Livers v. Schenck et al
Plaintiff: Matthew Livers
Defendant: Earl Schenck, William Lambert, Charles O'Callaghan, Sandra Weyers, Cass, County of, David Kofoed, Tim Dunning and County of Douglas, Nebraska
Garnishee: St. Paul Fire and Marine Insurance Company and The Saint Paul Travelers Companies, Inc.
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: Joseph F Bataillon
Referring Judge: Michael D Nelson
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2019 Remark - Public: Pro Se filing access for David Kofoed removed on 5/7/2019. Case is closed and appeal time ended. (KMG)
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)
October 31, 2018 Filing 826 MANDATE from USCA - 8th Circuit (17-1117) In accordance with the opinion and judgment of 09/11/2018, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matters. (LKO)
October 24, 2018 Filing 825 COPY of Order from USCA - 8th Circuit (17-1117) The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. Judge Stras did not participate in the consideration or decision of this matter. (LKO)
September 11, 2018 Filing 824 JUDGMENT from USCA - 8th Circuit (17-1117) These appeals from the United States District Court were submitted on the record of the district court, briefs of the parties and were argued by counsel. After consideration, it is hereby ordered and adjudged that the judgment of the district court in these causes are reversed and the causes are remanded to the district court for proceedings consistent with the opinion of this court. (LKO)
September 11, 2018 Filing 823 COPY of Opinion of USCA - 8th Circuit (17-1117) regarding Notice of Appeal to USCA #806 . (Attachments: #1 Counsel Opinion Letter, #2 Letter to Publishing) (LKO)
July 3, 2018 Opinion or Order Filing 822 TEXT ORDER granting #820 Motion to Withdraw as Attorney. Jean M. Golden's appearance as counsel for the garnishee, St. Paul Fire and Marine Insurance Company, is terminated. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
July 3, 2018 Opinion or Order Filing 821 REASSIGNMENT ORDER - This case was previously assigned to retired Magistrate Judge F.A. Gossett. Accordingly, IT IS ORDERED that this case is reassigned to Magistrate Judge Michael D. Nelson for judicial supervision and remains assigned to Senior District Judge Joseph F. Bataillon for disposition. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
June 26, 2018 Filing 820 MOTION to Withdraw as Attorney by Attorney Jean M. Golden on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Golden, Jean)
May 31, 2017 Filing 819 Copy of Letter by Clerk of USCA - 8th Circuit (17-1106 and 17-1117) regarding Notice of Appeal to USCA #804 and Notice of Appeal to USCA #806 . (KLF)
January 23, 2017 Opinion or Order Filing 818 ORDER - IT IS ORDERED: The Unopposed Motions to Stay Execution of Judgment filed by the Garnishee, St. Paul Fire & Marine Insurance Company (Filing No. 864 in Sampson and Filing No. 809 in Livers) are granted. Execution on or enforcement of the judgments entered on December 30, 2016 (Filing No. 855 in Sampson and Filing No. 809 in Livers) are stayed pending resolution of St. Paul's appeal. If the judgments are affirmed, St. Paul will be ordered to pay the judgment within 30 days after the appeal process becomes final. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
January 20, 2017 Opinion or Order Filing 817 TEXT ORDER granting #810 Motion to Strike. The Clerk of Court shall strike the Motion to Stay Execution of Judgment found at Filing No. #808 as it was filed in error. Ordered by Magistrate Judge F.A. Gossett. (SMN)
January 19, 2017 Opinion or Order Filing 816 REASSIGNMENT ORDER - Pursuant to the Order of Recusal of Magistrate Judge Susan M. Bazis, Filing No. 870 in case 8:07CV155 and Filing No. 815 in case 8:08CV107, IT IS ORDERED that this case is reassigned to Magistrate Judge F.A. Gossett, III, for judicial supervision and processing and remains assigned to the undersigned for disposition. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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)
January 18, 2017 Filing 814 SCHEDULING LETTER from USCA - 8th Circuit (17-1106 and 17-1117) as to Notice of Appeal to USCA #804 and Notice of Appeal to USCA #806 . (KLF)
January 18, 2017 Opinion or Order Filing 813 REASSIGNMENT ORDER - Following Magistrate Judge Thomas D. Thalken's retirement on December 31, 2016, IT IS ORDERED that this case is reassigned to Magistrate Judge Susan M. Bazis for judicial supervision and processing and remains assigned to the undersigned for disposition. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
January 18, 2017 Filing 812 Letter by Clerk of USCA for the 8th Circuit (17-1117) regarding Notice of Appeal to USCA #806 . (LAC) Modified on 1/18/2017 to include 8th Cirucit case number (LAC, ).
January 17, 2017 Filing 811 Letter by Clerk of USCA for the 8th Circuit (17-1106) regarding Notice of Appeal to USCA #804 . (KLF) Modified on 1/18/2017 to correct notice of appeal to USCA file number (KLF).
January 17, 2017 Filing 810 MOTION to Strike MOTION to Stay Execution of Judgment #808 by Attorney Jean M. Golden on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Golden, Jean)
January 17, 2017 Filing 809 AMENDED MOTION to Stay Execution of Judgment (UNOPPOSED) by Attorney Jean M. Golden on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Golden, Jean)
January 17, 2017 Filing 808 MOTION to Stay Execution of Judgment by Attorney Jean M. Golden on behalf of Garnishee St. Paul Fire and Marine Insurance Company. (Attachments: #1 Exhibit A)(Golden, Jean)
January 11, 2017 Filing 807 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA #806 and Final Order Of Garnishment #803 . Notice of Appeal filed on 01/11/2017 by Plaintiff Matthew Livers. (KLF)
January 11, 2017 Filing 806 NOTICE OF APPEAL regarding Order,,,,,, #803 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers. Filing fee $ 505, receipt number 0867-3364455. (Mullin, Robert)
January 3, 2017 Filing 805 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA #804 , Memorandum and Order #801 , and Final Order of Garnishment #803 . Notice of Appeal filed on 12/30/2016 by Garnishee St. Paul Fire and Marine Insurance Company. (KLF)
December 30, 2016 Filing 804 NOTICE OF APPEAL regarding Order on Motion for Attorney Fees,,,,,,,,, Order on Motion for Judgment,,,,,,,,, Order on Motion for Partial Summary Judgment,,,,,,,, #801 , Order,,,,,, #803 by Attorney Jean M. Golden on behalf of Garnishee St. Paul Fire and Marine Insurance Company. Filing fee $ 505, receipt number 0867-3357238. (Golden, Jean)
December 30, 2016 Opinion or Order Filing 803 *VACATED* FINAL ORDER OF GARNISHMENT: This matter is before the Court on the plaintiffs' calculations of each plaintiff's pro-rata share of the garnishee liability of St. Paul Fire and Marine Company a/k/a/ The Saint Paul Travelers Companies, Inc. ("St. Paul" or "garnishee"), Filing No. 854 in Sampson v. Schenk, No. 8:07cv155 ("Sampson") and Filing No. 802 in Livers v. Schenk, No. 8:08cv107 ("Livers"). There has been no response to the motion. The plaintiffs have unsatisfied judgments against David Kofoed (Sampson, Filing No. 783; Livers, Filing No. 727). The matter has been heard on plaintiffs' motions for money judgments and orders of garnishment (Sampson, Filing No. 838; Livers, Filing No. 789). The Court has determined that garnishee St. Paul is in possession of property of the judgment debtor in that a St. Paul policy provides coverage for Kofoed's acts (Sampson, Filing No. 853; Livers, Filing No. 801). Pursuant to the Memorandum and Order dated November 30, 2016, Filing No. 853 in Sampson and Filing No. 801 in Livers, IT IS ORDERED that garnishee St. Paul Fire and Marine Insurance Company, also known as The Saint Paul Travelers Companies, Inc., shall pay into the court the sum of $5,000,000.00 to be paid to the plaintiffs as follows: $1,643,500.00 to plaintiff Nicholas Sampson and $3,356,500.00 to plaintiff Matthew Livers. Ordered by Senior Judge Joseph F. Bataillon. (E-mailed to Financial Specialist) (ADB) Modified on 12/11/2018 to vacate per order #827 (LKO).
December 9, 2016 Filing 802 NOTICE of regarding Order on Motion for Attorney Fees,,,,,,,,, Order on Motion for Judgment,,,,,,,,, Order on Motion for Partial Summary Judgment,,,,,,,, #801 Calculation of Proportionate Share of Policy Limits by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
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 issue 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 costs 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 part 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 share 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 ($5,000,000.00), 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 1, 2016 Filing 800 REPLY BRIEF in support of MOTION for Partial Summary Judgment #792 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
July 1, 2016 Filing 799 REPLY BRIEF in support of Livers' Motion for Money Judgment and Order of Garnishment and Livers' Application for Attorney's Fees by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
June 17, 2016 Filing 798 RESPONSE regarding MOTION for Attorney Fees #787 by Attorney James A. Snowden on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Snowden, James)
June 17, 2016 Filing 797 BRIEF in opposition to MOTION for Judgment #789 by Attorney James A. Snowden on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Snowden, James)
June 17, 2016 Filing 796 BRIEF in opposition to MOTION for Partial Summary Judgment #792 by Attorney James A. Snowden on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Snowden, James)
May 20, 2016 Opinion or Order Filing 795 TEXT ORDER granting #794 Garnishee's Unopposed Motion for Enlargement of Time. Garnishee St. Paul Fire and Marine Insurance Company shall have an extension of time until June 17, 2016, to file its briefs and evidence in opposition to plaintiff's: Motion for Money Judgment and for Order on Garnishment #789 , Motion for Attorney Fees #787 , and Motion for Partial Summary Judgment #792 . Ordered by Magistrate Judge Thomas D. Thalken. (ZWA)
May 20, 2016 Filing 794 UNOPPOSED MOTION to Extend by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Carlson, Krista)
May 9, 2016 Filing 793 BRIEF in support of MOTION for Partial Summary Judgment #792 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
May 9, 2016 Filing 792 MOTION for Partial Summary Judgment by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
May 2, 2016 Filing 791 NOTICE of Intent to File Motion for Partial Summary Judgment by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
May 2, 2016 Filing 790 BRIEF in support of MOTION for Judgment #789 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
May 2, 2016 Filing 789 MOTION for Judgment by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
May 2, 2016 Filing 788 BRIEF in support of MOTION for Attorney Fees #787 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
May 2, 2016 Filing 787 MOTION for Attorney Fees by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
April 18, 2016 Opinion or Order Filing 786 ORDER - On or before May 2, 2016, the plaintiffs shall file any motions for garnishment and any applications for attorney's fees. The garnishee shall have to on or before June 1, 2016, to file responses to the motions and applications filed. The plaintiffs shall have to on or before June 15, 2016, to file any reply. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
April 11, 2016 Opinion or Order Filing 785 TEXT ORDER granting #784 the plaintiff's Motion for Enlargement of Time to File Fee Application. The court will schedule a deadline for the application during the upcoming telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
April 11, 2016 Filing 784 MOTION to Extend Time to File Fee Application by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
April 5, 2016 Filing 783 NOTICE of regarding Order Setting Setting Hearing or Trial, 782 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
April 5, 2016 Opinion or Order Filing 782 TEXT ORDER SETTING HEARING: The court will hold a telephone conference on April 14, 2016, at 2:00 p.m. for the purpose of reviewing the preparation of the case to date and scheduling the case to trial. Counsel for Nicholas Sampson shall initiate the conference with the undersigned magistrate judge and participating counsel and pro se parties. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
March 30, 2016 Opinion or Order Filing 781 MEMORANDUM AND ORDER - IT IS ORDERED that Plaintiff Nicholas Sampson's motion for partial summary judgment in Case No. 8:07CV155 (Filing No. 814) is granted. Garnishee St. Paul Fire and Marine Company also known as The Saint Paul Travelers Companies, Inc.'s, motion for summary judgment in Case No. 8:07CV155 (Filing No. 819) is denied. Plaintiff Matthew Livers's motion for partial summary judgment in Case No. 8:08CV107 (Filing No. 767) is granted. Garnishee St. Paul Fire and Marine Company's also known as The Saint Paul Travelers Companies, Inc.'s, motion for summary judgment in Case No. 8:08CV107 (Filing No. 771) is denied. This matter is referred to the magistrate judge for further progression. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
September 18, 2015 Filing 780 BRIEF in support of MOTION for Summary Judgment #771 by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Carlson, Krista)
September 3, 2015 Opinion or Order Filing 779 TEXT ORDER granting #778 the garnishee's Unopposed Motion for Enlargement of Time. The garnishee shall have until September 18, 2015, to file a reply in support of its motion for summary judgment #771 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
September 2, 2015 Filing 778 UNOPPOSED MOTION to Extend by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Carlson, Krista)
