Livers v. Schenck et al
Plaintiff: Matthew Livers
Defendant: Earl Schenck, William Lambert, Charles O'Callaghan, Sandra Weyers and County of Cass, Nebraska
Case Number: 8:2008cv00107
Filed: March 11, 2008
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
County: XX US, Outside State
Presiding Judge: Lyle E. Strom
Presiding Judge: Thomas D. Thalken
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
December 10, 2018 Opinion or Order Filing 827 MEMORANDUM AND ORDER - Garnishee St. Paul Fire and Marine Company's motions for summary judgment (Filing No. 819 in Case No. 8:07CV155 and Filing No. 771 in Case No. 8:08CV107) are granted. This court's final orders of garnishment (Filing No. 855 in 8:07cv155 and Filing No. 803 in 8:08cv107) are vacated. The garnishment proceeding in aid of execution is dismissed. The Clerk of Court is directed to close this case. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
January 19, 2017 Opinion or Order Filing 815 ORDER - This matter is before the court on the court's 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 herself from the above-designated case pursuant to 28 U.S.C. § 455(a) and (b)(2). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
November 30, 2016 Opinion or Order Filing 801 MEMORANDUM AND ORDER - Plaintiff Nicholas Sampson's motion for a partial summary judgment on the issue of bad faith (Filing No. 841 in Case No. 8:07cv155) is denied. Plaintiff Matthew Livers's motion for partial summary judgment on the is sue of bad faith (Filing No. 792 in Case No. 8:08cv107) is denied. Plaintiff Nicholas Sampson's motion for attorney fees and expenses (Filing No. 835 in Case No. 8:07cv155) is granted. Attorney fees in the amount of $15,298.50, and cost s in the amount of $739.52, are awarded to plaintiff Sampson from garnishee St. Paul in Case No. 8:07cv155. Plaintiff Matthew Livers's motion for attorney fees (Filing No. 787 in Case No. 8:08cv107) is granted. Attorney fees in the amount of $217,614.50 are awarded to plaintiff Livers and against garnishee St. Paul in Case No. 8:08cv107. Plaintiff Nicholas Sampson's motion for a money judgment and order of garnishment (Filing No. 838 in Case No. 8:07cv155) is granted in p art and denied in part as set forth in this order. Plaintiff Matthew Livers's motion for money judgment and order of garnishment (Filing No. 789 in Case No. 8:08cv107) is granted in part and denied in part as set forth in this order. Within 14 days of the date of this order, the plaintiffs shall submit to the court calculations of each plaintiff's proportionate share of the garnishee's $5,000,000.00 liability, to be prorated between the plaintiffs in proportion to their sha re of the total of the original judgments combined. An order of garnishment directing garnishee St. Paul Fire and Marine Company, also known as The Saint Paul Travelers Companies, Inc., to pay into the court the sum of five-million dollars ($5,0 00,000.00), prorated between the plaintiffs, and judgments for attorney fees and costs in favor of the plaintiffs and against garnishee St. Paul Fire and Marine Company, also known as The Saint Paul Travelers Companies, Inc., will thereafter be entered. Ordered by Senior Judge Joseph F. Bataillon. (KLF)
July 14, 2014 Opinion or Order Filing 743 ORDER AND JUDGMENT OF DISMISSAL granting 742 Motion to Dismiss. The plaintiff's claims against defendants Lambert and O'Callaghan are hereby dismissed, with prejudice, each party to pay his own costs. Ordered by United States District Judge Joseph F. Bataillon. (KMG)
March 31, 2014 Opinion or Order Filing 726 MEMORANDUM AND ORDER - Plaintiff's motion for a final judgment (Filing No. 717 ) is granted. Plaintiff's motion for attorney fees (Filing No. 720 ) is granted. A judgment in accordance with this Memorandum and Order will issue this date. Ordered by Judge Joseph F. Bataillon. (AOA)
November 12, 2013 Opinion or Order Filing 724 ORDER - The plaintiff's claims against defendants Schenck, Weyers and Cass County, Nebraska, are dismissed, with prejudice, each party to pay its own costs. Ordered by Judge Joseph F. Bataillon. (AOA)
October 22, 2013 Opinion or Order Filing 716 ORDER - Default judgment is entered against Mr. Kofoed on all issues of liability. The defendants shall file a brief and any additional evidence on or before October 30, 2013, on the issue of a damages award against Mr. Kofoed. Mr. Kofoed shal l have 10 days following the filing of the defendants' brief to respond to the issue of damages and attorney fees. A judgment on liability and damages will be entered against Mr. Kofoed at a later date. The Clerk of Court is ordered to mail this Order to Mr. Kofoed to both his CM/ECF address and to his last known address. Ordered by Judge Joseph F. Bataillon. (Copies mailed as directed) (AOA)
