v. DOE et al
Case Number: 4:2009cv03258
Filed: December 18, 2009
Court: US District Court for the District of Nebraska
Office: Civil Rights: Other Office
Presiding Judge: Richard G. Kopf
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: Civil Miscellaneous Case
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Date Filed Document Text
July 16, 2010 Opinion or Order Filing 55 MEMORANDUM AND ORDER - The magistrate judges findings and recommendation (filing 54 ) are adopted. The plaintiff's complaint is dismissed with prejudice for want of prosecution. Final judgment will be entered by separate document. Ordered by Judge Richard G. Kopf. (JAE)
May 20, 2010 Opinion or Order Filing 53 MEMORANDUM AND ORDER the plaintiff is given until 6/4/2010 to show cause why his claims should not be dismissed for want of prosecution, in the absence of which plaintiff's claims against the defendants may be dismissed and a judgment of dismiss al may be entered without further notice; the office of the clerk shall mail a copy of this order and all filings made in this case after the court granted the withdrawal of the plaintiff's attorney on 2/19/2010 32 to the name and address provided separately to the clerk's office by the undersigned magistrate judge's chambers as ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (SED)
April 19, 2010 Opinion or Order Filing 51 ORDER granting (341) Motion to Withdraw as Attorney in case 8:09-cv-00456. Member Cases: 8:09-cv-00456-RGK-CRZ et al. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
April 15, 2010 Opinion or Order Filing 50 MEMORANDUM AND ORDER denying (331) Motion for Certification of State Law Questions to the Nebraska Supreme Court in case 8:09-cv-00456-RGK-CRZ (filing (43) in case 4:09-cv-03258-RGK-CRZ; filing (32) in case 4:09-cv-03266-RGK-CRZ; filing (26) in case 4:10-cv-03003-RGK-CRZ; filing (31) in case 4:10-cv-03004-RGK-CRZ; filing(26) in case 4:10-cv-03005-RGK-CRZ) Member Cases: 8:09-cv-00456-RGK-CRZ et al.Ordered by Judge Richard G. Kopf. (ADB, )
March 3, 2010 Opinion or Order Filing 42 MEMORANDUM AND ORDER granting (320) Motion to Stay; granting (325) Stipulation in case 8:09-cv-00456-RGK-CRZ; granting (36) Motion to Stay; granting (41) Stipulation in case 4:09-cv-03258-RGK-CRZ; granting (26) Motion to Stay; granting (30) Stipulati on in case 4:09-cv-03266-RGK-CRZ; granting (19) Motion to Stay; granting (24) Stipulation in case 4:10-cv-03003-RGK-CRZ; granting (29) Stipulation; granting (25) Motion to Stay in case 4:10-cv-03004-RGK-CRZ; granting (20) Motion to Stay; granting (24 ) Stipulation in case 4:10-cv-03005-RGK-CRZ. Parties to be added and their Declarations shall be filed on or before March 15, 2010. Any Motion for Certification of State Law Questions to the Nebraska Supreme Court shall be filed by March 15, 2010. Plaintiffs shall file any opposition to Defendants Motion for Summary Judgment or their own Cross Motions for Summary Judgment and supporting briefs by May 1,2010. The deadline for filing the parties Rule 26(f) Report, previously set for March 5, 2010, is continued until thirty days following the courts ruling on defendants' motions for summary judgment. Member Cases: 8:09-cv-00456-RGK-CRZ et al.Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
February 26, 2010 Opinion or Order Filing 39 MEMORANDUM AND ORDER that a telephonic conference will be held before the undersigned magistrate judge on 3/1/2010 at 3:00 p.m. Counsel for the defendants shall place the call as ordered by Magistrate Judge Cheryl R. Zwart. Member Cases: 8:09-cv-00456-RGK-CRZ et al. (SED)
February 19, 2010 Opinion or Order Filing 32 MEMORANDUM AND ORDER - The motion to withdraw filed by James Beckmann, (filing no. 31 ), is granted. Mr. Beckmann shall mail a copy of this order to the plaintiff, and shall file a certificate of service which states this order has been served on th e plaintiff and identifies the date and method of such service. The plaintiff is given 20 days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance on his or her beha lf; or (2) file a statement informing the court of his or her intent to proceed in this case without counsel. If neither of these actions is taken within the next 20 days, this case will be subject to dismissal. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
