White v. Smith et al
| Joseph E White |
| Richard T. Smith, Burdette Lee Searcey, Gerald Lamkin, Kent Harlan, Mark Meints, Jerry O. DeWitt, Wayne R. Price, County of Gage, Nebraska, Gage County Sheriff's Office and Gage County Attorneys Office |
| 4:2009cv03145 |
| July 15, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Adams |
| David L. Piester |
| Warren K. Urbom |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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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
748
ORDER - that the Withdrawal of Pleading (Filing 747 ) filed by interveners Holyoke, Snyder, Longoria, Reichert & Rice, PC, LLO, treated as a motion, is granted, and the Notice of Attorney's Lien (Filing 745 ) that was filed by interveners on May 27, 2021, is deemed withdrawn. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
506
ORDER TO SHOW CAUSE - On or before May 4, 2016, attorney Douglas J. Stratton, shall pay the assessment or show cause by written affidavit why he cannot comply with the rules of the court. Failure to comply with this order will result in the court removing Douglas J. Stratton as counsel of record in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
424
ORDER that Attorney Patrick T. O'Brien 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 Patrick T. O'Brien is directed to pay the $20.00 fee or show cause why he is unable to do soOrdered by Chief Judge Laurie Smith Camp. (CS)
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Filing
179
MEMORANDUM AND ORDER denying 174 Motion to Quash. On or before August 2, 2013, the Nebraska Attorney General shall fully respond to the plaintiffs' subpoena. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB, )
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Filing
172
MEMORANDUM AND ORDER-A telephonic conference before the undersigned magistrate judge will be held on April 4, 2013 at 1:00 p.m. to discuss the further progression of this case. Counsel for plaintiff shall place the call. Prior to the conference cal l, the parties shall discuss the proposed schedule for preparing this case for trial, including when they believe discovery will be complete; the deadlines for disclosing any anticipated expert reports or for filing any anticipated dispositive motions; and their proposed trial and pretrial conference dates. ( Telephone Conference set for 4/4/2013 at 01:00 PM by telephone before Magistrate Judge Cheryl R. Zwart.) Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing
171
MEMORANDUM AND ORDER - The court has reviewed the docket sheet for this case and has concluded there is an attorney appearance error. Accordingly, on the court's own motion, Herbert J. Friedman, who does not represent the plaintiff 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
170
MEMORANDUM AND ORDER - The court's docket sheet for the above-captioned action identifies both the Estate of Joseph White and Kathleen Gonzalez as named plaintiffs. After reviewing the court docket, the undersigned magistrate judge discovered Ka thleen Gonzalez was added to the docket sheet as a named plaintiff in this case on September 2, 2011. That entry was incorrect. Kathleen Gonzalez has never been a plaintiff in this action.IT IS ORDERED:1) The Court filings in this case which identify Kathleen Gonzalez as a named plaintiff in the caption (See District Court Filing Nos. 152 , 156 & 169 and Eighth Circuit Filing Nos. 160 through 164 ), are incorrect in that Kathleen Gonzalez is not, and has never been, a named plaintiff in this case.2) The clerk shall correct the court's docket accordingly. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
169
ORDER granting the Stipulation of the parties 165 and 168 . Lois P. White, Personal Representative of the Estate of Joseph E. White, is hereby substituted for Carroll T. White, Personal Representative of the Estate of Joseph E. White, as P laintiff Joseph E. White in the above-entitled action. All case captions and the courts docket sheet shall be amended accordingly. 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 action. All case captions and the courts docket sheet shall be amended accordingly. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing
167