August 24, 2015 Filing 777 BRIEF MOTION for Summary Judgment #771 , MOTION for Partial Summary Judgment #767 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers. (Attachments: #1 Affidavit of Robert W. Mullin, #2 Exhibit A - Notice of Intent to Request Discovery from Non-Party, #3 Exhibit B -Subpoena, #4 Exhibit C - 12-24-2014 letter)(Mullin, Robert)
August 13, 2015 Opinion or Order Filing 776 TEXT ORDER - In accordance with the July 2, 2015, and August 13, 2015, orders, the garnishee shall have until September 8, 2015, to file a reply in support of its motion for summary judgment #771 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
August 13, 2015 Opinion or Order Filing 775 TEXT ORDER granting #774 the plaintiff's Unopposed Motion for Enlargement of Time. The plaintiff shall have until August 24, 2015, to complete his briefing, as requested. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
August 12, 2015 Filing 774 UNOPPOSED MOTION enlargement of time by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
July 27, 2015 Filing 773 INDEX in support of MOTION for Summary Judgment #771 and in opposition to Plaintiff's Motion for Partial Summary Judgment by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carlson, Krista)
July 27, 2015 Filing 772 BRIEF in support of MOTION for Summary Judgment #771 and Response to Plaintiff's Motion for Partial Summary Judgment by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Carlson, Krista)
July 27, 2015 Filing 771 MOTION for Summary Judgment by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Carlson, Krista)
July 2, 2015 Opinion or Order Filing 770 ORDER granting (817) Motion to Extend in case 8:07-cv-00155-JFB-TDT; granting (769) Motion to Extend in case 8:08-cv-00107-JFB-TDT. The following deadlines shall apply in these cases: The garnishee shall file any cross-motion for disposition of this matter and respond to the plaintiffs motion on or before July 27, 2015. The plaintiffs shall file any response to the garnishees cross-motion and reply to the garnishees response on or before August 17, 2015. The garnishee shall have to August 31, 2015, in which to reply. Following the submission of the above items, should there be a necessity for a hearing or trial pursuant to Neb. Rev. Stat. 25-1030.02, the court will conduct a telephone conference to schedule such proceedings. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
July 1, 2015 Filing 769 UNOPPOSED MOTION to Extend by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Carlson, Krista)
June 10, 2015 Filing 768 BRIEF in support of MOTION for Partial Summary Judgment #767 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers. (Attachments: #1 Affidavit Robert W. Mullin, #2 Exhibit A, Insurance Policy, #3 Exhibit B, 5-10-2010 Ltr, #4 Exhibit C, 5-13-2010 Ltr)(Mullin, Robert)
June 10, 2015 Filing 767 MOTION for Partial Summary Judgment by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
June 2, 2015 Opinion or Order Filing 766 ORDER granting the plaintiffs' (812) Motion Enlargement of Time in case 8:07-cv-00155-JFB-TDT and (765) Motion to Extend in case 8:08-cv-00107-JFB-TDT. The plaintiffs shall file any dispositive motion on or before June 10, 2015. The garnishee shall file any cross-motion for disposition of this matter and respond to the plaintiffs motion on or before July 8, 2015. The plaintiffs shall file any response to the garnishees cross-motion and reply to the garnishees response on or before July 27, 2015. The garnishee shall have to August 10, 2015, in which to reply. Following the submission of the above items, should there be a necessity for a hearing or trial pursuant to Neb. Rev. Stat. 25-1030.02, the court will conduct a telephone conference to schedule such proceedings. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
June 1, 2015 Filing 765 MOTION to Extend Order,,, #757 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
April 20, 2015 Filing 764 Certificate of Mailing Garnishee, St. Paul Fire and Marine Insurance Company's Responses to Plaintiff's Requests for Admissions by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Carlson, Krista)
April 7, 2015 Filing 763 Certificate of Mailing of Plaintiff's Requests for Admission to Garnishee by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
March 25, 2015 Filing 762 NOTICE of Certificate of Mailing of Responses to Garnishee's Requests for Admission by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
March 6, 2015 Filing 761 Certificate of Mailing by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Carlson, Krista)
February 9, 2015 Filing 760 Certificate of Mailing of Plaintiff's Second Supplemental Responses to Garnishee's Requests for Production of Documents by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
February 5, 2015 Filing 759 Certificate of Mailing of Plaintiff's Supplemental Responses to Garnishee's Requests for Production of Documents to Plaintiff by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
January 30, 2015 Filing 758 Certificate of Mailing of Plaintiff's Responses to Garnishee's Requests for Production of Documents by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
January 20, 2015 Opinion or Order Filing 757 ORDER- The remaining issues in these actions involve common questions of law and fact, these matters are consolidated for hearing or trial of any or all matters in issue pursuant to Fed. R. Civ. P. 42(a). The following deadlines shall apply in these cases: The plaintiffs shall file any dispositive motion on or before June 2, 2015. The garnishee shall file any cross-motion for disposition of this matter and respond to the plaintiffs' motion on or before June 30, 2015. The plaintiffs shall file any response to the garnishees cross-motion and reply to the garnishees response on or before July 17, 2015. The garnishee shall have to July 31, 2015, in which to reply. Following the submission of the above items, should there be a necessity for a hearing or trial pursuant to Neb. Rev. Stat. 25-1030.02, the court will conduct a telephone conference to schedule such proceedings. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
January 8, 2015 Filing 756 Certificate of Mailing by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Carlson, Krista)
January 6, 2015 Filing 755 NOTICE of Appearance by Attorney James A. Snowden on behalf of Garnishee St. Paul Fire and Marine Insurance Company (Snowden, James)
December 5, 2014 Filing 754 APPLICATION/ORDER admitting pro hac vice Attorney John David Hackett for Garnishee St. Paul Fire and Marine Insurance Company. Ordered by Deputy Clerk. (GJG)
December 5, 2014 Filing 753 APPLICATION/ORDER admitting pro hac vice Attorney Jean M. Golden for Garnishee St. Paul Fire and Marine Insurance Company. Ordered by Deputy Clerk. (GJG)
December 2, 2014 Filing 752 Certificate of Mailing Garnishee, St. Paul Fire and Marine Insurance Company's Requests for Production of Documents to Plaintiff by Attorney Krista M. Carlson on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Carlson, Krista)
December 1, 2014 Filing 751 Certificate of Mailing Garnishee, St. Paul Fire and Marine Insurance Company's Mandatory Disclosures by Attorney Stephen L. Ahl on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Ahl, Stephen)
December 1, 2014 Filing 750 DISCLOSURE by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
November 20, 2014 Filing 749 NOTICE of Service of Discovery by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
November 6, 2014 Filing 748 NOTICE of Service of Discovery by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
October 24, 2014 Opinion or Order Filing 747 ORDER FOR INITIAL PROGRESSION GARNISHEE PROCEEDINGS - Counsel for plaintiff shall initiate the planning conference call to the court at 10:00 a.m. on 1/16/2015. Counsel shall notify the undersigned magistrate judge by joint or separate letters by 12/19/2014 addressing mediation requirements.( Planning Conference set for 1/16/2015 at 10:00 AM by Telephone before Magistrate Judge Thomas D. Thalken.). The Clerk of Court shall terminate the plaintiff's Application to Determine Garnishee Liability (Filing No. #737 ) as a motion. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
October 20, 2014 Filing 746 REPORT of Rule 26(f) Planning Meeting by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
October 1, 2014 Opinion or Order Filing 745 TEXT ORDER SETTING HEARING. The court will hold a telephone conference on October 9, 2014, at 10:30 a.m. to discuss scheduling related to the garnishment matter. Plaintiff's counsel shall initiate the conference with the undersigned magistrate judge and participating counsel. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
July 14, 2014 Filing 744 REPLY BRIEF in support of MOTION Application to Determine Garnishee Liability #737 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
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)
July 11, 2014 Filing 742 MOTION to Dismiss All Claims Against The State of Nebraska Defendants with Prejudice by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
July 3, 2014 Filing 741 INDEX in support of Brief #740 by Attorney Stephen L. Ahl on behalf of Garnishee St. Paul Fire and Marine Insurance Company. (Attachments: #1 Exhibit)(Ahl, Stephen)
July 3, 2014 Filing 740 BRIEF in opposition to MOTION Application to Determine Garnishee Liability #737 by Attorney Stephen L. Ahl on behalf of Garnishee St. Paul Fire and Marine Insurance Company.(Ahl, Stephen)
June 19, 2014 Filing 739 INDEX in support of MOTION Application to Determine Garnishee Liability #737 , Brief #738 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers. (Attachments: #1 Affidavit of Counsel in Support of Application, #2 Exhibit Insurance Policy, #3 Exhibit Insurance Policy Excerpts, #4 Exhibit 5-10-2010 Letter, #5 Exhibit 5-11-2010 Letter, #6 Exhibit 5-13-2010 Letter)(Mullin, Robert)
June 19, 2014 Filing 738 BRIEF in support of MOTION Application to Determine Garnishee Liability #737 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
June 19, 2014 Filing 737 MOTION Application to Determine Garnishee Liability by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
June 9, 2014 Filing 736 NOTICE regarding Summons Issued #730 Proof of Mailing to St. Paul Fire and Marine Ins Company aka The Saint Paul Travelers Companies, Inc., c/o Steve Glante, 215 Shuman Blvd., #201, Naperville, IL 68563 by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
June 4, 2014 Filing 735 NOTICE regarding Summons Issued #730 Proof of Mailing to St. Paul Fire and Marine Ins. Company aka The Saint Paul Travelers Companies, Inc. by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
June 4, 2014 Filing 734 NOTICE regarding Summons Issued #730 Proof of Mailing to St. Paul Fire and Marine Insurance Company, aka The Saint Paul Travelers Companies, Inc., 9410 O St., Lincoln, NE by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
June 4, 2014 Filing 733 NOTICE regarding Summons Issued #730 Proof of Mailing for David Kofoed by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
May 30, 2014 Filing 732 St. Paul Fire and Marine Insurance Company's ANSWER to Writ of Garnishment by Attorney Stephen L. Ahl on behalf of Garnishee St. Paul Fire and Marine Insurance Company. (Ahl, Stephen)
May 27, 2014 Filing 731 NOTICE regarding Summons Issued #730 Proof of Mailing on Registered Agent for St. Paul by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
May 20, 2014 Filing 730 Summons and Order of Garnishment, with attachments, issued to Garnishee St. Paul Fire and Marine Insurance Company. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (AOA)
May 19, 2014 Filing 729 Summons Requested as to St. Paul Fire and Marine Insurance Company, aka The Saint Paul Travelers Companies, Inc. regarding Affidavit and Praecipe for Summons in Garnishment #728 . (Attachments: #1 Exhibit Notice to Judgment Debtor)(Krause, Brittney)
May 19, 2014 Filing 728 AFFIDAVIT AND PRAECIPE for Summons in Garnishment as to garnishee St. Paul Fire and Marine Insurance Company, aka The Saint Paul Travelers Companies, Inc. by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers.(Mullin, Robert)
March 31, 2014 Opinion or Order Filing 727 JUDGMENT - Judgment is entered in favor of the plaintiff and against defendant David Kofoed in the amount of $1,650,000 in compensatory damages, together with costs in the amount of $52,981.32, plus interest at the legal rate from and after this date. Judgment is entered in favor of the plaintiff and against defendant David Kofoed in the amount of $1,650,000 in punitive damages, plus interest at the legal rate from and after this date. Judgment is entered in favor of the plaintiff and against defendant David Kofoed in the amount of $999,656.50, in attorney fees, plus interest at the legal rate from and after this date. Ordered by Judge Joseph F. Bataillon. (AOA)
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 13, 2013 Filing 725 TRANSCRIPT (UNREDACTED) of Proceedings before District Judge Joseph F. Bataillon held on October 22, 2013. Total Number of Pages: 17. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. # Click here to view the Transcript Redaction Procedure. Redaction Request due 12/4/2013. Redacted Transcript Deadline set for 12/16/2013. Release of Transcript Restriction set for 2/11/2014. (SMD)
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)
November 8, 2013 Filing 723 Unopposed MOTION to Dismiss Party Earl Schenck, Sandra Weyers and Cass County with prejudice pursuant to settlement by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
October 30, 2013 Filing 722 INDEX in support of MOTION for Attorney Fees #720 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Shapiro, David)
October 30, 2013 Filing 721 BRIEF in support of MOTION for Attorney Fees #720 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
