Wang Anderson v. The State of Nebraska et al
| Catherine Yang Wang Anderson |
| Tina Anderson, Kara Beals, Kersten Borer, Susan Boyles, Mercedes Brown, Children's Hospital and Medical Center, Christian Heritage, County of Douglas, Elizabeth Crnkovich, Sonia Derr, Mark Gentile, Amanda Gurock, Tyler Hansen, Martin Harrington, Carla Heathershaw-Risko, Matthew Heys, John Does 1-15, Christina Johnson-Gunn, KVC Behavioral Healthcare Nebraska, Inc., Laurea Psychiatric Clinic and Hospital, Inc., Judy McAuliffe-Treinen, Millard Public Schools, Chad A. Miller, Nebraska Department of Health and Human Services, Nebraska Families Collaborative, David Newell, Papillion LaVista Community Schools, Nancy E. Parke, Nicole Paul, Anne Petzel, Courtney Phillips, Jennice Reid-Hansen, Remuda Ranch Center for Anorexia and Bulimia, Inc., Anna Richardson, Jennifer Richey, Sarita Ruma, Amy Schuchman, Deanna "Nina" Sheller, Sara Smith, The State of Nebraska, Gregory Tiemann, Janine Ucchino, Douglas Weinberg, Brenda Wheeler, Jennifer White and Evan Winans |
| 4:2017cv03073 |
| June 16, 2017 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Susan M. Bazis |
| John M. Gerrard |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
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Filing
675
MEMORANDUM AND ORDER - The plaintiff's objection (filing 670 ) is overruled. The Magistrate Judge's findings and recommendation (filing 668 ) are adopted. The State Defendant's motion to strike and for sanctions (filing 661 ) is gra nted. The plaintiff's claims against the State of Nebraska, the Nebraska Department of Health and Human Services, Jennifer White, and Carla Heathershaw-Risko are dismissed with prejudice, and they are terminated as parties. A separate judgment will be entered. Ordered by Chief Judge John M. Gerrard. (LKO)
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Filing
674
ORDER - that Plaintiff's Motion to Allow Plaintiff's Amended Rule 26(a) Disclosures and to Allow Service on Remaining Defendants Out of Time (Filing No. 671 ) is denied. Ordered by Magistrate Judge Susan M. Bazis. (Copy e-mailed to pro se party)(LKO)
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Filing
668
ORDER - that Plaintiff's request for an extension of time to respond to the Motion to Strike and for Sanctions (Filing No. 667 ) is denied. FINDINGS AND RECOMMENDATION to Chief United States District Court Judge John Gerrard that the Motions to Strike and for Sanctions (Filing No. 661 ) be granted and that this action be dismissed with prejudice. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
666
ORDER - The plaintiff's motion to extend (filing 665 ) is denied. The plaintiff's claims against Lisa A. Johnson are dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m), and Johnson is terminated as a party. The plaintiff's claims against John Does 1-15 are dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m), and they are terminated as parties. Ordered by Chief Judge John M. Gerrard. (Copy e-mailed to pro se party) (LKO)
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Filing
659
ORDER - The Magistrate's Findings and Recommendation (filing 658 ) are adopted. Christian Heritage and Project Harmony's motion to strike and for sanctions (filing 636 ) is granted. The County defendants' motion to strike and for san ctions (filing 639 ) is granted. The NFC defendants' motion to strike and for sanctions (filing 644 ) is granted. Suzanne Haney's motion to strike and for sanctions (filing 648 ) is granted. Papillion LaVista Community Schools' moti on to strike and for sanctions (filing 650 ) is granted. The plaintiff's claims against the following defendants are dismissed with prejudice, and they are terminated as parties: County of Douglas Nebraska Families Collaborative Mark Gentile Brenda Wheeler Chad A. Miller Deanna "Nina" Sheller Sara Smith Evan Winans Nicole Paul Anna Richardson David Newell Anne Petzel Jennifer Richey Papillion LaVista Community Schools Christian Heritage Children's Home Daniel Little Project Harmony Suzanne Haney Melissa Nance The plaintiff shall show cause, on or before June 8, 2020, why her claims against John Does 1-15 and Lisa A. Johnson should not be dismissed pursuant to Rule 4(m).The NFC defendants' motion for summary judgment (filing 627 ) is denied without prejudice as moot.Ordered by Chief Judge John M. Gerrard. (LKO)
