Zeb v. Benes et al
| Nebraska District Court | |
| Judge: | John M Gerrard |
| Referred: | Cheryl R Zwart |
| Case #: | 4:20-cv-03075 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 28:1331 Fed. Question: Employment Discrimination |
| Case Filed: | Jul 01, 2020 |
| Terminated: | Jan 06, 2021 |
| Last checked: Monday Dec 28, 2020 4:45 AM CST |
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Defendant
Aspen Home Builders Inc.
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Represented By
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Defendant
Robert Benes
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Represented By
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Defendant
Eric Gish
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Represented By
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Defendant
Rachel Gleason
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Represented By
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Defendant
Mitch Myers
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Plaintiff
Aurang Zeb
1216 South 16th Street Apt. 2
Lincoln, NE 68502 |
GPO
Jul 06 2020
MEMORANDUM AND ORDER - Plaintiff's motion to proceed in forma pauperis (filing 2) is denied. Plaintiff shall pay the $400.00 filing fee within 30 days of the date of this order. Failure to comply with this order will result in this matter being dismissed without prejudice and without further notice. The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: August 5, 2020: deadline for Plaintiff to pay $400.00 filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO) |
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GPO
Jan 06 2021
MEMORANDUM AND ORDER - Defendants' motion to dismiss (filing 10) is granted. Plaintiff's complaint (filing 1) is dismissed without prejudice. A separate judgment shall be entered. Ordered by Chief Judge John M. Gerrard. (LKO) |
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GPO
Feb 04 2021
ORDER - Plaintiff is directed to submit the $505.00 fees to the clerk's office or submit a request to proceed in forma pauperis. The clerk of the court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit") and a copy of this Memorandum and Order. The clerk of the court is directed to set a pro se case management deadline in this matter for March 8, 2021: with the following text: Check for motion to proceed in forma pauperis or payment. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party)(LKO) |
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GPO
Feb 05 2021
ORDER - that the plaintiff's application to proceed in forma pauperis (filing 27) is granted, and his appeal shall be processed without payment of fees. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party) (LKO) |
| Docket last updated: 1 hours ago |
| Friday, May 07, 2021 | ||
| 34 | 34
appeal
Mandate/Judgment
Fri 05/07 11:24 AM
MANDATE from USCA - 8th Circuit 21-1305 regarding Notice of Appeal to USCA23 . (LRM) |
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| 33 | 33
appeal
Mandate/Judgment
Fri 05/07 11:22 AM
JUDGMENT from USCA - 8th Circuit 21-1305 regarding Notice of Appeal to USCA23 . Appellant's motion to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 42(b). (LRM) |
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| Wednesday, May 05, 2021 | ||
| 32 | 32
appeal
Copy of Order from USCA
Wed 05/05 9:21 AM
COPY of Order from USCA - 8th Circuit 21-1305 Appellant's brief was due on April 22, 2021, but has not been filed. It is hereby ordered that appellant show cause, within fourteen (14) days of the date of this order, why this appeal should not be dismissed for failure to prosecute. See 8th Cir. R. 3C. (LKO) |
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| Wednesday, February 10, 2021 | ||
| 31 | 31
appeal
Scheduling Letter
Wed 02/10 11:42 AM
SCHEDULING LETTER from USCA - 8th Circuit 21-1305 as to Notice of Appeal to USCA23 . (LKO) |
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| 30 | 30
oth_evt
Letter by Clerk/Transmittal Letter
Wed 02/10 11:41 AM
Letter by Clerk of USCA - 8th Circuit 21-1305 regarding Notice of Appeal to USCA23 . (LKO) |
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Att: 1
Pro Se NDA
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| Tuesday, February 09, 2021 | ||
| 29 | 29
appeal
Notification of Appeal and NOA Supplement
Tue 02/09 8:53 AM
NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA23 , Memorandum and Order21 , Judgment22 , and Order granting IFP28 . Notice of Appeal filed on 2/4/21 by Plaintiff Aurang Zeb. (LKO) |