October 30, 2013 Filing 720 MOTION for Attorney Fees by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
October 30, 2013 Filing 719 INDEX in support of MOTION for Judgment (Plaintiff's Motion for a Compensatory and Punitive Damages Award Against Defendant David Kofoed) #717 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Part 1), #4 Exhibit 3 (Part 2), #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Shapiro, David)
October 30, 2013 Filing 718 BRIEF in support of MOTION for Judgment (Plaintiff's Motion for a Compensatory and Punitive Damages Award Against Defendant David Kofoed) #717 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
October 30, 2013 Filing 717 MOTION for Judgment (Plaintiff's Motion for a Compensatory and Punitive Damages Award Against Defendant David Kofoed) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
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 shall 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 22, 2013 Filing 714 TEXT MINUTE ENTRY for proceedings held before District Judge Joseph F. Bataillon. In Court Hearing held on 10/22/2013. Hearing held in Omaha. Settlement reached on 10/18/2013 with State of Nebraska and Cass County Defendants. Defendant David Kofoed did not appear. Terms of the settlement reached stated on the record. Evidence by Plaintiff regarding Defendant David Kofoed. The court will enter default judgment against Defendant David Kofoed. Plaintiff's oral motion to submit a written motion regarding compensatory and punitive damages and fees is granted. The motion shall be filed on or before October 30, 2013. Defendant David Kofoed will be given 10 days to respond. Stipulation for dismissal shall be filed within 30 days. Written order forthcoming. The jurors scheduled to report for this trial are hereby released as to this trial, but remain on call for the remainder of October. Courtroom Deputy: Kathy Griess; Reporter: Sue DeVetter; Appearance for Plaintiff: Locke E. Bowman and Robert W. Mullin: Appearance for State of Nebraska Defendants: James D. Smith, David A. Lopez, and Ryan S. Post. Appearance for Cass County Defendants: Kimberly K. Sturzenegger. Written order forthcoming. Time Start: 9:11 AM; Time Stop: 9:34 AM; Time in Court: 23 Minutes. (KMG)
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 18, 2013 Filing 712 TEXT MINUTE ENTRY for proceedings held before District Judge Joseph F. Bataillon Telephone Conference held on 10/18/2013. Hearing held in Omaha. The conference was not held on the record. Discussion was held regarding jury selection and how the trial will proceed. Courtroom Deputy: Kathy Griess; Appearance for Plaintiff: Locke Bowman, David Shapiro, and Robert Mullin: Appearance for Defendants: James Smith, David Lopez, Ryan S. Post, and Kim Sturzenegger Time Start: 8:15 AM; Time Stop: 8:40 AM; Time in Court: 25 Minutes. (KMG)
October 16, 2013 Filing 711 NOTICE of Appearance by Attorney Jennifer M. Tomka on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers (Tomka, Jennifer)
October 15, 2013 Filing 710 BRIEF Trial Brief by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 15, 2013 Filing 709 NOTICE of Nebraska State Patrol Defendants' Deposition Designations by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan (Lopez, David)
October 15, 2013 Filing 708 BRIEF in opposition to MOTION in Limine (Plaintiff's Remaining Motions in Limine) #677 AND JOINDER IN CASS COUNTY DEFENDANTS OPPOSITION #705 TO THE SAME by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan.(Lopez, David)
October 15, 2013 Filing 707 BRIEF (Trial Brief) by Attorney Ryan S. Post on behalf of Defendants William Lambert, Charles O'Callaghan.(Post, Ryan)
October 15, 2013 Filing 706 INDEX in opposition to MOTION in Limine (Plaintiff's Remaining Motions in Limine) #677 Issue #4 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers. (Attachments: #1 Exhibit Exhibit of Dr. Thurman, Ph.D. with attachments A-D)(Sturzenegger, Kimberly)
October 15, 2013 Filing 705 BRIEF in opposition to MOTION in Limine (Plaintiff's Remaining Motions in Limine) #677 Issue # 4 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 15, 2013 Filing 704 PROPOSED JURY INSTRUCTIONS by Cass, County of, Earl Schenck, Sandra Weyers. (Sturzenegger, Kimberly)
October 15, 2013 Filing 703 PROPOSED JURY INSTRUCTIONS of Nebraska State Patrol Defendants by William Lambert, Charles O'Callaghan. (Lopez, David)
October 15, 2013 Filing 702 BRIEF (Trial Brief) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
October 15, 2013 Filing 701 INDEX in support of Response, #700 (Consolidated Response to Defendants' Motions in Limine) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Shapiro, David)
October 15, 2013 Filing 700 RESPONSE regarding MOTION in Limine #683 , MOTION in Limine #690 , MOTION in Limine #686 , MOTION in Limine #680 , MOTION in Limine to Exclude or Limit Testimony by Plaintiff Livers' Expert Witnesses #672 , MOTION in Limine #687 , MOTION in Limine Topics 1 - 5 #675 (Consolidated Response) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
October 15, 2013 Filing 699 INDEX in support of MOTION in Limine (Plaintiff's Deposition Designations and Motion in Limine Regarding the Defendants' Objections Thereto) #698 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Shapiro, David)
October 15, 2013 Filing 698 MOTION in Limine (Plaintiff's Deposition Designations and Motion in Limine Regarding the Defendants' Objections Thereto) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
October 15, 2013 Filing 697 BRIEF in opposition to MOTION in Limine (Plaintiff's Remaining Motions in Limine) #677 by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan.(Lopez, David)
October 15, 2013 Filing 696 PROPOSED JURY INSTRUCTIONS by Matthew Livers. (Shapiro, David)
October 14, 2013 Filing 695 INDEX in support of MOTION in Limine (Plaintiff's Remaining Motions in Limine) #677 (Supplemental Index of Evidence) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 1 (Supplemental Shapiro Declaration), #2 Exhibit 2, #3 Exhibit 3)(Shapiro, David)
October 8, 2013 Filing 694 INDEX in support of MOTION in Limine #680 (NSP Defendants' Index of Additional Evidence) by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan. (Attachments: #1 Affidavit Declaration of David A. Lopez, #2 Exhibit 1)(Lopez, David)
October 8, 2013 Filing 693 BRIEF in support of MOTION in Limine #680 and Joinder in the Same by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan.(Lopez, David)
October 8, 2013 Filing 692 INDEX in support of MOTION in Limine #690 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers. (Attachments: #1 Exhibit letter by Julie Bear, #2 Exhibit Report of Dr. Bressler Nov 28 2006)(Sturzenegger, Kimberly)
October 8, 2013 Filing 691 BRIEF in support of MOTION in Limine #690 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 8, 2013 Filing 690 MOTION in Limine by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 8, 2013 Filing 689 INDEX in support of MOTION in Limine #687 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 8, 2013 Filing 688 BRIEF in support of MOTION in Limine #687 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 8, 2013 Filing 687 MOTION in Limine by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 8, 2013 Filing 686 MOTION in Limine by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 8, 2013 Filing 685 INDEX in support of MOTION in Limine #683 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers. (Attachments: #1 Exhibit Plaintiff's Rule 26(a)(2) disclosures)(Sturzenegger, Kimberly)
October 8, 2013 Filing 684 BRIEF in support of MOTION in Limine #683 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 8, 2013 Filing 683 MOTION in Limine by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 8, 2013 Filing 682 INDEX in support of MOTION in Limine #680 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers. (Attachments: #1 Exhibit Rule 26 Disclosures of Plaintiff)(Sturzenegger, Kimberly)
October 8, 2013 Filing 681 BRIEF in support of MOTION in Limine #680 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 8, 2013 Filing 680 MOTION in Limine by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
October 8, 2013 Filing 679 INDEX in support of MOTION in Limine (Plaintiff's Remaining Motions in Limine) #677 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Shapiro, David)
October 8, 2013 Filing 678 BRIEF in support of MOTION in Limine (Plaintiff's Remaining Motions in Limine) #677 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
October 8, 2013 Filing 677 MOTION in Limine (Plaintiff's Remaining Motions in Limine) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
October 8, 2013 Filing 676 BRIEF in support of MOTION in Limine Topics 1 - 5 #675 by Attorney Ryan S. Post on behalf of Defendants William Lambert, Charles O'Callaghan.(Post, Ryan)
October 8, 2013 Filing 675 MOTION in Limine Topics 1 - 5 by Attorney Ryan S. Post on behalf of Defendants William Lambert, Charles O'Callaghan.(Post, Ryan)
October 8, 2013 Filing 674 INDEX in support of MOTION in Limine to Exclude or Limit Testimony by Plaintiff Livers' Expert Witnesses #672 by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan. (Attachments: #1 Affidavit of David A. Lopez, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Lopez, David)
October 8, 2013 Filing 673 BRIEF in support of MOTION in Limine to Exclude or Limit Testimony by Plaintiff Livers' Expert Witnesses #672 by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan.(Lopez, David)
October 8, 2013 Filing 672 MOTION in Limine to Exclude or Limit Testimony by Plaintiff Livers' Expert Witnesses by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan.(Lopez, David)
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 State 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)
October 4, 2013 Filing 670 TEXT MINUTE ENTRY for proceedings held before District Judge Joseph F. Bataillon Telephone Conference held on 10/4/2013. Hearing held in Omaha. The conference was not held on the record. Discussion was held regarding length of trial and how the trial will proceed. The parties will be on the clock for the trial and will have 45 hours each, including opening statements and closing arguments. Courtroom Deputy: Kathy Griess; Appearance for Plaintiff: Locke Bowman, David Shapiro, and Robert Mullin: Appearance for Defendant: James Smith, David Lopez, and Kim Sturzenegger. Time Start: 10:00 AM; Time Stop: 10:40 AM; Time in Court: 40 Minutes. (KMG)
October 2, 2013 Filing 669 NOTICE by Cass County Defendants, NSP Defendants and Plaintiff of Efforts to Include Defendant Kofoed by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers (Bowman, Locke)
September 27, 2013 Filing 668 RESTRICTED DOCUMENT Plaintiff's Response regarding OBJECTION TO MAGISTRATE JUDGE #657 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
September 27, 2013 Opinion or Order Filing 667 PRETRIAL ORDER - estimated length of trial is 15 days; Jury Trial set for 10/22/2013 before Judge Joseph F. Bataillon.Ordered by Magistrate Judge Thomas D. Thalken. (MKR) (Additional attachment(s) added on 10/11/2013: #1 complete order to include all pages) (ADB, ).
September 25, 2013 Filing 666 REPLY BRIEF in support of MOTION in Limine to Exclude References to a Prior Ruling of the Cass County District Court #634 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
September 25, 2013 Filing 665 REPLY BRIEF in support of MOTION in Limine To Exclude References to False Allegations #627 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David)
September 20, 2013 Filing 664 MOTION Joinder in Defendant O'Callaghan's and Lambert's Briefs in Opposition regarding Brief #661 , Brief, #660 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
September 19, 2013 Filing 663 NOTICE to Take Deposition of Dr. Rosanna Jones-Thurman by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers (Shapiro, David)
September 19, 2013 Filing 662 NOTICE to Take Deposition of Dr. Terry Davis by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers (Shapiro, David)
September 18, 2013 Filing 661 BRIEF in opposition to MOTION in Limine To Exclude References to False Allegations #627 by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan.(Spohn, Katherine)
September 18, 2013 Filing 660 BRIEF in opposition to MOTION in Limine to Exclude References to a Prior Ruling of the Cass County District Court #634 by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan.(Spohn, Katherine)
September 17, 2013 Opinion or Order Filing 659 ORDER - The Final Pretrial Conference scheduled for September 20, 2013, at 10:00 a.m. is rescheduled for September 27, 2013, at 10:00 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. (AOA)
September 13, 2013 Opinion or Order Filing 658 MEMORANDUM AND ORDER - Defendant Douglas County Sheriff's Office's motion for summary judgment (Filing No. 665 in Sampson v. Schenck, No 8:07CV155) is denied as moot. Defendant William Lambert's and defendant Charles OCallaghan's motion for partial summary judgment (Filing No. 668 in Sampson v. Schenck, No 8:07CV155) is denied as moot. Defendant Douglas County's Motion for Summary Judgment (Filing No. 540 in Livers v. Schenck, No. 8:08CV107) is denied as moot. Defendant William Lambert's and defendant Charles O'Callaghan's motion for partial summary judgment (Filing No. 543 in Livers v. Schenck, No. 8:08CV107) is denied. Defendant Cass County's motion for summary judgment (Filing No. 548 in Livers v. Schenck, No. 8:08CV107) is denied. Ordered by Judge Joseph F. Bataillon. (MKR)
September 13, 2013 Filing 657 RESTRICTED DOCUMENT Statement of Objections to Magistrate Judge's Order #656 Denying Defendants' Motion for Reference of Case to Mediation ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan.(Lopez, David) Modified on 9/16/2013 to change event type to Objection to Magistrate Judge Order so that it appears on the pending motion report (KMG).
