Fresenius Kabi USA, LLC v. State of Nebraska et al Featured Case

A lawsuit filed by German drug manufacturer Fresenius Kabi against the State of Nebraska over the drugs used for lethal injection.

Plaintiff: Fresenius Kabi USA, LLC
Defendant: Nebraska Department of Correctional Services, Scott Frakes and State of Nebraska
Case Number: 4:2018cv03109
Filed: August 7, 2018
Court: Nebraska District Court
Office: 4 Lincoln Office
Nature of Suit: P.I.: Other
Cause of Action: 28:1391 Personal Injury
Jury Demanded By: None

Docket Report

This docket was last retrieved on August 12, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
August 9, 2018 29 UNOPPOSED MOTION for Leave to File Amici Curiae Brief by Attorney Nicholas J. Bronni on behalf of Defendant State of Nebraska. (Attachments: # 1 Exhibit A - Proposed Amici Curiae Brief)(Bronni, Nicholas)
August 9, 2018 28 OBJECTION to Index 9 , Attachment - Continued 10 Evidence Objections by Attorney Ryan S. Post on behalf of Defendants Nebraska Department of Correctional Services, Scott Frakes, State of Nebraska.(Post, Ryan)
August 9, 2018 27 BRIEF in opposition to MOTION for Temporary Restraining Order and Expedited Discovery 7 , MOTION for Preliminary Injunction 8 by Attorney Ryan S. Post on behalf of Defendants Nebraska Department of Correctional Services, Scott Frakes, State of Nebraska.(Post, Ryan)
August 9, 2018 26 INDEX in opposition to MOTION for Temporary Restraining Order and Expedited Discovery 7 , MOTION for Preliminary Injunction 8 by Attorney Ryan S. Post on behalf of Defendants Nebraska Department of Correctional Services, Scott Frakes, State of Nebraska. (Attachments: # 1 Affidavit Scott R. Frakes)(Post, Ryan)
August 9, 2018 25 TEXT ORDER granting Motion for Admission Pro Hac Vice 24 for attorney Nicholas J. Bronni. Ordered by Deputy Clerk. (KMG)
August 9, 2018 24 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-3739252 by Attorney Nicholas J. Bronni on behalf of Defendant State of Nebraska.(Bronni, Nicholas)
August 9, 2018 23 TEXT ORDER granting Motion for Admission Pro Hac Vice 22 for attorney Dylan L. Jacobs. Ordered by Deputy Clerk. (KMG)
August 9, 2018 22 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-3739218 by Attorney Dylan L. Jacobs on behalf of Defendant State of Nebraska.(Jacobs, Dylan)
August 9, 2018 21 Featured Case ORDER - Upon application of a member of the press, IT IS HEREBY ORDERED that members of the press holding valid press credentials are authorized to bring laptops to the hearing scheduled for Friday, August 10, 2018, at 3:00 p.m., and are authorized to live tweet their personal descriptions of the proceedings. However, no one may record the proceedings by audio or video. Ordered by Senior Judge Richard G. Kopf. (CS)
August 8, 2018 20 NOTICE of Appearance by Attorney Danielle L. Jones on behalf of Defendants Nebraska Department of Correctional Services, Scott Frakes, State of Nebraska (Jones, Danielle)
August 8, 2018 19 Featured Case ORDER - A hearing on Plaintiff's Motion for Temporary Restraining Order (Filing No. 7 ) will take place from 3:00 p.m. to 4:00 p.m. on Friday, August 10, 2018, in Courtroom No. 1, Robert V. Denney United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Counsel have requested, and the court has agreed, to issue a ruling on Plaintiff's Motion for Temporary Restraining Order from the bench at the conclusion of such hearing, to be supplemented by a written order if necessary. Ordered by Senior Judge Richard G. Kopf. (KLF)
August 8, 2018 18 *EXPEDITED* LETTER BY CLERK that a transcript request was sent to General Reporting for transcription regarding Conference Call 16 . Transcript ordered by Senior Judge Richard G. Kopf. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (KLF)
August 8, 2018 17 AUDIO FILE. Court Date & Time [ 08/08/2018 12:46:11 PM ]. File Size [ 3557 KB ]. Run Time [ 00:14:49 ]. (Conference Call). (auto-docket).
