Dean v. Gage County, Nebraska, et al
| James L. Dean |
| Richard T. Smith, Burdette Lee Searcey, Gerald Lamkin, Kent Harlan, Mark Meints, Jerry O. DeWitt, Wayne R. Price, Gage County Sheriff's Office, Gage County Attorneys Office and County of Gage, Nebraska |
| 4:2009cv03144 |
| July 14, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Lancaster |
| Richard G. Kopf |
| David L. Piester |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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Filing
747
ORDER - The request for production of a CD, filing 744 is granted. Alessandro Santoro is advised that the cost of the CD is $512 ($32 per hearing requested). To proceed with this request, payment should be sent to the Clerk of Court. Upon receipt of the payment, the Clerk of Court is ordered to prepare a CD of the hearings requested and mail the CD to the requestor. A copy of this order should also be mailed to Alessandro Santoro. Ordered by Senior Judge Richard G. Kopf. (Copy mailed as directed)(LKO)
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Filing
738
MEMORANDUM AND ORDER - IT IS ORDERED that: The motion for attorney fees (filing no. 723 ) is granted in part and denied in part. The plaintiffs Lois White, Thomas Winslow, Kathleen Gonzalez, and Ada JoAnn Taylor are awarded attorney fees of $ 6,422.88 for the services of Douglas J. Stratton and $4,245.00 for the services of Nathan J. Stratton to be attributed equally as between these plaintiffs. The application for attorney fees in the sum of $26,125.00 is withdrawn. The plaint iffs motion for non-taxable costs (filing no. 726 ) is granted. All the plaintiffs, and the law firm of Bartle Geir on their behalf, shall be reimbursed in the sum of $1,203.91 for non-taxable costs. The motion for attorney fees by the plainti ff James Dean (or his estate) (filing no. 732 ) is granted in part and denied in part. The plaintiff James Dean (or his estate) is awarded attorney fees of $2,625.00 for the services of Friedman Law Offices P.C., L.L.O. The application for costs is withdrawn. A separate judgment will be issued. Member Cases: 4:09-cv-03144-RGK-CRZ et al.Ordered by Senior Judge Richard G. Kopf. (TCL)
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Filing
730
ORDER TO WITHDRAW DEFENDANTS' EXHIBITS. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (CS)
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Filing
719
MEMORANDUM AND ORDER - Plaintiffs' Application for Attorneys' Fees and Costs (Filing 700 ) is granted in part, and denied in part, as follows: a. Plaintiff James L. Dean (Case No. 4:09CV3144) shall recover from Defendants Burdette Searcey, Wayne Price, and Gage County, jointly and severally, the sum of $11,314.67. b. Plaintiff Lois P. White, as Personal Representative of the Estate of Joseph White, Deceased (Case No. 4:09CV3145), shall recover from Defendants Burdette Searcey, Wa yne Price, and Gage County, jointly and severally, the sum of $34,842.54. c. Plaintiff Kathleen A. Gonzalez (Case No. 4:09CV3146) shall recover from Defendants Burdette Searcey, Wayne Price, and Gage County, jointly and severally, the sum of � 36;34,842.54. d. Plaintiff Thomas W. Winslow (Case No. 4:09CV3147) shall recover from Defendants Burdette Searcey and Gage County, jointly and severally, the sum of $34,842.54. e. Plaintiff Ada Joann Taylor (Case No. 4:09CV3148) shall recover fr om Defendants Burdette Searcey, Wayne Price, and Gage County, jointly and severally, the sum of $34,842.54. f. Plaintiff Deb Shelden (Case No. 4:11CV3099) shall recover from Defendants Burdette Searcey, Wayne Price, and Gage County, jointly and severally, the sum of $45,529.58. g. In all other respects, the Application is denied. 2.Upon consideration of Plaintiffs' Motion for Review of the Clerk's Denial of Plaintiffs' Bill of Costs (Filing 713 ): a. The clerk's or der (Filing 711 ) denying Plaintiffs' Bill of Costs is set aside and vacated. b. Defendants' Objection (Filing 718 ) is denied. c. Plaintiffs' Bill of Costs (Filing 698 ) is granted, and Plaintiffs, jointly, shall recover from Defe ndants Burdette Searcey, Wayne Price, and Gage County, jointly and severally, the sum of $3,056.70 as taxable costs. Judgment will be entered by separate document. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to Michael J. Flood) (KLF)