September 12, 2013 Opinion or Order Filing 656 RESTRICTED ORDER- The defendants' Motion for Reference of Case to Mediation (Filing No. #761 in Sampson v. Schenck, et al., 8:07CV155; Filing No. 643 in Livers v. Schenck, et al., 8:08CV107) is denied. Nicholas Sampson's Motion to Stay Proceedings and for Partial Severance (Filing No. #767 in Sampson v. Schenck, et al., 8:07CV155; Filing No. 649 in Livers v. Schenck, et al., 8:08CV107) is granted. The following pending motions shall be termed: a. Motion for Summary Judgment (Filing No. #665 )b. Motions in Limine (Filing No. #711 , 715 , #718 , #722 , #728 , #740 , and #756 )c. Motion to Call Witness Out of Order (Filing No. #721 ). ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.;. ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. in case 8:07-cv-00155-JFB-TDT; ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
September 12, 2013 Opinion or Order Filing 655 TEXT ORDER granting #653 Motion for Extension of Time. Any party shall have until September 18, 2013, to file a response to Matthew Livers' motions in limine filed on August 27, 2013 #627 (749) and August 28, 2013 #634 (753). Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
September 11, 2013 Filing 654 NOTICE of Appearance by Attorney James D. Smith on behalf of Defendant William Lambert (Smith, James)
September 11, 2013 Filing 653 Unopposed MOTION to Extend Time to Respond to Plaintiff Livers' Pending Motions in Limine by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan.(Lopez, David)
September 9, 2013 Opinion or Order Filing 652 ORDER denying the defendants' (725) Motion for an Order Protecting the Integrity of the jury selection process in case 8:07-cv-00155-JFB-TDT; denying (603) Motion for an Order Protecting the Integrity of the jury selection process in case 8:08-cv-00107-JFB-TDT. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (MKR)
September 6, 2013 Filing 651 INDEX in support of Joint MOTION for an Order Protecting the Integrity of the Jury Selection Process (725 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan. (Attachments: #1 Affidavit of David A. Lopez, #2 Exhibit 34)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
September 6, 2013 Filing 650 REPLY BRIEF in support of Joint MOTION for an Order Protecting the Integrity of the Jury Selection Process (725 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
September 4, 2013 Filing 649 RESTRICTED MOTION to Stay Proceedings and for Partial Severance ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
September 4, 2013 Opinion or Order Filing 648 TEXT ORDER granting (765 in case 8:07cv155, 647 in case 8:08cv107) Motion for Leave to File Document Under Restricted Access. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
September 4, 2013 Filing 647 MOTION to Restrict pursuant to the E-Government Act by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
September 3, 2013 Opinion or Order Filing 646 TEXT ORDER Setting Hearing on Motion. The court will hold a telephone conference on September 11, 2013, at 10:00 a.m.. To participate in the conference call dial 888.820.1398 and enter the following when prompted: 3085534 #. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
August 30, 2013 Filing 645 INDEX in opposition to RESTRICTED MOTION For Reference of Case to Mediation ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). -(643 in 8:08-cv-00107-JFB-TDT, 761 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Affidavit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 30, 2013 Filing 644 RESTRICTED DOCUMENT regarding RESTRICTED MOTION For Reference of Case to Mediation ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). -(643 in 8:08-cv-00107-JFB-TDT, 761 in 8:07-cv-00155-JFB-TDT) ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
August 30, 2013 Filing 643 RESTRICTED MOTION For Reference of Case to Mediation ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
August 30, 2013 Filing 642 BRIEF Regarding Causation by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 30, 2013 Filing 641 BRIEF in support of MOTION in Limine (Topics 1 - 12)(638 in 8:08-cv-00107-JFB-TDT, 756 in 8:07-cv-00155-JFB-TDT) (Amended Brief) by Attorney Timothy K. Dolan on behalf of Defendant Douglas County Sheriff's Office.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
August 29, 2013 Filing 640 INDEX in support of MOTION in Limine (Topics 1 - 12)(638 in 8:08-cv-00107-JFB-TDT, 756 in 8:07-cv-00155-JFB-TDT) by Attorney Timothy K. Dolan on behalf of Defendants County of Douglas, Nebraska, Douglas County Sheriff's Office. (Attachments: #1 Affidavit of Tim Dolan in Support of Douglas County's Motion in Limine (Topics 1 - 12), #2 Exhibit A)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
August 29, 2013 Filing 639 BRIEF in support of MOTION in Limine (Topics 1 - 12)(638 in 8:08-cv-00107-JFB-TDT, 756 in 8:07-cv-00155-JFB-TDT) by Attorney Timothy K. Dolan on behalf of Defendants County of Douglas, Nebraska, Douglas County Sheriff's Office.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
August 29, 2013 Filing 638 MOTION in Limine (Topics 1 - 12) by Attorney Timothy K. Dolan on behalf of Defendants County of Douglas, Nebraska, Douglas County Sheriff's Office.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
August 29, 2013 Filing 637 PROPOSED JURY INSTRUCTIONS by Nicholas Sampson. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 28, 2013 Filing 636 TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Index, #629 , Motion in Limine #630 , Brief #631 is stricken for the following reason(s): the documents are duplicates of document numbers #633 , #634 and #635 . Ordered by Deputy Clerk. (AOA)
August 28, 2013 Filing 635 BRIEF in support of MOTION in Limine to Exclude References to a Prior Ruling of the Cass County District Court(634 in 8:08-cv-00107-JFB-TDT, 753 in 8:07-cv-00155-JFB-TDT) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
August 28, 2013 Filing 634 MOTION in Limine to Exclude References to a Prior Ruling of the Cass County District Court by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
August 28, 2013 Filing 633 INDEX in support of MOTION in Limine To Exclude References to False Allegations(627 in 8:08-cv-00107-JFB-TDT) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
August 27, 2013 Filing 632 INDEX in support of MOTION in Limine to Exclude References to a Prior Ruling of the Cass County District Court(630 in 8:08-cv-00107-JFB-TDT) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit A)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
August 27, 2013 Filing 631 STRICKEN - BRIEF in support of MOTION in Limine to Exclude References to a Prior Ruling of the Cass County District Court #630 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David) Modified on 8/28/2013 to strike pursuant to Text Order 636 (AOA).
August 27, 2013 Filing 630 STRICKEN - MOTION in Limine to Exclude References to a Prior Ruling of the Cass County District Court by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.(Shapiro, David) Modified on 8/28/2013 to strike pursuant to Text Order 636 (AOA).
August 27, 2013 Filing 629 STRICKEN - INDEX in support of MOTION in Limine To Exclude References to False Allegations #627 by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shapiro, David) Modified on 8/28/2013 to strike pursuant to Text Order 636 (AOA).
August 27, 2013 Filing 628 BRIEF in support of MOTION in Limine To Exclude References to False Allegations(627 in 8:08-cv-00107-JFB-TDT) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
August 27, 2013 Filing 627 MOTION in Limine To Exclude References to False Allegations by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
August 27, 2013 Filing 626 BRIEF in opposition to Joint MOTION for an Order Protecting the Integrity of the Jury Selection Process (603 in 8:08-cv-00107-JFB-TDT, 725 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 26, 2013 Filing 625 BRIEF in opposition to MOTION in Limine (718 in 8:07-cv-00155-JFB-TDT, 596 in 8:08-cv-00107-JFB-TDT) #3 by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Lopez, David)
August 26, 2013 Filing 624 RESPONSE regarding Joint MOTION for an Order Protecting the Integrity of the Jury Selection Process (603 in 8:08-cv-00107-JFB-TDT) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
August 26, 2013 Filing 623 RESPONSE regarding OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion for Miscellaneous Relief,,, (592 in 8:08-cv-00107-JFB-TDT, 714 in 8:07-cv-00155-JFB-TDT)(739 in 8:07-cv-00155-JFB-TDT, 617 in 8:08-cv-00107-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 26, 2013 Filing 622 NOTICE to Take Deposition of Greg Adams (Second Amended) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
August 23, 2013 Filing 621 NOTICE Regarding Plaintiff Sampson's "Proposed Jury Instruction" #731 by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
August 23, 2013 Filing 620 INDEX in support of MOTION in Limine (618 in 8:08-cv-00107-JFB-TDT, 740 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 23, 2013 Filing 619 BRIEF in support of MOTION in Limine (618 in 8:08-cv-00107-JFB-TDT, 740 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 23, 2013 Filing 618 MOTION in Limine by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 22, 2013 Filing 617 OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion for Miscellaneous Relief,,, (592 in 8:08-cv-00107-JFB-TDT, 714 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
August 21, 2013 Filing 616 BRIEF in opposition to MOTION in Limine (593 in 8:08-cv-00107-JFB-TDT, 715 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
August 21, 2013 Filing 615 NOTICE to Take Deposition of Greg Adams (Amended Notice) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
August 21, 2013 Filing 614 LETTER regarding Pretrial Conference scheduled for September 20, 2013. Member Cases: 8:07cv155, 8:08cv107. (TRL)
August 19, 2013 Filing 613 BRIEF in opposition to MOTION in Limine (589 in 8:08-cv-00107-JFB-TDT, 711 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
August 19, 2013 Filing 612 BRIEF in opposition to MOTION to Call Witness Out of Order (721 in 8:07-cv-00155-JFB-TDT, 599 in 8:08-cv-00107-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
August 19, 2013 Filing 611 BRIEF in support of Proposed Jury Instructions(609 in 8:08-cv-00107-JFB-TDT, 731 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 19, 2013 Filing 610 BRIEF in support of Proposed Jury Instructions(609 in 8:08-cv-00107-JFB-TDT, 731 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 19, 2013 Filing 609 PROPOSED JURY INSTRUCTIONS by Nicholas Sampson. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 16, 2013 Filing 608 INDEX in support of MOTION in Limine (606 in 8:08-cv-00107-JFB-TDT, 728 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 16, 2013 Filing 607 BRIEF in support of MOTION in Limine (606 in 8:08-cv-00107-JFB-TDT, 728 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 16, 2013 Filing 606 MOTION in Limine by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 16, 2013 INDEX - CONTINUED regarding Index, (605 in 8:08-cv-00107-JFB-TDT) filed by by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan. ATTACHMENT CD MAINTAINED IN THE CLERK'S OFFICE. THIS IS A TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(GJG)
August 14, 2013 Filing 605 INDEX in support of Joint MOTION for an Order Protecting the Integrity of the Jury Selection Process (725 in 8:07-cv-00155-JFB-TDT, 603 in 8:08-cv-00107-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan. (Attachments: #1 Affidavit of David A. Lopez, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
August 14, 2013 Filing 604 BRIEF in support of Joint MOTION for an Order Protecting the Integrity of the Jury Selection Process (603 in 8:08-cv-00107-JFB-TDT, 725 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
August 14, 2013 Filing 603 Joint MOTION for an Order Protecting the Integrity of the Jury Selection Process by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
August 14, 2013 Filing 602 INDEX in support of MOTION in Limine (600 in 8:08-cv-00107-JFB-TDT, 722 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 14, 2013 Filing 601 BRIEF in support of MOTION in Limine (722 in 8:07-cv-00155-JFB-TDT, 600 in 8:08-cv-00107-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 14, 2013 Filing 600 MOTION in Limine by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 9, 2013 Filing 599 MOTION to Call Witness Out of Order by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 9, 2013 Filing 598 INDEX in support of MOTION in Limine (718 in 8:07-cv-00155-JFB-TDT, 596 in 8:08-cv-00107-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 9, 2013 Filing 597 BRIEF in support of MOTION in Limine (718 in 8:07-cv-00155-JFB-TDT, 596 in 8:08-cv-00107-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 9, 2013 Filing 596 MOTION in Limine by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 5, 2013 Filing 595 INDEX in support of MOTION in Limine (593 in 8:08-cv-00107-JFB-TDT, 715 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Affidavit, #2 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 5, 2013 Filing 594 BRIEF in support of MOTION in Limine (593 in 8:08-cv-00107-JFB-TDT, 715 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 5, 2013 Filing 593 MOTION in Limine by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 5, 2013 Opinion or Order Filing 592 ORDER granting in part and denying in part the defendants' (653) Motion to Determine Sufficiency of Plaintiff Sampson's Answers or Objections in case 8:07-cv-00155-JFB-TDT and (527) Motion to Determine Sufficiency of Plaintiff Sampson's Answers or Objections in case 8:08-cv-00107-JFB-TDT. Request for Admission No. 32 is outside the scope of discovery. Request for Admission Nos. 11, 17, 18, 38, 39, 41, 49, 51, 68, 69, 70, 71, 72, 73, 74, and 75 are considered denied. Request for Admission Nos. 15, 19, 29, 30, 61, 62, 63, and 64 are considered admitted. The responses to Request for Admission Nos. 36 and 37 are insufficient. Sampson shall have until August 19, 2013, to serve supplemental responses to Request for Admission Nos. 36 and 37. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
August 1, 2013 Filing 591 INDEX in support of MOTION in Limine (589 in 8:08-cv-00107-JFB-TDT, 711 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Exhibit, #2 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 1, 2013 Filing 590 BRIEF in support of MOTION in Limine (589 in 8:08-cv-00107-JFB-TDT, 711 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 1, 2013 Filing 589 MOTION in Limine by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
