Ayres v. Nebraska Department of Health & Human Services et al
| Jill Ayres |
| Sarah Brock, Brenda Chase, Diane Martig, Nebraska Department of Health & Human Services, Project Harmony, Talana Sayre and Joan Weldon |
| 4:2017cv03116 |
| September 1, 2017 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Laurie Smith Camp |
| Michael D. Nelson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
53
ORDER that Plaintiff's Motion to Re-Serve Individual Defendant Sarah Brock 51 is denied for the reasons stated. Ordered by Magistrate Judge Michael D. Nelson. (MBM)
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Filing
48
ORDER that the Motion to Stay Discovery. a. Defendants shall file any motion to stay discovery on or before July 30, 2018. b. Plaintiff may file her opposition on or before August 13, 2018. c. Defendants may file a reply on or before August 20, 2018 , after which the motion will be deemed submitted to the Court. See NECivR 7.1. Motions for Summary Judgment. All motions to dismiss or for summary judgment based on qualified immunity shall be filed not later than October 15, 2018. See NECivR 56.1 and NECivR 7.1.On or before July 30, 2018, Plaintiff shall file any necessary motion regarding her request to re-add Sarah Brock as a defendant, who was previously dismissed from the case for Plaintiffs failure to serve her pursuant to Fed. R. Civ. P. 4(m). Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
42
ORDER that Defendant Lana Sayers is dismissed from the above-captioned action, without prejudice. The Clerk of the Court will remove Lana Sayers from the case caption. Ordered by Chief Judge Laurie Smith Camp. (LAC)
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Filing
39
MEMORANDUM AND ORDER that the Motion to Dismiss, ECF No. 29 , filed by Defendants Nebraska Department of Health & Human Services, Joan Weldon, Talana Sayre, Brenda Chase, and Diane Martig, is granted, in part, as follows; a. All claims against Def endant Nebraska Department of Health & Human Services are dismissed, with prejudice, and the Clerk is directed to remove the name of this Defendant from the caption; b. All claims against Defendants Joan Weldon, Brenda Chase, Diane Martig, and Tal ana Sayre in their official capacities seeking money damages are dismissed, with prejudice; c. All claims against Defendants Joan Weldon, Brenda Chase, and Diane Martig, in their individual capacities, are dismissed, without prejudice, and the Cler k will amend the caption accordingly; d. The motion is otherwise denied. 2. The Motion to Dismiss, ECF No. 31 , filed by Defendant Project Harmony, is granted; all claims against Defendant Project Harmony are dismissed, without prejudice; and th e Clerk will remove this Defendant's name from the caption. The Findings and Recommendation, ECF No. 33 , of Magistrate Judge Michael D. Nelson, are adopted in their entirety; all claims against Defendant Sarah Brock are dismissed, without p rejudice, and the Clerk will remove the name of this Defendant from the caption.Plaintiff Jill Ayres shall show cause by June 4, 2018, why Defendant Lana Sayers should not be dismissed from this action pursuant to Federal Rule of Civil Procedure 4 (m); and failure to comply with this order may result in dismissal of all claims against Lana Sayers without further notice. Defendants Joan Weldon, Brenda Chase, and Diane Martig, in their official capacities, and Talana Sayre in her official and individual capacities, will respond to the remaining claims in the Amended Complaint by June 4, 2018. Ordered by Chief Judge Laurie Smith Camp. (LAC)
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Filing
28
ORDER TO SHOW CAUSE that Plaintiff shall have until February 9, 2018, to show cause why this case should not be dismissed against Defendant Sarah Brock pursuant to Federal Rule of Civil Procedure 4(m). The failure to timely comply with this order may result in dismissal of this action against Defendant Sarah Brock without further notice. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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