United States District Court, D. Nebraska
MEMORANDUM AND ORDER
R. Zwart, United States Magistrate Judge
above-captioned case arises from a contractual agreement
between Plaintiff Nebraska Data Centers (“NDC”)
and Defendant Leo Khayet. On August 8, 2017, the parties
entered into a Consulting Agreement wherein Khayet agreed to
assist NDC in the potential sale of the company to third
parties. After a breakdown in the parties' relationship,
on October 5, 2017, NDC filed its complaint requesting a
declaratory judgment to determine the parties' rights and
obligations under the Consulting Agreement. (Filing No.
1). The complaint alleges that after NDC had terminated
the contract, Khayet insisted he had a right to perform his
contractual duties and took action which caused harm to NDC
and its business relationships. (Filing No. 1 at CM/ECF
p. 3; Filing No. 11 at CM/ECF pp. 3-4).
November 2, 2017, NDC filed its amended complaint adding
claims for tortious interference with a business relationship
or expectancy; fraud; negligent misrepresentation; breach of
contract; violations of the Junkin Act, Neb. Rev. Stat.
§ 59-805; unfair competition; violations of the Nebraska
Uniform Deceptive Trade Practices Act, and trademark
infringement. (Filing No. 11).
case has been subject to extensive motion practice. The
following motions are currently pending before the
undersigned magistrate judge:
Filing No. 82 - Defendant's Motion to Disqualify
Plaintiff's Counsel and Request for Hearing and Expedited
Filing No. 95 - Plaintiff's Motion to Show
Filing No. 93 - Defendant's Motion to Initiate
Disciplinary Procedures against Plaintiff's Counsel and
Request for Hearing and Expedited Ruling.
Filing No. 105 - Defendant's Motion to Strike
Filing No. 115 - Defendant's Motion for
Extension of Time to File Reply Brief In Support of
Defendant's Motion to Initiate Disciplinary Procedures.
Filing No. 116 - Defendant's Motion to Strike
Filing No. 117 - Defendant's Motion to Strike
Filing No. 119 - Defendant's Motion to Compel
Preservation of Documents.
Filing No. 125 - Defendant's Motion to Hold a
Filing No. 126 - Defendant's Motion to Hold
Filing No. 127 - Defendant's Motion for Case
Filing No. 131 - Plaintiff's Motion to Strike.
Filing No. 134 - Defendant's Motion to Strike.
Filing No. 137 - Defendant's Motion to Restrict.
Filing No. 139 - Defendant's Motion to Strike.
Plaintiff's Motion to Show Cause (Filing No.
and foremost, the undersigned needs to address
Plaintiff's Motion to show cause. (Filing No.
95). NDC has moved for an order requiring Benjamin Stern
to show cause why he should not either: (1) associate with
local counsel and enter a formal appearance before this
Court; or (2) cease his participation in this case.
(Id.). Stern, an attorney admitted to practice
before the United States District Court for the Southern
District of New York and the United States District Court for
the Eastern District of New York, has been assisting pro se
defendant Khayet in the preparation of his motions and briefs
in this matter as well as directly emailing Plaintiff's
counsel on the defendant's behalf. (See
Filing No. 83 at CM/ECF pp. 12, 22; Filing No.
118-1 at CM/ECF p. 2; Filing No. 120). Stern is
not admitted to practice before this court nor has he sought
to enter an appearance in this case.
court has determined that it will not enter an order
requiring Stern to show cause. However, since Khayet has an
attorney assisting him, his filings will not receive the