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| Friday, February 05, 2021 | ||
| 28 | 28
1
pgs
order
Order ~Util - Terminate Motion and R&R Deadlines/Hearings
Mon 02/08 7:45 AM
ORDER - that the plaintiff's application to proceed in forma pauperis (filing27 ) is granted, and his appeal shall be processed without payment of fees. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party) (LKO) |
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| 27 | 27
motion
Appeal In Forma Pauperis
Fri 02/05 4:06 PM
MOTION for Leave to Appeal in forma pauperis on behalf of Plaintiff Aurang Zeb. (ADB) |
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| Thursday, February 04, 2021 | ||
| 26 | 26
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pgs
order
Order ~Util - Set/Reset All Deadlines
Thu 02/04 4:00 PM
ORDER - Plaintiff is directed to submit the $505.00 fees to the clerk's office or submit a request to proceed in forma pauperis. The clerk of the court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit") and a copy of this Memorandum and Order. The clerk of the court is directed to set a pro se case management deadline in this matter for March 8, 2021 : with the following text: Check for motion to proceed in forma pauperis or payment. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party)(LKO) |
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notice
Notice (Other)
Thu 02/04 3:59 PM
NOTICE by Judge Gerrard that a separate order or further proceedings will be required to address the appealing party's authorization to proceed in forma pauperis. (Copy mailed to pro se party) (LKO) |
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| 24 | 24
appeal
Copy of IFP Memo
Thu 02/04 3:45 PM
COPY OF IFP MEMO prepared by Deputy Clerk and sent to Chief Judge John M. Gerrard regarding Notice of Appeal to USCA23 as to Plaintiff Aurang Zeb. (LKO) |
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| 23 | 23
appeal
Notice of Appeal to USCA
Thu 02/04 3:27 PM
NOTICE OF APPEAL regarding Memorandum and Order21 and Judgment22 on behalf of Plaintiff Aurang Zeb. (LKO) |
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| Wednesday, January 06, 2021 | ||
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order
Judgment
Wed 01/06 12:43 PM
JUDGMENT - In accordance with the accompanying Memorandum and Order, the plaintiff['s complaint is dismissed.Ordered by Chief Judge John M. Gerrard. (LKO) |
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pgs
order
Memorandum and Order ~Util - Terminate Motion and R&R Deadlines/Hearings
Wed 01/06 12:41 PM
MEMORANDUM AND ORDER - Defendants' motion to dismiss (filing10 ) is granted. Plaintiff's complaint (filing1 ) is dismissed without prejudice. A separate judgment shall be entered. Ordered by Chief Judge John M. Gerrard. (LKO) |
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| Tuesday, September 22, 2020 | ||
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oth_doc
Reply Brief
Tue 09/22 9:16 AM
REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 10 by Attorney Henry L. Wiedrich on behalf of Defendants Aspen Home Builders Inc., Robert Benes, Eric Gish, Rachel Gleason.(Wiedrich, Henry) |
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| Tuesday, September 15, 2020 | ||
| 19 | 19
oth_doc
Response
Tue 09/15 2:01 PM
RESPONSE regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 10 on behalf of Plaintiff Aurang Zeb. (LKO) |
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| Wednesday, September 09, 2020 | ||
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oth_doc
Corporate Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1
Wed 09/09 2:29 PM
CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Kevin J. Schneider on behalf of Defendant Aspen Home Builders Inc..(Schneider, Kevin) |
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service
Summons Returned Executed
Wed 09/09 1:46 PM
SUMMONS Returned Executed upon defendant Aspen Home Builders Inc. on 8/17/2020. (LKO) |
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service
Summons Returned Executed
Wed 09/09 1:46 PM
SUMMONS Returned Executed upon defendant Robert Benes on 8/17/2020. (LKO) |
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service
Summons Returned Unexecuted
Wed 09/09 1:45 PM
Summons Returned Unexecuted as to defendant Mitch Myers. (LKO) |
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| 14 | 14
service
Summons Returned Executed
Wed 09/09 1:45 PM
SUMMONS Returned Executed upon defendant Rachel Gleason on 8/17/2020. (LKO) |