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Filing
632
ORDER - that Plaintiff shall respond to Defendants' written discovery and provide supplemental Rule 26 disclosures in full compliance with the Federal Rules of Civil Procedure by February 7, 2020. Failure to comply with this Order will re sult in a recommendation that this case be dismissed. Plaintiff is advised that no extensions of this deadline will be given without a substantial showing of good cause. If Plaintiff fails to comply with this Order, Defendants shall immediately notify the Court. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
626
ORDER TO SHOW CAUSE - that Defendants' Motion to Show Cause (Filing No. 624 ) is granted. On or before January 21, 2020, Plaintiff show cause by written affidavit why she has not: (1) complied with the Federal Rules of Civil Procedure an d Court rules; (2) complied with the orders of this Court; and (3) responded to written discovery. Failure to comply with this Order will result in the imposition of sanctions, which may include a recommendation that this case be dismissed. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
587
MEMORANDUM AND ORDER - KVC's motion for entry of final judgment (filing 576 ) is denied. Alegent and Bhatia's motion for entry of final judgment (filing 579 ) is denied. The plaintiff's motion to extend (filing 582 ) is denied as moot. Ordered by Chief Judge John M. Gerrard. (LKO)
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Filing
574
ORDER - The Motion to Withdraw as Counsel for Plaintiff (Filing No. 573 ) is granted. Mr. Barber shall immediately serve a copy of this Order on Plaintiff and thereafter file proof of service showing compliance with this Order, listing the names and addresses of the persons to whom notice was sent. Mr. Barber will not be relieved of applicable duties to the Court, Plaintiff, and opposing counsel until proof of service is filed. Upon the filing of proof of service pursuant to Paragraph 2 of this Order, Plaintiff will be deemed to be proceeding pro se, that is, without the assistance of counsel, unless substitute counsel has entered a written appearance on her behalf. If substitute counsel has not entered a written appearance, Plaintiff shal l file a written notice with the Clerk of Court, notifying the Court of Plaintiffs current address and telephone number. Plaintiff shall do so within five (5) business days of being served with this Order. Plaintiff may retain substitute counsel at a ny time. However, until such time as substitute counsel enters a written appearance, Plaintiff shall comply with all orders of this Court, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Failure to comply with these requirement s may result in the imposition of sanctions, including payment of costs and attorneys fees, and/or dismissal of this action. Upon Mr. Barber's submission of proof of service as described in Paragraph 2 of this Order, the Clerk of Court shall terminate his appearance and terminate further notices to him in this case. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
568
MEMORANDUM AND ORDER that Wang Anderson's Motion for Reconsideration and for Leave to File Second Amended Complaint (filing 510 ) is denied. This matter is referred to the Magistrate Judge for case progression. Ordered by Chief Judge John M. Gerrard. (Copy emailed to Magistrate Judge Bazis)(LAC)
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Filing
529
ORDER - The parties' stipulation (filing 527 ) is approved. The plaintiff's claims against Kersten Borer are dismissed with prejudice, each party to pay her own costs. Borer is terminated as a party to this action. Borer's pending motion for summary judgment (filing 506 ) is denied as moot. Borer's pending objection (filing 525 ) is overruled as moot. Ordered by Chief Judge John M. Gerrard. (LKO)
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Filing
516
MEMORANDUM AND ORDER - The Reliable Rock defendants' motion for judgment on the pleadings (filing 488 ) is granted. Wang Anderson's claims against Reliable Rock Counseling and Consulting, P.C., Amanda Gurock, Komi Amededji, and Judy McAuliffe- Treinen are dismissed. Reliable Rock Counseling and Consulting, P.C., Amanda Gurock, Komi Amededji, and Judy McAuliffe-Treinen are terminated as parties. Ordered by Judge John M. Gerrard. (LKO)
