| Filing 14 TEXT ORDER: The Rule 16 conference set for 11/22/2022 and the 11/15/2022 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #13 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/26/2022. [Copy served upon pro se plaintiff by regular mail](kmc) [Transferred from New York Northern on 6/1/2023.] |
| Filing 13 MOTION to Dismiss for Lack of Personal Jurisdiction and Motion to Dismiss or Transfer For Improper Venue filed by Halliburton Energy Services, Inc.. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 11/15/2022. Reply to Response to Motion due by 11/22/2022 (Attachments: #1 Memorandum of Law in Support of Defendant Halliburton Energy Services, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction and Motion to Dismiss or Transfer for Improper Venue, #2 Declaration of John E. Deering, #3 Declaration of Sheri Whitaker) (Antonelli, Marisa) [Transferred from New York Northern on 6/1/2023.] |
| Filing 12 NOTICE of Appearance by Marisa Antonelli on behalf of Halliburton Energy Services, Inc. (Antonelli, Marisa) [Transferred from New York Northern on 6/1/2023.] |
| Filing 11 BILL OF COSTS submitted by US Marshal re: Service Fees - totaling $73.13. (hmr) [Transferred from New York Northern on 6/1/2023.] |
| Filing 10 Summons Reissued for personal service as to Halliburton Energy Services, Inc. (nas ) (Main Document 10 replaced on 10/20/2022) (nas, ). [Transferred from New York Northern on 6/1/2023.] |
| Filing 9 Summons Returned Unexecuted as to Halliburton Energy Services, Inc. (nas ) [Transferred from New York Northern on 6/1/2023.] |
| Filing 8 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $8.00. (nas, ) [Transferred from New York Northern on 6/1/2023.] |
| Filing 7 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/22/2022 11:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/15/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (Copy served on pro se plaintiff via regular mail)(egr) [Transferred from New York Northern on 6/1/2023.] |
| Filing 6 Summons Issued as to Halliburton Energy Services, Inc. (Copy served by regular mail to plaintiff) (egr) [Transferred from New York Northern on 6/1/2023.] |
| Filing 5 DECISION and ORDER granting #2 Motion for Leave to Proceed in forma pauperis. It is ORDERED that plaintiff's IFP application is GRANTED and it is further ORDERED that a formal response to plaintiff's complaint be filed by the defendant or defendant's counsel as provided in the Federal Rules of Civil Procedure, subsequent to service of process on the defendant and it is further ORDERED that the Clerk is directed to schedule a Rule 16 conference before the Honorable Judge Baxter and it is further ORDERED that all pleadings, motions, and other documents relating to this action must bear the case number assigned to this action and be filed with the Clerk of the United States District Court, Northern District of New York, 7th Floor, Federal Building, 100 S. Clinton St. Syracuse, New York 13291-7367. Any paper sent by a party to the Court or the Clerk must be accompanied by a certificate showing that a true and correct copy of same was served on all opposing parties or their counsel. Any document received by the Clerk or the Court which does not include a proper certificate of service will be stricken from the docket. Plaintiff is also required to promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in her address; her failure to do so will result in the dismissal of this action.. Signed by US Magistrate Judge Andrew T. Baxter on 8/24/2022. (Copy served via regular mail)(egr) [Transferred from New York Northern on 6/1/2023.] |
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Filing 4
ORDER OF RECUSAL. Magistrate Judge Daniel J. Stewart recused. Case reassigned to US Magistrate Judge Andrew T. Baxter for all further proceedings. Signed by Magistrate Judge Daniel J. Stewart on 8/22/2022. (Copy served via regular mail to Pro Se Plaintiff)(egr) [Transferred from New York Northern on 6/1/2023.]
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| Filing 3 PRO SE HANDBOOK and NOTICE as well as LOCAL RULES mailed to Plaintiff on 8/2/2022 (egr) [Transferred from New York Northern on 6/1/2023.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ming Hong Zheng Motions referred to Daniel J. Stewart. (Attachments: #1 Proposed Summons as to Halliburton Energy Services, Inc.) (egr) [Transferred from New York Northern on 6/1/2023.] |
| Filing 1 COMPLAINT with Jury Demand and EEOC Letter attached against Halliburton Energy Services, Inc. filed by Ming Hong Zheng. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(egr) [Transferred from New York Northern on 6/1/2023.] |
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| Plaintiff: Ming Hong Zheng | |
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| Defendant: Halliburton Energy Services Inc | |
| Represented By: | Marisa Antonelli |
| Represented By: | Keith R Nachbar |
| Represented By: | Tara Porterfield |
| Represented By: | Peter J. Goetschel |
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