October 18, 2013 Opinion or Order Filing 713 MEMORANDUM AND ORDER - Defendants William Lambert's and Charles O'Callaghan's Motion in Limine to Exclude or Limit Testimony by Plaintiffs Expert Witnesses (Filing No. 672 ) is denied with respect to Dr. Richard Leo and Dr. Charles R. Honts and granted with respect to Stanley Walters. Defendants William Lambert's and Charles O'Callaghan's Motion in Limine Topics 1 to 5 (Filing No. 675 ) is granted with respect to topics 1, 2, 4, and 5 and denied without prejudice to reassertion at trial with respect to topic 3. Plaintiff's Motion in Limine (Filing No. 677 ) is denied without prejudice to reassertion with respect to items 1, 2, and 3; denied with respect to item 4 and granted with respect to item 5. The Motion in Limine filed by defendants Cass County, Earl Schenck and Sandra Weyers (Filing No. 680 ) is denied. The Motions in Limine filed by defendants Cass County, Earl Schenck and Sandra Weyers (Filing Nos. 683 , 686 ,. 687 , and 690 ) are granted in part and denied in part as set forth in this order. Ordered by Judge Joseph F. Bataillon. (AOA, )
October 8, 2013 Opinion or Order Filing 671 MEMORANDUM AND ORDER - Defendants Lambert's and O'Callaghan's objection to an order of the magistrate judge (Filing No. 617 ) is denied as moot. The plaintiff's motion in limine to exclude references to false allegations of inappropriate touching of minors (Filing No. 627 ) is denied without prejudice to reassertion at trial. The plaintiff's motion in limine to exclude references to a prior ruling of the Cass County District Court on a motion to suppress in S tate v. Sampson, No. CR06-55 (Filing No. 634 ) is granted. Defendants Lambert's and O'Callaghan's objection to the magistrate judge's order denying their motion to refer the case to mediation (Filing No. 657 ) is overruled. Ordered by Judge Joseph F. Bataillon. (AOA)
June 11, 2013 Opinion or Order Filing 538 ORDER - the plaintiff's claims against defendant Douglas County are dismissed, with prejudice, each party to pay its own costs. Ordered by Judge Joseph F. Bataillon. (AOA)
May 13, 2011 Opinion or Order Filing 365 ORDER - IT IS ORDERED: The plaintiff's Motion for Leave to File Amended Complaint (Filing No. 342 ) is denied. William Lambert and Charles O'Callaghan's objection (Filing No. 354 ) is sustained. Tim Dunning and Douglas County' s Motion to Stay Proceedings and Vacate Progression Order (Filing No. 352 ) is granted. William Lambert and Charles O'Callaghan's Motion to Vacate Progression Order and Stay Case Progression (Filing No. 355 ) is granted. Earl Schenck, S andy Weyers, and Cass County, Nebraska's Motion to Vacate Progression Order and Stay Case Progression (Filing No. 357 ) is granted. The February 11, 2011, progression order (Filing No. 338 ) is vacated. The case deadlines including the schedu led pretrial conference and trial are canceled. The plaintiff's deadline to object to this order, pursuant to NECiVR 72.2, as it relates to the motion to amend is stayed. The parties shall have fourteen (14) days from the date the Eighth Circui t Court of Appeals issues a mandate on the defendants' appeals, in which to schedule a telephone planning conference with the court. Counsel for the plaintiff shall contact the chambers of the undersigned magistrate judge within such time period to schedule the telephone planning conference. Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
March 28, 2011 Opinion or Order Filing 340 MEMORANDUM AND ORDER denying Motion for Summary Judgment 278 ; denying Motion for Summary Judgment 280 ; denying Motion for Summary Judgment 283 ; and granting Motion to Strike 327 . IT IS ORDERED: Defendant Tim Dunning's motion for summ ary judgment (Filing No. 278 ) is denied. Defendant William Lambert's and defendant Charles O'Callahan's motion for summary judgment (Filing No. 280 ) is denied. Defendant Earl Schenck's and defendant Sandra Weyers's motion for summary judgment (Filing No. 283 ) is denied. The plaintiff's motion to strike evidence (Filing No. 327 ) is granted. Ordered by Chief Judge Joseph F. Bataillon. (TEL)
September 30, 2010 Opinion or Order Filing 318 ORDER denying without prejudice 315 Motion to Appoint Counsel. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(JAE)
July 13, 2010 Opinion or Order Filing 296 ORDER - THIS MATTER come on for consideration this 12th day of July, 2010. The Court being apprised of the premises orders that David Kofoed be transported by a Douglas County Sheriff from the Community Correction Center-Lincoln at 2027 West Van Dorn , Lincoln NE 68542 to the office of Robert Mullin at Lieben, Whitted, Houghton, Siowiaczek, and Cavanagh, PC, 100 Scoular Building, 2027 Dodge St, Omaha NE 68102 on July 15, 2010 to participate in the deposition of Darnell Kush and returned immediately thereafter.Ordered by Magistrate Judge Thomas D. Thalken. (1 Certified copy to USM and copy to pro se party)(TCL )