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Filing
503
MEMORANDUM AND ORDER - that Project Harmony's motion to dismiss (filing 359 ) is granted in part and denied in part. Ordered by Judge John M. Gerrard. (LKO)
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Filing
501
MEMORANDUM AND ORDER - The State Defendants' motion to dismiss (filing 261 ) is granted in part and denied in part, as set forth above. Courtney Phillips, Douglas Weinberg, Camas Steuter, and Elizabeth Crnkovich are terminated as parties. Ordered by Judge John M. Gerrard. (LKO)
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Filing
498
MEMORANDUM AND ORDER - The Millard Defendants' motion to dismiss (filing 247 ) is granted. Wang Anderson's claims against the Millard Public Schools, Matthew Heys, Gregory Tiemann, and Susan Hancock are dismissed. Millard Public Schools, Matthew Heys, Gregory Tiemann, and Susan Hancock are terminated as parties. Ordered by Judge John M. Gerrard. (LKO)
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Filing
493
MEMORANDUM AND ORDER - The County Defendants' motion to dismiss (filing 221 ) is granted in part and denied in part, as set forth above. Amy Schuchman is terminated as a party. The County Defendants' motion to strike (filing 221 ) is denied. Ordered by Judge John M. Gerrard. (LKO)
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Filing
487
MEMORANDUM AND ORDER granting in part and denying in part 280 Motion to Dismiss. Christian Heritage Children's Home's Motion to Dismiss 280 is granted in part and denied in part. Ordered by Judge John M. Gerrard. (DCD)
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Filing
486
MEMORANDUM AND ORDER NUNC PRO TUNC - Johnson-Gunn's motion to dismiss (filing 217 ) is granted. The Children's Defendants motion to dismiss (filing 249 ) is granted in part and in part denied. The Alegent Defendants' motion to dismis s (filing 254 ) is granted. Wang Anderson's § 1983 claim against Haney, based on alleged violation of her right to due process, may proceed. All other claims as to the moving defendants are dismissed. Johnson-Gunn, Children's, Harrington, Vance, Beals, Ruma, Alegent, and Bhatia are dismissed as parties. Ordered by Judge John M. Gerrard. (LKO)
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Filing
481
MEMORANDUM AND ORDER - X.C.W.'s claims are dismissed without prejudice. The Clerk of the Court is directed to modify the case caption with respect to Wang Anderson by striking "Individually and on behalf of and as the 'Next Friend' ; of minor X.C.W." Derr's motion to dismiss (filing 242 ) is granted. Reid-Hansen and Hansen's motion to dismiss (filing 251 ) is granted. Tina Anderson's motion to dismiss (filing 266 ) is granted. Reid-Hansen and Hansen's motion to strike (filing 387 ) is denied as moot. Derr, Reid-Hansen, Hansen, and Tina Anderson are terminated as parties. Ordered by Judge John M. Gerrard. (LKO)
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Filing
452
MEMORANDUM AND ORDER on the Motion to Dismiss 203 filed by Janine Ucchino. Ucchino's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 203 is granted. Ucchino is terminated as a party. Ordered by Judge John M. Gerrard. (MKR)
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Filing
445
MEMORANDUM AND ORDER - Papillion La Vista's Motion to Dismiss (filing 196 ) is denied without prejudice. This matter is referred to the Magistrate Judge for case progression upon disposition of the other pending motions to dismiss. Ordered by Judge John M. Gerrard. (LKO)
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Filing
444
MEMORANDUM AND ORDER - The motion to dismiss (filing 214 ) of defendants Susan Boyles and the Remuda Ranch Center for Anorexia and Bulimia is granted. The motion to dismiss (filing 240 ) of Laureate Psychiatric Clinic and Nancy E. Parke is granted. Wang Anderson's claims against Boyles, Remuda Ranch, Laureate, and Parke are dismissed. Boyles, Remuda Ranch, Laureate, and Parke are terminated as parties. Ordered by Judge John M. Gerrard. (LKO)
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