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Filing
711
ORDER regarding Bill of Costs (684 in 4:09-cv-03147-RGK-CRZ, 696 in 4:09-cv-03145-RGK-CRZ, 681 in 4:09-cv-03148-RGK-CRZ, 698 in 4:09-cv-03144-RGK-CRZ, 549 in 4:11-cv-03099-RGK-CRZ, 683 in 4:09-cv-03146-RGK-CRZ). In accordance with the Bill of Costs Handbook, the Bill of Costs is denied. Member Cases: 4:09-cv-03144-RGK-CRZ et al.Ordered by Deputy Clerk. (JLS)
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Filing
702
MEMORANDUM AND ORDER that no later than close of business on 8/10/18 the prevailing parties who filed the motion for attorney fees and costs and the index but without a brief shall file a brief addressing whether the motion is timely, in compliance with the local rules of this court, the 8th Circuit Court of Appeals local rules, federal rules of civil procedure and whether the law and the facts warrant the relief sought on the merits. No later than the close of business on 8/22/18, any party w ho opposes the granting of the motion for attorney fees and costs shall file a brief and index of evidence in opposition. If an opposition is filed, the prevailing parties may submit a reply brief and additional affidavits in reply no later than the close of business on 8/29/18. Member Cases: 4:09-cv-03144-RGK-CRZ et al.Ordered by Senior Judge Richard G. Kopf. (CCB)
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Filing
660
ORDER that defense counsel shall prepare and file with this court the affidavits of Wayne R. Price and Burdette Searcey attesting that they will not sell, assign, transfer, convey, mortgage, or otherwise dispose of or encumber any interest in real or personal property without prior leave of this court. Until such affidavits are on file, the court will not rule on Defendant's motion for an interim stay. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
614
MEMORANDUM AND ORDER that in Case No. 4:09CV3144, costs are taxed in favor of Plaintiff James L. Dean and against Defendants Burdette Searcey, Wayne Price, and Gage County, jointly and severally, in the amount of $350.00. In Case No. 4:09CV31 45, costs are taxed in favor of Plaintiff Lois P. White, as Personal Representative of the Estate of Joseph White, Deceased, and against Defendants Burdette Searcey, Wayne Price, and Gage County, jointly and severally, in the amount of $378.00. In Case No. 4:09CV3146, costs are taxed in favor of Plaintiff Kathleen A. Gonzalez and against Defendants Burdette Searcey, Wayne Price, and Gage County, jointly and severally, in the amount of $378.00. In Case No. 4:09CV3147, costs are taxed in favor of Plaintiff Thomas W. Winslow and against Defendants Burdette Searcey and Gage County, jointly and severally, in the amount of $371.00. In Case No. 4:09CV3148, costs are taxed in favor of Plaintiff Ada Joann Taylor and against Defenda nts Burdette Searcey, Wayne Price, and Gage County, jointly and severally, in the amount of $378.00. Judgments shall be entered by separate documents in each of the aforesaid cases. Member Cases: 4:09-cv-03144-RGK-CRZ et al.Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
610
ORDER granting 604 Request for Transcript (Non-Party). Upon payment of the appropriate fees, the request filed by non-party Flood Communications of Beatrice, LLC, for a complete trial transcript and an audio recording of closing arguments (Filing No. 604 ), is granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JAB)
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Filing
590
ORDER granting in part 588 Motion to Seal in case 4:09-cv-03144-RGK-CRZ, and Exhibit 4 contained within Defendants' Index of Evidence in support of their Motion for New Trial 587 is hereby deemed restricted and access is restricted to the Court and the parties to this action including counsel of record. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (CS)