August 1, 2013 Opinion or Order Filing 588 RESTRICTED ORDER denying as moot the (671) Motion for Summary Judgment. The (681) Motions to Substitute Party names in case 8:07-cv-00155-JFB-TDT; and (558) in case 8:08-cv-00107-JFB-TDT are denied as moot. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Judge Joseph F. Bataillon. (MKR)
August 1, 2013 Opinion or Order Filing 587 ORDER granting Plaintiff Nicholas Sampson's (706) RESTRICTED MOTION. ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. in case 8:07-cv-00155-JFB-TDT; granting (584) RESTRICTED MOTION. ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT in case 8:08-cv-00107-JFB-TDT Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Judge Joseph F. Bataillon. (MKR)
August 1, 2013 Opinion or Order Filing 586 ORDER overruling plaintiff Nicholas Sampson's (Objection)(663) Order on Appeal to Magistrate Judge Order in case 8:07-cv-00155-JFB-TDT and (537) Order on Appeal to Magistrate Judge Order in case 8:08-cv-00107-JFB-TDT. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Judge Joseph F. Bataillon. (MKR)
July 25, 2013 Filing 585 REPLY BRIEF in support of MOTION To Determine the Sufficiency of Plaintiff Sampson's Answers or Objections (653 in 8:07-cv-00155-JFB-TDT, 527 in 8:08-cv-00107-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
July 23, 2013 Filing 584 RESTRICTED MOTION regarding Joint RESTRICTED MOTION regarding Joint MOTION to Restrict pursuant to the E-Government Act (577 in 8:08-cv-00107-JFB-TDT) ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT(578 in 8:08-cv-00107-JFB-TDT) and Text Order, (Filing No. 702) ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
July 22, 2013 Filing 583 INDEX in opposition to MOTION for Summary Judgment (665 in 8:07-cv-00155-JFB-TDT), MOTION for Partial Summary Judgment (668 in 8:07-cv-00155-JFB-TDT), MOTION for Summary Judgment on behalf of Defendants Cass County Sheriff's Office, Weyers and Schenck sued in their official capacities(671 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
July 22, 2013 Opinion or Order Filing 582 TEXT ORDER granting Motion for Leave to Submit Supplemental Evidence Index in Opposition to Defendants' Motions for Summary Judgment (701) in case 8:07-cv-00155-JFB-TDT and (579) in case 8:08-cv-00107-JFB-TDT. The plaintiff, Nicholas Sampson, shall have until July 23, 2013 to file Dr. Richard Leo's July 8, 2013, letter in a supplemental evidence index. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
July 22, 2013 Opinion or Order Filing 580 TEXT ORDER granting Motion to Restrict pursuant to the E-Government Act (699) in case 8:07-cv-00155-JFB-TDT and (577) in case 8:08-cv-00107-JFB-TDT. The parties' Joint Motion for Miscellaneous Relief (700) in case 8:07-cv-00155-JFB-TDT and (578) in case 8:08-cv-00107-JFB-TDT is placed under access restricted to court staff and counsel of record. Further, the referenced Motion to Dismiss with Prejudice may be filed under access restricted to court staff and counsel of record. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
July 22, 2013 Filing 579 MOTION for Leave to Submit Supplemental Evidence Index in Opposition to Defendants' Motions for Summary Judgment by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
July 22, 2013 Filing 578 Joint RESTRICTED MOTION regarding Joint MOTION to Restrict pursuant to the E-Government Act (577 in 8:08-cv-00107-JFB-TDT) ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
July 22, 2013 Filing 577 Joint MOTION to Restrict pursuant to the E-Government Act by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
July 16, 2013 Filing 576 BRIEF in support of MOTION for Summary Judgment by Defendant Cass County, Nebraska, a Nebraska political subdivision #548 Reply Brief by Attorney Kimberly K. Sturzenegger on behalf of Defendant Cass, County of.(Sturzenegger, Kimberly)
July 15, 2013 Filing 575 REPLY BRIEF in support of MOTION for Partial Summary Judgment (668 in 8:07-cv-00155-JFB-TDT, 543 in 8:08-cv-00107-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
July 15, 2013 Filing 574 INDEX in opposition to MOTION To Determine the Sufficiency of Plaintiff Sampson's Answers or Objections (653 in 8:07-cv-00155-JFB-TDT, 527 in 8:08-cv-00107-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
July 15, 2013 Filing 573 BRIEF in opposition to MOTION To Determine the Sufficiency of Plaintiff Sampson's Answers or Objections (653 in 8:07-cv-00155-JFB-TDT, 527 in 8:08-cv-00107-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
July 12, 2013 Filing 572 REPLY BRIEF in support of MOTION for Summary Judgment (665 in 8:07-cv-00155-JFB-TDT) by Attorney Timothy K. Dolan on behalf of Defendant Douglas County Sheriff's Office.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
July 12, 2013 Opinion or Order Filing 571 TEXT ORDER granting (692) Unopposed Motion for Extension of Time. The defendants Cass County Sheriff's Office, Weyers, and Schenck shall have an extension of time until July 16, 2013, to file a reply in support of their Motion for Summary Judgment (671 in 8:07cv155). Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
July 12, 2013 Filing 570 Certificate of Serving Supplemental Rule 26 Expert Disclosure by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
July 12, 2013 Filing 569 Unopposed MOTION to Extend Time to File Reply Brief in Support of MOTION for Summary Judgment on behalf of Defendants Cass County Sheriff's Office, Weyers and Schenck sued in their official capacities(671 in 8:07-cv-00155-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
July 8, 2013 Opinion or Order Filing 568 TEXT ORDER granting Nicholas Sampson's Motion for Extension of Time (552 in 8:08cv107 and 675 in 8:07cv155). Nicholas Sampson shall have until July 15, 2013, to serve responses to the defendants CCSO, Schenck, and Weyers' Interrogatories and Requests for Production of Documents. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
July 8, 2013 Opinion or Order Filing 567 TEXT ORDER granting Nicholas Sampson's 2nd Motion for Extension of Time (551 in 8:08cv107 and 674 in 8:07cv155). Nicholas Sampson shall have until July 15, 2013, to file a response to the defendants' May 23, 2013, Motion to Determine the Sufficiency of Plaintiff Sampson's Answers or Objections (527 in 8:08cv107 and 653 in 8:07cv155). Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
July 8, 2013 Opinion or Order Filing 566 TEXT ORDER granting (688) Motion to Extend. The defendants William Lambert and Charles OCallaghan shall have an extension of time until July 15, 2013, to file a reply in support of their June 14, 2013, Motion for Partial Summary Judgment (668) as it pertains to the plaintiff Nicholas Sampson. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
July 8, 2013 Filing 565 Unopposed MOTION to Extend Time to File Reply in Support of Motion for Partial Summary Judgment by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
July 5, 2013 Filing 564 INDEX in support of Brief, (562 in 8:08-cv-00107-JFB-TDT) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 1 (Cass County Budget Excerpts), #2 Exhibit 2 (Burke Deposition), #3 Exhibit 3 (Cass County Website Excerpts), #4 Exhibit 4 (Leo Report), #5 Exhibit 5 (McCrary Report) (Part 1), #6 Exhibit 5 (McCrary Report) (Part 2), #7 Exhibit 6 (Muldoon Deposition), #8 Exhibit 7 (Schenck Documents), #9 Exhibit 8 (Brueggemann Deposition), #10 Exhibit 9 (Walters Report), #11 Exhibit 10 (Taylor v. Smith Brief))Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
July 5, 2013 Filing 563 BRIEF in opposition to MOTION for Partial Summary Judgment (668 in 8:07-cv-00155-JFB-TDT, 543 in 8:08-cv-00107-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers, Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
July 5, 2013 Filing 562 BRIEF in opposition to MOTION for Summary Judgment by Defendant Cass County, Nebraska, a Nebraska political subdivision(548 in 8:08-cv-00107-JFB-TDT) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
July 3, 2013 Filing 561 INDEX in support of Brief, (560 in 8:08-cv-00107-JFB-TDT) in opposition to NSP Defendants' Motion for Partial Summary Judgment by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 1 (O'Callaghan Post-Polygraph Interrogation Transcript), #2 Exhibit 2 (Gary Plank Dep.Tr.), #3 Exhibit 3 (DCSO CSI Property Report 4/18/06), #4 Exhibit 4 (DCSO CSI Field Notes Form 4/20/06), #5 Exhibit 5 (UNMC Disclosure Book Excerpts), #6 Exhibit 6 (Richard Leo Dep. Tr.), #7 Exhibit 7 (Gregg McCrary Dep. Tr.), #8 Exhibit 8 (Stanley Walters Dep. Tr.), #9 Exhibit 9 (Stock House Floor Plan), #10 Exhibit 10 (Arial Photo of Stock Farm), #11 Exhibit 11 (Omitted pages from Matthew Livers Dep. Tr.))Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
July 3, 2013 Filing 560 BRIEF in opposition to MOTION for Partial Summary Judgment (543 in 8:08-cv-00107-JFB-TDT) filed by NSP Defendants Lambert and O'Callaghan by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
July 3, 2013 Filing 559 INDEX in opposition to MOTION to Extend (675 in 8:07-cv-00155-JFB-TDT, 552 in 8:08-cv-00107-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers. (Attachments: #1 Affidavit Offered in Opposition to Plaintiff's Motion to Extend (Filing No. 675))Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
July 3, 2013 Filing 558 MOTION to Substitute Party Name by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
July 2, 2013 Filing 557 ATTACHMENT - CONTINUED regarding MOTION for Summary Judgment on behalf of Defendants Cass County Sheriff's Office, Weyers and Schenck sued in their official capacities(671 in 8:07-cv-00155-JFB-TDT), MOTION for Partial Summary Judgment (668 in 8:07-cv-00155-JFB-TDT), MOTION for Summary Judgment (665 in 8:07-cv-00155-JFB-TDT). by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Exhibit No. 49, #2 Exhibit No. 50, #3 Exhibit No. 51, #4 Exhibit No. 52, #5 Exhibit No. 53, #6 Exhibit No. 54, #7 Exhibit No. 55, #8 Exhibit No. 56, #9 Exhibit No. 57, #10 Exhibit No. 58, #11 Exhibit No. 59, #12 Exhibit No. 60, #13 Exhibit No. 61, #14 Exhibit No. 62, #15 Exhibit No. 63, #16 Exhibit No. 64, #17 Exhibit No. 65, #18 Exhibit No. 66, #19 Exhibit No. 67, #20 Exhibit No. 68, #21 Exhibit No. 69, #22 Exhibit No. 70, #23 Exhibit No. 71, #24 Exhibit No. 72, #25 Exhibit No. 73, #26 Exhibit No. 74, #27 Exhibit No. 75, #28 Exhibit No. 76, #29 Exhibit No. 77, #30 Exhibit No. 78, #31 Exhibit No. 79, #32 Exhibit No. 80, #33 Exhibit No. 81, #34 Exhibit No. 82, #35 Exhibit No. 83, #36 Exhibit No. 84, #37 Affidavit No. 85, #38 Affidavit No. 86)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
July 2, 2013 Filing 556 INDEX in opposition to MOTION for Summary Judgment on behalf of Defendants Cass County Sheriff's Office, Weyers and Schenck sued in their official capacities(671 in 8:07-cv-00155-JFB-TDT), MOTION for Partial Summary Judgment (668 in 8:07-cv-00155-JFB-TDT), MOTION for Summary Judgment (665 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
July 2, 2013 Filing 555 BRIEF in opposition to MOTION for Summary Judgment (665 in 8:07-cv-00155-JFB-TDT), MOTION for Partial Summary Judgment (668 in 8:07-cv-00155-JFB-TDT), MOTION for Summary Judgment on behalf of Defendants Cass County Sheriff's Office, Weyers and Schenck sued in their official capacities(671 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
June 26, 2013 Filing 554 RETURN of service of Subpoena on 6/20/2013 upon Nathan Cox by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
June 24, 2013 Filing 553 BRIEF in opposition to Plaintiff Sampson's Statement of Objections to Magistrate Judge's Order by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, William Lambert.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
June 19, 2013 Filing 552 MOTION to Extend by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
June 17, 2013 Filing 551 MOTION to Extend and Showing of Good Cause by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
June 14, 2013 Filing 550 INDEX in support of MOTION for Summary Judgment by Defendant Cass County, Nebraska, a Nebraska political subdivision #548 by Attorney Kimberly K. Sturzenegger on behalf of Defendant Cass, County of. (Attachments: #1 Affidavit Cass County Commissioner Janet McCartney, #2 Affidavit Sheriff Brueggemann, #3 Exhibit attachments a-e to affidavit, #4 Exhibit attachments f-i to affidavit, #5 Affidavit Sheriff Brueggemann, #6 Exhibit attachments a-e, #7 Exhibit attachments f thru i)(Sturzenegger, Kimberly)
June 14, 2013 Filing 549 BRIEF in support of MOTION for Summary Judgment by Defendant Cass County, Nebraska, a Nebraska political subdivision #548 by Attorney Kimberly K. Sturzenegger on behalf of Defendant Cass, County of.(Sturzenegger, Kimberly)
June 14, 2013 Filing 548 MOTION for Summary Judgment by Defendant Cass County, Nebraska, a Nebraska political subdivision by Attorney Kimberly K. Sturzenegger on behalf of Defendant Cass, County of.(Sturzenegger, Kimberly)
June 14, 2013 Filing 547 INDEX in support of MOTION for Summary Judgment on behalf of Defendants Cass County Sheriff's Office, Weyers and Schenck sued in their official capacities(671 in 8:07-cv-00155-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers. (Attachments: #1 Affidavit Cass County Commissioner Janet McCartney, #2 Affidavit sheriff brueggemann, #3 Exhibit Brueggemmann attachments a thru e, #4 Exhibit Brueggemann attachments f thru i, #5 Affidavit Brueggemann affidavit Livers case, #6 Exhibit Attachments to affidavit a thru e, #7 Exhibit Attachments to affidavit f thru i)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
June 14, 2013 Filing 546 BRIEF in support of MOTION for Summary Judgment on behalf of Defendants Cass County Sheriff's Office, Weyers and Schenck sued in their official capacities(671 in 8:07-cv-00155-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
June 14, 2013 Filing 545 INDEX in support of Brief, (544 in 8:08-cv-00107-JFB-TDT, 669 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan. (Attachments: #1 Affidavit of Ryan S. Post, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
June 14, 2013 Filing 544 BRIEF in support of MOTION for Partial Summary Judgment (668 in 8:07-cv-00155-JFB-TDT, 543 in 8:08-cv-00107-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
June 14, 2013 Filing 543 MOTION for Partial Summary Judgment by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine) Modified on 6/17/2013 to use correct event(MKR).
