Nebraska District Court
Judge:Robert F Rossiter, Jr
Referred: Cheryl R Zwart
Case #: 8:17-cv-00087
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause28:1331 Fed. Question
Case Filed:Mar 20, 2017
Terminated:Apr 02, 2020
Last checked: Saturday Sep 16, 2017 4:56 AM CDT
Defendant
John C. Heath
Represented By
David N. Anthony
Troutman, Sanders Law Firm - Richmond
contact info
Julie D. Hoffmeister
Troutman, Sanders Law Firm - Richmond
contact info
Plaintiff
Eugene Rosales
Represented By
Sergei Lemberg
Lemberg Law
contact info

GPO Mar 24 2017
ORDER OF RECUSAL - This matter is before the court on the court's own motion pursuant to 28 U.S.C. § 455(a), which states: "Any... judge... of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Upon review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse himself from the above-designated case pursuant to 28 U.S.C. § 455(a). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge. Ordered by Magistrate Judge F.A. Gossett. (LAC)
GPO Jun 09 2017
ORDER granting 14 Defendnt's Motion to Stay. On balancing judicial and party resources against the minimal delay this stay will cause Plaintiff, the court finds a stay is appropriate. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
GPO Oct 05 2017
ORDER that Counsel shall submit a joint statement advising the court of the status of this case on or before October 12, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
GPO Sep 21 2018
ORDER granting 28 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (JLA)
GPO Nov 16 2018
ORDER - On or before November 30, 2018, Defendant shall move the court for a determination on whether Plaintiff has standing to pursue a claim against Defendant and if so, any re-definition of the class members who may have claimscommon and typical of Plaintiff such that Plaintiff can adequately represent their interests. Plaintiffs response shall be filed on or before December 14, 2018, with any reply filed on or before December 21, 2018. The conference call previously set for November 20, 2018 is cancelled. To assure case progression, the clerk shall set an internal case management deadline for December 27, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
GPO Jan 16 2019
ORDER denying as moot 41 Motion to Extend. On or before March 18, 2019, the Defendant shall file its anticipated motion for summary judgment as to Plaintiff's ability to serve as a class representative. Discovery on this issue shall be completed by February 28, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
GPO Mar 12 2019
ORDER - The current progression schedule, (Filing No. 42), remains in effect. If Defendant believes Plaintiff's deposition is necessary to address Plaintiff's response to Defendant's anticipated summary judgment motion, Defendant may move to conduct such discovery under Rule 56(d). Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
GPO Aug 06 2019
ORDER - The above-captioned action is stayed pending rulings on Rosales' motion to stay, and the Florida parties' motion for approval of a class action settlement in Pena v. John C. Heath, Attorney At Law, PLLC, 1:18- cv-24407-UU (S.D. FL). The clerk shall mail a courtesy copy of this order to District Judge Ursula Ungaro and Magistrate Judge John J. O'Sullivan, both of whom are judges for the United States District Court for the Southern District of Florida. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (LKO)

Docket last updated: 11 hours ago
Thursday, April 02, 2020
utility Remark - Public Thu 04/02 9:19 AM
Remark - Public: This case has been dismissed per the filing of the stipulation of dismissal signed by all parties who have appeared. This case is dismissed with prejudice, with each party to bear its own fees, costs and expenses. (JSF)
Related: [-]
Wednesday, April 01, 2020
64 64 motion Stipulation of Dismissal Wed 04/01 2:53 PM
STIPULATION FOR DISMISSAL by Attorney Sergei Lemberg on behalf of Plaintiff Eugene Rosales.(Lemberg, Sergei)
Related: [-]