A.W. v. State of Nebraska et al
| A.W., Jane Doe and John Doe |
| Jon Bruning, Gene Mahon, Nebraska State Patrol, David Sankey, State of Nebraska and Paul Wood |
| 8:2014cv00256 |
| August 28, 2014 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
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Filing
79
MEMORANDUM AND ORDER - Plaintiffs' Emergency Motion to Keep Injunction in Place (Filing 78 ) is granted. Defendants, and each of them, remain permanently enjoined from enforcing Neb. Rev. Stat. § 29-4003(1)(a)(iv) against Plaintiffs. Pursu ant to Federal Rule of Civil Procedure 25(d), Colonel John A. Bolduc is substituted as a party defendant for Colonel Bradley Rice. The clerk of the court shall make the substitution on the docket sheet. Defendants shall appear in Courtroom No. 2, Fed eral Building, 100 Centennial Mall North, Lincoln, Nebraska, on Tuesday, September 11, 2018, at 2:00 p.m., and show cause why they should not be held in contempt and punished for failing to comply with the court's order. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
69
MEMORANDUM AND ORDER - Defendants' motion for summary judgment (Filing No. 56 ) is denied. Plaintiffs' motion for summary judgment (Filing No. 59 ) is granted. Judgment shall be entered by separate document, generally providing that Defendants shall be permanently enjoined from enforcing Neb. Rev. Stat. § 29-4003(1)(a)(iv) against Plaintiffs. Ordered by Senior Judge Richard G. Kopf. (MKR)
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Filing
68
MEMORANDUM AND ORDER - Plaintiffs' motion for leave to amend (Filing No. 65 ) is granted in part and denied in part, as follows: a. Paragraph 1 of the statement of relief requested" by Plaintiffs' motion for summary judgment (Filing N o. 59 ) is amended by interlineation by inserting "One," after "Counts" and before "Two and Three." b. Paragraph 2 of the "statement of relief requested" by Plaintiffs' motion for summary judgment (Filing No. 59 ) is stricken. c. In all other respects, the motion is denied. Plaintiffs' motion for summary judgment (Filing No. 59 ), as amended by this order, and Defendants' motion for summary judgment (Filing No. 56 ) are taken under submission, and no further briefing or evidentiary filings will be permitted by either side without prior leave of court. Plaintiffs' requests for oral argument are denied. Ordered by Senior Judge Richard G. Kopf. (MKR)
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Filing
42
MEMORANDUM AND ORDER - The Defendants' 25 Motion to Dismiss is granted in part and denied in part as follows: a. All claims against the State of Nebraska and the Nebraska State Patrol are dismissed without prejudice. b. Plaintiffs Fifth Amendment claim is dismissed with prejudice. c. Plaintiffs procedural due process claim is dismissed with prejudice. d. In all other respects, the motion is denied. Ordered by Senior Judge Richard G. Kopf. (MKR)
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Filing
39
MEMORANDUM AND ORDER- The Plaintiff's MOTION Certify State Law Question 32 is denied. Ordered by Senior Judge Richard G. Kopf. (MKR)
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Filing
29
ORDER granting the Plaintiff's 28 Motion to Extend. Plaintiff hsall have until January 12, 2015, to respond to Defendants' motion to dismiss 25 . Ordered by Senior Judge Richard G. Kopf. (MKR)
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Filing
27
ORDER granting the parties' Joint 22 Motion to Amend temporary restraining order as follows: Paragraph 2 of the temporary restraining order entered on August 29, 2014 (filing 6 ), is amended to read: The defendants and each of them are tempo rarily restrained from taking any action against A.W. or his guardians under the Nebraska Sex Offender Registration Act until further order of this Court. Plaintiff's motion for preliminary injunction will continue to be held in abeyance. Ordered by Senior Judge Richard G. Kopf. (MKR, )
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Filing
7
ORDER- The temporary restraining order (filing 6 ) remains in effect until further order of the court. This matter is referred to Magistrate Judge Zwart. After first discussing the same with counsel, Judge Zwart shall schedule a firm trial date w ithin approximately six months of the date of this order and issue a progression order accordingly. Both lawyers suggest that a relatively early date be set for motions for summary judgment. Judge Zwart is requested to confer with counsel on the t elephone prior to issuance of the progression order. Defense counsel Ryan S. Post shall enter his appearance immediately. The Clerk of Court shall provide a copy of this order to Judge Zwart, Mr. Weir and Mr. Post. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (MKR)
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Filing
6
TEMPORARY RESTRAINING ORDER - IT IS ORDERED that: Plaintiffs' motion for temporary restraining order and preliminary injunction (filing 2 ) is granted in part and held in abeyance in part. The temporary restraining order is granted and the mo tion for preliminary injunction is held in abeyance. The defendants and each of them are temporarily restrained from taking any action against A.W. or his guardians under any sex offender registration act or compact related thereto until further or der of this Court. Today, by telephone, the Clerk shall notify the Nebraska Attorney General's Office of the entry of this temporary retraining order and shall provide that office with a copy. Counsel for the plaintiffs shall schedule a status telephone conference with the undersigned and counsel for the defendants by calling my judicial assistant at 402-437-1640 on Tuesday, September 2, 2014. The status conference will discuss issues related to the temporary restraining order, as well as scheduling of a hearing on the request for preliminary injunction. Ordered by Senior Judge Richard G. Kopf. (TCL )
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