Blair v. Omaha, City of et al
| Steven R. Blair |
| Omaha, City of, Douglas County, Randy Anderson, Kevin Housh, Donald Truckenbrod, Michael Scott, Jason Christensen, Paul Koltz, Patricia Osier, Jeffrey Morgan, Lawrence Reynard, Morgan Larson, James Skinner, Donald Carey, Jane Doe, John Doe, Leigh Ann Retelsdorf, Mike Maloney, Patrick Riskowski, Marc Delman, William Eustice, Patty Dory, Lori Anzaldo, Donald Hamilton, Mary Likes and Gregory Schatz |
| 8:2007cv00295 |
| August 3, 2007 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Douglas |
| Joseph F. Bataillon |
| Pro Se Docket |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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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
438
ORDER to Withdraw Exhibits or Show Cause Why Exhibits Should Not Be Destroyed regarding plaintiff's exhibits from hearing held 3/15/11. Ordered by Senior Judge Joseph F. Bataillon. (copy e-mailed to Timothy Ashford) (ADB)
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Filing
424
ORDER to Withdraw Exhibits or to Show Cause Why Exhibits Should Not be Destroyed. Ordered by Chief Judge Joseph F. Bataillon. (MLF, )
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Filing
417
ORDER granting 416 Stipulation for Dismissal 416 . IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, that the Defendants Kevin Housh, Donald Truckenbrod, Michael Scott, Jason Christensen, City of Omaha, Randy Anderson a/k/a Randy Szemplenski, Paul Koltz, Patricia Osier, Jeffrey Morgan, Lawrence Reynard, Morgan Larson, James Skinner, and Donald Carey are hereby dismissed with prejudice from this action, with each party to pay their own costs. Ordered by Chief Judge Joseph F. Bataillon. (TEL)
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Filing
415
ORDER - On or before April 15, 2011, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to Chief Judge Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order whi ch will fully dispose of the case. If the case is being dismissed, the stipulation shall state whether the dismissal is with or without prejudice. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The trial previously scheduled is cancelled and the pending motions are terminated upon the representation that this case is settled. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
395
MEMORANDUM AND ORDER granting as set forth herein 354 Defendants' Motion in Limine; denying as set forth herein 360 Plaintiff's Motion in Limine; granting in part and denying in part 371 Defendants' Motion in Limine. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
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Filing
359
PROTECTIVE ORDER - Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
325
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting 319 Motion to Extend and 324 Amended Motion to Continue. Jury Trial set for March 21, 2011, at 08:30 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Pretrial Conference set for Febraury 10, 2011, at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
321
ORDER that the plaintiff's Motion for Extension of Time is held in abeyance 319 until September 7, 2010. The plaintiff shall have until September 7, 2010, to supplement the motion to include specific information about the type and length of extension(s) sought. Case Management Deadline set for 9/7/2010. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
307
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF A CASE granting 305 Motion For Extension of Time. Deposition deadline set for 9/1/2010. Final Pretrial Conference set for 11/1/2010 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Jury Trial set for week of 12/6/2010 in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
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Filing
300
ORDER - The defendants' Motion for Continuance 296 is granted. The jury trial is continued from September 20, 2010, and is now set to commence, at the court's call, during the week of November 15, 2010, in Omaha, Nebraska, before the Hon orable Joseph F. Bataillon. Unless otherwise ordered, jury selection shall be at the commencement of trial. The final pretrial conference with the undersigned magistrate judge is rescheduled to October 15, 2010, at 9:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
290