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Filing
581
ORDER that Defendants' motion for extension of time (Filing No. 580 in lead case) is granted, as follows: Defendants shall have until August 18, 2016, to respond to Plaintiffs' motion for attorney fees and expenses (Filing No. 565 in lead case). Plaintiffs shall have until August 25, 2016, to reply. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
563
ORDER REDUCING LENGTH OF REPRIMAND AND THEN EXPUNGING IT - IT IS ORDERED that the reprimand shall expire and is herewith expunged on July 8, 2017 unless I subsequently order otherwise. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
562
ORDER Re: Attorney Fees and Nontaxable Costs - Plaintiffs may file an application for attorney fees and nontaxable costs with supporting documentation and a brief on or before 6:00 P.M. (Central Time) July 21, 2016. Defendants may respond with suppor ting documentation and a brief on or before 6:00 P.M. (Central Time) August 4, 2016. Plaintiffs may reply to Defendants' submission on or before 6:00 P.M. (Central Time) August 11, 2016. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (CS)
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Filing
555
ORDER that the defendants' motion for mistrial (filing no. 546 ) is denied without prejudice to a motion for a new trial. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
521
ORDER that Plaintiffs' motion in limine (Filing No. 507 in lead case) is granted in part and denied in part, as follows: Defendants are not precluded from calling Clifford Shelden as a witness, but shall not inquire into any items included in t he motion in limine. Defendants shall not call Clifford Shelden knowing he intends to invoke the Fifth Amendment privilege until he is presented to the court outside the presence of the jury. Member Cases: 4:09-cv-03144-RGK-CRZ et al.Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
520
ORDER - IT IS ORDERED that I defer ruling on motion (filing no. 518) until counsel for Defendants and Plaintiffs have met and conferred as to each exhibit. After that, counsel should jointly advise me whether there is any disagreement. MOTION to Su bstitute Defendants' Exhibits from Last Trial with Redacted Versions of the Exhibits (512 in 4:09-cv-03148-RGK-CRZ, 515 in 4:09-cv-03147-RGK-CRZ, 518 in 4:09-cv-03144-RGK-CRZ, 378 in 4:11-cv-03099-RGK-CRZ, 514 in 4:09-cv-03146-RGK-CRZ, 527 in 4:09-cv-03145-RGK-CRZ).Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (CS)
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Filing
517
ORDER that the Motion for Reconsideration Regarding Order on Motion in Limine (filing no. 514 in lead case) is granted. Defendants' Motion in Limine (filing no. 502 in lead case) is denied in all respects. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
513
MEMORANDUM AND ORDER granting in part and denying in part as follows: Because it is the law of the case that there is no evidence any action taken by Richard Smith prior to the filing of criminal complaints against the plaintiffs was unconstitution al, the plaintiffs cannot claim or attempt to prove that Richard Smith conspired with any of the defendants prior to May 25, 1989, or that any defendant is liable for any action that was taken by Richard Smith prior to May 25, 1989. In all other re spects, the motion is denied. (502) Motion in Limine in case 4:09-cv-03144-RGK-CRZ; granting in part and denying in part (511) Motion in Limine in case 4:09-cv-03145-RGK-CRZ; granting in part and denying in part (498) Motion in Limine in case 4:09 -cv-03146-RGK-CRZ; granting in part and denying in part (499) Motion in Limine in case 4:09-cv-03147-RGK-CRZ; granting in part and denying in part (496) Motion in Limine in case 4:09-cv-03148-RGK-CRZ; granting in part and denying in part (362) Motion in Limine in case 4:11-cv-03099-RGK-CRZ. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (MKR)
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Filing
486
