Wilson et al v. Fletcher et al
Plaintiff: Gracy Sedlak and Harold B. Wilson
Defendant: Joseph Fletcher and Ora Thomas Fletcher
Case Number: 4:2012cv03061
Filed: March 30, 2012
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Laurie Smith Camp
Presiding Judge: Pro Se Docket
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 12, 2014 Opinion or Order Filing 92 MEMORANDUM AND ORDER- 1) The plaintiffs' motions to enforce their settlement agreement for resolution of the above-captioned case, (Filing Nos. 88 , 89 , 90 , and 91 ), are denied without prejudice to re-filing in a forum with jurisdicti on over the plaintiffs' claims.2) The parties are advised that this case is closed, and the federal court lacks jurisdiction to enforce the parties' settlement. As such, any attempts to further file motions to enforce the settlement in this forum may be returned, and if the motions are not filed in a forum which has jurisdiction, attempting to first file them in this forum will only serve to delay a ruling on the merits. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se parties)(JAB)
December 20, 2013 Opinion or Order Filing 71 MEMORANDUM AND ORDER regarding pending motions. 1. The parties shall respond to each statement posed in the attached "Questions to Parties," and on or before January 20, 2014, they shall mail their completed and signed response s to the court.2. The parties shall answer and sign the "Settlement Agreement Questions" attached hereto, and on or before January 20, 2014, they shall mail their completed and signed response to the court.3. All documents provided to the court by the defendants were delivered to Gracy Sedlak. Sedlak is not only a named plaintiff, but has the authority to act as plaintiff Harold Wilson's power of attorney. Accordingly, Harold Wilson's motion for productio n, (Filing No. 65 ), is denied as moot.4. In light of the "Questions to Parties" served by the court on all parties, plaintiff Harold Wilsons motions to compel and his requests for admissions, (Filing Nos. 62 and 69 ), are denied as moot. 5. Harold Wilson's motions for partial summary judgment and for injunctive relief, (Filing Nos. 64 , 68 , and 70 ), are denied without prejudice to re-filing, if necessary, after the court and all parties receive responses to the "Questions to Parties," and the 'Settlement Agreement Questions." Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se parties)(JAB)
September 25, 2013 Opinion or Order Filing 63 MEMORANDUM AND ORDER - MEMORANDUM AND ORDER - IT IS ORDERED: 1) Joseph Fletcher shall provide copies all bank statements that show deposits and withdrawals, and any cancelled checks, reflecting money received from Harold Wilson and any payments ma de from those funds. He shall also find and disclose the name of the bank employee who stated Joseph Fletcher could not set up a power of attorney account in Harold Wilsons name. All such information shall be sent to Cheryl R. Zwart, Magistrate Ju dge, 100 Centennial Mall N, #566, Lincoln, Nebraska, 68508 by no later than October 7, 2013. 2) The plaintiffs shall provide copies of all documents that Harold Wilson mailed to the defendants which the defendants refused to accept. All such docum ents shall be sent to Cheryl R. Zwart, Magistrate Judge, 100 Centennial Mall N, #566, Lincoln, Nebraska, 68508 by no later than October 7, 2013. 3) Harold Wilson shall provide a listing or accounting of all amounts sent to Joseph Fletcher, along w ith the date of sending those amounts, and copies of any documents sent to the defendants, including documents stating when and to whom Joseph Fletcher was to make payments from funds received from Harold Wilson. If permitted, Harold Wilson shall obtain and send a copy of his prison account statement, circling any entries which reflect amounts sent to Joseph Fletcher. All such documents shall be sent to Cheryl R. Zwart, Magistrate Judge, 100 Centennial Mall N, #566, Lincoln, Nebraska, 6850 8 by no later than October 7, 2013. 4) By no later than October 4, 2013, Gracie Sedlak shall retrieve from my chambers copies of all the documents delivered to the court by Joseph Fletcher on September 23, 2013. 5) Gracie Sedlack shall provide a list of the amounts and dates of all monies she received from Joseph Fletcher on Harolds behalf, along with copies of all documents reflecting receipt of this money. All such information shall be sent to Cheryl R. Zwart, Magistrate Judge, 100 Cent ennial Mall N, #566, Lincoln, Nebraska, 68508 by no later than October 7, 2013. 6) Ora Thomas Fletcher shall provide a copy of all documents received from Harold Wilson, Gracie Sedlak, or Joseph Fletcher reflecting or discussing money transferred from Harold Wilson to Joseph Fletcher, and/or from Joseph Fletcher to Ora Thomas Fletcher, and a copy of any requests made by Ora Thomas Fletcher to receive money, as either a loan or a gift, from Harold Wilson or Harold Wilsons funds. All such documents shall be sent to Cheryl R. Zwart, Magistrate Judge, 100 Centennial Mall N, #566, Lincoln, Nebraska, 68508 by no later than October 7, 2013. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se parties)(TCL )
July 25, 2013 Opinion or Order Filing 52 MEMORANDUM AND ORDER - Plaintiffs' Motion for Sanctions (Filing No. 47 ) is denied. Plaintiffs' Motion for Default Judgment (Filing No. 46 ) is granted in part. The clerk's office is directed to strike from the record Defendant J oseph Fletcher's Answer (Filing No. 39 ) and its duplicate (Filing No. 38 ). Within 21 days of the date of this order, Defendant Joseph Fletcher must file and serve an answer that conforms with the requirements of Federal Rule of Civil Procedure 8. Failure to do so may result in the entry of default judgment against him. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
