Stark v. City of Omaha, Nebraska et al
| Jack A. Stark |
| City of Omaha, Nebraska, Todd Schmaderer, Nicolas Yanez, Willie J. Miller, Douglas H. Anders and John or Jane 1-5 Does |
| 4:2023cv03242 |
| December 13, 2023 |
| US District Court for the District of Nebraska |
| Susan M Bazis |
| John M Gerrard |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #23 by Attorney Ryan J. Wiesen on behalf of Defendants City of Omaha, Nebraska, Todd Schmaderer, Nicolas Yanez.(Wiesen, Ryan) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Ryan J. Wiesen on behalf of Defendants City of Omaha, Nebraska, Todd Schmaderer, Nicolas Yanez.(Wiesen, Ryan) |
Filing 22
ORDER - Defendant Willie Miller's motion to set aside entry of default (filing #19 ) is granted. The Clerk's Entry of Default (filing #17 ) is set aside. Miller's motion for extension of time to file a responsive pleading (filing #21 ) is granted. Miller shall answer or otherwise respond to the complaint on or before February 16, 2024. Ordered by Senior Judge John M. Gerrard. (MKR)
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| Filing 21 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Adam J. Sipple on behalf of Defaulted Defendant Willie J. Miller.(Sipple, Adam) |
| Filing 20 INDEX in support of Motion to Set Aside Clerk's Default by Attorney Adam J. Sipple on behalf of Defaulted Defendant Willie J. Miller. (Attachments: #1 Affidavit Willie Miller)(Sipple, Adam) |
| Filing 19 UNOPPOSED MOTION to Set Aside Default by Attorney Adam J. Sipple on behalf of Defaulted Defendant Willie J. Miller.(Sipple, Adam) |
| Filing 18 NOTICE of Appearance by Attorney Adam J. Sipple on behalf of Defaulted Defendant Willie J. Miller (Sipple, Adam) |
| Filing 17 CLERK'S ENTRY OF DEFAULT against Defendant Willie J. Miller. Ordered by Deputy Clerk. (Copies mailed to defendant)(MKR) |
| Filing 16 INDEX in support of MOTION for Clerks Entry of Default against Willie J. Miller #15 by Attorney Justin W. Pritchett on behalf of Plaintiff Jack A. Stark. (Attachments: #1 Exhibit 1)(Pritchett, Justin) |
| Filing 15 MOTION for Clerks Entry of Default against Willie J. Miller by Attorney Justin W. Pritchett on behalf of Plaintiff Jack A. Stark.(Pritchett, Justin) |
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Filing 14
TEXT ORDER granting #13 Motion for Extension of Time to File a Responsive Pleading. Defendants shall answer or otherwise respond to the Complaint by February 5, 2024. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 13 MOTION for Extension of Time to File a Responsive Pleading by Attorney Ryan J. Wiesen on behalf of Defendants City of Omaha, Nebraska, Todd Schmaderer, Nicolas Yanez.(Wiesen, Ryan) |
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Filing 12
ORDER regarding Complaint, #1 filed by Jack A. Stark. Pursuant to 28 U.S.C. 2403(b) and Fed. R. Civ. P. 5.1(b), the Court hereby notifies the Attorney General of the State of Nebraska that the plaintiff in this matter has challenged the constitutionality of Neb. Rev. Stat. 28-919. The Clerk of the Court shall serve a copy of the plaintiff's complaint (filing #1 ), a copy of the plaintiff's Notice of Claim of Unconstitutionality (filing #11 ), and a copy of this order on the Attorney General of the State of Nebraska by certified mail, return receipt requested, and shall file proof of service on the record. The State of Nebraska shall have 60 days from the date of this order to intervene pursuant to Rule 5.1(c). ***Set/Reset All Deadlines: ( Case Management Deadline set for 2/20/2024: Check for intervention by Nebraska Attorney General.) Ordered by Senior Judge John M. Gerrard. (Copy mailed as directed with filings #1 and #11 )(JAB)
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| Filing 11 NOTICE of Claim of Unconstitutionality by Attorney Justin W. Pritchett on behalf of Plaintiff Jack A. Stark (Pritchett, Justin) |
| Filing 10 SUMMONS Returned Executed upon defendant City of Omaha, Nebraska on 12/15/2023; Willie J. Miller on 12/18/2023; Todd Schmaderer on 12/15/2023; Nicolas Yanez on 12/15/2023. (Pritchett, Justin) |
| Filing 9 SUMMONS Returned Executed upon defendant Douglas H. Anders on 12/18/2023. (Pritchett, Justin) |
| Filing 8 Summons Issued as to defendants Douglas H. Anders, City of Omaha, Nebraska, Willie J. Miller, Todd Schmaderer, Nicolas Yanez. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JES) |
| Filing 7 Summons Requested as to Willie Miller regarding Complaint, #1 . (Pritchett, Justin) |
| Filing 6 Summons Requested as to Nicolas Yanez regarding Complaint, #1 . (Pritchett, Justin) |
| Filing 5 Summons Requested as to Omaha Police Chief Todd Schmaderer regarding Complaint, #1 . (Pritchett, Justin) |
| Filing 4 Summons Requested as to City of Omaha regarding Complaint, #1 . (Pritchett, Justin) |
| Filing 3 Summons Requested as to Douglas H. Anders regarding Complaint, #1 . (Pritchett, Justin) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge John M. Gerrard and Magistrate Judge Susan M. Bazis 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. (JES) |
| Filing 1 COMPLAINT with jury demand against Douglas H. Anders, City of Omaha, Nebraska, Jane/John Doe #1, Jane/John Doe #2, Jane/John Doe #3, Jane/John Doe #4, Jane/John Doe #5, Willie J Miller, Todd Schmaderer, Nicolas Yanez ( Filing fee $ 405, receipt number ANEDC-4993750), by Attorney Justin W. Pritchett on behalf of Jack A Stark(Pritchett, Justin) |
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