Rust et al v. Nebraska Department of Correctional Services Religion Study Committee et al
| Wolfgang Rust, Bobby Conn and other Peodisc 3eleafa Prisoners |
| Nebraska Department of Correctional Services Religion Study Committee, Robert P. Houston, Francis X. Hopkins, Larry Wayne, Kathy Blum, Joe Baldassano, Steve Marsh and Tarn E. Davis |
| 4:2008cv03185 |
| August 26, 2008 |
| US District Court for the District of Nebraska |
| Prisoner: Civil Rights Office |
| Lancaster |
| Pro Se Docket |
| Laurie Smith Camp |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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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
92
MEMORANDUM AND ORDER granting parties' Joint Motion for Entry of Stipulated Judgment for Attorneys' Fees 91 . The parties have stipulated and agreed to a judgment for attorneys fees in favor of Plaintiffs and against Defendants in the am ount of $12,400.00. IT IS THEREFORE ORDERED that: The parties' Joint Motion for Entry of Stipulated Judgment for Attorneys' Fees (Filing No. 91) is granted. In accordance with this Motion and the parties'Stipulated Judgment (Filing No. 86), this matter is dismissed with prejudice; and a separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (TEL)
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Filing
82
MEMORANDUM AND ORDER - Counsel for both parties shall appear, with full settlement authority, in the undersigned Judge's chambers on December 9, 2010, from 12:00 p.m. to 1:30 p.m., for a Settlement Conference. No extensions of the Settlement Conference date will be granted. Ordered by Judge Richard G. Kopf. (KBJ)
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Filing
78
MEMORANDUM AND ORDER - This matter is before the court on its own motion. The parties are currently in settlement negotiations. To accommodate these negotiations, the court postponed a Telephone Conference to discuss the entry of an appropriate pro gression order. (See Filing Nos. 73 and 76 .) On July 21, 2010, the parties advised the court that they were continuing to make progress towards a potential resolution of this case. (Filing No. 77 .) More than a month has passed since this update . Accordingly, the parties shall have ten days to advise the court, in writing, of their current settlement negotiation status. By September 24, 2010, the parties shall advise the court, in writing, of their settlement negotiation status. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(KBJ)
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Filing
76
MEMORANDUM AND ORDER - The Telephone Conference scheduled on May 26, 2010, at 1:30 p.m. is postponed until further notice from the court. By June 9, 2010, the parties shall advise the court of their settlement negotiation status. Ordered by Judge Richard G. Kopf. (KBJ) Modified on 5/26/2010 to edit text to remove copies mailed, as the plaintiffs have an attorney of record (KBJ).
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Filing
73
MEMORANDUM AND ORDER - With thanks for accepting the appointment, Gene Summerlin is hereby appointed to represent Plaintiffs. The Clerk of the court shall provide Mr. Summerlin with a copy of this Memorandum and Order. Mr. Summerlin shall promptly enter his appearance. No later than Monday, May 17, 2010, Mr. Summerlin shall consult with counsel for Defendants and then schedule a telephone conference with counsel for Defendants, the undersigned and Mr. Summerlin. Mr. Summerlin should contact my assistant Kris Leininger to schedule the telephone conference. The purpose of the conference will be to discuss the entry of an appropriate progression order. Upon the entry of Mr. Summerlin's appearance, the Clerk of the court shall immedi ately pay the sum of $1,000 to Mr. Summerlin. A second and the last installment of $1,000 shall become due and payable upon the entry of judgment in the district court or upon an order terminating Mr. Summerlin's service as Plaintiffs ' attorney. Mr. Summerlin may incur reasonable expenses when representing Plaintiffs in accordance with parts III(A), VI(C), VI(E), VI(F), VI(G), VI(H), and VI(I) of the Amended Plans for Administration of the Federal Practice Funds and Federal Practice Committee (available at http://www.ned.uscourts.gov/pom/crtplans/index.html). See also NEGenR 1.7(g) and NECivR 54.3-54.4. If this suit results in an award of attorney fees pursuant to 42 U.S.C. § 1988, Mr. Summerlin shall reimburse t he Federal Practice Fund from that award for the lesser amount of as set forth in this Order. The Clerk of the court shall provide Plaintiffs, counsel for Defendants, Chief Judge Bataillon and Judge Smith Camp with a copy of this Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copies mailed as directed) (KBJ)
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Filing
72
MEMORANDUM AND ORDER - Defendants' Motion for Summary Judgment 46 is denied with respect to Plaintiffs' RLUIPA and First Amendment claims relating to Defendants' practice of scheduling a combined worship time for Theodish Belief and Asatru practitioners; and A separate order will be entered progressing this matter to trial. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(KBJ)
