Stamm et al v. County of Cheyenne, Nebraska, et al
| Vanessa Humaran and Lisa Stamm |
| City of Scottsbluff, Nebraska, County of Cheyenne, Nebraska, County of Scotts Bluff, Nebraska, John Jenson, Mark Overman and Kevin Spencer |
| 4:2017cv03146 |
| November 2, 2017 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Susan M. Bazis |
| Richard G. Kopf |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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Filing
45
MEMORANDUM AND ORDER that Plaintiffs' Motion to Dismiss 33 is granted, and Counts 8 and 9 of Plaintiffs' Amended Complaint 24 are dismissed without prejudice. To the extent that Counts 1, 2, 3, 4, 5, 6, and 10 of Plaintiffs' Amen ded Complaint rest upon alleged violations of the Nebraska Constitution or Nebraska statutes, all such state-law claims are dismissed without prejudice. Plaintiffs' Motion to File Evidence Under Restricted Access 39 is denied. Defendants' ; Motions to Dismiss 25 27 are granted and, except as specified in paragraphs 1 and 2, Plaintiffs' claims are dismissed with prejudice. Judgment will be entered by separate document and the clerk of the court will proceed to close the file for statistical purposes. Ordered by Senior Judge Richard G. Kopf. (MBM)
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Filing
23
ORDER that Filing No. 4 , the Motion to Dismiss filed by Defendants City of Scottsbluff, Nebraska, and Kevin Spencer, is denied without prejudice to reassertion. Filing No. 6 , the Motion to Dismiss filed by Defendants County of Cheyenne, Neb raska, County of Scotts Bluff, Nebraska, John Jenson, and Mark Overman, is denied without prejudice to reassertion. Filing No. 10 , the Motion to Amend filed by Plaintiffs, is denied without prejudice, as moot. Filing No. 17 , the Amended Motio n to Amend filed by Plaintiffs, is granted, as follows: a. Plaintiffs are granted leave to file a First Amended Complaint that conforms to Exhibit 1 (Filing No. 17-1), but with the following corrections: i. In paragraph 46, "Cheyenne County" shall be substituted for "Scottsbluff County"; and ii. Throughout the First Amended Complaint, the spelling of the "County of Scottsbluff" shall be corrected to "County of Scotts Bluff." b. Plaintiffs shall file the First Amended Complaint within 7 days of today's date. c. Defendants shall have 14 days after service of the First Amended Complaint to file their responses. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
9
ORDER that Plaintiffs' unopposed motion for extension of time (Filing No. 8 ) is granted. Plaintiffs shall have until December 7, 2017, to respond to Defendants' motions to dismiss (Filing Nos. 4 and 6 ). Ordered by Senior Judge Richard G. Kopf. (LAC)
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