Sabata et al v. Nebraska Department of Correctional Services et al
Plaintiff: Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Zoe Rena, Hannah Sabata and Brandon Sweetser
Defendant: Harbans Deol, Does, Scott Frakes, Julie Micek, Nebraska Board of Parole and Nebraska Department of Correctional Services
Case Number: 4:2017cv03107
Filed: August 15, 2017
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Michael D. Nelson
Presiding Judge: Robert F. Rossiter
Nature of Suit: Prisoner: Prison Conditions
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
August 22, 2019 Opinion or Order Filing 389 ORDER - Defendants' Motion to Strike Expert Declarations (Filing No. 351 ) is denied. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
June 12, 2019 Opinion or Order Filing 337 AMENDED PROGRESSION ORDER - IT IS SO ORDERED: The Parties' Joint Motion to Amend Case Progression Order (Filing No. 336 ) is granted. The provisions of the Court's previous orders remain in effect, and in addition to those provisions, the following deadlines are suspended pending a ruling on the pending motions (Filing Nos. 125, 223, 247, 270, 280, 294) and will be re-set at a scheduling conference to occur within fourteen (14) days of the Court's order resolving the last of the pending motions listed above. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
April 11, 2019 Opinion or Order Filing 289 AMENDED PROGRESSION ORDER - This matter comes before the court on the parties' Joint Motion to Amend Case Progression Order (Filing No. 287 ). After review of the motion, the Court finds good cause to extend the case progression deadlines. The non-jury trial of this case is set to commence before Robert F. Rossiter, Jr., United States District Judge, in Courtroom 3, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 9, 2020, or as soon thereafter as the case may be c alled, for a duration of fifteen (15) trial days. This case is subject to the prior trial of other civil cases that may be scheduled for trial before this one. The Pretrial Conference is scheduled before the undersigned magistrate judge on Februar y 28, 2020, at 10:00 a.m., and will be conducted in chambers. The parties proposed Pretrial Conference Order and Exhibit List(s) must be emailed to nelson@ned.uscourts.gov, in Word format, by 3:00 p.m. on February 21, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
March 6, 2019 Opinion or Order Filing 264 ORDER - Accordingly, the Court finds that Defendants may depose the experts disclosed by Plaintiffs in support of the motion for class certification about the opinions and factual bases expressed by the experts in the disclosed reports. As stated on the record during the telephone conference, the parties shall work to schedule the plaintiffs' expert depositions no earlier than, but as early as March 25, 2019. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
February 27, 2019 Opinion or Order Filing 260 MEMORANDUM AND ORDER that Defendants' Suggestion of Mootness and Motion to Dismiss Claims of Named Plaintiff R.P. (Filing No. 204 ) is granted. Named plaintiff R.P.'s claims are dismissed without prejudice. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
February 22, 2019 Opinion or Order Filing 255 ORDER - IT IS ORDERED: Marshall Lux, Public Counsel's, Motion to Quash (Filing No. 108 ) is granted. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
December 27, 2018 Opinion or Order Filing 218 STIPULATED PROTECTIVE ORDER REGARDING RECORDS OF DECEASED INMATES - that the Joint Motion for Entry of a Stipulated Protected Order is granted, and the parties' Stipulated Protective Order is entered. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
November 29, 2018 Opinion or Order Filing 212 ORDER - that the parties' Joint Stipulated Motion to Amend Order Setting Final Schedule for Progression (Filing No. 211) is granted, and the provisions of the Court's previous orders remain in effect, and in addition to those provisions, th e following date changes shall apply: Motions for Class Certification. a. Any motion to certify this case as a class action shall be filed by February 19, 2019, in the absence of which any claim in the pleadings that this is a c lass action shall be deemed abandoned, and the case shall proceed, for purposes of Fed. R. Civ. P. 23, as if a motion for class certification had been filed and denied by the Court. b. Defendants shall file their response to Plaintiffs' class certification motion by April 26, 2019. c. Plaintiffs may file a reply by May 24, 2019. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
October 12, 2018 Opinion or Order Filing 187 AMENDED STIPULATED PROTECTIVE ORDER - In consideration of the proceedings held on October 5, 2018, by telephone with the parties, the Court's Order issued on October 10, 2018 (Filing 185 ), and upon review of the proposed Amended Stipulated Protective Order emailed to the undersigned magistrate judge's chambers, IT IS ORDERED that the parties' Amended Stipulated Protective Order is entered. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
October 9, 2018 Opinion or Order Filing 185 ORDER - This matter is before the Court following a telephone conference held with counsel for the parties on October 5, 2018, to resolve two issues related to Plaintiffs' upcoming expert tours of the Nebraska Department of Correctional Services ("NDCS") facilities. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