MEMORANDUM AND ORDER - Plaintiff's Motion for Interlocutory Appeal 283 is denied. Plaintiff's Objection to Memorandum and Order 284 construed as a Motion for Reconsideration, is denied. Plaintiff's Motion for Bench Trial 286 is denied. This case will be tried to a jury. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(KBJ)
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Filing
282
MEMORANDUM AND ORDER granting in part and denying in part 235 the City Defendants' Motion for Summary Judgment. Blair's claims against Patricia Osier, Jeffrey Morgan, Lawrence Reynard, Morgan Larson, James Skinner, Donald Carey, City of Omaha, and Randy Szemplenski are dismissed with prejudice. A separate order will be entered progressing this matter to trial. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR, )
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Filing
275
MEMORANDUM AND ORDER - Plaintiff's Motion for Enlargement of Time to Reply to the City Defendants' Reply Brief 271 is denied. The Clerk of the Court is directed to cancel the Final Pretrial Conference in this matter that is currently sch eduled for February 3, 2010, at 1:00 p.m. A separate progression order resetting the date of the Final Pretrial Conference may be entered after the court resolves the pending Motions for Summary Judgment. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(KBJ)
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Filing
272
ORDER. IT IS ORDERED that:(1)The following matter previously scheduled before the undersigned is herewith referred to Judge Zwart, to wit,(A)Nature of hearing:Final pretrial conference.(B)Date and time of hearing: Wednesday, February 3, 2010, at 1:0 0 p.m.(C)Place of hearing: Judge Zwart's chambers, Room 566, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(2)Judge Zwart will issue a report and recommendation or order as is appropriate. Ordered by Judge Richard G. Kopf. (KLL, )
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Filing
263
MEMORANDUM AND ORDER denying 254 Motion to Compel; denying as moot 256 Objection; granting 257 Motion to Extend Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
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Filing
249
MEMORANDUM AND ORDER - Defendant Dory's Motion to Dismiss 170 is granted. Plaintiff's federal claims against Dory are dismissed with prejudice and Plaintiff's state-law claims against Dory are dismissed without prejudice. Defendant Eustice's Motion to Dismiss 172 And Defendant Delman' s Motion to Dismiss 232 are granted. Plaintiff's federal claims against Eustice and Delman are barred under res judicata. Plaintiff's Motion for Default against Eustice [1 79] and Motion for Extension of Time to respond to Delman's Motion to Dismiss 247 are denied as moot. Plaintiff's Motion for Extension of Time to respond to Defendant Riskowski's Motion to Dismiss 195 is granted and Plaintiff' ;s Objection to Riskowski's Motion 209 is deemed timely filed. Defendant Riskowski's Motion to Dismiss 174 is granted. Plaintiff's federal claims against Riskowski are dismissed without prejudice for failure to state a claim upon which relief may be granted. Plaintiff's state-law claims against Riskowski are also dismissed without prejudice. Plaintiff's Objection to Riskowski's Motion to Dismiss 209 is denied. The City Defendants' Motion for Protective Order 239 is granted in part. Any further discovery in this matter shall be limited to the issue of qualified immunity only. Plaintiff's requests to extend the Progression Order deadlines 177 , 220 , 245 , and 243 are granted. However, this extension will be limited by the City Defendants' Protection Order, and no further extensions of the ProgressionOrder will be granted. The deadlines are set out in this order. The Final Pretrial Conference will be held before the Supervis ing Pro Se Judge on February 3, 2010, at 1:00 p.m. The trial date will be set by the Supervising Pro Se Judge at the time of the Final Pretrial Conference. The Clerk of the court is directed to set a pro se case management deadline in this case usi ng the following text: Pretrial conference before Supervising Pro Se Judge Kopf to be held on February 3, 2010. Judge Retelsdorf's Motion to Quash and for Protection Order 225 is granted in part and denied in part. Plaintiff's subpoena upon Judge Retelsdorf is quashed. Plaintiff's Objection to Judge Retelsdorf's Motion 230 is denied. Kleine's Objection to Plaintiffs Intent to Subpoena 205 is denied without prejudice to reassertion. Conrey and Schmidt's Uno pposed Motion to Continue Depositions 226 is granted. Plaintiff's Request for Hearing 248 and Motion to Reconsider 171 are denied. Plaintiff's Motion to Amend 183 is denied. Jensen, Dornan and Kleine's Motion to Strike 212 is denied. Plaintiff's Objection to Jensen, Dornan and Kleine's Motion to Strike 217 is denied as moot. Plaintiff's Motion to Take Judicial Notice 194 is denied without prejudice to reassertion. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE)