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| 13 | 13
service
Summons Returned Executed
Wed 09/09 1:44 PM
SUMMONS Returned Executed upon defendant Eric Gish on 8/17/2020. (LKO) |
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| 12 | 12
notice
Notice Regarding Corporate Disclosure Statement
Wed 09/09 10:08 AM
TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Aspen Home Builders Inc. 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. (KMM) |
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| Tuesday, September 08, 2020 | ||
| 11 | 11
oth_doc
Brief
Tue 09/08 4:06 PM
BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 10 by Attorney Henry L. Wiedrich on behalf of Defendants Aspen Home Builders Inc., Robert Benes, Eric Gish, Rachel Gleason.(Wiedrich, Henry) |
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| 10 | 10
motion
Dismiss for Failure to State a Claim
Tue 09/08 4:04 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Henry L. Wiedrich on behalf of Defendants Aspen Home Builders Inc., Robert Benes, Eric Gish, Rachel Gleason.(Wiedrich, Henry) |
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| Wednesday, August 05, 2020 | ||
| 9 | 9
oth_doc
Supplement
Wed 08/05 3:09 PM
SUPPLEMENT regarding Complaint - Pro Se1 on behalf of Plaintiff Aurang Zeb. (LKO) |
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| Tuesday, August 04, 2020 | ||
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order
Reassignment Order
Tue 08/04 1:16 PM
REASSIGNMENT ORDER - that this case is reassigned to Chief District Judge John M. Gerrard for disposition and to Magistrate Judge Cheryl R. Zwart for judicial supervision. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party) (LKO) |
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service
Summons Issued
Tue 08/04 12:57 PM
Summons Issued (COPY) as to defendants Aspen Home Builders Inc., Robert Benes, Eric Gish, Rachel Gleason, and Mitch Myers. Originals given to plaintiff for completion of service. (LKO) |
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order
Order - Text Only ~Util - Set/Clear Flags
Tue 08/04 11:54 AM
TEXT ORDER - The filing fee has been paid in this case. At the direction of the Court, this case is removed from the pro se docket. The clerk's office shall randomly assign new judges to this case and request a reassignment order from the Chief Judge. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO) |
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oth_evt
Filing Fee Paid
Tue 08/04 11:48 AM
FILING FEE PAID on behalf of Plaintiff Aurang Zeb. Receipt number 4007843, in the amount of $ 400.00. (LKO) |
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| Monday, July 06, 2020 | ||
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pgs
order
Memorandum and Order ~Util - Terminate Motion and R&R Deadlines/Hearings ~Util - Set/Reset Pro Se Case Management Deadlines
Mon 07/06 1:16 PM
MEMORANDUM AND ORDER - Plaintiff's motion to proceed in forma pauperis (filing2 ) is denied. Plaintiff shall pay the $400.00 filing fee within 30 days of the date of this order. Failure to comply with this order will result in this matter being dismissed without prejudice and without further notice. The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: August 5, 2020 : deadline for Plaintiff to pay $400.00 filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO) |
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| Wednesday, July 01, 2020 | ||
| 4 | 4
4
pgs
order
Order - Pro Se GO 2020-01
Wed 07/01 11:22 AM
GENERAL ORDER NO. 2020-01: This general order provides for the management and assignment of cases filed by a plaintiff or petitioner without counsel. This general order also includes the definition of the pro se docket, responsibilities of the pro se law clerks and scheduling and discovery requirements in pro se cases. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party)(LKO) |
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oth_evt
Notice by Clerk (Pro Se Case)
Wed 07/01 11:22 AM
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) |
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motion
Proceed In Forma Pauperis
Wed 07/01 11:22 AM
MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Aurang Zeb. (LKO) |
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cmp
Complaint - Pro Se
Wed 07/01 11:07 AM
COMPLAINT with jury demand against Aspen Home Builders Inc., Robert Benes, Eric Gish, Rachel Gleason, and Mitch Myers filed on behalf of pro se plaintiff Aurang Zeb. (LKO) |
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