Villanueva v. City of Scottsbluff et al
| Tamara Villaneuva |
| Alex Moreno and City of Scottsbluff |
| 4:2011cv03185 |
| October 26, 2011 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
83
MEMORANDUM AND ORDER - Defendants' Motion to Strike (filing no. 72 ) is denied. Defendants' Motion for Summary Judgment (filing no. 63 ) is granted in part. Villanueva's equal protection and substantive due process claims are di smissed with prejudice. Villanueva's state law claim for negligent infliction of emotional distress is dismissed without prejudice. A separate judgment will be entered in accordance with thismemorandum and order. Ordered by Senior Judge Richard G. Kopf. (MKR)
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Filing
82
ORDER - The trial and pretrial conference are continued pending further order of the court. Within ten days following Judge Kopf's rulings on the pending motions, the parties shall contact my chambers to discuss a new trial and pretrial conference setting. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)
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Filing
79
ORDER granting 78 Defendant's Motion for Leave. The deadline for taking the depositions of Anne Leach and Claudia Weinbender be extended to December 30, 2013. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
60
ORDER adopting the 59 Findings and Recommendation of the United States Bankruptcy Judge, the referral of this matter to the Bankruptcy Court is withdrawn and the case is returned to the District Court for further proceedings, as appropriate. The Clerk of the court shall provide Magistrate judge Zwart with a copy of this Order. Ordered by Senior Judge Richard G. Kopf. (Copy provided as directed)(MKR)
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Filing
58
MEMORANDUM AND ORDER that upon the 57 Suggestion of Bankruptcy filed by defendant Alex Moreno, this case is referred to the United States Bankruptcy Court for the District of Nebraska pursuant to NEGenR 1.5(a)(1); The Clerk of the United States District Court for the District of Nebraska shall close this case for statistical purposes; and The Clerk of the United States District Court for the District of Nebraska shall deliver, or send electronically, the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Ordered by Senior Judge Richard G. Kopf. (ADB)
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Filing
27
MEMORANDUM AND ORDER - The defendants' motion to dismiss (filing 21 ) the plaintiff's equal protection claim pursuant to Fed. R. Civ. P. 12(b)(6) is denied. To the extent the defendants' motion to dismiss (filing 21 ) pursuant to Fed. R. Civ. P. 12(b)(6) is asserted against Villanueva's substantive due process claim, the motion is denied. To the extent Villanueva asserts a claim for negligent infliction of emotional distress under state law against defendant Alex Moren o individually for acts taken within the scope of his employment, Defendants' motion to dismiss (filing 21 ) pursuant to Fed. R. Civ. P. 12(b)(6) is granted. To the extent Villanueva asserts a claim for negligent infliction of emotional dist ress under state law against defendant Alex Moreno individually for acts taken outside the scope of his employment, Defendants' motion to dismiss (filing 21 ) pursuant to Fed. R. Civ. P. 12(b)(6) is denied. Defendants' motion to strike (filing 23 ) is granted. Accordingly, Plaintiff's claim for punitive damages under 42 U.S.C. § 1983 against the City of Scottsbluff and defendant Alex Moreno in his official capacity is stricken, and Plaintiff's claim for punitive damages against all defendants for acts alleged to constitute negligent infliction of emotional distress under Nebraska law is stricken. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
19
MEMORANDUM AND ORDER- Defendants Motion to Dismiss (filing 13 ) is denied. Villanuevas amended complaint (filing 8 ) fails to state a claim upon which relief may be granted. However, Villanueva shall have until March 7, 2012, to file a second ame nded complaint in accordance with this memorandum and order. If Villanueva fails to file a second amended complaint, I will dismiss her claims against Defendants without prejudice and without further notice. Defendants motion to strike (filing 9 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (MKR)
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Filing
18
ORDER granting in part and denying in part 11 defendants' Motion to Strike. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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