Rust et al v. Gunter et al
Plaintiff: Steven Harper, Peter Hochstein, Charles J. Palmer and John Rust
Defendant: Charles Black, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Frank Gunter, Charles Hohenstein, Mario Peart and John P. Shaw
Interested Party: Jorge A. Galindo and Eric F. Vela
Case Number: 4:1984cv00712
Filed: February 16, 2010
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Warren K. Urbom
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 11, 2013 Opinion or Order Filing 167 ORDER - IT IS ORDERED: 1. The Motion for Attorney's Fees from the Federal Practice Fund (Filing No. 164 ) filed by Plaintiff's counsel, Michael J. Wilson, is granted in part, as follows: Michael J. Wilson is awarded from the Federal Prac tice Fund a fee totaling $6,000.00 for his service in this case; and 2. A copy of this Order shall be provided to Pat Williamson of the Clerk's Office so that he may make arrangements for payment from the Federal Practice Fund, and appropriate bookkeeping entries. Ordered by Chief Judge Laurie Smith Camp. (E-mailed to Pat Williamson)(TCL )
February 6, 2013 Opinion or Order Filing 163 MEMORANDUM AND ORDER ON MOTION FOR ATTORNEY'S FEES FROM THE FEDERAL PRACTICE FUND - IT IS ORDERED that filings shall be made as follows: 1. Motion for Attorney's Fees from the Federal Practice Fund; 2. Index of Evidence in Support of Motion for Attorneys Fees from the Federal Practice Fund; 3. Counsels Affidavit in Support of Motion for Attorney's Fees from the Federal Practice Fund; and 4. the Motion for Attorney's Fees from the Federal Practice Fund, as well as the Counsel's Affidavit in Support of Motion for Attorney's Fees from the Federal Practice Fund, is referred to Chief Judge Laurie Smith Camp. Ordered by Senior Judge Warren K. Urbom. (TCL )
August 21, 2012 Opinion or Order Filing 162 ORDER - The Motion for Reimbursement from the Federal Practice Fund (Filing No. 160 ) filed by Plaintiff's counsel is granted, in part, as follows: Total expenses are ordered reimbursed in the amount of $779.80. Ordered by Chief Judge Laurie Smith Camp. (E-mailed to PAW as directed) (TEL)
May 2, 2012 Opinion or Order Filing 157 MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR LEAVE TO FILE A REPLY BRIEF 152 - Defendants' motion for leave to file a reply brief, is granted, and the defendants' brief 153 and index of evidence 154 will be considered in connection with Britten's motion to terminate the consent decree. Ordered by Senior Judge Warren K. Urbom. (TEL)
January 11, 2012 Opinion or Order Filing 138 MEMORANDUM AND ORDER ON MAIL ISSUE AND AMENDING DEADLINE FOR MOTIONS - On February 1, 2012, at 2:00 p.m. I shall initiate a telephone conversation with Ms. Willard and Mr. Wilson to discuss possible resolution of the complaints by the plaintiffs abo ut the handling of mail in the prison, allowing time for Ms. Willard to investigate relevant activities and procedures at the prison. The defendant shall have until February 1, 2012, to respond to the newly-filed Motionfor Protective Order, filin g 134 . The Magistrate Judge's order of September 1, 2011, filing 127 , is amended by changing paragraph b to read: the deadline for filing motions to dismiss, motions for summary judgment or motions to exclude expert testimony on Daubert and related grounds is February 29, 2012. Ordered by Senior Judge Warren K. Urbom. (AOA)
October 17, 2011 Opinion or Order Filing 132 ORDER granting 131 Motion to Incur Expenses from Federal Practice Fund. Ordered by Senior Judge Warren K. Urbom. (EJL)
September 19, 2011 Opinion or Order Filing 129 ORDER granting 128 Stipulation. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
June 1, 2011 Opinion or Order Filing 123 MEMORANDUM AND ORDER - IT IS ORDERED: As to the discovery disclosed by the defendants, defense counsel will identify any discovery it deems "confidential." Absent prior approval of the court, plaintiffs' counsel will not disclose to th e plaintiffs any discovery designated as confidential by the defendants. A telephonic status conference to discuss further case progression will be held before the undersigned magistrate judge on September 1, 2011 at 10:00 a.m. Counsel for the defendants shall place the call. (Telephone Conference set for 9/1/2011 at 10:00 AM by telephone before Magistrate Judge Cheryl R. Zwart) Ordered by Magistrate Judge Cheryl R. Zwart. (TEL)