April 21, 2010 Opinion or Order Filing 256 ORDER - The Hhearing on the Motions to Withdraw and for Temporary and Permanent Restraining Order (Filing No. 327 in 8:07CV155 and Filing No. 253 in 8:08CV107), is scheduled before the undersigned on April 28, 2010, at 9:00 a.m., Courtroom No. 3, R oman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Counsel may participate telephonically in this hearing by contacting chambers (402/661-7302) at least 24 hours beforehand and informing the court of the phone number where he/she can be reached. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
March 31, 2010 Opinion or Order Filing 237 ORDER granting 226 Motion for Leave to file a Second Amended Complaint. due by 4/8/2010. The plaintiff shall have to on or before April 8, 2010, to file the Second Amended Complaint. Pursuant to NECivR 72.2 any appeal of this Order shall be file d with the Clerk of theCourt within fourteen (14) business days after being served with a copy of this Order.Failure to timely appeal may constitute a waiver of any objection to the Order. The briefin support of any appeal shall be filed at the time of filing such appeal. Failure to file a briefin support of any appeal may be deemed an abandonment of the appeal. Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
February 23, 2010 Opinion or Order Filing 225 ORDER granting 224 Motion to Extend Deadlines; any motions for summary judgment based on qualified immunity shall be filed not later than June 1, 2010. See NECivR 56.1 and 7.0.1. No further extensions of the deadlines will be granted except on a sh owing that after an exercise of due diligence by the parties a manifest injustice would occur if a requested extension were not granted; a telephone planning conference with the undersigned magistrate judge will be held on July 9, 2010, at 11:30 a.m. Central Standard Time; counsel for Mr. Livers shall initiate the conference. Ordered by Magistrate Judge Thomas D. Thalken. (CJP)
October 7, 2009 Opinion or Order Filing 182 ORDER - Mandatory Disclosures described in Fed. R. Civ. P. 26(a)(1) shall be served on or before November 6, 2009. Any motions to dismiss or for summary judgment based on qualified immunity shall be filed not later than February 5, 2010. See NECivR 5 6.1 and 7.1. A telephone planning conference with the undersigned magistrate judge in conjunction with both cases will be held on February 16, 2010, at 11:00 a.m. Central Standard Time. Counsel for Mr. Livers will initiate the conference ( Planning Conference set for 2/16/2010 at 11:00 AM by Telephone before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
September 11, 2009 Opinion or Order Filing 181 ORDER - The Unopposed Motion for Continuance of the Court Scheduled Status Conference 180 is granted. The telephone conference with the undersigned magistrate judge is continued to October 7, 2009, at 11:00 a.m. Central Daylight Time for the purpose of reviewing the preparation of the case to date and scheduling of the case to trial. Plaintiff's counsel shall initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
June 8, 2009 Opinion or Order Filing 168 ORDER denying as moot the defendant's 75 and 78 Motions for Summary Judgment, without prejudice to reassertion. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
June 2, 2009 Opinion or Order Filing 167 ORDER granting 158 the plaintiff's Motion for Leave to File an Amended Complaint Adding Parties. The plaintiff shall have to on or before June 12, 2009, to file the Amended Complaint. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
April 3, 2009 Opinion or Order Filing 152 ORDER denying 138 Motion to Quash. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
February 9, 2009 Opinion or Order Filing 137 ORDER that the plaintiff's Motion for Hearing on Unresolved Objections to His Notice of Intent to Subpoena Documents from the Cass County Attorney 121 is granted; the plaintiff may issue a subpoena to the Cass County Attorney for documents as requested. Ordered by Magistrate Judge Thomas D. Thalken. (CJP)
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Defendant: Earl Schenck
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Defendant: William Lambert
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Defendant: Charles O'Callaghan
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Defendant: Sandra Weyers
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Defendant: County of Cass, Nebraska
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Plaintiff: Matthew Livers
Represented By: Robert W. Mullin
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