Herzog v. O'Niel et al
| 8:2007cv00498 |
| December 31, 2007 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Richard G. Kopf |
| Pro Se Docket |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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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
186
MEMORANDUM AND ORDER denying 184 Motion for Reconsideration. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(ADB, )
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Filing
182
MEMORANDUM AND ORDER - Plaintiffs Motion for Appointment of Counsel (filing no. 180 ) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)
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Filing
179
MEMORANDUM AND ORDER denying 178 Motion for Reconsideration. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAE)
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Filing
172
MEMORANDUM AND ORDER - Defendant Leann Weich's Motion for Summary Judgment (filing no. 125 ) and Defendant Stephen O'Neill's Motion for Summary Judgment (filing no. 127 ) are granted. Plaintiff's claims against Weich and O' ;Neill in their individual capacities are dismissed with prejudice. All other pending motions are denied. A separate judgment will be entered in accordance with this Memorandum and Order. The Clerk of the court is directed to update the court' s records in this matter to reflect the actual names of the remaining Defendants. Defendant Leanne Wiche is actually Leann Weich and Defendant Stephen O'Niel is actually Stephen O'Neill.Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
163
MEMORANDUM AND ORDER - Defendants' Motion for Modification of Progression Order (filing no. 159 ) is granted. The Final Pretrial Conference, scheduled for October 29, 2009 at 9:00 a.m., is cancelled. All other deadlines relating to the preparation of the Order on Final Pretrial Conference are also cancelled. These dates will be rescheduled if necessary after the court resolves the pending Motions for Summary Judgment. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
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Filing
88
MEMORANDUM AND ORDER - Defendants Paul Schaub and Tom Soontug's Motion to Dismiss (filing no. 68 ) is granted. The claims against Schaub and Soontug are dismissed with prejudice. The Clerk of the court is directed to make a notation on the cour t's official record that Defendant Tom Soontug is "a/k/a Thomas Sonntag." Defendant Stephen O'Niel's Motion for Leave to File Answer Out of Time (filing no. 81 ) is granted. Upon receipt of this Memorandum and Order, O' Niel shall file his Answer as a separate document in CM/ECF and shall send a copy of his Answer to Plaintiff. Plaintiff's Motion for Court Settlement as a Whole (filing no. 73 ), Motion for Judgment (filing no. 79 ), Motion for Default Judgm ent (filing no. 85 ), and Motion for Leave to File Response (filing no. 84 ) are denied. Defendant's Motion to Continue (filing no. 86 ) is denied as moot. To the extent the parties wish to conduct discovery and file motions for summary judgment, they should do so only in accordance with the progression order which will be entered separately. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
70
MEMORANDUM AND ORDER regarding pending motions. 1. Plaintiff's Motion Concerning Use of a Cell Phone and Motion for Court Orders Regarding Cell Phone (filing nos. 27 and 63 ) are denied. 2. Plaintiff's Motions for Leave to Amend (filing nos. 36 - 54 and 65 ) are denied. 3. Plaintiffs Motion for Release from Custody (filing no. 28 ), Motion for Summons (filing no. 57), and Motion for Copy of Certificate of Notice Form (filing no. 60 ) are denied. 4. The Clerk of the court is directed to send a copy of the executed summons form for Defendant Leanne Wiche (filing no. 20 ) to Plaintiff. 5. Plaintiff is reminded that his response to the pending Motion to Dismiss (filing no. 68 ) is due on December 24, 2008. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party along with filing 20 .)(JAB)
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Filing
33
MEMORANDUM AND ORDER regarding 29 Motion to Dismiss. Defendant Leanne Wiche's motion to dismiss, or, in the alternative, to strike (filing 29 ) is granted in part and denied in part, as follows: All claims alleged against Defendant Leanne Wi che in her official capacity are dismissed. In all other respects, the motion is denied. On the court's own motion, all named defendants except Leanne Wiche, Paul Schaub, Tom Soontug, and Stephen O'Niel are dismissed from the action. To pro ceed with this action against the defendants Paul Schaub, Tom Soontug, and Stephen O'Niel, Plaintiff must obtain service of process upon them no later than December 5, 2008. If Plaintiff fails to obtain service of process on Paul Schaub, Tom So ontug, or Stephen O'Niel by December 5, 2008, then, without further notice, this action will be dismissed without prejudice as against any unserved defendant. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party along with 3 summons and 3 USM 285 forms.)(LKL)
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