February 1, 2011 Opinion or Order Filing 120 MEMORANDUM AND ORDER - There is no longer need to refer to Eric F. Vela and Jorge A. Galindo as parties, but they now join Lotter and the other inmates on death row as beneficiaries of any provision of a decree favorable to Lotter. Eric F. Vela and Jorge A. Galido, as well as all other inmates on death row, shall not be known as parties, unless application is made and receives approval of the court for joinder under Rule 20 or for intervention under Rule 24 of the Federal Rules of Civil Procedu re. The interests of all inmates on death row, including Eric F. Vela and Jorge A. Galindo, shall be represented by Michael Wilson. The defendants have agreed that by reason of stare decisis any decree entered will be applicable to each death row in mate held at the Tecumseh facility at the time of the decree or thereafter. This action shall not proceed as a class action under Rule 23 of the Federal Rules of Civil Procedure, unless so designated by order of the court. The Clerk shall assign thi s case to Magistrate Judge Cheryl Zwart for pretrial purposes, including discovery, scheduling and holding pretrial conference or conferences, settlement conference or conferences, and setting a trial date amenable to counsel. Discovery is expected t o be completed within three months of the date of this order, subject to change, of course, by Magistrate Judge Zwart. Counsel may proceed with discovery as orally stated in our telephone call of January 20, 2011, until any change is made by Judge Zw art. Edward G. Warin of Kutak Rock LLP, appointed by my order of March 1, 2010, to represent Eric F. Vela and Jorge A. Galindo, is relieved of his appointment, but has volunteered to remain as advisory counsel to Michael Wilson as may be requested b y Michael Wilson. Matthew M. Enenbach has also appeared with Edward G. Warin for Eric F. Vela and Jorge A. Galindo. He similarly is relieved of representation of Vela and Galindo, except insofar as Mr. Warin's letter of January 17, 2011, appear s to include Mr. Enenbach as a volunteer advisory counsel to Michael Wilson, as may be requested by Michael Wilson. I understand that neither Mr. Warin nor Mr.Enenbach expect to receive any fee but do expect to be reimbursed for litigation expense through the Federal Practice Fund. That arrangement of voluntary service is approved by the court. Ordered by Senior Judge Warren K. Urbom. (GJG)
January 14, 2011 Opinion or Order Filing 118 ORDER granting 117 Motion to Extend. Case Management Deadline set for 1/17/2011. Ordered by Senior Judge Warren K. Urbom. (EJL )
December 15, 2010 Opinion or Order Filing 116 ORDER - In my Memorandum and Order on Pending Motions, filing 115 , and under the inherent authority of the court Michael J. Wilson, Schaefer Shapiro, 1001 Farnam Street, 3rd Floor, Omaha, Nebraska 68102, (402) 341-0700, is appointed counsel for Joh n L. Lotter and all other inmates who constitute a class of persons serving a death penalty in the Tecumseh State Correctional Institution; and payment of litigation costs and attorney fees shall be paid from the Federal Practice Fund under the restrictions set out in the Amended Plans for Administration of the Federal Practice Fund and The Federal Practice Committee District of Nebraska (As of July 15, 2008). Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(AOA)
December 6, 2010 Opinion or Order Filing 115 MEMORANDUM AND ORDER ON PENDING MOTIONS - Vela's and Galindo's "Amended Motion to Enforce Consent Decree," (ECF No. 95 ), is denied; Britten's "Motions to Terminate Consent Decree and Dismiss Case," (ECF No. 97 ), are granted insofar as they seek the denial of Vela's and Galindo's motion to enforce the consent decree, but in all other respects, I reserve ruling on the motion until the death row inmates have been given an opportunity to supplement th e record. Lotter's motion to appoint counsel, filing 103 , is granted. Counsel shall contact my chambers within seven days of the date of this order to schedule a meeting or teleconference concerning the progression of this case. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG)
