Smith v. Pay Pal et al

Filing 46

MEMORANDUM AND ORDER denying the plaintiff's 37 Motion to Amend complaint. The plaintiff's motion to consolidate this case with 8:13cv54 is denied. The final progression order is as follows: The jury trial of this case is set to co mmence before Cheryl R. Zwart, United States Magistrate Judge, in the Special Proceedings Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on May 13, 2014, or as soon thereafter as the case may be called, for a duration of three (3) trial days. Jury selection will be held at the commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on April 29, 2014 at 1:00 p.m., in the Special Proceedings Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEBORAH ANN SMITH,
Plaintiff,

8:12CV226

vs.
MEMORANDUM AND ORDER
PAY PAL, Inc.;
Defendant.
The plaintiff moved to amend this case and to combine it with case 8:13cv54. A hearing
was held on the record on September 11, 2013.

Based on the information obtained and

discussed during the hearing, the court finds:


The above-captioned case and case 8:13cv54 are against different defendants and raise
distinct legal claims; with any issues of material fact to be decided in this case by a jury,
and the resolution of 8:13cv54 to likely be resolved on the administrative record alone.



As to those claims identified in plaintiff’s charge of discrimination received by the
NEOC on May 30, 2012, (See exhibit 1), the right to sue letter signed on May 13, 2013
was received by the plaintiff no later than May 25, 2013. As such, the claims outlined in
Exhibit 1 and raised in plaintiff’s proposed amended complaint filed on August 26, 2013
are time-barred.
Accordingly,
IT IS ORDERED:
A)

The plaintiff’s motion to consolidate this case with case 8:13cv54 is denied.

B)

The plaintiff’s motion to file an amended complaint, (Filing No. 37), is denied.

C)

The final progression order is as follows:
1)

The jury trial of this case is set to commence before Cheryl R. Zwart,
United States Magistrate Judge, in the Special Proceedings Courtroom,
Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha,
Nebraska, at 9:00 a.m. on May 13, 2014, or as soon thereafter as the case
may be called, for a duration of three (3) trial days. Jury selection will be
held at the commencement of trial.

2)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on April 29, 2014 at 1:00 p.m., in the Special
Proceedings Courtroom, Roman L. Hruska Federal Courthouse, 111 South
18th Plaza, Omaha, Nebraska. The parties’ proposed Pretrial Conference
Order and Exhibit List(s) must be emailed to [e-mail], in
either Word Perfect or Word format, by 5:00 p.m. on April 28, 2014.

3)

Mandatory disclosures shall be served by October 11, 2013.

4)

The deadline for completing written discovery under Rules 33 through 36
of the Federal Rules of Civil Procedure is December 6, 2013. Motions to
compel Rule 33 through 36 discovery must be filed by November 22,
2013.

5)

Depositions:
a.

The plaintiff will appear for a deposition to be taken by defense
counsel on December 11, 2013 at 9:00 a.m. in the Special
Proceedings Courtroom, Roman L. Hruska Federal Courthouse,
111 South 18th Plaza, Omaha, Nebraska.

b.

The deposition deadline for this case is January 10, 2014.

6)

The deadline for filing motions to dismiss and motions for summary
judgment is February 3, 2014.

7)

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.

September 12, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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