Gardner v. Franklin et al
| Glenda Sue Gardner and David Gardner |
| Frederick D. Franklin, Donald W. Kleine, Douglas County Attorney's Office and Does 1 & 2 |
| 4:2021cv03145 |
| July 26, 2021 |
| US District Court for the District of Nebraska |
| John M Gerrard |
| Cheryl R Zwart |
| P.I.: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 28
JUDGMENT - For the reasons stated in the accompanying memorandum and order, the plaintiffs' complaint is dismissed. Ordered by Judge John M. Gerrard. (LKO)
|
|
Filing 27
MEMORANDUM AND ORDER - The motion to dismiss filed by Kleine and Douglas County (filing #12 ) is granted. The motion to dismiss filed by Franklin and John Does #1 and #2 (filing #21 ) is granted. The plaintiffs' complaint is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (LKO)
|
|
Filing 26
ORDER - that the motion to withdraw filed by Daniel J. Gutman, as counsel of record for Defendants, Frederick D. Franklin and Does 1 & 2 (Filing No. #25 ), is granted. Daniel J. Gutman shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
|
| Filing 25 MOTION to Withdraw as Attorney by Attorney Daniel J. Gutman on behalf of Defendants Does 1 & 2, Frederick D. Franklin.(Gutman, Daniel) |
| Filing 24 REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #21 by Attorney Patrick S. Cooper on behalf of Defendants Does 1 & 2, Frederick D. Franklin.(Cooper, Patrick) |
| Filing 23 RESPONSE regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #21 by Attorney John M. Pierce on behalf of Plaintiffs David Gardner, Glenda Sue Gardner.(Pierce, John) |
| Filing 22 BRIEF in support of Defendants Franklin and Does 1 & 2's MTD by Attorney Patrick S. Cooper on behalf of Defendant Frederick D. Franklin.(Cooper, Patrick) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Patrick S. Cooper on behalf of Defendant Frederick D. Franklin.(Cooper, Patrick) |
|
Filing 20
ORDER - that Plaintiffs' motions, (Filing Nos. #17 and #18 ), are granted in part and denied in part. Plaintiffs are given until January 21, 2022 to serve defendant Frederick D. Franklin. Plaintiffs' request to serve Mr. Franklin by the alternative means of first class mail, newspaper publication, or appointment of a receiver is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
|
| Filing 19 Summons Returned Unexecuted as to defendant Frederick D. Franklin. (Pierce, John) |
| Filing 18 RESTRICTED MOTION to Extend Time to Alternative Serve Defendant Frederick Franklin MOTION for Alternative Service of Process regarding Summons Issued #10 #17 by Attorney John M. Pierce on behalf of Plaintiffs David Gardner, Glenda Sue Gardner.(Pierce, John) 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). See NECivR 5.3(b)(2). Modified on 12/15/2021 to restrict (DCD). |
| Filing 17 RESTRICTED MOTION for Alternative Service of Process regarding Summons Issued #10 by Attorney John M. Pierce on behalf of Plaintiffs David Gardner, Glenda Sue Gardner. 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). See NECivR 5.3(b)(2). (Attachments: #1 Declaration of John M. Pierce)(Pierce, John) Modified on 12/15/2021 to restrict (DCD). |
| Filing 16 REPLY BRIEF in support of MOTION to Dismiss #12 by Attorney Timothy K. Dolan on behalf of Defendants Douglas County Attorney's Office, Donald W. Kleine.(Dolan, Timothy) |
| Filing 15 REPLY BRIEF in opposition to Motion to Dismiss by Attorney John M. Pierce on behalf of Plaintiffs David Gardner, Glenda Sue Gardner.(Pierce, John) |
| Filing 14 RESPONSE To Order To Show Cause by Attorney John M. Pierce on behalf of Plaintiff Glenda Sue Gardner.(Pierce, John) |
| Filing 13 BRIEF in support of MOTION to Dismiss #12 by Attorney Timothy K. Dolan on behalf of Defendants Douglas County Attorney's Office, Donald W. Kleine.(Dolan, Timothy) |
| Filing 12 MOTION to Dismiss by Attorney Timothy K. Dolan on behalf of Defendants Douglas County Attorney's Office, Donald W. Kleine.(Dolan, Timothy) |
|
Filing 11
ORDER TO SHOW CAUSE - that Plaintiffs shall have until November 29, 2021 to show cause why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m) or for want of prosecution. The failure to timely comply with this order may result in dismissal of this action without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
|
| Filing 10 Summons Issued as to defendants Frederick D. Franklin and Donald W. Kleine. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM) |
| Filing 9 Summons Requested as to Donald Kleine regarding Complaint, #1 . (Pierce, John) |
| Filing 8 Summons Requested as to Frederick D. Franklin regarding Complaint, #1 . (Pierce, John) |
| Filing 7 Summons Requested as to Douglas Kleine regarding Complaint, #1 . (Pierce, John) |
| Filing 6 TEXT ORDER granting Motion for Admission Pro Hac Vice #2 for attorney John M. Pierce. Ordered by Deputy Clerk. (JLS) |
|
Filing 5
REASSIGNMENT ORDER - that this case is reassigned to Magistrate Judge Cheryl R. Zwart for judicial supervision and remains assigned to District Judge John M. Gerrard for disposition. Ordered by Judge John M. Gerrard. (LKO)
|
|
Filing 4
ORDER - This matter is before the Court on its own motion pursuant to 28 U.S.C. ' 455(a), which states: "Any... judge... of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Upon review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse himself from the above- designated case pursuant to 28 U.S.C. ' 455(a). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
|
| Filing 3 TEXT NOTICE OF JUDGES ASSIGNED: Judge John M. Gerrard and Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) |
| Filing 2 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4443489 by Attorney John M. Pierce on behalf of Plaintiffs David Gardner, Glenda Sue Gardner.(Pierce, John) |
| Filing 1 COMPLAINT with jury demand against Does 1 & 2, Douglas County Attorney's Office, Douglas County, Nebraska, Frederick D. Franklin, Donald W Kleine, (filing fee $402, receipt number ANEDC-4443228) by Attorney John M. Pierce on behalf of Glenda Sue Gardner, David Gardner (Attachments: #1 Civil Cover Sheet)(Pierce, John) Modified on 7/26/2021 to add the receipt number (LRM). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nebraska District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