June 14, 2013 Filing 542 INDEX in support of MOTION for Summary Judgment #540 Evidence of by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska. (Attachments: #1 Exhibit Declaration of Timothy Dunning with attached exhibits, #2 Exhibit Declaration of Steve Glandt with attached exhibits, #3 Exhibit Declaration of Marty Bilek with attached exhibit, #4 Exhibit Delaration of Russell Torres, #5 Exhibit Declaration of Ed Leahy, #6 Exhibit Declaration of Christine Gabig, #7 Exhibit Declaration of C.L. Retelsdord with attached exhibit, #8 Exhibit Declaration of William Kaufhold, #9 Exhibit Declaration of Earl Schenck, #10 Exhibit Declaration of Sandra Weyers, #11 Exhibit Declaration of Nathan Cox, #12 Exhibit Declaration of William Lambert, #13 Exhibit Declaration of Charles O'Callaghan, #14 Exhibit Transcript of Deposition on Brenda Wheeler dated March 3, 2011 with attached exhibits, #15 Exhibit Declaration of Patrick Bloomingdale with attached Exhibit "A", Transcript of Deposition of Patrick Bloomingdale dated March 25, 2010 with attached exhibits, #16 Exhibit Affadavit of Tim Dolan with attachments, #17 Exhibit Transcript of Deposition of Dean Olson, dated March 24, 2010, #18 Exhibit Excerpted portions of transcript of Deposition of Gary Plank, dated May 15, 2013)(Dolan, Timothy)
June 14, 2013 Filing 541 BRIEF in support of MOTION for Summary Judgment #540 by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska.(Dolan, Timothy)
June 14, 2013 Filing 540 MOTION for Summary Judgment by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska.(Dolan, Timothy)
June 12, 2013 Opinion or Order Filing 539 ORDER - Plaintiff Matthew Livers's objection (Filing No. #395 in 8:08CV107) and plaintiff Nicholas Sampson's objection (Filing No. #520 in 8:07CV155) to the magistrate judges order on consolidation are denied. The magistrate judge's order (Filing No. #392 in 8:08CV107 and Filing No. #518 in 8:07CV155) is affirmed in all respects. Plaintiff Sampson's objection (Filing No. #512 in 8:07CV155) to the magistrate judge's order (Filing No. #507 in 8:07CV155) is denied. The order of the magistrate judge compelling a Rule 35 examination (Filing No. #507 in 8:07CV155) is affirmed in all respects. The Rule 35 examinations shall be scheduled as soon as practicable; defendants are granted 30 days from the date of the Rule 35 examinations in which to submit the expert witness reports of Dr. Davis and Dr. Thurman. Plaintiff Sampson's motions for leave to submit supplemental evidence/brief in support of its statement of objections to the magistrate judge's order on the Rule 35 examinations (Filing No. #511 in 8:08CV107 and Filing No. #637 in 8:07CV155) are granted and the evidence and briefs are deemed filed instanter. Plaintiff Sampson's motion to take judicial notice (Filing No. #433 in 8:08CV107 and Filing No. #561 in 8:07CV155) is denied without prejudice to reassertion. Defendants Lambert's and Callahan's motions to strike plaintiff Sampson's motion for judicial notice (Filing No. #444 in 8:08CV107 and Filing No. 571 in 8:07CV155) are denied. Plaintiff Sampson's motion in limine regarding polygraph evidence (Filing No. #522 in 8:07CV155) is denied without prejudice to reassertion at trial. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Judge Joseph F. Bataillon. (MKR)
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)
June 10, 2013 Filing 537 OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief,,,, (657 in 8:07-cv-00155-JFB-TDT, 657 in 8:07-cv-00155-JFB-TDT, 531 in 8:08-cv-00107-JFB-TDT, 531 in 8:08-cv-00107-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
June 10, 2013 Opinion or Order Filing 536 TEXT ORDER granting Nicholas Sampson's Motion to Extend(534 in 8:08cv107 and 660 in 8:07cv155). Nicholas Sampson shall have until June 25, 2013, to file a response to the defendants' May 23, 2013, Motion to Determine the Sufficiency of Plaintiff Sampson's Answers or Objections (527 in 8:08cv107 and 653 in 8:07cv155). Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
June 7, 2013 Filing 535 TEXT NOTICE OF INCORRECT EVENT used when filing the Motion for Extension of Time to file a Responsive Pleading (660 in 8:07-cv-00155-JFB-TDT) by Deputy Clerk. In the future, use the event Motion to Extend.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(MKR)
June 7, 2013 Filing 534 MOTION to Extend Time by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren) Modified on 6/7/2013 to correct event type (TCL ).
June 7, 2013 Filing 533 Certificate Regarding Service of Discovery Responses by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
May 30, 2013 Opinion or Order Filing 532 ORDER - The Final Pretrial Conference with the undersigned magistrate judge is set for September 20, 2013, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial conference shall be attended by any party proceeding without counsel and lead counsel for represented parties. Counsel shall complete prior to the pretrial conference, all items as directed in NECivR 16.2.3. Trial remains scheduled for October 21, 2013, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
May 30, 2013 Opinion or Order Filing 531 ORDER- The defendants' Motion for Protective Order (Filing No. #593 in Sampson v. Schenck, et al., 8:07CV155; Filing No. 467 in Livers v. Schenck, et al., 8:08CV107) is granted. DCSO is not required to produce Lambert's employment file. The court will not enter a separate protective order. The defendants' Motion to Strike Plaintiff Sampson's Brief in Opposition to Defendants' Motion for Protective Order and Affidavit in Support Thereof (Filing No. 630 in Sampson v. Schenck, et al., 8:07CV155; Filing No. 504 in Livers v. Schenck, et al., 8:08CV107) is granted to the extent stated in this order. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT.Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
May 29, 2013 Filing 530 NOTICE of Serving Discovery to Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
May 23, 2013 Filing 529 INDEX in support of Brief, (528 in 8:08-cv-00107-JFB-TDT, 654 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan. (Attachments: #1 Affidavit Katherine J. Spohn, #2 Exhibit 1, #3 Exhibit 2)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 23, 2013 Filing 528 BRIEF in support of MOTION To Determine the Sufficiency of Plaintiff Sampson's Answers or Objections (653 in 8:07-cv-00155-JFB-TDT, 527 in 8:08-cv-00107-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 23, 2013 Filing 527 MOTION To Determine the Sufficiency of Plaintiff Sampson's Answers or Objections by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 23, 2013 Filing 526 REPLY BRIEF in support of MOTION to Strike Plaintiff Sampson's Brief in Opposition to Defendants' Motion for Protective Order and Affidavit in Support Thereof (504 in 8:08-cv-00107-JFB-TDT, 630 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine) Modified on 5/23/2013 to change incorrect filer (AOA).
May 22, 2013 Opinion or Order Filing 525 ORDER - Matthew Livers, Motion to Strike NSP Defendants' Supplemental Disclosures (Filing No. 609 in Sampson v. Schenck, et al., 8:07CV155; Filing No. 483 in Livers v. Schenck, et al., 8:08CV107), as joined by Nicholas Sampson (Filing No. 618 in Sampson v. Schenck, et al., 8:07CV155; Filing No. 492 in Livers v. Schenck, et al., 8:08CV107), is denied. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (AOA,
May 22, 2013 Filing 524 NOTICE to Take Deposition of Greg Adams by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
May 21, 2013 Opinion or Order Filing 523 TEXT ORDER SETTING HEARING. The court will hold a telephone status conference on May 30, 2013, at 10:00 a.m. to discuss scheduling and discovery issues. Plaintiff's counsel shall initiate the conference with the undersigned magistrate judge. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
May 18, 2013 Filing 522 Certificate of Serving Responses to Plaintiff Sampson's Requests for Admissions to All Defendants (3rd Set) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
May 17, 2013 Filing 521 Certificate of Serving Responses to Plaintiff Sampson's Discovery by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
May 17, 2013 Filing 520 BRIEF in opposition to MOTION for Leave to Submit Supplemental Evidence/Brief in Support of Statement of Objections to Magistrate Judge's Order on Defendants' Joint Motion to Compel Rule 35 Examinations (Filing No. 494)(637 in 8:07-cv-00155-JFB-TDT, 511 in 8:08-cv-00107-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
May 17, 2013 Filing 519 INDEX in opposition to MOTION to Strike Plaintiff Sampson's Brief in Opposition to Defendants' Motion for Protective Order and Affidavit in Support Thereof (504 in 8:08-cv-00107-JFB-TDT, 630 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Affidavit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
May 17, 2013 Filing 518 BRIEF in opposition to MOTION to Strike Plaintiff Sampson's Brief in Opposition to Defendants' Motion for Protective Order and Affidavit in Support Thereof (504 in 8:08-cv-00107-JFB-TDT, 630 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
May 17, 2013 Filing 517 NOTICE of Serving Discovery to Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
May 16, 2013 Filing 516 NOTICE of Serving Discovery to Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
May 15, 2013 Filing 515 NOTICE of Serving Discovery Responses Upon Plaintiff Sampson by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 14, 2013 Filing 514 NOTICE of Serving Discovery Responses to Plaintiff Sampson by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 14, 2013 Filing 513 NOTICE of Serving Discovery to Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
May 14, 2013 Filing 512 REPLY BRIEF in support of MOTION Strike the Supplemental Disclosures Served on March 29, 2013 and April 19, 2013 by Defendants O'Callaghan and Lambert (483 in 8:08-cv-00107-JFB-TDT) by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
May 14, 2013 Filing 511 MOTION for Leave to Submit Supplemental Evidence/Brief in Support of Statement of Objections to Magistrate Judge's Order on Defendants' Joint Motion to Compel Rule 35 Examinations (Filing No. 494) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
May 13, 2013 Filing 510 NOTICE to Take Deposition of Gregg O. McCrary Amended Notice of Deposition by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 10, 2013 Filing 509 NOTICE OF SCHEDULING ISSUE by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
May 10, 2013 Filing 508 INDEX in support of Reply Brief, (507 in 8:08-cv-00107-JFB-TDT, 633 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan. (Attachments: #1 Affidavit of Katherine J. Spohn, #2 Exhibit 1, #3 Exhibit 2)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 10, 2013 Filing 507 REPLY BRIEF in support of MOTION for Protective Order (467 in 8:08-cv-00107-JFB-TDT, 593 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 10, 2013 Filing 506 INDEX in support of Brief, (505 in 8:08-cv-00107-JFB-TDT, 631 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, William Lambert. (Attachments: #1 Affidavit of David A. Lopez, #2 Exhibit 1)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 10, 2013 Filing 505 BRIEF in support of MOTION to Strike Plaintiff Sampson's Brief in Opposition to Defendants' Motion for Protective Order and Affidavit in Support Thereof (504 in 8:08-cv-00107-JFB-TDT, 630 in 8:07-cv-00155-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, William Lambert.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 10, 2013 Filing 504 MOTION to Strike Plaintiff Sampson's Brief in Opposition to Defendants' Motion for Protective Order and Affidavit in Support Thereof by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, William Lambert.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 10, 2013 Filing 503 NOTICE of Serving Discovery to Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
May 8, 2013 Opinion or Order Filing 502 ORDER denying (470) Motion to Quash in case 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (AOA) Modified on 5/8/2013 to correct text (AOA).
May 7, 2013 Filing 501 INDEX in support of Brief, (626 in 8:07-cv-00155-JFB-TDT, 500 in 8:08-cv-00107-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan. (Attachments: #1 Affidavit of Ryan S. Post, #2 Exhibit 1, #3 Exhibit 2)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 7, 2013 Filing 500 BRIEF in opposition to MOTION Strike the Supplemental Disclosures Served on March 29, 2013 and April 19, 2013 by Defendants O'Callaghan and Lambert (609 in 8:07-cv-00155-JFB-TDT, 483 in 8:08-cv-00107-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 7, 2013 Filing 499 NOTICE to Take Deposition of Gregg O. McCrary by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 7, 2013 Filing 498 NOTICE to Take Deposition of Richard A. Leo by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 7, 2013 Filing 497 NOTICE to Take Deposition of Terry A. Kupers by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 6, 2013 Filing 496 INDEX in opposition to MOTION for Protective Order (467 in 8:08-cv-00107-JFB-TDT, 593 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Affidavit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
May 6, 2013 Filing 495 BRIEF in opposition to MOTION for Protective Order (467 in 8:08-cv-00107-JFB-TDT, 593 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
May 3, 2013 Opinion or Order Filing 494 TEXT ORDER granting Motion to Extend (616 in case 8:07cv155 and 490 in case 8:08cv107). The plaintiffs shall have until May 6, 2013, to respond to the defendants' April 19, 2013, Motion for Protective Order. The defendants shall have until May 14, 2013, to file a reply. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
May 3, 2013 Filing 493 RESPONSE regarding MOTION to Extend(616 in 8:07-cv-00155-JFB-TDT, 490 in 8:08-cv-00107-JFB-TDT) by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 3, 2013 Filing 492 NOTICE OF JOINDER IN PLAINTIFF LIVERS' MOTION TO STRIKE SUPPLEMENTAL RULE 26 DISCLOSURES (Filing No. 609) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
May 2, 2013 Filing 491 Certificate of Serving Interrogatories and Requests for Production to Plaintiffs Sampson and Livers by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers, Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
May 2, 2013 Filing 490 MOTION to Extend by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren) Modified on 5/2/2013 to correct event(MKR).
