S-20-0457 Stacy Ryan (Appellant) v. Streck, Inc.
Sarpy County District Court, Hon. Nathan B. Cox
Attorneys: Bonnie M. Boryca & Cory R. Wilson (Erickson Sederstrom, PC, for Appellant); Thomas H. Dahlk & Victoria H. Buter (Kutak Rock, LLP, for Appellee)
Civil: Breach of Contract; Statute of Limitations
Proceedings Below: The district court granted Appellee’s motion to dismiss, concluding that Appellant’s complaint was barred by the statute of limitations.
Issues on Appeal: Whether the district court erred in 1) finding that the U.S. District Court did not exercise supplemental jurisdiction over Appellant’s breach of contract claim; 2) finding that 28 U.S.C. § 1367(d) did not act to toll the statute of limitations on Appellant’s breach of contract claim; 3) finding that Neb. Rev. Stat. § 25-201.01 did not provide additional time for Appellant to file her breach of contract claim; and 4) raising sua sponte the defense of statute of limitations.