August 8, 2018 16 TEXT MINUTE ENTRY for conference call proceedings held before Senior Judge Richard G. Kopf in Lincoln Courtroom #1 held on 8/8/2018. TRO hearing scheduled for Friday, 8/10/18 at 3:00 p.m. for one hour. There will be a ruling from the bench supplemented by a memo and order if necessary. Defendants to file a brief in opposition by late in day Thursday, 8/9/18. Appearance for Plaintiff: Mark A. Christensen and Nathan Clark; Defendants: Ryan S. Post, James D. Smith, and David A. Lopez. Courtroom Deputy: Colleen Beran; Court Reporter: Digital.Time Start: 2:59 p.m.; Time Stop: 3:12 p.m.; Time in Court: 13 Minutes. (CCB)
August 8, 2018 15 Featured Case ORDER that the motion for Expedited Discovery (filing no. 7, part 2) is denied without prejudice. The motion for temporary restraining order (filing no. 7, part 1) remains pending and will be resolved expeditiously. Ordered by Senior Judge Richard G. Kopf. (CCB)
August 8, 2018 14 WAIVER OF SERVICE Returned Executed upon Scott Frakes defendant Scott Frakes. Waiver sent on 8/8/2018. (Christensen, Mark)
August 8, 2018 13 WAIVER OF SERVICE Returned Executed upon State of Nebraska defendant State of Nebraska. Waiver sent on 8/8/2018. (Christensen, Mark)
August 8, 2018 12 WAIVER OF SERVICE Returned Executed upon Nebraska Department of Correctional Services defendant Nebraska Department of Correctional Services. Waiver sent on 8/8/2018. (Christensen, Mark)
August 8, 2018 11 BRIEF in support of Plaintiff's Motion for Temporary Restraining Order and Expedited Discovery and Motion for Preliminary Injunction by Attorney Mark A. Christensen on behalf of Plaintiff Fresenius Kabi USA, LLC.(Christensen, Mark)
August 8, 2018 10 ATTACHMENT - CONTINUED regarding Index 9 . by Attorney Mark A. Christensen on behalf of Plaintiff Fresenius Kabi USA, LLC.(Christensen, Mark)
August 8, 2018 9 INDEX in support of Motion for Preliminary Injunction and Motion for Temporary Restraining Order by Attorney Mark A. Christensen on behalf of Plaintiff Fresenius Kabi USA, LLC.(Christensen, Mark)
August 8, 2018 8 MOTION for Preliminary Injunction by Attorney Mark A. Christensen on behalf of Plaintiff Fresenius Kabi USA, LLC.(Christensen, Mark)
August 8, 2018 7 MOTION for Temporary Restraining Order and Expedited Discovery by Attorney Mark A. Christensen on behalf of Plaintiff Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Christensen, Mark)
August 8, 2018 6 Featured Case TEXT REASSIGNMENT ORDER - This matter is reassigned to Senior U.S. District Judge Richard G. Kopf as it is related to Case No. 4:99CV3263 and, additionally, in the interests of justice inasmuch as Judge Kopf is intimately familiar with the underlying matters. Ordered by Chief Judge Laurie Smith Camp. (DKM)
August 8, 2018 5 NOTICE of Appearance by Attorney James D. Smith on behalf of Defendants Nebraska Department of Correctional Services, Scott Frakes, State of Nebraska (Smith, James)
August 8, 2018 4 TEXT NOTICE OF JUDGES ASSIGNED: Judge Robert F. Rossiter, Jr. and Magistrate Judge Susan M. Bazis assigned. (LKO)
August 8, 2018 3 NOTICE of Appearance by Attorney David A. Lopez on behalf of Defendants Nebraska Department of Correctional Services, Scott Frakes, State of Nebraska (Lopez, David)
August 8, 2018 2 NOTICE of Appearance of Ryan S. Post by Attorney Ryan S. Post on behalf of Defendants Nebraska Department of Correctional Services, Scott Frakes, State of Nebraska (Post, Ryan)
August 7, 2018 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number ANEDC-3737843), by Attorney Mark A. Christensen on behalf of Fresenius Kabi USA, LLC (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P)(Christensen, Mark) (Additional attachment(s) added on 8/8/2018: # 18 Exhibit D (corrected)) (LKO).

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Plaintiff: Fresenius Kabi USA, LLC
Represented By: Mark A. Christensen
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Defendant: Nebraska Department of Correctional Services
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Defendant: Scott Frakes
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Defendant: State of Nebraska
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