Atem v. County of Lancaster et al
| Arok Atem |
| City of Lincoln, County of Lancaster and Does 1-10 |
| 4:2013cv03017 |
| January 23, 2013 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| John M. Gerrard |
| Cheryl R. Zwart |
| Civil Rights: Other |
| 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
340
ORDER - Plaintiff's Motion for Leave to Release Escrow Funds (Filing 334 ) is granted, and the settlement funds in escrow may be transferred into the Arok Atem Special Needs Trust. Ordered by Senior Judge Richard G. Kopf. (KLF)
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Filing
329
MEMORANDUM AND ORDER that if defendant Ruiz wishes to bring additional case law to the court's attention relevant to her pending motion for summary judgment (Filing 236 ), she may do so via letter brief, filed on or before August 8, 2016. The motion for summary judgment (Filing 236 ) filed by defendant Ruiz shall be considered ripe for resolution on August 9, 2016, and shall be handled in the normal course of business. Defendant's objection (Filing 328 ) to Plaintiff's counsel's second letter to the court and the attached case law (Filing 327 ) is denied. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
325
MEMORANDUM AND ORDER that the motions for summary judgment on NDHHS's petition in intervention filed by Plaintiff 308 and all defendants except Stacy Ruiz, LPN, 313 are granted. Plaintiff's motion to dismiss all defendants with whom Pla intiff has reached a settlement 317 is granted, and the following defendants are dismissed from this matter: County of Lancaster, Nebraska, Michael Thurber, Terry Weber, Derek Contreras, Virginia Prey, Adam Rettig, Brent Wrinkle, Chad Burpee, Micha el Kinney, Margaret Riege, Nicholas Noel, Laura Hilt, Douglas Diltz, Jeremy Lybarger, Rod Fazi, Jeran Smith, Thomas Diaz, Kelly Ward, and Alicia Renville. The motions to dismiss and for summary judgment filed by those defendants who have been dismiss ed from this matter 238 , 239 and 243 are denied as moot. The only remaining defendant in this case is Stacy Ruiz, LPN. On or before July 18, 2016, Plaintiff shall advise the court by letter (filed in CM/ECF) whether he wishes to proceed against defendant Stacy Ruiz, LPN. If Plaintiff plans to proceed against defendant Stacy Ruiz, LPN, Ruiz shall inform the court by letter (filed in CM/ECF) on or before July 28, 2016, whether she still wishes to assert her pending motion for summary judgment 236 in light of the court's rulings above. Judgment is withheld. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
301
ORDER regarding MOTION to Intervene 292 filed by Nebraska Department of Health and Human Services. On the court's own motion, the pretrial conference and trial of this case are continued pending further order of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
300
ORDER granting 299 Motion to Withdraw as Attorney filed by Bradley Gianakos, as counsel of record for Interested Party, Nebraska Department of Health an Human Services, Division of Medicaid and Long-Term (NDHHS). Ordered by Magistrate Judge Cheryl R. Zwart. (CCB)
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Filing
231
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Amend, (Filing No. 209 ) is granted. Plaintiff's Fourth Amended Complaint shall be filed on or before June 26, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
214
MEMORANDUM AND ORDER that plaintiff's motion to dismiss parties 204 is granted, and plaintiff's claims against defendants Brian Hansen, Leigh Anne Loges, and Interim Helthcare of Lincoln, Inc. are dismissed without prejudice. Ordered by Senior Judge Richard G. Kopf. (CCB)
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Filing
208
ORDER denying 205 Motion for Leave to file a Fourth Amended Complaint, but without prejudice to re-filing in accordance with the court's rules. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
191
ORDER - After conferring with counsel, 1) The depositions of the named defendants shall be completed by March 16, 2015. 2) Motions for summary judgment based on qualified immunity shall be filed by April 15, 2015.3) Any oppo sition to the Plaintiff's Motion For Leave To File Third Amended Complaint And Join Party-Defendant, (Filing No. 187 ), shall be filed on or before February 17, 2015, in the absence of which the motion will be deemed unopposed and granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
190
MEMORANDUM AND ORDER - Plaintiff's second and third Motions to Dismiss Party (filings 184 and 185 ) are granted, and Plaintiff's claims against Defendants City of Lincoln, Tarvis Banks, and Eric Hutsell are dismissed with prejudice. Plaintiff's first Motion to Dismiss Party (filing 183 ), which was amended by his second Motion to Dismiss Party, is denied. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
162
ORDER -1) The unopposed motion of the plaintiff, (Filing No. 157 ), is granted, and the deadline for moving to amend the pleadings or add parties is extended to seven (7) days after the deposition of the last Defendant to be deposed.2) The u nopposed motion of Defendants Lancaster County, a Nebraska political subdivision, and Michael Thurber, Terry Weber, Derek Contreras, Virginia Prey, Adam Rettig, Brent Wrinkle, Chad Burpee, Michael Kinney, Margaret Riege, Nicholas Noel, Laura Hilt, Do uglas Diltz, Jeremy Lybarger, Leighanne Loges, Rod Fazi, Jeran Smith, Brian Hansen, and Eric Hutsell in their official and individual capacities; and Alicia Renville in her official capacity, (Filing No. 158 ), is granted, and these defendants' proposed Amended Answer to Plaintiff's Second Amended Complaint, a copy of which is attached to their motion, shall be filed on or before December 15, 2014. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
112
AMENDED PROGRESSION ORDER - The courts progression order, (Filing No. 111 ) is amended as follows: 8) The deadlines for filing motions to dismiss and motions for summary judgment are: As to the issue of Qualified Immunity: December 30, 2014. As to all other claims and defenses: October 5, 2015. 9) The deadline for filing motions to exclude testimony on Daubert and related grounds is October 5, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Filing
106
MEMORANDUM AND ORDER that United States District Judge John M. Gerrard recuses himself from this case and the Clerk shall refer this matter to the Chief Judge for reassignment. Ordered by Judge John M. Gerrard. (KMG)
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Filing
93
ORDER granting 91 Motion to Substitute Attorney. Jeffery R. Kirkpatrick is hereby substituted for Rodney M. Confer. The clerk shall delete Rodney M. Confer from any future ECF notifications herein. Ordered by Magistrate Judge Cheryl R. Zwart. (KMG)
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Filing
59
ORDER - The plaintiffs motion to extend, (Filing No. 52 ), is denied. On or before May 7, 2014, the plaintiff shall file his motion to amend the complaint to specifically name those Doe defendants against whom Plaintiff believes, or has a good f aith basis to believe, could be liable to the plaintiff based on the information provided in discovery to date. The Rule 16 deadline for filing Plaintiffs motion to amend pleadings to add or name parties ((Filing No. 38 , 5), is set aside. Any further amendments to specifically name Doe defendants will be governed by Rule 15. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)
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