Gardner v. Franklin et al
Plaintiff: Glenda Sue Gardner and David Gardner
Defendant: Frederick D. Franklin, Donald W. Kleine, Douglas County Attorney's Office and Does 1 & 2
Case Number: 4:2021cv03145
Filed: July 26, 2021
Court: US District Court for the District of Nebraska
Presiding Judge: John M Gerrard
Referring Judge: Cheryl R Zwart
Nature of Suit: P.I.: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 31, 2022 Opinion or Order 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)
May 31, 2022 Opinion or Order 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)
February 3, 2022 Opinion or Order 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)
February 3, 2022 Filing 25 MOTION to Withdraw as Attorney by Attorney Daniel J. Gutman on behalf of Defendants Does 1 & 2, Frederick D. Franklin.(Gutman, Daniel)
January 27, 2022 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)
January 20, 2022 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)
December 30, 2021 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)
December 30, 2021 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)
December 16, 2021 Opinion or Order 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)
December 15, 2021 Filing 19 Summons Returned Unexecuted as to defendant Frederick D. Franklin. (Pierce, John)
December 15, 2021 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).
December 14, 2021 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).
December 7, 2021 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)
November 30, 2021 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)
November 29, 2021 Filing 14 RESPONSE To Order To Show Cause by Attorney John M. Pierce on behalf of Plaintiff Glenda Sue Gardner.(Pierce, John)
November 12, 2021 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)
November 12, 2021 Filing 12 MOTION to Dismiss by Attorney Timothy K. Dolan on behalf of Defendants Douglas County Attorney's Office, Donald W. Kleine.(Dolan, Timothy)
November 8, 2021 Opinion or Order 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)
August 9, 2021 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)
August 9, 2021 Filing 9 Summons Requested as to Donald Kleine regarding Complaint, #1 . (Pierce, John)
August 9, 2021 Filing 8 Summons Requested as to Frederick D. Franklin regarding Complaint, #1 . (Pierce, John)
August 9, 2021 Filing 7 Summons Requested as to Douglas Kleine regarding Complaint, #1 . (Pierce, John)
July 27, 2021 Filing 6 TEXT ORDER granting Motion for Admission Pro Hac Vice #2 for attorney John M. Pierce. Ordered by Deputy Clerk. (JLS)
July 27, 2021 Opinion or Order 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)
July 27, 2021 Opinion or Order 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)
July 27, 2021 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)
July 26, 2021 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)
July 26, 2021 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 this case: Gardner v. Franklin et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Glenda Sue Gardner
Represented By: John M. Pierce
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: David Gardner
Represented By: John M. Pierce
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Frederick D. Franklin
Represented By: Daniel J. Gutman
Represented By: Patrick S. Cooper
Represented By: Steven R. Hogan, II
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Donald W. Kleine
Represented By: Jimmie L. Pinkham, III
Represented By: Meghan M. Bothe
Represented By: Timothy K. Dolan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Douglas County Attorney's Office
Represented By: Jimmie L. Pinkham, III
Represented By: Meghan M. Bothe
Represented By: Timothy K. Dolan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Does 1 & 2
Represented By: Daniel J. Gutman
Represented By: Patrick S. Cooper
Represented By: Steven R. Hogan, II
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?