AMENDED PRETRIAL ORDER with agreement of counsel, this amended pretrial conference order is herewith entered and shall bind the parties and their counsel. The prior pretrial conference order will continue to apply except to the extent provided in th is amended pretrial conference order. This case is set for a jury trial to commence on Monday, June 6, 2016, ending with submission to the jury no later than Friday, July 1, 2016. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (CCB)
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Filing
477
MEMORANDUM AND ORDER that the plaintiffs' motion for leave to disclose an additional expert witness (Filing No. 470 in lead case) is denied. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
469
ORDER that a pretrial conference will be held on 3/2/2016 at 9:00 AM in Chambers before Senior Judge Richard G. Kopf. A jury trial is tentatively scheduled as the number one case above all other civil or criminal cases starting at 9:00 AM on 6/6/201 6, and ending no later than 7/1/2016. Melanie J. Whittamore-Mantzios has now entered her appearance as counsel for the defendants (filing no. 468 ). Any motion to disqualify her shall be filed as soon as possible. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
413
ORDER that Attorney Patrick OBrien 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, Mr. O'Brien is directed to pay the $20.00 fee or show cause why he is unable to do so. Show Cause Deadline set for 6/23/2014. Ordered by Chief Judge Laurie Smith Camp. (MTB)
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Filing
400
ORDER denying 393 Defendants' Motion for Judgment and denying 394 Motion to Extend in case 4:09-cv-03144-RGK-CRZ; denying (403) Motion for Judgment; and denying (404) Motion to Extend in case 4:09-cv-03145-RGK-CRZ; denying (392) Motion fo r Judgment; denying (393) Motion to Extend in case 4:09-cv-03146-RGK-CRZ; denying (393) Motion for Judgment; denying (394) Motion to Extend in case 4:09-cv-03147-RGK-CRZ; denying (390) Motion for Judgment; denying (391) Motion to Extend in case 4:09-cv-03148-RGK-CRZ; denying (257) Motion for Judgment; denying (258) Motion to Extend in case 4:11-cv-03099-RGK-CRZ. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
387
ORDER that the court having conferred with counsel by telephone on February 12, 2014, and being duly advised in the premises, enters the following scheduling order. Plaintiffs shall have until the close of business on Friday, February 21, 2014, to file a motion, together with a supporting brief, requesting the court to enter judgment in this matter pursuant to Federal Rule of Civil Procedure 54(b). Defendants shall have until the close of business on Friday, February 28, 2014, to file a responsive brief, at which time the matter will be deemed submitted. The question of resetting the trial of this matter will be deferred until further order of the court. Ordered by Senior Judge Richard G. Kopf. (ADB)
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Filing
381
MEMORANDUM AND ORDER ON MISTRIAL - The defendants' motion for mistrial is granted. My judicial assistant shall arrange and schedule a telephone conference with counsel in approximately 7 to 10 days at which time the lawyers and I will discuss a new trial date and related matters. Member Cases: 4:09-cv-03144-RGK-CRZ et al.Ordered by Senior Judge Richard G. Kopf. (AOA)
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Filing
309
RULINGS ON MOTIONS IN LIMINE - Denying 250 , except to the extent stated in the pretrial conference order 289 "Counsel shall not suggest to the jury that it is the jury's responsibility to determine guilt or innocence in this matter.&quo t;; sustaining 252 as to all Opinions except for Opinion 1 and to that extent only the motion is denied; sustaining 256 ; denying without prejudice 258 ; denying without prejudice 261 ; denying 265 , but without prejudice to relevancy objection s at trial. If the documents must be reviewed, they should be filed as restricted access documents as provided in Judge Zwart's order 199 ; denying 267 , except to the extent stated in the pretrial conference order 289 : "Counsel shall not suggest to the jury that it is the jury's responsibility to determine guilt or innocence in this matter."; denying 269 as to Rule 26 objection, sustained as to Soucie's opinions because they are unhelpful legal conclusions by a f ormer lawyer for a party opponent, sustained to any opinions Corey O'Brien proposes to offer as to whether the defendants were reckless or assembled false evidence against the plaintiffs because those opinions are legal conclusions and unhelpful , otherwise denied; granting 272 Motion to Extend; granting 307 motion to file a supplemental index; denying 273 ; and denying 276 in case 4:09-cv-03144-RGK-CRZ. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