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Filing
176
MEMORANDUM AND ORDER - Defendants Motion to Bifurcate and Stay (filing no. 145 ) is denied. Plaintiffs Objection to Motion to Bifurcate and Stay (filing no. 155 ) is granted. Defendants Objection to Plaintiffs Request for Subpoenas (filing no. [130 ]) is denied as moot. No subpoenas shall be issued by the Clerk of the court at this time. Defendants Motion to Extend Time to Respond (filing no. 139 ) is granted. Plaintiffs Objection to Motion to Extend (filing no. 144 ) is denied. A separate progression order will be entered progressing this matter to final disposition. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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Filing
169
MEMORANDUM AND ORDER - Defendants Douglas County, Leigh Ann Retelsdorf, and Mike Maloneys Motion to Dismiss (filing no. 89 ) is granted. The claims against Douglas County are dismissed without prejudice. The claims against Retelsdorf and Maloney are dismissed with prejudice. Plaintiffs Objection to Motion to Dismiss (filing no. 105 ) is denied. Plaintiffs Motions to Compel Further Answers (filing nos. 164 and 165 ) are denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (MKR)
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Filing
167
MEMORANDUM AND ORDER -Defendant Gregory Schatz Motion to Dismiss (filing no. 41 ) and Defendant Mary Likess Motion to Dismiss (filing no. 142 ) are granted. The claims against Schatz and Likes are dismissed with prejudice. Defendant Jon Brunings Mo tion to Dismiss (filing no. 60 ) is granted. The claims against Bruning are dismissed without prejudice. Plaintiffs Motion to Dismiss Unserved Parties (filing no. 131 ) is granted. The claims against Defendants Donald Hamilton, Jane Doe, John Doe, and Paul Koltz are dismissed without prejudice. Plaintiffs Motion to Extend Time for Service of Process (filing no. 119 ) is denied as moot. Plaintiffs Motion to Amend Complaint (filing no. 156 ) is denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (MKR)
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Filing
110
MEMORANDUM AND ORDER - Plaintiffs Motions for Subpoenas (filing nos. 43 , 44 , 94 , and 95 ) are granted to the extent that the Motions are construed as Notices in accordance with NECivR 45.1(a). Plaintiffs Motion to Expedite (filing no. 45) is d enied as moot. Defendants shall have until January 9, 2009 to object to the issuance of the subpoenas requested in Filing Nos. 43 , 44 , 94 , and 95 , or to otherwise respond. If no objections are filed, the court will direct the Clerk of the cou rt to issue the requested subpoenas in accordance with Federal Rule of Civil Procedure 45. Plaintiffs Motion for Assistance From U.S. Marshal (filing no. 99 ) and Motion to Expedite (filing no. 100 ) are denied. Plaintiffs Objection to Notice of Ap pearance (filing no. 56 ) is denied. Plaintiffs Motion to Add Parties (filing no. 55 ) is granted. Plaintiff is granted leave to add parties William Gallup and Gallup & Schaefer Law Firm and Plaintiff shall submit a second amended complaint setting forth the allegations against these two additional parties. However, Plaintiff shall not amend his claims in any other way, and the court does not grant leave for any other amendments. Defendant Jon Brunings Motion to Strike (filing no. 98 ) is gra nted. Defendant Bruning is relieved from any obligation to respond to the November 14, 2008 summons (filing no. 92 ). The Clerk of the court is directed to set a pro se case managementdeadline in this case with the following text: January 9, 2009: check for objections to subpoenas and issue if none filed. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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