Phelps-Roper v. Heineman et al
| 4:2009cv03268 |
| December 30, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| F. A. Gossett |
| Laurie Smith Camp |
| Constitutional - State Statute |
| 28 U.S.C. ยง 1331 Fed. Question |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
325
ORDER denying Richard Hedrick's 322 Motion to Reconsider Intervention. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to 404 Mormon Tr, Lincoln, NE 68521)(MKR)
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Filing
319
ORDER denying 318 Richard Hedrick's Motion to Intervene. The Clerk shall mail a copy of this Order to Richard Hedrick at his address of record. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed as directed to 404 Mormon Tr, Lincoln, NE 68521) (JSF)
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Filing
300
MEMORANDUM AND ORDER - The Motion in Limine (Filing No. 279 ), filed by Plaintiff Shirley L. Phelps-Roper, is denied; The Motion in Limine (Filing No. 281 ), filed by Defendant Don Kleine, is denied; The Motion in Limine (Filing No. 283 ), file d by Defendant Todd Schmaderer is granted, in part, as follows: a. Phelps-Roper is precluded, in limine, from presenting any evidence of events of picketing or protest activities involving Phelps-Roper or the Westboro Baptist Church in Nebraska prior to August 2011, as such evidence relates to Phelps-Ropers as applied challenge to the NFPL; b. The Motion is otherwise denied, without prejudice; and The Motion for Partial Summary Judgment (Filing No. 285 ), filed by Defendant Todd Schmaderer, is denied. Ordered by Chief Judge Laurie Smith Camp. (MKR) Modified on 3/13/2015 to remove copies mailed to pro se party(MKR).
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Filing
277
ORDER. Counsel appeared for the final pretrial conference as set out in the order. The proposed pretrial documents were reviewed. The proposed order on final pretrial conference is accepted, noting it will be amended; Any motion addressing Controv erted and Unresolved Issues must be filed on or before 3/6/2015; any replies to such motions will be filed on or before 3/11/2015. A new trial exhibit list, with objections noted, will be submitted on or before 3/6/2015. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
269
ORDER RE: TRIAL PREPARATION (CIVIL NON-JURY TRIAL). Ordered by Chief Judge Laurie Smith Camp. (JB)
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Filing
258
MEMORANDUM AND ORDER - The Motion for Summary Judgment (Filing No. 223 ) filed by Plaintiff Shirley L. Phelps-Roper, is denied; The Motion in Limine (Filing No. 244 ) filed by Plaintiff Shirley L. Phelps-Roper, is denied without prejudice; and The Motion to Strike (Filing No. 249 ) filed by Defendants Jon Bruning and Dave Heineman is denied as moot. Ordered by Chief Judge Laurie Smith Camp. (MKR)
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Filing
257
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 256 Motion to Continue. Pretrial Conference set for 2/27/2015 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. Non-Jury Trial set for 3/17/2015 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
227
ORDER that Attorney Michael F. Polk has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Attorney Michael F. Polk is directed to pay the $20.00 fee or show cause why he is unable to do so. Ordered by Chief Judge Laurie Smith Camp. (CS)
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Filing
226
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 224 Motion to Extend and granting 225 Motion to Continue. Defendants shall respond to plaintiff's motion for summary judgment on or before 6/4/2014. Plaintiff's r eply deadline is 6/25/2014. The Pretrial Conference is rescheduled to 10/17/2014 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. The Non-Jury Trial is set for 11/18/2014 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
212
ORDER granting 208 Motion to Extend. The written discovery deadline is extended to March 14, 2014. Any additional written discovery shall be limited to the question of why videos and photographs of picketing activities were not retained. All other deadlines established in this case remain as presently set. Ordered by Magistrate Judge F.A. Gossett. (JSF)
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Filing
203
ORDER that Defendants' Motion to Quash Plaintiff's Notice of Taking Deposition of Senator Bob Krist and for a Protective Order Barring Plaintiff from Obtaining Discovery from any Current or Former Nebraska State Senator 180 is granted, i n part. Plaintiff's notice to depose Senator Bob Krist is quashed. Defendants' request for a protective order is denied. Such request may be reconsidered, if necessary, at a later time. Defendants' Motion to Quash Plaintiff's Noti ce of Taking Records Deposition of Patrick O'Donnell and of Plaintiff's Related Subpoena to Produce Documents 183 is granted. Defendants shall, however, produce a certified copy of the official legislative history for LB284 within fourteen (14) days of this Order. Ordered by Magistrate Judge F.A. Gossett. (JSF)