June 10, 2013 Opinion or Order Filing 49 MEMORANDUM AND ORDER - Plaintiffs Wilson and Sedlak shall respond in accordance with this Memorandum and Order within 21 days of the date of this order. No further action shall be taken in this case until the court receives such responses. Failu re to respond the court's order will result in dismissal of this matter without further notice and, as set forth above, may also result in the imposition of other sanctions. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
January 23, 2013 Opinion or Order Filing 33 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiffs' "Motion for Court Order to Serve Pleadings" (Filing No. 32 ) is granted to the extent that it is consistent with this Memorandum and Order. As such, Plaintiffs will be given an additional 45 days in which to serve Joseph Fletcher with summons. The clerk's office shall send ONE summons form and ONE USM-285 form to each Plaintiff, together with a copy of this Memorandum and Order. Plaintiffs must, as soon as p ossible, complete and return one set of the forms to the clerk's office. In the absence of the forms, service of process cannot occur. Upon receipt of the completed forms, the clerk's office will sign the summons form, to be forwarded wit h a copy of the Complaint to the marshals service for service of process. The marshals service shall serve the summons and Complaint without payment of costs or fees pursuant to Federal Rule of Civil Procedure 4(c)(3). Service may be by certified mai l pursuant to Federal Rule of Civil Procedure 4 and Nebraska law in the discretion of the marshals service. The clerk's office will copy the Complaint, and Plaintiff does not need to do so. Plaintiff is hereby notified that failure to obtain se rvice of process on Joseph Fletcher within 45 days from the date of this Memorandum and Order will result in dismissal of this matter without further notice as to Joseph Fletcher. Joseph Fletcher has 21 days after receipt of the summons to answer o r otherwise respond to the Complaint. The clerk's office is directed to set a pro se case management deadline in this case with the following text: March 9, 2013: Check for completion of service of summons; and Plaintiffs' "Motion to Compel Answer and Sanctions," "Motion for Proof of Service and Motion for Hearing," and "Motion for Default Judgment" are denied. (Filing Nos. 28 , 30 , and 31 .)Ordered by Chief Judge Laurie Smith Camp. (Copies mailed to pro se party with forms)(TCL )
November 13, 2012 Opinion or Order Filing 27 ORDER denying as moot Plaintiffs' Motion for Personal Service 23 and denying Plaintiffs' Motion to Strike Answer and for Default Judgment 26 . Ordered by Chief Judge Laurie Smith Camp. (KMG)
August 28, 2012 Opinion or Order Filing 20 MEMORANDUM AND ORDER - To obtain service of process on Defendants, Plaintiffs must complete and return the summons forms that the Clerk of the court will provide. The Clerk of the court shall send TWO summons forms and TWO USM-285 forms to Plainti ff Harold B. Wilson together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the court. In the absence of the forms, service of process cannot occu r. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: "December 25, 2012: Check for completion of service of summons." Plaintiffs' Motion to Compel Discovery (Filing No. 19 ) is denied without prejudice to reassertion after the court has entered a progression order in this matter. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party as directed along with summonses and USM 285 forms)(GJG)
July 12, 2012 Opinion or Order Filing 17 MEMORANDUM AND ORDER - Plaintiffs' Motions (Filing Nos. 11 , 13 , 14 , and 15 ) are denied without prejudice to reassertion. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
June 14, 2012 Opinion or Order Filing 12 MEMORANDUM AND ORDER - Plaintiffs shall have until July 25, 2012, to file sufficient evidence with the court showing that the amount in controversy is greater than $75,000.00, the jurisdictional amount. The Clerk of the court is directed to se t a pro se case management deadline in this matter with the following text: July 25, 2012: deadline for Plaintiff to show jurisdictional amount by preponderance of evidence. Plaintiffs' "Motion to correct spelling" (Filing No. 7 ) i s granted. The court directs the Clerk of the court to update the court's records to reflect that Defendant's name is Joseph Fletcher, not Joseph Pletcher. Plaintiffs' Motion to Appoint Counsel (Filing No. 10 ) is denied without prejudice to reassertion. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
April 26, 2012 Opinion or Order Filing 8 MEMORANDUM AND ORDER - Sedlak is directed to correct the above-listed technical defect in the Complaint on or before May 24, 2012. Failure to comply with this Memorandum and Order will result in dismissal of this matter as to Sedlak without further notice. The Clerk of the court is directed to send to Sedlak the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: May 24, 2012: Check for MIFP or payment. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party along with form as directed)(GJG)
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Plaintiff: Gracy Sedlak
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Plaintiff: Harold B. Wilson
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Defendant: Joseph Fletcher
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Defendant: Ora Thomas Fletcher
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