Awnings v. Fullerton et al
Plaintiff: Tompson L. Awnings
Defendant: Tarvis Banks, Jeremy Carther, Does 1-10, Ryan Duncan, Joshua Fullerton and Todd Roberts
Case Number: 4:2015cv03078
Filed: July 17, 2015
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: John M. Gerrard
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 25, 2017 Opinion or Order Filing 147 MEMORANDUM AND ORDER - Plaintiff is granted leave to proceed in forma pauperis on appeal. The Clerk of Court shall provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (KLF)
July 25, 2017 Opinion or Order Filing 143 MEMORANDUM AND ORDER - that Plaintiff's motion to alter or amend judgment (Filing No. 135 ) is denied. Ordered by Senior Judge Richard G. Kopf. (KLF)
March 9, 2017 Opinion or Order Filing 128 MEMORANDUM AND ORDER - Plaintiff's statement of objections (Filing No. 118 ) is denied. The Magistrate Judge's memorandum and order entered on February 8, 2017 (Filing No. 112 ), is sustained and shall not be disturbed. Ordered by Senior Judge Richard G. Kopf. (GJG)
March 6, 2017 Opinion or Order Filing 127 ORDER - Plaintiff's motion for extension of time and motion for leave to file replacement brief (filing no. 123 ) are granted instanter, and Plaintiff's replacement brief (filing no. 125 ) is accepted as timely filed. Plaintiff's original brief (filing no. 121 ) is stricken. Ordered by Senior Judge Richard G. Kopf. (GJG)
February 9, 2017 Opinion or Order Filing 114 ORDER granting the 113 Joint Stipulation for Dismissal filed by Plaintiff and Defendant Jeremy Carther. The Plaintiff's action against said Defendant is dismissed with prejudice, with each party to bear their own attorney's fees and costs. Ordered by Senior Judge Richard G. Kopf. (MKR)
February 8, 2017 Opinion or Order Filing 112 ORDER - Plaintiff's motion to amend, (Filing No. 105 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
January 24, 2017 Opinion or Order Filing 104 ORDER after conferring with counsel, Plaintiff's anticipated motion to amend the complaint shall be filed on or before January 27, 2017. The deadline for filing motions to dismiss or for summary judgment is extended to February 10, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
December 22, 2016 Opinion or Order Filing 99 ORDER - The motion to permit Andrew Strotman to withdraw as counsel of record for Defendant Jeremy Carther, (Filing No. 98 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
October 19, 2016 Opinion or Order Filing 89 ORDER granting 82 Joint Stipulation for Dismissal filed by Plaintiff and Defendant Todd Roberts. Plaintiff's action against said Defendant is dismissed with prejudice, with each party to bear their own attorney's fees and costs. Ordered by Senior Judge Richard G. Kopf. (KMG)
July 14, 2016 Opinion or Order Filing 67 MEMORANDUM AND ORDER - IT IS ORDERED that Defendants' motion to strike Plaintiff's jury demand, (filing no. 58 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
January 20, 2016 Opinion or Order Filing 39 MEMORANDUM AND ORDER that Plaintiff's statement of objections 31 is denied. The Magistrate Judge's order entered on October 14, 2015 26 , is sustained and shall not be disturbed. Ordered by Senior Judge Richard G. Kopf. (JSF)
October 15, 2015 Opinion or Order Filing 28 MEMORANDUM AND ORDER that Judge Gerrard is recusing himself from this case and the Clerk shall refer this matter to the Chief Judge for reassignment. Ordered by Judge John M. Gerrard. (JSF)
August 19, 2015 Opinion or Order Filing 15 ORDER granting 12 Elizabeth D. Elliott's Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
July 20, 2015 Opinion or Order Filing 4 ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Clerk of Court shall send a copy of this Memorandum and Order together with five summons forms and five USM-285 forms to Plaintiff's attorney of record for service of pr ocess on the United States. If the plaintiff is not requesting service by United States Marshal, Plaintiff's counsel shall, as soon as possible, complete the summons forms and return them to the Clerk of the court to be issued. The issued s ummons will then be returned to plaintiffs counsel for service on the defendant(s). If the plaintiff is requesting service by the United States Marshal, Plaintiffs counsel shall, as soon as possible, complete the USM-285 forms and the summons fo rms and return them to the Clerk of the court. The Clerk of the court will sign the summons form, to be forwarded with a copy of Plaintiffs Complaint to the U.S. Marshal for service of process. The Clerk of the court will copy the Complaint; Plain tiffs counsel need not to do so. The Marshal shall serve the summons and the Complaint without payment of costs or fees. This order is entered without prejudice to the court later entering an order taxing costs in this case. No one, including any plaintiff, is relieved by this order from the obligation to pay or to reimburse taxable costs after this action is over. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to Plaintiff's attorney)(MKR, ) Modified on 7/20/2015 reflect mailed to attorney(MKR).
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Plaintiff: Tompson L. Awnings
Represented By: Matt Catlett
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Defendant: Tarvis Banks
Represented By: Elizabeth D. Elliott
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Defendant: Jeremy Carther
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Defendant: Does 1-10
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Defendant: Ryan Duncan
Represented By: Elizabeth D. Elliott
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Defendant: Joshua Fullerton
Represented By: Elizabeth D. Elliott
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Defendant: Todd Roberts
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