Foell v. County of Lincoln et al
| Frank G. Foell |
| County of Lincoln, Pamela Hicks, John Does 1-10 and Jerome Kramer |
| 4:2017cv03044 |
| March 29, 2017 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| P.I.: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
107
JUDGMENT: Pursuant to the parties' joint Stipulation for Dismissal 106 , IT IS ORDERED, ADJUDGED AND DECREED that the claims between Plaintiff and Defendants are dismissed with prejudice, the parties to pay their own costs. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
104
TEXT ORDER A preliminary pretrial conference is set for August 15, 2019, at 1:00 p.m. before the undersigned magistrate judge. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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Filing
97
MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's Motion to Strike Defendants' Expert Affidavits, Filing No. 69 , is denied. Plaintiff is afforded until August 9, 2019 to depose Defendants' experts and if he chooses to do so, may disclose responsive experts on or before September 6, 2019. Plaintiff's Motion to Strike the letter from Laura Kubitz, Filing No. 84 , is granted. Defendants' Motion for Summary Judgment, (Filing No. 64 ), is granted in part and denie d in part as follows: a. Defendants' motion is granted in its entirety as to John Does 1-10, including but not necessarily limited to "the staff of LCDC, in their individual and official capacities."b. Defendants' motion is denie d in its entirety as to Defendants Hicks and Kramer with respect to Plaintiffs 42 U.S.C. § 1983 claim for Cruel and Unusual Punishment under the Eighth Amendment.c. Defendants' motion is granted as to Plaintiff's "Failure to Train " claim and denied as to Plaintiff's "Policy or Custom" claim as to the County of Lincoln with respect to Plaintiffs 42 U.S.C. § 1983 claim for Cruel and Unusual Punishment under the Eighth Amendment. d. Defendants' mo tion is granted as to Plaintiff's state law claim for negligence against Sheriff Kramer; governmental immunity is afforded under the discretionary function exemption to the Political Subdivision Tort Claims Act. Neb. Rev. Stat. § § 13-901 et seq. e. Defendants' motion is denied as to Plaintiff's PSTCA claim for negligence against Defendant Hicks. For good cause shown, Defendants' motion to continue the trial, (Filing No. 93 ), is granted. The parties' e fforts toward settlement should continue, with Judge Bazis' assistance as needed. The parties shall contact my chambers on or before July 26, 2019 to re-schedule the trial and if necessary, Plaintiff's expert deposition deadline and expert disclosure deadline. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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Filing
31
ORDER that the parties' joint Stipulation for Enlargement of Time (Filing No. 30 ) is granted and the final progression order (Filing No. 20 ) is amended as follows: The jury trial of this case is set to commence before Cheryl R. Zwart, Unite d States Magistrate Judge, in Lincoln County Courthouse, North Platte, Nebraska, at 9:00 a.m. on October 23, 2018, or as soon thereafter as the case may be called, for a duration of four (4) trial days. This case is subject to the prior trial of crim inal cases and such other 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 October 9, 2018 at 1:00 p.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@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on October 5, 2018. A status conference to discuss the status of case progression and potential settlement will be held with the undersigned magistra te judge on March 16, 2018 at 2:00 p.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. The deposition deadline is July 16, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
17
ORDER granting the Motion to Change Place of Trial to the North Platte Division because the Plaintiff has not timely objected to that request. Trial of this cased will be held in North Platte, Nebraska. Ordered by Magistrate Judge Cheryl R. Zwart. (KMG)
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Filing
16
ORDER that if Plaintiff objects to a North Platte trial location, Plaintiff shall file an objection along with a supporting brief and evidence on or before June 8, 2017, in the absence of which this case will be re-assigned to North Platte. I f Plaintiff files an objection to Defendant's requested place of trial, Defendants' response, including the supporting brief and evidence, shall be filed on or before June 19, 2017. No reply shall be filed absent leave of the court for good cause shown. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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