Bernbeck et al v. Morfeld et al
| 4:2010cv03001 |
| January 5, 2010 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
66
ORDER approving 65 Stipulation. The Defendant shall pay to the Plaintiffs as the prevailing parties an award of attorney fees, expenses and costs in the amount of $45,000. The Court agrees to retain jurisdiction over this matter for the sole purpose of reconsidering the award of attorney fees and costs, upon application by the Plaintiffs, in the event that the Defendant fails to award $45,000 in attorney fees and costs on or before May 15 2012, as set forth in the Stipulation. Ordered by Chief Judge Joseph F. Bataillon. (JAB)
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Filing
62
MEMORANDUM AND ORDER - The Nebraska residency requirement for petition circulators found in Neb. Rev. Stat. §§ 18-2517 (2007), § 32-629(2) and § 32-110, and Neb. Const. art. VI, § 1 violate the plaintiffs' constitutional rights to petition the government or to engage in initiative petitions as set forth in Citizens in Charge v. Gale, 4:09CV3255, Memorandum and Order dated August 30, 2011, Filing No. 111. The Nebraska age requirement for petition circulators found i n Neb. Rev. Stat. §§ 18-2517 (2007), 32-629(2) and 32-110 and Neb. Rev. Stat. § 32-630 and Neb. Const. art. VI, § 1 does not violate the plaintiffs' constitutional rights. The prohibition against paying petition circulators on a per-signature basis found in Neb. Rev. Stat. §§ 18-2517 and 32-630(3)(g) does not violate the plaintiffs' constitutional rights. The requirement that a chief sponsor of a local petition be an elector (resident) of the municipal s ubdivision to be affected by the initiative proposal found in Neb. Rev. Stat. § 18-2515(2) violates the plaintiffs' constitutional rights. The State of Nebraska is enjoined from enforcing this provision. A separate judgment will be entered in conjunction with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (AOA)
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Filing
37
MEMORANDUM AND ORDER - Defendants' motions to dismiss (Filing Nos. 14 and 16 ) are denied as moot. Defendant Morfeld's motion to dismiss the plaintiffs' amended complaint (Filing No. 28 ) is denied. Defendant Morfeld shall file a responsive pleading within 14 days of the date of this order. Ordered by Chief Judge Joseph F. Bataillon. (JAB)
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