Hurd v. The City of Lincoln et al
| Troy M. Hurd |
| Leo Benes, Roger Bonin, Pat Borer, Tom Casady, John Huff, Jeanne Pashalek and The City of Lincoln |
| 4:2016cv03029 |
| February 26, 2016 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| Civil Rights: Jobs |
| 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
294
MEMORANDUM AND ORDER - The Motion for New Trial or Judgment as a Matter of Law, ECF No. 255 , filed by Defendant City of Lincoln, is granted, in part, as follows: Plaintiff Troy Hurd must choose between remittitur in the amount of $300,000 for future emotional distress damages or a new trial on that issue by filing a notice with the Court on or before May 10, 2019; The Motion is otherwise denied. The Motion for Equitable Relief/Front Pay, ECF No. 268 , is granted, in part, as follows: Pla intiff Troy Hurd is entitled to post-judgment interest at the rate provided by 28 U.S.C. § 1961 and in accordance with this Memorandum and Order; The Motion is otherwise denied. The Motion to Strike Index, ECF No. 279 , filed by Plaintiff Troy Hurd is denied as moot. The Motion for Leave to Depose Jurors or for an Evidentiary Hearing, ECF No. 284 , filed by Defendant City of Lincoln, is denied. The Motion to Strike the Motion for Leave to Depose Jurors or for an Evidentiary Hearing, ECF No. 286 , filed by Plaintiff Troy Hurd, is denied as moot. Ordered by Senior Judge Laurie Smith Camp. (KLF)
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Filing
267
ORDER - The Motion to Stay or, in the Alternative, Motion for Extension of Time to File Brief in Response to Plaintiff's Motion for Attorney Fees and Expenses, ECF No. 258 , filed by Defendant City of Lincoln, is granted. The City of Lincoln ma y submit its brief in response to Plaintiff Troy Hurd's Motion for Attorney Fees and Expenses, ECF No. 252 , no later than fourteen days from the date the Court rules on the Motion for New Trial or for Judgment as a Matter of Law, ECF No. 255 . The City of Lincoln is the only remaining Defendant in this action, and the Clerk of Court is directed to amend the case caption accordingly. Ordered by Senior Judge Laurie Smith Camp. (KLF)
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Filing
190
ORDER regarding TRIAL PREPARATION. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
183
ORDER - that Plaintiff's Motion to Compel the deposition of Jason Kruger and to enlarge the progression order, (Filing No. 172 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
181
ORDER: On the court's own motion, the jury trial previously scheduled to commence before Senior District Judge Richard G. Kopf in Courtroom 1, in Lincoln, Nebraska with now commence on February 5, 2019 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior District Judge Laurie Smith Camp. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
170
ORDER - Defendant's Motion in Limine to Exclude the Trial Testimony of Mayor Chris Beutler (Filing No. 149 ) is granted in part and denied in part. Plaintiff's Motion for Leave to File Sur-Reply Brief in Opposition to Defendant's Motion in Limine (Filing No. 166 ) is granted, and the court has considered such brief. Ordered by Senior Judge Richard G. Kopf. (KLF)
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Filing
157
ORDER - The Motion to Exclude Plaintiff's Proposed Expert Testimony/Opinions by Amy Oppenheimer (Filing No. 141 ) is denied. However, the expert may not express an opinion directly or indirectly that the City retaliated against the Plaintiff b ecause it failed to follow the alleged "standard of care." Plaintiff's counsel shall so instruct the expert. Furthermore, I will give a limiting instruction similar to the following if requested by the City: Members of the Jury, You ar e about to hear testimony by a person designated by the Plaintiff as an expert. It is for you to decide whether such a person is an expert and, if so, how much weight, if at all, to give to the testimony of the witness. The expert is not permitted to render an opinion that the City retaliated against the Plaintiff. In fact, the expert has no expertise in determining such a question, as that is for you alone to decide. Furthermore, even if you find that the City did not follow generally accepted human-resource policies, sometimes called the "standard of care," that does not necessarily mean that the City retaliated against Plaintiff. Ordered by Senior Judge Richard G. Kopf. (KLF)
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Filing
130
ORDER - that the pretrial conference and jury trial are continued pending further order of the court. If this case is not fully resolved by summary judgment, within ten (10) days after the summary judgment ruling, the parties shall contact the undersigned magistrate judge's chambers to re-schedule the pretrial conference and trial. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
100
ORDER - The deadline to file additional discovery motions is January 29, 2018. If Plaintiff moves for permission to depose Lincoln Mayor Chris Beutler, Plaintiff's request must be based on evidence which was unavailable when his previous motion on this issue was filed. The response to any discovery motion filed in compliance with this order shall be filed on or before February 5, 2018. No reply shall be permitted absent leave of the court for good cause shown. The deadline for deposing all fact witnesses and for completing all written discovery is extended to February 16, 2018. The deadline for filing motions for summary judgment is extended to March 2, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
92
ORDER granting 85 Motion to Quash Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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Filing
81
ORDER pursuant to the conference call held today, any formal motion to disqualify the City Attorney's Office from representing the defendants shall be filed on or before December 11, 2017, with Defendants' response due on or before Decem ber 18, 2017. No reply shall be filed absent leave of the court for good cause shown. Any formal motion to quash or for protective order as to the noticed deposition of the Chris Beutler, Mayor of the City of Lincoln, shall be filed on or before December 11, 2017, with Plaintiff's response due on or before December 18, 2017. No reply shall be filed absent leave of the court for good cause shown. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
49
ORDER granting 47 Motion to Extend. Jury Trial set for 6/4/2018 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Pretrial Conference set for 5/22/2018 at 11:00 AM Internet/Telephonic Conferencing before Magistrate Judge Cheryl R. Zwart. Status Conference set for 11/21/2017 at 09:00 AM before Magistrate Judge Cheryl R. Zwart. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. No additional continuances will be granted absent a substantial showing of good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
34
AMENDED FINAL PROGRESSION ORDER - the motion to extend (Filing No. 33 ) is granted and the Final Progression Order is amended as follows: The jury trial of this case is set to commence before Richard G. Kopf, Senior United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 19, 2018, or as soon thereafter as the case may be called, for a duration of seven (7) trial days. This case is subject to the prior trial of criminal cases and such othe r civil cases as may be scheduled for trial before this one. Jury selection will be held at the commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on March 6, 2018 at 9:00 a.m., and will be conducted by internet/telephonic conferencing. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart&# 064;ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on March 2, 2018. A status conference to discuss the status of case progression and potential settlement will be held with the undersigned magistrate judge on September 19, 2017 at 9:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. The deposition deadline is September 30, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
25
STIPULATED PROTECTIVE ORDER granting JOINT STIPULATION for Protective Order 24 . Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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