303
ORDER ON JURY MATTERS - This case is set for a jury trial to commence on January 6, 2014. This case will be tried to a 12-person jury with no alternates. However, if during trial one or more jurors become ill or otherwise unable to proceed, the remai ning jurors will decide the case. See Federal Rule of Civil Procedure 48(a). Pursuant to 28 U.S.C. § 1870, the plaintiffs shall be considered as a single party and the defendants shall be considered as a single party for purposes of jury selecti on. The plaintiffs shall be accorded six peremptory challenges and the defendants shall be accorded six peremptory challenges. The court will initially seat 24 prospective jurors. Filed contemporaneously herewith are Preliminary Jury Instructions tha t the undersigned will give after jury selection but before opening statements. The jurors will be given a copy of the Preliminary Jury Instructions before they are read and each juror may keep a copy of the Preliminary Jury Instructions throughout the trial. Counsel shall appear in my chambers at 10:00 A.M. on Monday, January 6, 2014. Jury selection shall commence at 10:30 A.M. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
290
ORDER - Paragraph B.12, at page 3, of the Pretrial Conference Order (filing no. 289 in Case No. 4:09CV3144) is amended. The words "of guilty" are stricken from the first sentence. In the first sentence, the words "'no contest&# 039;" are inserted in place of the words "of guilty." The Pretrial Conference Order (filing no. 289 in Case No. 4:09CV3144) is not otherwise amended. Member Cases: 4:09-cv-03144-RGK-CRZ et al.Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
255
ORDER granting (247) Joint Motion to Dismiss. All claims alleged against Defendant Gerald Lamkin, in his official and individual capacities, are dismissed without prejudice, and said Defendant shall no longer be a party to any of the above-captioned actions. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
246
MEMORANDUM AND ORDER - The Motion to Strike 224 is denied. The Non-Party Motion to Quash 231 is granted. The related Motion for Leave to Submit a Supplemental Brief by such non-parties 239 is denied as moot. The Motion to Continue and Reques t for Status Conference 236 and Amended Motion to Continue and Request for Status Conference 242 submitted by the plaintiffs are denied. Plaintiffs are granted leave to complete the deposition of Chief Deputy Klaus on or before 12/6/13. Member Cases: 4:09-cv-03144-RGK-CRZ et al.Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
240
MEMORANDUM AND ORDER in this lead (09cv3144) and all its member cases. All pending motions will be handled by Judge Kopf and are no longer referred to Magistrate Judge Zwart for ruling. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
223
MEMORANDUM AND ORDER denying (209) Order on Appeal to Magistrate Judge Order in case 4:09-cv-03144-RGK-CRZ; denying (219) Order on Appeal to Magistrate Judge Order in case 4:09-cv-03145-RGK-CRZ; denying (208) Order on Appeal to Magistrate Judge Or der in case 4:09-cv-03146-RGK-CRZ; denying (209) Order on Appeal to Magistrate Judge Order in case 4:09-cv-03147-RGK-CRZ; denying (206) Order on Appeal to Magistrate Judge Order in case 4:09-cv-03148-RGK-CRZ; denying (73) Order on Appeal to Magistrate Judge Order in case 4:11-cv-03099-RGK-CRZ. The Magistrate Judge's order entered on September 12, 2013 is sustained and shall not be disturbed. Member Cases: 4:09-cv-03144-RGK-CRZ et al.Ordered by Senior Judge Richard G. Kopf. (ADB, )