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Filing
67
MEMORANDUM AND ORDER that 61 Motion to Extend is granted and Plaintiffs' Brief in Opposition to Defendants' Motion for Summary Judgment is deemed timely filed; Plaintiffs' official capacity claims for monetary relief against Defendan ts Houston, Hopkins, Wayne, Blum, Baldassano, Marsh and Davis are dismissed without prejudice; Plaintiff's 56 Motion for Order compelling discovery is denied as moot; Defendants shall provide Plaintiffs with a copy of Mr. J. Dirk Reeks' d eposition transcript at Plaintiffs' cost; Defendants' 46 Motion for Summary Judgment is granted in part.Plaintiffs' RLUIPA and First Amendment claims for Defendants' failure to approve organic food, mead and devotional items for Theodish Belief worship, prevent Theodish Belief practitioners from hearing the religious messages of other faith groups, grant Theodish Belief practitioners early line status, permit Theodish Belief practitioners to retain personal religious materi als beyond the prison's four cubic feet allotment, and pursue a grant for an automated computer system designed to assist Theodish Belief practitioners in researching their beliefs are dismissed with prejudice. Plaintiffs' RLUIPA and First Amendment claims for Defendants' failure to exempt Theodish Belief practitioners from room restriction are dismissed without prejudice; Defendants shall have until December 15, 2009, to supplement the record in accordance with this Memorandum an d Order and the court's local rules with evidence to clarify the record regarding Plaintiffs RLUIPA and First Amendment claims for Defendants' failure to provide Plaintiffs with a separate worship time. Plaintiffs may respond no later than January 19, 2010; The final pretrial conference scheduled for November 19, 2009, is cancelled. The final pretrial conference will be rescheduled after the resolution of the compelling interest issue, if necessary; and The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: January 19, 2010: check for Plaintiffs'reply brief. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB, )
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Filing
58
MEMORANDUM AND ORDER granting 35 Motion for Leave to Amend Complaint. The Clerk of the court is directed to file the proposed Amended Complaint as a separate document n this matter. (See Filing 35 at CM/ECF pp. 4-74.) Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
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Filing
15
ORDER denying 7 Motion to Appoint Counsel ; denying 8 Motion to Appoint Counsel; Plaintiffs "PEODISC3ELEAFA PRISONERS" are dismissed from this action; Plaintiffs' RLUIPA and first Amendment claims against Defendants may proceed as set forth in this Memorandum and Order and service is now warranted; Clerk of Court shall send 15 summons forms and 15 USM-285 forms (for service on Defendant DCS Religion Study Committee in its official capacity only and for service on the individua l Defendants in both their individual and official capacities) to Plaintiffs together with a copy of this Memorandum and Order. Plaintiffs shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the court. In the absence of the forms, service of process cannot occur; Upon receipt of the completed forms, the Clerk of the court will sign the summons forms, to be forwarded with a copy of the Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons andComplaint without payment of costs or fees. Plaintiffs are hereby notified that failure to obtain service of process on adefendant within 120 days of the date of this order may result in dismissal ofthis matter without fu rther notice as to such defendant. A defendant hastwenty (20) days after receipt of the summons to answer or otherwiserespond to a complaint. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: March 31, 2009: Check for completionof service of summons; and 10. The parties are bound by the Federal Rules of Civil Procedure and by theLocal Rules of this court. Plaintiffs shall keep the court informed their current addresses at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Judge Laurie Smith Camp. (Copies of Memorandum and Order along with 15 summons forms and 15 USM-285 forms mailed to Plaintiffs)(PCV, )
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Filing
14
MEMORANDUM AND ORDER granting 4 Motion for Leave to Proceed in forma pauperis. Plaintiff, Bobby Conn shall pay an initial partial filing fee of $12.88 by December 5, 2008, unless an enlargement of time is granted in response to a written motio n. If the initial partial filing fee is not received by the specified deadline, this case is subject to dismissal; After payment of the initial partial filing fee, Plaintiffs institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the court; The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiffs institution; The Clerk of the court is d irected to set a pro se case management deadline in this case using the following text: December 5, 2008: initial partial filing fee payment due; Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed)(MKR) Modified on 11/19/2008 to add plaintiff's name(MKR).
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