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Filing
195
ORDER AND JUDGMENT that the 194 Stipulation for Dismissal is approved; The Plaintiff's Complaint and all claims of relief stated therein against defendants Nathan Cox and William Brueggemann are dismissed with prejudice; and The Court will not assess costs and attorney's fees. Ordered by Chief Judge Laurie Smith Camp. (ADB)
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Filing
146
ORDER - The Motion to Withdraw as Counsel (filing 145 ) is granted. The Clerk of Court shall terminate Diane Carlson as counsel of record for Defendant Donald Kleine and shall terminate future notices to Ms. Carlson in this action. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
143
ORDER. This case is before the court following receipt of the mandate from the Eighth Circuit Court of Appeals. A Status Conference is set for 6/24/2013 at 10:00 AM before Magistrate Judge F.A. Gossett, to discuss further progression of the case. The hearing will be held by telephone conference call initiated by counsel for the plaintiff. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
133
ORDER approving 132 Joint Stipulation for dismissal. All claims asserted by Plaintiff Shirley L. Phelps-Roper against Defendant L. Kenneth Polikov are dismissed with prejudice; and, Defendant Polikov will bear his own costs, expenses and attorney fees; and Plaintiff Phelps-Roper will bear her own costs, expenses and attorney fees as to Defendant Polikov. Ordered by Judge Laurie Smith Camp. (CCB)
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Filing
131
MEMORANDUM AND ORDER denying 122 Motion for Reconsideration. Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
118
ORDER granting 117 Motion to Dismiss Party. All claims asserted by Plaintiff Shirley L. Phelps-Roper against Defendants Anthony McPhillips and Steven M. Curry are dismissed with prejudice; and Defendants McPhillips and Curry will pay their own costs, expenses and attorney fees; and Plaintiff Phelps-Roper will bear her own costs, expenses and attorney fees as to Defendants McPhillips and Curry. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
116
ORDER that the Motion for Preliminary Injunction 5 and the Proposed Order docketed as a motion 37 , submitted by Plaintiff Shirley L. Phelps-Roper against all Defendants, are both denied. Ordered by Judge Laurie Smith Camp. (JB)
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Filing
111
ORDER the evidentiary objections to plaintiff's evidence for preliminary injunction 105 are sustained in part and are otherwise overruled as ordered by Judge Laurie Smith Camp. (SED)
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Filing
103
ORDER that the Motion to Continue and Stay Proceedings 102 , submitted by Defendants Dave Heineman and Jon Bruning, is denied without prejudice to the Motion to Stay being revisited at the time of the hearing. Ordered by Judge Laurie Smith Camp. (JB)
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Filing
95
ORDER regarding MOTION for Preliminary Injunction 5 filed by Shirley L. Phelps-Roper. Plaintiff's claims against Defendants Smith, Mizner, Houloose, Troutman, Mixan, Dammast and the City of Bellevue are dismissed, without prejudice; Plaintiff& #039;s motion for preliminary injunction 5 is denied as moot as to items c. through h. as listed in plaintiff's motion; a hearing on the remaining items in plaintiff's motion for preliminary injuction 5 is scheduled for 5/10/2010 at 3:30 p.m.; the parties are advised that because of the court's time limitations, evidence should be submitted in the form of written affidavits or declarations as ordered by Judge Laurie Smith Camp. (SED)
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Filing
93
AMENDED MEMORANDUM AND ORDER regarding: Memorandum and Order 92 the joint stipulation of consent decree 79 is rejected; defendants' objections 84 85 86 87 88 are sustained; Counts VI and VII of the amended complaint are dismissed a s moot with prejudice; defendants' motions to dismiss and abstain or to stay proceedings 42 47 51 52 56 72 are granted in part and denied in part as follows: (a) Counts III through V and VIII of the amended complaint are dismissed wi thout prejudice, (b) defendants Todd Hutton and the Nebraska Supreme Court are dismissed from this action, (c) otherwise the motions are denied; the motion to dismiss 68 is denied and the remaining defendants will respond to Counts I and II of the amended complaint on or before 5/3/2010 as ordered by Judge Laurie Smith Camp. (SED)
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Filing
70
ORDER granting 45 Motion to Continue submitted by Defendants Dave Heineman, Jon Bruning, Todd J. Hutton, and the Nebraska Supreme Court. The hearing on the Plaintiff's Motion for Preliminary Injunction 5 is continued pending the Court's ruling on the Defendants' Motions to Dismiss and Abstain or in the Alternative Motions to Stay Proceedings and for Protective Order (Filing Nos. 42 , 47 , 51 , 52 , and 56 ). Ordered by Judge Laurie Smith Camp. (JAE)
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