Armstrong v. Hy-Vee, Inc. et al

(#78) MEMORANDUM AND ORDER - Armstrong's motion to dismiss (filing 58 ) is granted. The parties' stipulation (filing 74 ) is granted. Armstrong's motion to strike (filing 71 ) is denied. Hy-Vee's motion for summary judgment (filing 51 ) is granted. The plaintiff's complaint is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (KLF)

(#77) ORDER that the pretrial conference and trial of this matter are continued until further order of the Court. Ordered by Judge John M. Gerrard. (DCD)

(#73) ORDER - The plaintiff's Unopposed Motion to Restrict Access (filing 69 ) is granted. The Clerk of the Court is directed to modify the docket entries for filing 70 , filing 71 , and filing 72 , in order to restrict access to those filings to case participants. Ordered by Judge John M. Gerrard. (KLF)

(#40) ORDER - The jury trial of this case is set to commence before John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 20, 2017, or as soon thereafter as the case may be called, for a duration of three (3) trial day. This case is subject to the prior trial of criminal cases and such other civil cases as may be scheduled for trial before this one. Jury selection will be held at the commencement of trial. The Pretrial Confere nce is scheduled to be held before the undersigned magistrate judge on March 7, 2017 at 11:00 a.m., and will be conducted by WebEx conferencing. Instructions and codes for participating in the pretrial conference by WebEx can be found at filing no. 1 0. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on March 3, 2017. The deadline for filing motions to dismiss and motions f or summary judgment is October 31, 2016. Motions in limine shall be filed five business days prior to trial. It is not the normal practice to hold hearings on motions in limine or to rule on them in advance. Counsel should plan accordingly. The parties shall comply with all other deadlines that are not inconsistent with this order. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)

(#31) AMENDED PROGRESSION ORDER regarding the 30 Motion to Extend certain progression deadlines. Jury Trial set for 1/2/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. Pretrial Conference set for 12/20/2016 at 11:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. Deposition deadline is October 31, 2016. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)

(#28) PROTECTIVE ORDER. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)

(#25) MEMORANDUM AND ORDER - 1) Defendant's motion to compel, (filing no. 23 ), is granted.2) The objection filed by the Nebraska Department of Labor, (filing no. 20 ), is overruled.3) The Nebraska Department of Labor shall produce the recor ds sought pursuant to the February subpoena to the Defendants as outlined in the subpoena within 21 days of this order.4) Parties shall designate and treat the information disclosed pursuant to the subpoena as confidential and use of the documents shall be limited to this action. Further, the defendants shall reimburse the Nebraska Department of Labor for costs of copying the subpoenaed documents. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

(#6) SCHEDULING ORDER- Counsel for the parties shall confer and, on or before September 16, 2015, they shall jointly file a Form 35 (Rule 26 (f)) Report, a copy of which can be found at http://www.ned.uscourts.gov/forms in Word and WordPerfect format. If one or more of the parties believes a planning conference is needed to complete the Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the Rule 26(f) Report, on or before September 9, 2015, a party shall contact my chambers at (402) 437-1670, or by email addressed to zwart@ned.uscourts.gov, to arrange a conference call. ***Set/Reset All Deadlines: ( Rule 26 Meeting Report Deadline set for 9/16/2015.) Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)