MEMORANDUM AND ORDER that White v. Gage County, Nebraska, et al, 4:09CV3145 (WKU) is no longer consolidated for discovery purposes or otherwise with 4:09-cv-03144-RGK, 4:09-cv-03146-RGK, 4:09-cv-03147-RGK, and 4:09-cv-03148-RGK. All further filings r elative to White v. Gage County, et al, 4:09CV3145 shall be addressed to Judge Urbom and Judge Zwart and filed directly in that case rather than using the spread text function. A copy of this Memorandum and Order shall be provided to Judge Urbom and Judge Zwart by the Clerk. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
156
MEMORANDUM AND ORDER denying 146 the Defendant's Motion for Reconsideration. The Defendant's Notice of Appeal, ECF No 149 , is no longer dormat, and the clerk is notified that defendants' appeal should now proceed. Ordered by Senior Judge Warren K. Urbom. (MKR)
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Filing
152
MEMORANDUM AND ORDER - The Defendants' Motion to Stay Case Pending Outcome of Interlocutory Appeal 150 is granted, except insofar as the Defendants' Unopposed Motion to Perpetuate Testimony Under Fed. R. Civ. P. 27, 151 is granted. Pur suant to Rule 27(b), the defendant DeWitt may be deposed at a time and place agreed upon by the parties during the pendency of the appeal before the Eighth Circuit Court of Appeals; Otherwise, progression of the case is stayed until the Eighth Circuit Court of Appeals has entered a final ruling on the qualified immunity issues. Ordered by Senior Judge Warren K. Urbom. (KBJ)
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Filing
145
ORDER granting 144 Motion to Stay. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
142
ORDER denying 61 Motion for Summary Judgment; granting in part and denying in part 129 Motion to Strike.Ordered by Senior Judge Warren K. Urbom. (EJL)
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Filing
141
MEMORANDUM AND ORDER - Pursuant to the Consent for Order of Revivor and Substitution of Party for Joseph E. White, Deceased, (filing no. 140 ), the claims of Joseph E. White, deceased, are revived. Carroll T. White, as Personal Representative of the Estate of Joseph White, deceased, is the named plaintiff in this action. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
135
MEMORANDUM AND ORDER - The plaintiff's Motion to Dismiss Defendants Kent Harlan and Mark Meints, 114 is granted, and all claims against Harlan and Meints are dismissed without prejudice. Ordered by Senior Judge Warren K. Urbom. (KBJ)
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Filing
127
ORDER granting 126 Motion for Extension of Time to File Reply Brief. The defendants shall have on or before January 23, 2011, to file and serve their reply. Ordered by Senior Judge Warren K. Urbom. (EJL)
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Filing
104
ORDER granting 103 Motion to Extend Plaintiffs' Response to Motion for Summary Judgment. Case Management Deadline set for 11/22/2010. Ordered by Senior Judge Warren K. Urbom. (EJL)
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Filing
102
MEMORANDUM AND ORDER - The defendants' motion to stay proceedings 76 is granted. All discovery in this case shall be stayed until 30 days after the court rules on the defendants' pending motion for summary judgment. The plaintiff's motion to compel 79 is denied. The plaintiff's motion to extend 81 is granted in part. The plaintiff's response to the defendants' motion for summary judgment is due no later than November 8, 2010. The defendants' reply is due no later than December 8, 2010. Ordered by Magistrate Judge Cheryl R. Zwart. (KBJ)
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Filing
43
MEMORANDUM AND ORDER - 1. To the extent that the plaintiff's claims allege a false arrest or false imprisonment in violation of the Fourth Amendment, they are dismissed as untimely; 2. The GCSO and the GCAO are dismissed as defendants; 3. Defend ant Smith is dismissed from this action insofar as he is sued in his individual capacity; 4. To the extent that the complaint alleges state law claims based on malicious prosecution or other torts, those claims are dismissed; and 5. In all other respects, the defendants motion to dismiss, filing 32 , is denied. Ordered by Senior Judge Warren K. Urbom. (JAB)
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Filing
41
MEMORANDUM AND ORDER granting 34 Defendants' Motion to Stay discovery. Ordered by Judge Richard G. Kopf. (JAB)
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Filing
36
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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