Gillpatrick et al v. Frakes et al
| Paul Gillpatrick and Niccole Wetherell |
| Denise Davidson, Scott Frakes and Robert Madsen |
| 4:2018cv03011 |
| January 23, 2018 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Cheryl R. Zwart |
| Robert F. Rossiter |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
91
MEMORANDUM AND ORDER that plaintiff Paul Gillpatrick is awarded attorney fees and costs in the amount of $73,818.25. A separate judgment will issue. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)
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Filing
90
ORDER - that the motion to withdraw filed by Benjamin M. Goins, as counsel of record for Defendants, (Filing No. 89 ), is granted. Benjamin M. Goins shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
83
ORDER - that the motion at Filing No. 82 is construed as a motion to withdraw Ryan S. Post as counsel of record for Defendants. The motion (Filing No. 82 ) is granted. Ryan S. Post shall no longer receive electronic notice in this case. James A. Campbell has previously entered his appearance and shall remain counsel of record for Defendants. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
74
JUDGMENT - In accordance with this Court's Memorandum and Order (Filing No. 73 ) entered this date, plaintiffs Paul Gillpatrick and Niccole Wetherell are awarded attorney fees in the amount of $73,818.25 against defendants Scott Frakes, Michele Capps, and Angela Folts-Oberle. The effect of this judgment is stayed pending appeal to the Eighth Circuit Court of Appeals. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Filing
72
ORDER - that the motion to withdraw filed by David A. Lopez, as counsel of record for Defendants, (Filing No. 71 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
68
MEMORANDUM AND ORDER that Plaintiffs Paul Gillpatrick and Niccole Wetherell's Motion to Reconsider under Federal Rule of Civil Procedure 60(a) or 59(e) (Filing No. 58 ) and Motion to Make Additional Findings under Federal Rule of Civil Procedur e 52(b) (Filing No. 63 ) are denied. Defendants Scott Frakes, Michele Capps, and Angela Folts-Oberle's Unopposed Motion for Stay of Judgment Pending Appeal (Filing No. 65 ) is granted. The judgment (Filing No. 57 ) entered June 7, 2019, is st ayed pending appeal to the Eighth Circuit. Defendants' Unopposed Motion for Order that Plaintiffs' Motion for Attorney Fees and Costs Has Same Effect under Federal Rule of Appellate Procedure 4(a)(4) as a Timely Motion Under Federal Rule of Civil Procedure 59 (Filing No. 66 ) is granted. Defendants must file any notice of appeal within 30 days of the Court's order disposing of plaintiffs' Request for Attorney Fees (Filing No. 60 ). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Filing
43
PROGRESSION ORDER (AMENDED) granting the parties 42 Motion to Amend Progression Order. The deposition deadline is now January 31, 2019. Cross-motions for summary judgment based on stipulated facts shall be filed on or before March 14, 2019, with any response due on or before April 15, 2019. No reply shall be filed absent leave of the court for good cause shown. The deadline for filing motions to exclude testimony on Daubert and related grounds is now March 14, 2019. The clerk shall set an internal case management deadline of March 18, 2019: Confirm that cross-motions were timely filed. Ordered by Magistrate Judge Cheryl R. Zwart. (CS)
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Filing
35
PROGRESSION ORDER (AMENDED) - The trial and pretrial conference settings are vacated. The deadline for serving written discovery under Rules 33 through 36 of the Federal Rules of Civil Procedure is August 1, 2018, with responses, answers, and objecti ons due on or before September 10, 2018. Motions to compel Rule 33 through 36 discovery must be filed by September 24, 2018. Note: Motions to compel shall not be filed without first contacting the chambers of the undersigned magistrate judge t o set a conference for discussing the parties' dispute. The deadlines for complete expert disclosures for all experts expected to testify at trial, (both retained experts, (Fed. R. Civ. P.26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are: For Defendant: September 17, 2018. Plaintiffs' rebuttal: October 17, 2018. The deposition deadline is November 30, 2018. Cross-motions for summary judgment based on stipulated facts shall be filed on or before January 14, 2019 , with any response due on or before February 15, 2019. No reply shall be filed absent leave of the court for good cause shown. The clerk shall set an internal case management deadline of January 18, 2019: Confirm that cross-motions were timely filed. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
32
STIPULATED PROTECTIVE ORDER - This matter is before the Court on the Parties' Joint Motion for Entry of Stipulated Protective Order. (Filing No. 31 ). The Motion, (Filing No. 31 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
23
MEMORANDUM AND ORDER that the plaintiffs' Statement of Objections to Magistrate Judge's Findings, Recommendation and Order (Filing No. 15 ) is overruled. The magistrate judge's Findings and Recommendation (Filing No. 12 ) is accepted. The plaintiffs' Motion to Remand (Filing No. 6 ) is denied. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Filing
22
ORDER granting 21 Motion to Extend the deadline for filing the Parties' Rule 26(f) Report. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
20
ORDER denying 2 Motion to Consolidate Cases; sustaining 16 Objection. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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