November 8, 2010 Opinion or Order Filing 114 ORDER granting 112 Interested Parties' Motion to File Instanter a Brief in Response to the Defendants' Brief in Opposition to Mr. John Lotter's Motion. Ordered by Senior Judge Warren K. Urbom. (EJL)
October 18, 2010 Opinion or Order Filing 110 ORDER granting 109 Amber Allred's Motion to Withdraw as Attorney. Ordered by Senior Judge Warren K. Urbom. (JSF)
September 22, 2010 Opinion or Order Filing 104 ORDER ON MOTION FOR COUNSEL, FILING 103 - IT IS ORDERED that: 1. the clerk shall send to Edward G. Warin and Linda L. Willard, counsel for the present parties, a copy of filing 103 , and 2. response to filing 103 shall be made by counsel for Eri c F. Vela and Jorge A. Galindo on or before October 12, 2010, and by counsel for the defendants on or before October 26, 2010, regarding the issue of intervention.Ordered by Senior Judge Warren K. Urbom. (Copies mailed as directed and to pro se party)(TCL )
August 30, 2010 Opinion or Order Filing 101 ORDER on Procedure. The plaintiffs shall have until September 30, 2010, to respond to the Defendants Motions to Terminate Consent Decree and Dismiss Case, to which the defendants may then have until October 12, 2010, to respond. Further activity on other motions now pending may be delayed until resolution of the Defendants Motions to Terminate Consent Decree and Dismiss Case. Ordered by Senior Judge Warren K. Urbom. (EJL)
March 1, 2010 Opinion or Order Filing 91 ORDER APPOINTING COUNSEL - (1) the request for counsel contained in 88 is granted and under the inherent authority of the court Edward G. Warin is appointed as counsel for Jorge A. Galindo and for Eric F. Vela. (2) Volume I and Volume II of the fil es obtained from the Federal Records Center in the above-captioned case, shall be checked out to Edward G. Warin; and (3) the files shall be returned to the Office of the Clerk of the District Court for the District of Nebraska on or before 4/2/2010 as ordered by Senior Judge Warren K. Urbom. (SED)
February 16, 2010 Opinion or Order Filing 87 ORDER - Volume I and Volume II of the files obtained from the Federal Records Center in the above-captioned case, shall be checked out to Victor Covalt. The files shall be returned to the Office of the Clerk of the District Court in Lincoln, Nebraska, on or before February 25, 2010. Ordered by Senior Judge Warren K. Urbom. (JAB)
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Search for this case: Rust et al v. Gunter et al
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Defendant: Charles Black
Represented By: Robert M. Spire
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Defendant: Terence B. Campbell
Represented By: Robert M. Spire
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Defendant: Harold W. Clarke
Represented By: Robert M. Spire
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Defendant: John T. Eggers
Represented By: Robert M. Spire
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Defendant: Gary Grammer
Represented By: Robert M. Spire
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Defendant: Frank Gunter
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Defendant: Charles Hohenstein
Represented By: Robert M. Spire
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Defendant: Mario Peart
Represented By: Robert M. Spire
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Defendant: John P. Shaw
Represented By: Robert M. Spire
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Interested party: Jorge A. Galindo
Represented By: Edward G. Warin
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Interested party: Eric F. Vela
Represented By: Edward G. Warin
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Plaintiff: Steven Harper
Represented By: Victor E. Covalt, III
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Plaintiff: Peter Hochstein
Represented By: Victor E. Covalt, III
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Plaintiff: Charles J. Palmer
Represented By: Victor E. Covalt, III
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Plaintiff: John Rust
Represented By: Victor E. Covalt, III
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