January 21, 2010 Opinion or Order Filing 25 MEMORANDUM AND ORDER - These six cases are consolidated for all purposes including trial and discovery. Counsel and the Clerk are ordered to proceed as follows when filing documents and otherwise processing these cases. John Doe, et al., v. State of Nebraska, et al., Case No. 8:09CV456 (D. Neb. 2009) is hereby designated as the "Lead Case." The other five cases are each designated as a "Member Case". The motions to consolidate (filings No. 82 and 88 in 8:09CV456; filing [ 11] in 4:09CV3258; filing 2 in 4:09CV3266) are granted as provided herein but otherwise denied. By agreement of the parties, any demand for a jury is withdrawn. The consolidated cases are designated as non- jury cases. By agreement of the parties, a ll plaintiffs shall have the benefit of the preliminary injunction previously issued in the "Lead Case." This matter is referred to Judge Zwart for further progression and the issuance of scheduling packet tailored to the needs of the conso lidated cases. Each of the defendants is given until February 8, 2010 to answer or further plead. The motion for extension of time (filing 12 in 4:09CV3266) is granted as provided herein and otherwise denied. The motion to intervene and related motio n to use fictitious names (filings 70 and 71 in 8:09CV456) are denied without prejudice because no proposed pleading was filed as required by Fed. R. Civ. P. 24(c). The motions to withdraw as attorneys (filings 94 and 304 in 8:09CV456) are granted. The motion to remand (filing 8 in 4:09CV3266) is denied. Ordered by Judge Richard G. Kopf. (GJG)
January 7, 2010 Opinion or Order Filing 19 MEMORANDUM AND ORDER - In 8:09CV456, the State of Nebraska filed a notice advising me that "duplicative actions [have been] filed in State Courts". I herewith request that the courts of the State of Nebraska refrain from issuing any orders enjoining Nebraska's Sex Offender Registration Act and related legislative bills while my cases are pending. I desperately hope to avoid a dispute with the state courts, but if push comes to shove and Nebraska files an appropriate motion, I may step in and enjoin state judges from taking any further action in these matters. IT IS ORDERED that counsel for the State of Nebraska shall provide a copy of this memorandum and order to any state court judge considering whether to enjoin enforcement of the Nebraska Sex Offender Registration Act and LB 97 and LB 285. Ordered by Judge Richard G. Kopf. (JAB)
January 5, 2010 Opinion or Order Filing 17 MEMORANDUM AND ORDER regarding phone calls with Judges Arterburn and Burns. No substantive legal discussions were held between the aforementioned judges and me. I would characterize the calls from these judges as courtesy calls. Ordered by Judge Richard G. Kopf. (JAB)
December 31, 2009 Opinion or Order Filing 16 MEMORANDUM AND ORDER - Except as provided below, the motion (filing 6 ) for a preliminary injunction is denied. Defendants are preliminarily enjoined from enforcing the following statutes against persons who have been convicted of sex offenses but w ho have completed their criminal sentences and who are not on probation, parole, or court-ordered supervision, to wit: (1) Neb. Rev. Stat. § 29-4006(2) (West, Operative January 1, 2010) (requiring consent to search and installation of monitoring hardware and software) and (2) Neb. Rev. Stat. § 28-322.05 (West, Operative January 1, 2010) (making it a crime to use Internet social networking sites accessible by minors by a person required to register under the Sex Offender Registration Ac t). Since a bond will be posted in 8:09CV456 and it is likely that these two cases will be consolidated, no bond will be required in this case at this time. However, if the defendants wish to object to the lack of a bond, they may file a motion for reconsideration. Ordered by Judge Richard G. Kopf. (GJG)
December 30, 2009 Opinion or Order Filing 15 MEMORANDUM AND ORDER - This case has been reassigned to me. Plaintiff wants a preliminary injunction. I have already held a hearing on a similar question in a related case. In any event, I need to talk about this with counsel. Therefore, IT IS ORDERED counsel for Plaintiff shall arrange a telephone conference with counsel for Defendants at 10:00 A.M. tomorrow (Thursday, December 31, 2009). My chambers cannot arrange the conference so counsel must do so. Ordered by Judge Richard G. Kopf. (GJG)
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