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Filing
199
ORDER denying (172) Motion to Exclude Reena Roy as an Expert Witness, (Filing No. 172 ); granting Plaintiffs' Motion to Compel Production of Documents, (Filing No. 176 ); granting Plaintiffs Joint Motion Ruling on Sufficiency of objections to requests for admission, (Filing No. 187 ).Motion Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
175
ORDER that upon the reassignment of White v. Gage County, Nebraska, et al., 4:09cv3145 from Judge Urbom to Judge Kopf, the court finds that the six cases identified in the caption of this Order are consolidated for all purposes. A Jury Trial will co mmence on 1/6/2014 at 9:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. The Pretrial Conference will be held on 12/18/2013 at 12:00 PM in Chambers before Senior Judge Richard G. Kopf. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
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Filing
169
MEMORANDUM AND ORDER that the Nebraska Attorney General's motion to quash the plaintiffs' non-party subpoena, (161 in 4:09-cv-03148-RGK-CRZ, 164 in 4:09-cv-03144-RGK-CRZ, 164 in 4:09-cv-03147-RGK-CRZ, 163 in 4:09-cv-03146-RGK-CRZ) is deni ed. This ruling also applies to Sheldon v. County of Gage, Nebraska, 4:11-cv-03099-RGK-CRZeven in the absence of a formally filed motion to quash. On or before August 2, 2013, the Nebraska Attorney General shall fully respond to the plaintiffs' subpoena. Member Cases: 4:09-cv-03144-RGK-CRZ, 4:09-cv-03146-RGK-CRZ, 4:09-cv-03147-RGK-CRZ, 4:09-cv-03148-RGK-CRZ, 4:11-cv-03099-RGK-CRZ Ordered by Magistrate Judge Cheryl R. Zwart. (ADB, )
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Filing
160
MEMORANDUM AND ORDER - IT IS ORDERED: 1) The plaintiff's motion to consolidate, (Filing No. 24), is granted. 2) As to all pretrial and trial proceedings, this case is consolidated with: 4:09-cv-03144-RGK Dean v. Gage County et al 4:09-cv-03146-R GK Gonzalez v. Gage County et al 4:09-cv-03147-RGK Winslow v. Gage County et al 4:09-cv-03148-RGK Taylor v. Gage County et al 3) Dean v. Gage County, Nebraska, et al, 4:09CV3144, is hereby designated as the "Lead Case," and the other four cases are each designated as a "Member Case." 4) The court's CM/ECF System has the capacity for "spreading" text among consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be fi led in the Member Cases. To this end, the parties are instructed to file in the Lead Case, 4:09CV3144, Dean v. Gage County, Nebraska, et al, all further documents except those described in paragraph 5 and to select the option "yes" in r esponse to the System's question of whether to spread the text. 5) The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; to file items related to service of process; or to file notices of appeal. 6) If a party believes that an item in addition to those described in paragraph 5 should not be filed in all of these consolidated cases, the party must move for permission to file the item in only one of the cases. The motion must be filed in all of the consolidated cases using the spread text feature. 7) The clerk shall file this order in in the Lead Case, 4:09CV3144, Dean v. Gage County, Nebraska, as a spread text order. Member Cases: 4:09-cv-03144-RGK-CRZ, 4:09-cv-03146-RGK-CRZ, 4:09-cv-03147-RGK-CRZ, 4:09-cv-03148-RGK-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
159
MEMORANDUM AND ORDER - The court has reviewed the docket sheet for this case and has concluded there are party name and attorney appearance errors. Accordingly, on the court's own motion, 1) Plaintiff Kathleen Gonzalez, who has never been a plaintiff in this case, and Jeffry D. Patterson, her attorney of record in the related case, 4:09-cv-03146-RGK-CRZ, Gonzalez v. Gage County, Nebraska, shall be terminated on the docket sheet of the above-captioned action.2) Robert Bartle, who does not represent James Dean or any other party in the above-captioned action, shall be terminated on the docket sheet of this case.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
158