May 2, 2013 Opinion or Order Filing 489 TEXT ORDER granting Joint Motion for Leave to Dispose Expert Witnesses Out of Time (Filing No. 614 in case 8:07-cv-00155-JFB-TDT; Filing No. 488 in case 8:08-cv-00107-JFB-TDT). The parties may conduct Gregg O. McCrary, Richard A. Leo, and Gregory C. Adams' depositions after June 3, 2013. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
May 1, 2013 Filing 488 Joint MOTION for Leave to Depose Expert Witnesses Out of Time by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
May 1, 2013 Filing 487 NOTICE of Serving Discovery by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
May 1, 2013 Filing 486 NOTICE of Serving Requests for Interrogatories Upon Plaintiff Livers by Defendants Lambert and O'Callaghan by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
April 30, 2013 Filing 485 INDEX in support of MOTION Strike the Supplemental Disclosures Served on March 29, 2013 and April 19, 2013 by Defendants O'Callaghan and Lambert (609 in 8:07-cv-00155-JFB-TDT, 483 in 8:08-cv-00107-JFB-TDT) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit A (March 29, 2013 Supplemental Disclosures), #2 Exhibit B (April 19, 2013 Supplemental Disclosures), #3 Exhibit C (4/19/13 Email from Bowman to All Counsel))Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
April 30, 2013 Filing 484 BRIEF in support of MOTION Strike the Supplemental Disclosures Served on March 29, 2013 and April 19, 2013 by Defendants O'Callaghan and Lambert (609 in 8:07-cv-00155-JFB-TDT, 483 in 8:08-cv-00107-JFB-TDT) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
April 30, 2013 Filing 483 MOTION Strike the Supplemental Disclosures Served on March 29, 2013 and April 19, 2013 by Defendants O'Callaghan and Lambert by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
April 30, 2013 Filing 482 NOTICE to Take Deposition of Dennis Waller Amended Notice of Deposition by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
April 30, 2013 Filing 481 NOTICE to Take Deposition of Scott A. Bresler by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
April 29, 2013 Filing 480 Certificate of Serving Responses to Plaintiff Sampson's Requests for Admissions by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
April 29, 2013 Filing 479 Certificate of Service by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
April 29, 2013 Filing 478 NOTICE to Take Deposition of Gary Plank (Amended) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
April 26, 2013 Filing 477 Certificate of Serving Plaintiff's Response to Lambert and O'Callaghan Requests for Production of Documents (Second Set) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
April 26, 2013 Filing 476 Certificate Regarding Service of Responses to Requests for Admission by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
April 24, 2013 Filing 475 Certificate of Service of Request for Entry to Defendant Cass County by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
April 23, 2013 Filing 474 Certificate of Serving Discovery Responses by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
April 19, 2013 Filing 473 NOTICE of filing supplemental responses to discovery requests by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
April 19, 2013 Filing 472 INDEX in support of Brief, (597 in 8:07-cv-00155-JFB-TDT, 471 in 8:08-cv-00107-JFB-TDT), MOTION to Quash Plaintiff Sampson's Non-Party Subpoena(470 in 8:08-cv-00107-JFB-TDT, 596 in 8:07-cv-00155-JFB-TDT) by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan. (Attachments: #1 Affidavit Wendy A. Wussow)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 19, 2013 Filing 471 BRIEF in support of MOTION to Quash Plaintiff Sampson's Non-Party Subpoena(470 in 8:08-cv-00107-JFB-TDT, 596 in 8:07-cv-00155-JFB-TDT) by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 19, 2013 Filing 470 MOTION to Quash Plaintiff Sampson's Non-Party Subpoena by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 19, 2013 Filing 469 NOTICE of Serving Rule 26 Disclosures (Third Supplement) by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 19, 2013 Filing 468 BRIEF in support of MOTION for Protective Order (467 in 8:08-cv-00107-JFB-TDT, 593 in 8:07-cv-00155-JFB-TDT) by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 19, 2013 Filing 467 MOTION for Protective Order by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 17, 2013 Filing 466 NOTICE to Take Deposition of Charles Honts by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 16, 2013 Opinion or Order Filing 465 TEXT ORDER granting Motion to Extend Time to File Motions for Summary Judgment (562 in case 8:07cv155 and 434 in case 8:08cv107). The plaintiffs did not file objections to the defendants' motions to extend the deadline for summary judgment motions. The parties shall have until June 14, 2013, to file motions for summary judgment. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
April 16, 2013 Opinion or Order Filing 464 TEXT ORDER granting Motion to Extend Time to File Motions for Summary Judgment (562 in case 8:07cv155 and 434 in case 8:08cv107). The plaintiffs did not file objections to the defendants' motions to extend the deadline for summary judgment motions. The parties shall have until June 14, 2013, to file motions for summary judgment. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
April 9, 2013 Filing 463 NOTICE to Take Deposition of Gary Plank Duces Tecum by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
April 9, 2013 Filing 462 NOTICE to Take Deposition of Stanley Walters by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
April 9, 2013 Filing 461 NOTICE of Change of Address to 6000 Birkdale Valley Drive # 127, Charlotte, NC 28277 on behalf of Defendant David Kofoed. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(MKR)
April 9, 2013 Filing 460 NOTICE of Issuing Subpoena Duces Tecum by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 9, 2013 Filing 459 NOTICE of Serving Discovery to Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
April 5, 2013 Opinion or Order Filing 458 TEXT ORDER granting Motion to join in briefs (584 in case 8:07cv155 and 457 in case 8:08cv107). The court notes the defendants Schenck, Weyers, and the Cass County Sheriff's Office join in the defendants Lambert and O'Callaghan's brief (Filing No. 581 ) in opposition to the plaintiff's motion for judicial notice and reply brief (Filing No. #528 ) in support of motion to strike. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
April 5, 2013 Filing 457 MOTION regarding Reply Brief, (455 in 8:08-cv-00107-JFB-TDT, 582 in 8:07-cv-00155-JFB-TDT), Brief, (581 in 8:07-cv-00155-JFB-TDT, 454 in 8:08-cv-00107-JFB-TDT) Joinder in Filings 582 and 581 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass County Sheriff's Office.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
April 5, 2013 Opinion or Order Filing 456 TEXT ORDER. The court will hold the deadline for filing motions for summary judgment in abeyance pending the ruling on the defendants' Motion to Extend Time to File Motions for Summary Judgment (562 in 8:07-cv-00155-JFB-TDT, 434 in 8:08-cv-00107-JFB-TDT). Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
April 4, 2013 Filing 455 REPLY BRIEF in support of MOTION to Strike Plaintiff Nicholas Sampson's Motion for Judical Notice (571 in 8:07-cv-00155-JFB-TDT, 444 in 8:08-cv-00107-JFB-TDT) by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David) Modified on 4/4/2013 to correct text (AOA).
April 4, 2013 Filing 454 BRIEF in opposition to MOTION for JUDICIAL NOTICE (561 in 8:07-cv-00155-JFB-TDT, 433 in 8:08-cv-00107-JFB-TDT) by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 4, 2013 Filing 453 NOTICE to Take Deposition of Dennis Waller by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 3, 2013 Filing 452 NOTICE to Take Deposition of Plaintfff Nicholas Sampson by Attorney David D. Cookson on behalf of Defendants William Lambert, William Lambert Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 3, 2013 Filing 451 NOTICE to Take Deposition of Plaintiff Matthew Livers (Amended Notice) by Attorney David D. Cookson on behalf of Defendants William Lambert, William Lambert Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 2, 2013 Filing 450 NOTICE to Take Deposition of Plaintiff Matthew Livers by Attorney David D. Cookson on behalf of Defendants William Lambert, William Lambert Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 2, 2013 Filing 449 NOTICE regarding Notice to Take Deposition, (436 in 8:08-cv-00107-JFB-TDT, 564 in 8:07-cv-00155-JFB-TDT) Notice of Withdrawal of Notice of Deposition of Plaintiff Matthew Livers by Attorney David D. Cookson on behalf of Defendants William Lambert, William Lambert Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
April 1, 2013 Filing 448 RESPONSE regarding MOTION to Strike Plaintiff Nicholas Sampson's Motion for Judical Notice (571 in 8:07-cv-00155-JFB-TDT, 444 in 8:08-cv-00107-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
April 1, 2013 Filing 447 NOTICE of Serving Discovery to Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
April 1, 2013 Filing 446 NOTICE of Issuing Subpoena Duces Tecum by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan (Attachments: #1 Subpoena)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 445 BRIEF in support of MOTION to Strike Plaintiff Nicholas Sampson's Motion for Judical Notice (571 in 8:07-cv-00155-JFB-TDT, 444 in 8:08-cv-00107-JFB-TDT) by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 444 MOTION to Strike Plaintiff Nicholas Sampson's Motion for Judical Notice by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 443 NOTICE to Plaintiff Livers of Intent to Issue Subpoena Duces Tecum by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 442 MOTION to Dismiss Party Defendant Douglas County Pursuant to Settlement Agreement by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
March 29, 2013 Filing 441 NOTICE of Serving Rule 26 Disclosures (Second Supplement) by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 440 Certificate of Service of Responses to Plaintiff Sampson's Request for Admission, Interrogatories, and Request for Production by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 439 Certificate of Service of Amended and Supplemental Responses to Interrogatories to Plaintiff Livers by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 438 Certificate of Service of Discovery to Plaintiff Livers by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 437 Certificate of Service of Discovery to Plaintiff Sampson by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 436 NOTICE to Take Deposition of Matthew Livers by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 435 BRIEF in support of Joint MOTION to Extend Time for All Parties to File Motions for Summary Judgment(434 in 8:08-cv-00107-JFB-TDT, 562 in 8:07-cv-00155-JFB-TDT) by Attorney David D. Cookson on behalf of Defendants Cass, County of, County of Douglas, Nebraska, Tim Dunning, William Lambert, Charles O'Callaghan, Earl Schenck, Sandra Weyers, Cass County Sheriff's Office, Douglas County Sheriff's Office, William Lambert, Charles O'Callaghan, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 29, 2013 Filing 434 Joint MOTION to Extend Time for All Parties to File Motions for Summary Judgment by Attorney David D. Cookson on behalf of Defendants Cass, County of, County of Douglas, Nebraska, Tim Dunning, William Lambert, Charles O'Callaghan, Earl Schenck, Sandra Weyers, Cass County Sheriff's Office, Douglas County Sheriff's Office, William Lambert, Charles O'Callaghan, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 26, 2013 Filing 433 MOTION for JUDICIAL NOTICE by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
March 22, 2013 Filing 432 Mail Returned as Undeliverable addressed to David W. Kofoed regarding Text Order on Motion to Extend, (545 in 8:07-cv-00155-JFB-TDT, 419 in 8:08-cv-00107-JFB-TDT). NOT REMAILED, NO FORWARDING ADDRESS. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(MKR)
March 20, 2013 Opinion or Order Filing 431 ORDER - Pro se party, David W. Kofoed shall notify the court of his current address and telephone number as soon as possible, but in any event no later than April 12, 2013, in writing by filing a notice containing the information with the Clerk of Court. Mr. Kofoed may also consent to receive notice of service by electronic mail in such filing. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (E-mailed to defendant as directed.)(JAB)
March 20, 2013 Filing 430 NOTICE of Serving Discovery to Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
March 19, 2013 Filing 429 NOTICE of Appearance by Attorney David A. Lopez on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Lopez, David)
March 19, 2013 Filing 428 NOTICE of Appearance by Attorney Ryan S. Post on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Post, Ryan)
March 19, 2013 Filing 427 NOTICE of Appearance by Attorney Katherine J. Spohn on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Spohn, Katherine)
March 19, 2013 Filing 426 NOTICE of Appearance by Attorney David D. Cookson on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Cookson, David)
March 18, 2013 Filing 425 INDEX in support of MOTION in Limine Regarding Polygraph Evidence(522 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
March 18, 2013 Filing 424 REPLY BRIEF in support of MOTION in Limine Regarding Polygraph Evidence(522 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
March 15, 2013 Filing 423 NOTICE of Serving Discovery to Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
March 13, 2013 Filing 422 Mail Returned as Undeliverable addressed to David W. Kofoed regarding Order on Motion for Leave, ( #534 in 8:07-cv-00155-JFB-TDT, 408 in 8:08-cv-00107-JFB-TDT). NOT REMAILED-UNABLE TO FORWARD, NO FORWARDING ADDRESS. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(MKR)
March 13, 2013 Filing 421 NOTICE of Serving Discovery to Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Dolan, Timothy)
March 11, 2013 Filing 420 Certificate of serving Interrogatories and Requests for Produciton on Defendants Cass County, Earl Schenck, and Sandra Weyers by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
March 5, 2013 Opinion or Order Filing 419 TEXT ORDER granting (544) defendants' Motion for Extension of Time in case 8:07cv155 and (418)in case 8:08cv107. The defendants shall have until March 8, 2013, to serve expert witness Greg Adams' supplemental report. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
March 5, 2013 Filing 418 MOTION to Extend time to Supplement Rule 26(a)(2) Disclosures of Defense Expert Greg Adams by Attorney Stephanie A. Caldwell on behalf of Defendants William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Caldwell, Stephanie)
March 5, 2013 Filing 417 REPLY BRIEF in support of OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion to Consolidate Cases,,,,,,,,,,, (518)(520 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