August 31, 2018 Opinion or Order Filing 155 ORDER - The parties are to meet and confer to further attempt to resolve their ongoing discovery disputes. On or before September 13, 2018 , Plaintiffs shall file supplemental briefing on any outstanding disputes. Defendants shall file their supplemental briefing on or before September 27, 2018 . Unless the Court is notified otherwise, it will then make its rulings on the parties' Joint Discovery Dispute Chart. The Motion (Filing No. 143 ) deadline for the document filed by non-party Jesse Blackstock is terminated. The document requires no court ruling and is simply a putative class member's written interest in joining the class, if one is certified. Defendants' Motion to Strike (Filing No. 145 ) is unoppose d and is therefore granted. Defendants' exhibits at Filing No. 127 -2 and Filing No. 127 -47 are hereby stricken from Defendants' Index of Evidence (Filing No. 127 ), as they were filed in error. The Court will consider the corrected exh ibits at Filing No. 146 when ruling on Defendants' Motion for Partial Summary Judgment (Filing No. 125 ). Defendants' Motion for Extension of Time (Filing No. 147 ) to serve objections to the Plaintiffs' proposed facility tours is granted, as Plaintiffs do not object to the extension. Plaintiffs' Unopposed Motion for Extension of Time to File a Brief in Opposition to Defendants' Motion for Partial Summary Judgment (Filing No. 151 ) is granted. Plaintiffs shall have an extension of time to September 7, 2018 , to file their response to Defendants' Motion for Partial Summary Judgment (Filing No. 125 ). Defendants are granted an extension to September 21, 2018 , to file a Reply. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
August 21, 2018 Opinion or Order Filing 142 STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL RULES, REGULATIONS, AND POLICIES - Pursuant to Fed. R. Civ. P. 26(c), the Court finds good cause for the issuance of a qualified protective order, grants the parties' Joint Motion 141 . Ordered by Magistrate Judge Michael D. Nelson. (LKO)
July 20, 2018 Opinion or Order Filing 121 ORDER - Defendants shall have an extension of time to July 27, 2018, to file a motion for summary judgment based on failure to exhaust administrative remedies. Parties shall contact Magistrate Judge Nelson within seven days (7) after the Court rules on the Motion for Summary Judgment to schedule a telephone conference. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
June 27, 2018 Opinion or Order Filing 107 STIPULATED ORDER ON ELECTRONICALLY STORED INFORMATION - that the parties' Stipulated Order on Electronically Stored Information (Filing No. 106 ) is adopted. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
May 16, 2018 Opinion or Order Filing 90 STIPULATED PROTECTIVE ORDER - Upon review of the parties' Joint Motion (Filing No. 89 ) and proposed Stipulated Protective Order emailed to the undersigned magistrate judge's chambers, IT IS ORDERED that the Joint Motion for Entry of Stipulated Protective Order (Filing No. 89 ) is granted, and the parties' stipulated protective order is entered. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
August 24, 2017 Opinion or Order Filing 22 ORDER that Plaintiffs' Motion for Appointment of Next Friend Per Fed. R. Civ. P. 17(c) (Filing No. 2 ) is granted. David J. Tarrell, Attorney at Law, 1823 Harney Street, Suite 100, Omaha, Nebraska 68102, (402) 884-7770, is appointed as Guardian ad Litem to represent the interests of Plaintiff R. P., a minor, during the pendency of this action or until further order of the Court. The Clerk of Court is directed to mail copies of this Order to Mr. Tarrell at the address listed above. Upon receipt of this Order, Mr. Tarrell shall enter his appearance on behalf of Plaintiff R.P. Ordered by Magistrate Judge Michael D. Nelson. (Copies mailed as directed to Attorney David J. Tarrell)(LAC)
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Search for this case: Sabata et al v. Nebraska Department of Correctional Services et al
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Plaintiff: Dylan Cardeilhac
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: Christopher M. Young
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Plaintiff: James Curtright
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: Christopher M. Young
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Plaintiff: Jason Galle
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: Christopher M. Young
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Plaintiff: Richard Griswold
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: Christopher M. Young
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Plaintiff: Michael Gunther
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: Christopher M. Young
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Plaintiff: Angelic Norris
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: Christopher M. Young
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Plaintiff: R. P.
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: David J. Tarrell
Represented By: Christopher M. Young
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Plaintiff: Isaac Reeves
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: Christopher M. Young
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Plaintiff: Zoe Rena
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: Christopher M. Young
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Plaintiff: Hannah Sabata
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: Christopher M. Young
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Plaintiff: Brandon Sweetser
Represented By: Michael W. Bien
Represented By: Jennifer Eldridge
Represented By: David C. Fathi
Represented By: Amy Fettig
Represented By: Ernest Galvan
Represented By: Kara J. Janssen
Represented By: Dawn M. Jenkins
Represented By: Robert E. McEwen
Represented By: Amy A. Miller
Represented By: Debra Patkin
Represented By: Kenneth M. Smith
Represented By: Christopher M. Young
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Defendant: Harbans Deol
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Defendant: Does
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Defendant: Scott Frakes
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Defendant: Julie Micek
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Defendant: Nebraska Board of Parole
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Defendant: Nebraska Department of Correctional Services
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