ORDER OF REVIVOR granting the joint stipulations and motions of the parties for an order of revivor. Ryan L. Timmerman, Personal Representative of the Estate of Jerry O. DeWitt, is hereby substituted for Jerry O. DeWitt as a defendant in the above -entitled actions. All case captions and the court's docket sheet shall be amended accordingly. Member Cases: 4:09-cv-03144-RGK-CRZ, 4:09-cv-03146-RGK-CRZ, 4:09-cv-03147-RGK-CRZ, 4:09-cv-03148-RGK-CRZ. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
154
MEMORANDUM AND ORDER granting the parties joint oral Motion to Consolidate Cases 153 . The cases identified in the caption of this Memorandum and Order are consolidated for all purposes. Dean v. Gage County, Nebraska, et al, 4:09cv3144 is designat ed as the "Lead Case," and the other three cases identified in the caption are each designated as a "Member Case." The court's CM/ECF System has the capacity for "spreading" text among consolidated cases. If properl y docketed, the documents filed in the Lead Case will automatically be filed in the Member Cases. To this end, the parties are instructed to file in the Lead Case, 4:09CV3144, Dean v. Gage County, Nebraska, et al, all further documents except those d escribed in paragraph 4 and to select the option "yes" in response to the System's question of whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay fili ng fees electronically using pay.gov; to file items related to service of process; or to file notices of appeal. If a party believes that an item in addition to those described in paragraph 4 should not be filed in all of these consolidated cases, the party must move for permission to file the item in only one of the cases. The motion must be filed in all of the consolidated cases using the spread text feature. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
149
MEMORANDUM AND ORDER that a status conference with counsel in my chambers shall be held on Monday, February 4, 2013, at 12:00 noon - 2:00 p.m. Judge Zwart will participate with the undersigned. Counsel shall be prepared to discuss all progression issues and particularly explain what further discovery is needed and when these matters will be ready for trial. Ordered by Senior Judge Richard G. Kopf. (ADB)
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Filing
136
MEMORANDUM AND ORDER -Defendants motions to strike (filing 127 in Case No. 4:09CV3144; filing 129 in Case No. 4:09CV3146; filing 127 in Case No. 4:09CV3147; and filing 127 in Case No. 4:09CV3148) are granted in part and denied in part, as e xplained in the memorandum accompanying this order. Defendants motions for summary judgment (filing 49 in Case No. 4:09CV3144; filing 61 in Case No. 4:09CV3146; filing 59 in Case No. 4:09CV3147; and filing 59 in Case No. 4:09CV3148) are gr anted. Final judgment shall be entered by separate document dismissing Plaintiffs actions with prejudice. Member Cases: 4:09-cv-03144-RGK -CRZ, 4:09-cv-03146-RGK -CRZ, 4:09-cv-03147-RGK -CRZ, 4:09-cv-03148-RGK -CRZOrdered by Judge Richard G. Kopf. (MKR)
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Filing
125
ORDER granting (122) Motion to Dismiss Party ; granting (123) Motion to Dismiss Party ; granting (124) Motion to Extend in case 4:09-cv-03144-RGK-CRZ; granting (114) Motion to Dismiss Party ; granting (125) Motion to Dismiss Party ; granting (126) Mo tion to Extend in case 4:09-cv-03146-RGK-CRZ; granting (112) Motion to Dismiss Party; granting (123) Motion to Dismiss Party ; granting (124) Motion to Extend in case 4:09-cv-03147-RGK-CRZ; granting (112) Motion to Dismiss Party ; granting (123) Moti on to Dismiss Party ; granting (124) Motion to Extend in case 4:09-cv-03148-RGK-CRZ in case 4:09-cv-03147-RGK-CRZ. Defendants shall have until January 24, 2011, to file a reply in support of their motions for summary judgment. All claims alleged ag ainst Defendant Kent Harlan, in his official and individual capacities, and all claims alleged against Defendant Mark Meints, in his official and individual capacities, are dismissed without prejudice, and such Defendants shall no longer be parties to this action. Member Cases: 4:09-cv-03144-RGK-CRZ, 4:09-cv-03146-RGK-CRZ, 4:09-cv-03147-RGK-CRZ, 4:09-cv-03148-RGK-CRZOrdered by Judge Richard G. Kopf. (JAE)
