Higgins et al v. Dankiw et al
| Elizabeth Higgins and Shawn Simoens |
| Joachim Dankiw, Jeanelle Moore, Andrew Freeman, Mark Haefele, Charles M. Benak, Chief of Police, Jim Suttle, Frank Brown, Jim Vokal, Garry Gernandt, Dan Welch, Franklin Thompson, Chuck Sigerson, Jr., Thomas Warren, Omaha, City of, Omaha Police Department, City Council, The, John and Jane Does 1-14 and John and Jane Does 15-25 |
| 8:2008cv00015 |
| January 11, 2008 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Douglas |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
185
MEMORANDUM AND ORDER - The plaintiffs motion for an award of attorney fees (Filing No. 176 ) is granted. Pursuant to stipulation of all parties, the plaintiffs motion to dismiss (Filing No. 183 ) is granted. Defendants Jeanelle Moore, Andrew Freeman, Mark Haefele, Justin Geyza, Marjorie Dupley, Troyia Prince, Earl (Paul) Stone, Larry Reynard, Charles Benak, Jim Suttle, Frank Brown, Jim Vokal, Garry Gernandt, Dan Welch, Franklin Thompson, Chuck Sigerson, Jr., and Thomas Warren are dismissed.Ordered by Judge Joseph F. Bataillon. A judgment in conformity with this order and the offer and acceptance of judgment will issue this date. Once the judgment is entered, the restrictions imposed in Filing No. 177 are lifted. (MKR)
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Filing
161
ORDER denying 158 Motion to Compel. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
130
ORDER - A telephone conference with the undersigned magistrate judge will be held on June 8, 2010, at 10:00 a.m. Central Standard Time for the purpose of scheduling expert witnesses and scheduling this matter to trial. Plaintiff's counsel shall initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
127
ORDER - A telephone conference with the undersigned magistrate judge will be held on May 5, 2010, at 10:00 a.m. Central Standard Time for the purpose of scheduling expert witnesses and scheduling this matter to trial. Plaintiff's counsel shall initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
124
ORDER granting 123 Motion to Modify the deadline for completion of depositions. Defendants counsel shall file a status report of the criminal proceedings against defendants Dankiw and Haefele on or before January 15, 2010.A telephone conference wi th the undersigned magistrate judge will be heldon March 22, 2010, at 10:00 a.m. Central Standard Time for the purposeof scheduling expert witnesses and scheduling this matter to trial. Plaintiffscounsel shall initiate the call. Status Report due by 1/15/2010. Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
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Filing
122
AMENDED ORDER granting 121 Motion to Amend Order. The Nebraska Department of Correctional Services shall produce copies of Inmate Alexander T. Simoens (DCS Id. #63872) medical records (including records of complaints of injuries or disabilities, r equests for medical services, and medication), mental health, and institutional discipline records to City Attorneys Thomas O. Mumgaard and/or Michelle Peters, Attorneys for the defendants, and to Patrick J. Cullan and/or Joseph P. Cullan, Attorneys for Plaintiffs. The records are to be produced under the following conditions: The parties shall not disseminate, publish, show, or otherwise disclose the content of the information in the produced records to any person committed to the Nebraska Depa rtment of Correctional Services without further order from the Court. The reasonable cost of the copies shall be paid by the City of Omaha for its copy and by the plaintiffs for their copy, directly to the Nebraska Department of Correctional Service s. This order does not encompass any pre-sentence investigation which may be in the inmate file. Requests for copies of such documents must be obtained separately by court order from the court which requested the presentence investigation to be conducted. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
102
ORDER - All Depositions, whether or not they are intended to be used at trial, shall be completed by December 31, 2009; A telephone conference with the undersigned magistrate judge will be held on January 8, 2010 at 10:0 a.m. for the purposes of sche duling this matter to trial. Plaintiff's counsel shall initiate the call. ***Set/Reset All Deadlines: ( Telephone Conference set for 1/8/2010 at 10:00 AM before Magistrate Judge Thomas D. Thalken.) Ordered by Magistrate Judge Thomas D. Thalken. (MKR) b
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Filing
91
ORDER - The Telephone Planning Conference set for 9/17/2009 at 2:00 PM Central Daylight Time before Magistrate Judge Thomas D. Thalken. Plaintiff's counsel shall initiate the telephone conference.Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
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Filing
82
PROTECTIVE ORDER. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
81
ORDER granting 80 Motion to Amend Initial Progression Order. Any motion to amend pleadings and/or add parties shall be filed by the plaintiffs not later than September 11, 2009, and by the defendants not later than October 9, 2009. The parties have to on or before June 12, 2009, to submit a joint protective order. Case Management Deadline set for 10/9/2009. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
70
ORDER denying 54 the defendants' motion to stay discovery and bifurcate trial; granting 61 the plaintiffs' motion to set aside bifurcation; granting in part and denying in part 67 motion to strike evidence. Discovery and trial shall proceed on all claims simultaneously. The parties shall have until March 31, 2009, to file a planning report with the court as required by Fed. R. Civ. P. 26(f). Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
57
MEMORANDUM AND ORDER- The defendants amended motion to dismiss, Filing No. 35 , is denied as moot. The plaintiffs appeal of the magistrate judges order, Filing No. 37 , is sustained as set forth herein. The order of the magistrate judge, Filing No. 34 , is adopted in part and denied in part as set forth herein. The motion to dismiss claims or strike claims from the first amended complaint, Filing No. 45 , is denied. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
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Filing
56
ORDER that the defendants' Motion to Bifurcate and to Stay Discovery is held in abeyance 54 pending the court's resolution of the plaintiffs' appeal 37 . The plaintiff shall have ten (10) business days following the court's resolution of the plaintiffs' appeal 37 to file a response to the defendant's Motion to Bifucate and to Stay Discovery 54 . Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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