Smith v. Diagnostics and Evaluation Center et al
| David Smith |
| Warden Dennis Bakewell, Corporal Bell, Diagnostics and Evaluation Center and Sargent Turner |
| 4:2013cv03041 |
| February 26, 2013 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Joseph F. Bataillon |
| Pro Se Docket |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| 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
110
ORDER - The Motion for Reimbursement from the Federal Practice Fund (Filing No. 109 ) filed by Plaintiff's counsel is granted. Expenses are ordered reimbursed to Plaintiff's counsel in the amount of $1,819.15. A copy of this Or der shall be provided to Pat Williamson of the Clerk of Court's Office so that he may make arrangements for payment from the Federal Practice Fund, and appropriate bookkeeping entries. Ordered by Chief Judge Laurie Smith Camp. (Copy provided as directed)(GJG)
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Filing
62
ORDER - This matter is before the court following a telephone conference with counsel on June 12, 2015. Andre R. Barry and John Zimmer represented the plaintiff. Bijan Koohmaraie and Kyle J. Citta represented the defendants. The parties agreed to take the plaintiff's deposition on July 17, 2015. Further, any motion for summary judgment on the issues of exhaustion or qualified immunity shall be filed on or before August 31, 2015. Ten working days following the ruling on such dispositiv e motions, counsel for defendants shall schedule and initiate a telephone conference with opposing counsel and the undersigned magistrate judge for the purpose of scheduling this case to trial. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
56
ORDER - The defendants' Motion for Leave to Depose Plaintiff (Filing No. 55 ) is granted. The court will hold a telephone planning conference on May 15, 2015, at 11:00 a.m. The defendants' counsel shall contact the plaintiff's institution in advance and arrange to initiate and place the conference call. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
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Filing
53
ORDER - IT IS ORDERED: The defendants' motion for summary judgment (Filing No. 38 ) and plaintiff's objection thereto (Filing No. 52 ) are denied as moot. The plaintiff's motion to file summary judgment, etc. (Filing No. 37 ) is denied as moot. The defendants' motion to dismiss (Filing No. 50 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
45
ORDER - The plaintiff's motion to amend (Filing No. 41 ) is granted. The plaintiff shall have until February 6, 2015, to file a second amended complaint. The plaintiff's motion to issue summons (Filing No. 42 ) is granted to the exten t the necessary forms will be sent to the plaintiff after the plaintiff files a second amended complaint. Upon filing of the second amended complaint, the Clerk of the court shall send a summons form and a USM-285 form to the plaintiff. The plaint iff 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 occur. Upon receipt of the completed forms, the Clerk of the Court will sign the summons form, to be forwarded with a copy of the second amended complaint to the U.S. Marshal for service of process on Sabatka-Rine. The Marshal shall serve the summons and the second amended complaint without payment of costs or fees. Service may be by certified mail pursuant to Federal Rule of Civil Procedure 4 and Nebraska law in the discretion of the Marshal. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: "Febr uary 9, 2015: Check for filing of second amended complaint and issuance of summons form and USM-285 form to plaintiff." Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
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Filing
35
STRICKEN - ORDER TO SHOW CAUSE - Counter-Defendant Blue Events, LLC is given until September 4, 2014 to: 1) Show cause why the court should not enter a default and/or default judgment against it. The failure to timely comply with this order may r esult in an entry and/or judgment of default against Counter-Defendant Blue Events, LLC without further notice. 2) Show cause why the requests for admission served by Counter-Plaintiff Lincoln Professional Baseball on Counter-Defendant Blue Events, LLC, (see filing nos. 55 and 56 ), should not be deemed admitted. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG) Modified on 8/28/2014 to strike pursuant text strike order filing 36(GJG).
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Filing
33
MEMORANDUM AND ORDER - The defendants' motions to dismiss (Filing No. 17 ) is denied. The defendants' motion for summary judgment (Filing No. 21 ) is denied as premature, without prejudice to refiling at a later date. The plaintiff&# 039;s motion to file an objection to summary judgment (Filing No. 26 ), the defendants' objection to the plaintiff's response (Filing No. 27 ), and the plaintiff's objection to the defendants' objection (Filing No. 28 ) are d enied as moot. The plaintiff's motion for summary judgment and other relief (Filing No. 32 ) is denied. The matter is referred to the magistrate judge for case progression. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
25
MEMORANDUM AND ORDER - Defendants' Motions to Stay Progression (filing nos. 20 and 24 ) are granted. The Clerk of the court is directed to cancel the Final Pretrial Conference in this matter that is scheduled for July 31, 2014. A separate pr ogression order resetting the dates for the Final Pretrial Conference, and all associated deadlines, may be entered after the court resolves the pending Motion to Dismiss and Motion for Summary Judgment. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
9
MEMORANDUM AND ORDER - Plaintiff's Eighth Amendment claims against Sargent Turner and Corporal Bell in their individual capacities may proceed to service of process. To obtain service of process on Defendants, Plaintiff must complete and retur n 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 Plaintiff, together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete t he forms and send the completed forms back to the Clerk of the court. In the absence of the forms, service of process cannot occur. The Clerk of Court is directed to set a pro se case management deadline in this case with the following text: February 6, 2014: Check for completion of service of summons.Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with forms)(GJG)
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Filing
7
MEMORANDUM AND ORDER - Plaintiff shall have 30 days from the date of this Memorandum and Order to file an amended complaint in accordance with this Memorandum and Order. Failure to file an amended complaint will result in dismissal of this matter without prejudice and without further notice. The clerk's office is directed to set a pro se case management deadline in this matter: August 29, 2013: Check for amended complaint. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
6
MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff David Smith shall pay an initial partial filing fee of $.02 by 4/25/2013, unless an enlargement of time is granted in response to a written motion. Pr o Se Case Management Deadline set for 4/25/2013: initial partial filing fee payment due. Plaintiff shall keep the court informed of his current address at all times, and all parties are bound by the Federal Rules of Civil Procedure and by the court's Local Rules while this case is pending. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(GJG)
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