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Filing
102
ORDER granting (101) Motion to Extend in case 4:09-cv-03144-RGK-CRZ; (103) Motion to Extend in case 4:09-cv-03146-RGK-CRZ; (101) Motion to Extend in case 4:09-cv-03147-RGK-CRZ; and (101) Motion to Extend in case 4:09-cv-03148-RGK-CRZ. Plaintiffs sha ll have until November 22, 2010, to respond to Defendants' motions for summary judgment. Defendants shall have 30 days thereafter to reply. Member Cases: 4:09-cv-03144-RGK-CRZ, 4:09-cv-03146-RGK-CRZ, 4:09-cv-03147-RGK-CRZ, 4:09-cv-03148-RGK-CRZOrdered by Judge Richard G. Kopf. (JAE)
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Filing
99
ORDER -Defendants motions to stay discovery (4:09cv3144 filing 64 , 4:09cv3146 filing 76, 4:09cv3147 filing 74, 4:09cv3148 filing 74) are granted: All discovery in these cases shall be stayed until 30 days after the court rules on Defendants pending motions for summary judgment. Plaintiffs motions to compel (4:09cv3144 filing 67 , 4:09cv3146 filing 79, 4:09cv3147 filing 77, 4:09cv3148 filing 77) are denied. Plaintiffs motions for an enlargement of time (4:09cv3144 filing 69 , 4:09cv3146 fili ng 81, 4:09cv3147 filing 79, 4:09cv3148 filing 79) are granted to a limited extent, but otherwise are denied: Plaintiffs shall have 90 days from todays date to respond to Defendants motions for summary judgment. Defendants shall have 30 days thereafter to reply. Member Cases: 4:09-cv-03144-RGK-CRZ, 4:09-cv-03146-RGK-CRZ, 4:09-cv-03147-RGK- CRZ, 4:09-cv-03148-RGK-CRZ Ordered by Judge Richard G. Kopf. (MKR)
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Filing
38
ORDER. It is ordered that: (1)The following matter previously scheduled before the undersigned is herewith referred to Judge Zwart, to wit,(A)Nature of hearing:Pretrial conference.(B)Date and time of hearing: Thursday, March 17, 2011, at 9:00 a.m.(C )Place of hearing: Judge Zwart's chambers, Room 566, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(2)Judge Zwart will issue a report and recommendation or order as is appropriate.Member Cases: 4:09-cv-03144-RGK-CRZ, 4:09-cv-03145-WKU-CRZ, 4:09-cv-03146-RGK-CRZ, 4:09-cv-03147-RGK-CRZ, 4:09-cv-03148-RGK-CRZOrdered by Judge Richard G. Kopf. (KLL, )
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Filing
32
MEMORANDUM AND ORDER - The defendants' motion to dismiss (filing 21 ) is granted in part and denied in part, as follows: The plaintiff's claim that the defendants violated his rights under the Fourth and Fourteenth Amendments is dismissed with prejudice, as barred by the statute of limitations. The plaintiff's claim that the defendants violated his rights under the Fifth and Fourteenth Amendments is dismissed with prejudice, as barred by the statute of limitations, but only to th e limited extent that the plaintiff alleges his confession was coerced. This dismissal does not affect the plaintiff's allegations that his guilty plea was involuntary or that the defendants manufactured evidence against him. The Gage County Sh eriff's Office and the Gage County Attorney's Office are dismissed from the action as non-suable entities. To the extent that the complaint alleges any state-law claims for false arrest, false imprisonment, malicious prosecution, or other torts, those claims are dismissed without prejudice. In all other respects, the defendants' motion to dismiss is denied. Ordered by Judge Richard G. Kopf. (GJG)
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Filing
30
MEMORANDUM AND ORDER - The defendants' motion to stay discovery, (filing no. 23 ), is granted. Ordered by Judge Richard G. Kopf. (GJG)
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Filing
25
MEMORANDUM AND ORDER - Because of problems encountered with the court's CM/ECF electronic filing system, Defendants are granted an extension of time, until August 7, 2009, to respond to the plaintiff's complaint. Ordered by Judge Richard G. Kopf. (JAB)
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