March 5, 2013 Opinion or Order Filing 416 TEXT ORDER granting (541) in case 8:07cv155 and (415) in case 8:08cv107. Nicholas Sampson's Motion for Leave to Submit a Reply Brief. Mr. Sampson shall have until March 6, 2013, to file his reply in support of his Statement of Objections #520 to Magistrate Judge's Order on Consolidation #518 . Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
March 5, 2013 Filing 415 MOTION for Leave to Submit Reply Brief by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
March 5, 2013 Filing 414 Certificate of Serving Rule 26(a)(2) Reports and Disclosures of Greg Adams, Gary Plank, and Stan Walters by Attorney Stephanie A. Caldwell on behalf of Defendants William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Caldwell, Stephanie)
March 4, 2013 Filing 413 Certificate of Serving Rule 26 Reports and Disclosures by Dr. Terry Davis and Dr. Rosanna Jones-Thurman by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
March 4, 2013 Filing 412 INDEX in opposition to Plaintiff Sampson's Motion in Limine by Attorney Stephanie A. Caldwell on behalf of Defendants William Lambert, Charles O'Callaghan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Caldwell, Stephanie)
March 4, 2013 Filing 411 BRIEF in opposition to Plaintiff Sampson's Motion in Limine by Attorney Stephanie A. Caldwell on behalf of Defendants William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Caldwell, Stephanie)
March 4, 2013 Opinion or Order Filing 410 TEXT ORDER granting (535) in case 8:07cv155 and (409) in case 8:08cv107 defendants' Unopposed Motion for Extension of Time. The defendants shall have thirty days after their Rule 35 examination of Nicholas Sampson to serve Rule 26(a)(2) disclosures from Drs. Terry Davis and Rosanna Jones-Thurman. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
March 1, 2013 Filing 409 Unopposed MOTION to Extend TIME TO SERVE REPORTS BY DR. DAVIS AND DR. THURMAN Order on Motion to Stay, (515 in 8:07-cv-00155-JFB-TDT), Order on Motion to Extend, (490 in 8:07-cv-00155-JFB-TDT), Order on Motion to Compel, (507 in 8:07-cv-00155-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
February 28, 2013 Opinion or Order Filing 408 TEXT ORDER granting Motion for Leave (533) in case 8:07cv155 and (407) in case 8:08cv107. Nicholas Sampson may file a single reply in support of his Motion in Limine relating to polygraph evidence #522 in case 8:07cv155. The reply shall be filed within seven days of the last opposing party's timely response or by March 18, 2013, whichever is earlier. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
February 27, 2013 Filing 407 MOTION for Leave to Submit Reply Brief and Evidence by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
February 26, 2013 Filing 406 BRIEF in opposition to OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion to Consolidate Cases,,,,,,,,,,, (392)(395 in 8:08-cv-00107-JFB-TDT), OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion to Consolidate Cases,,,,,,,,,,, (518)(520 in 8:07-cv-00155-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers, Cass County Sheriff's Office.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
February 26, 2013 Opinion or Order Filing 405 TEXT ORDER granting (530) Motion to Withdraw as Attorney in case 8:07cv155 and (404) in case 8:08cv107. For good cause shown pursuant to NEGenR 1.3(f), Kari Anne Frye Scheer is granted leave to withdraw as counsel for the defendants William Lambert and Charles O'Callaghan. Other counsel remains for these defendants. The Clerk of Court shall stop all electronic notices to Ms. Scheer regarding this case. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
February 26, 2013 Filing 404 MOTION to Withdraw as Attorney by Attorney Kari Scheer on behalf of Defendants William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Scheer, Kari)
February 22, 2013 Filing 403 RESPONSE to Plaintiff Sampson's Motion in Limine Regarding Polygraph Evidence [Doc. # 522 in Case No. 8:07-cv-00155-JFB-TDT] by Attorney David M Shapiro on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 1)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Shapiro, David)
February 21, 2013 Filing 402 SUPPLEMENT regarding OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion to Consolidate Cases,,,,,,,,,,, (392)(395 in 8:08-cv-00107-JFB-TDT) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
February 21, 2013 Opinion or Order Filing 401 TEXT ORDER granting #399 Motion for Leave to File Supplement to Statement of Objections To Magistrate Judge's Order as set forth in Text Order - Filing No. 400 in 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
February 21, 2013 Opinion or Order Filing 400 TEXT ORDER granting (526) Motion for Leave to File Supplement to Statement of Objections To Magistrate Judge's Order in case 8:07-cv-00155-JFB-TDT. Member Cases: 8:08-cv-00107-JFB-TDT. The plaintiff shall have until February 22, 2013, to file the supplement. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
February 20, 2013 Filing 399 MOTION for Leave to file supplement to statement of objections to consolidation order by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit A (Proposed Supplement to Statement of Objections))Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
February 20, 2013 Opinion or Order Filing 398 ORDER - The plaintiff's, Matthew Livers, Motion to Clarify the Order Consolidating Cases for Trial (Filing No. #397 in Livers v. Schenck, et al., 8:08CV107) is granted. The Clerk of the Court is directed to designate Sampson v. Schenck, et al., 8:07CV155 as the "Lead Case" and Livers v. Schenck, et al., 8:08CV107 as the "Member Case." The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. To this end, the parties are instructed to file all further documents in the Lead Case, No. 8:07CV155, and to select the option "yes" in response to the System's question whether to spread the text. If a party believes that an item should not be filed in both of the consolidated cases, the party must move for permission to file the item in one case. The motion must be filed in both of the consolidated cases using the spread text feature. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
February 19, 2013 Filing 397 MOTION for Clarification regarding Order on Motion to Consolidate Cases,,,,,,,,,,, #392 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
February 18, 2013 Filing 396 BRIEF in support of OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion to Consolidate Cases,,,,,,,,,,, #392 #395 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
February 18, 2013 Filing 395 OBJECTION TO MAGISTRATE JUDGE'S ORDER regarding Order on Motion to Consolidate Cases,,,,,,,,,,, #392 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
February 14, 2013 Filing 394 RECORD on appeal returned from USCA - 8th Circuit (11-1877, 11-1879, 11-1880) regarding Interlocutory Appeal #345 , Interlocutory Appeal #347 , Interlocutory Appeal #346 . All DVD's/CD's #286, #317 and #326 returned. (AOA)
February 8, 2013 Filing 393 Mail Returned as Undeliverable addressed to David Kofoed regarding Order on Motion to Consolidate Cases (518 in 8:07-cv-00155-JFB-TDT, 518 in 8:07-cv-00155-JFB-TDT, 518 in 8:07-cv-00155-JFB-TDT, 518 in 8:07-cv-00155-JFB-TDT). NOT REMAILED-NO FORWARDING ADDRESS PROVIDED. (MKR)
February 6, 2013 Opinion or Order Filing 392 ORDER granting (485) and (488 )Motion to Consolidate Cases; in case 8:07-cv-00155-JFB-TDT; granting (375) and (378) Motion to Consolidate Cases in case 8:08-cv-00107-JFB-TDT. Trial is set to commence, at the courts call, during the week of October 21, 2013, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge Thomas D. Thalken. (MKR, )
January 31, 2013 Opinion or Order Filing 391 TEXT ORDER granting #390 Motion to Withdraw as Attorney. While not in compliance with NEGenR 1.3(f), Frederick J. Coffman is granted leave to withdraw as counsel for defendants William Lambert and Charles O'Callaghan. Other counsel remains for the defendants. The Clerk of Court shall stop all electronic notices to Mr. Coffman regarding this case. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)
January 31, 2013 Filing 390 MOTION to Withdraw as Attorney by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
January 30, 2013 Filing 389 APPLICATION/ORDER admitting pro hac vice Attorney David M Shapiro for Plaintiff Matthew Livers. Ordered by Deputy Clerk. (AOA)
January 29, 2013 Filing 388 Certificate of Service by Attorney Stephanie A. Caldwell on behalf of Defendants William Lambert, Charles O'Callaghan.(Caldwell, Stephanie)
January 28, 2013 Opinion or Order Filing 387 ORDER - Motions for summary judgment shall be filed not later than April 16, 2013. All depositions, whether or not they are intended to be used at trial, shall be completed by June 3, 2013. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
January 23, 2013 Filing 386 REPLY regarding Response #384 by Attorney Kari Scheer on behalf of Defendants William Lambert, Charles O'Callaghan.(Scheer, Kari)
January 22, 2013 Filing 385 Mail Returned as Undeliverable addressed to David W. Kofoed regarding Text Order on Motion to Extend, (382 in 8:08-cv-00107-JFB-TDT) and Text Order on Motion to Extend, (490 in 8:07-cv-00155-JFB-TDT). NOT REMAILED, NO FORWARDING ADDRESS (MKR)
January 18, 2013 Filing 384 RESPONSE to the Motion to Consolidate Trial in this case with trial in Sampson v. Schenck by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
January 10, 2013 Filing 383 Certificate regarding MOTION to Consolidate Cases in Joinder with Defendant Cass County #378 Amended Certifcate of Service by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska.(Dolan, Timothy)
January 10, 2013 Opinion or Order Filing 382 TEXT ORDER granting #381 Defendants' Motion for Extension of Time. The Order #373 is amended as follows. The defendants shall have an extension of time until January 29, 2013, to disclose the identity of their expert witnesses and until March 4, 2013, to serve expert disclosure statements as required by Fed. R. Civ. P. 26(a)(2). Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
January 10, 2013 Filing 381 Joint MOTION to Extend Time by Defendants to identify expert witnesses by Attorney Kari Scheer on behalf of Defendants William Lambert, Charles O'Callaghan.(Scheer, Kari)
January 10, 2013 Filing 380 TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Motion to Extend #379 is stricken for the following reason: the document is a duplicate of document number #372 . Ordered by Deputy Clerk. (JAB)
January 9, 2013 Filing 379 STRICKEN - Joint MOTION to Extend Time by Defendants to identify expert witnesses by Attorney Kari Scheer on behalf of Defendants William Lambert, Charles O'Callaghan.(Scheer, Kari) Modified on 1/10/2013 to add "stricken" text pursuant to Order 380 . (JAB)
January 8, 2013 Filing 378 MOTION to Consolidate Cases in Joinder with Defendant Cass County by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska.(Dolan, Timothy)
January 8, 2013 Filing 377 NOTICE /JOINDER IN MOTION TO CONSOLIDATE by Attorney Kari Scheer on behalf of Defendants William Lambert, Charles O'Callaghan (Scheer, Kari)
January 8, 2013 Filing 376 BRIEF in support of MOTION to Consolidate Cases #375 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
January 8, 2013 Filing 375 MOTION to Consolidate Cases by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
January 4, 2013 Filing 374 NOTICE of non-delivery by Attorney Kari Scheer on behalf of Defendants William Lambert, Charles O'Callaghan (Scheer, Kari)
December 12, 2012 Opinion or Order Filing 373 ORDER - The defendants in this case shall have until January 8, 2013, to file a motion seeking consolidation of this case with the case of Sampson v. Schenck, et al., 8:07CV155, for the purpose of trial pursuant to Fed. R. Civ. P. 42(a). The plaintiff shall have to on or before January 18, 2013, to file a response. The defendants shall have five days from the plaintiff's response to file a reply. The court will hold a telephone conference on January 25, 2013, at 3:00 p.m.,C.S.T., together with the counsel in Sampson v. Schenck, et al., 8:07CV155, for the purpose of reviewing the preparation of the cases to date and scheduling the cases to trial. Plaintiff's counsel in Sampson v. Schenck, et al., 8:07CV155, shall initiate the conference with the undersigned magistrate judge and participating counsel in this matter and in Sampson v. Schenck, et al., 8:07CV155. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
December 11, 2012 Filing 372 NOTICE of Appearance by Attorney Kari Scheer on behalf of Defendants William Lambert, Charles O'Callaghan (Scheer, Kari)
December 4, 2012 Filing 371 MANDATE/JUDGMENT from USCA - 8th Circuit [11-1877], [11-1879], [11-1880], [11-1917], In accordance with the opinion and judgment of 11/08/2012, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter regarding Interlocutory Appeal(468 in 8:07-cv-00155-JFB-TDT), (467 in 8:07-cv-00155) Interlocutory Appeal, (345 in 8:07-cv-00107) Interlocutory Appeal, Interlocutory Appeal(347 in 8:08-cv-00107-JFB-TDT), (346 in 8:07-cv-00107) Interlocutory Appeal. (MKR)
November 8, 2012 Filing 370 COPY of Opinion of USCA - 8th Circuit [11-1917], [11-1918], [11-1879] and [11-1880] regarding Interlocutory Appeal, (468 in 8:07-cv-00155-JFB-TDT), Interlocutory Appeal's (347 in 8:08-cv-00107-JFB-TDT) and Interlocutory Appeal. We affirm in part, reverse in part, and remand for further proceedings. We affirm the denial of qualified immunity with regard to Livers and Sampsons claims against the Cass appellants and the NSP appellants alleging those appellants fabricated evidence, caused Livers and Sampson to be arrested without probable cause, and conspired to violate Livers' and Sampson's civil rights. We also affirm the district courts denial of qualified immunity on Livers claim the Cass appellants and NSP appellants coerced Livers' confession. We reverse the district courts denial of qualified immunity on Livers and Sampsons claims based on the Fifth Amendment right to due process and the alleged failure to disclose exculpatory evidence (Brady claim). We also reverse the denial of qualified immunity for Sheriff Dunning on all claims and to all appellants on Livers' claims based upon appellants alleged failure to intervene. (Attachments: #1 Letter by Clerk, #2 Letter to West Publishing)(MKR)
November 8, 2012 Filing 369 COPY of Judgment from USCA - 8th Circuit [11-1917], [11-1918], [11-1879] and [11-1880] that the judgment of the district court in this cause is affirmed in part, reversed in part,and remanded to the district court for proceedings consistent with the opinion of this court. (MKR)
June 10, 2011 Filing 368 RECEIPT from USCA-Eighth Circuit acknowledging receipt of the Supplemental Record. (KBJ)
May 25, 2011 Filing 367 NOTICE - The attached document was filed on 5/25/2011 in the United States Court of Appeals for the Eighth Circuit; JUDGE ORDER: Appellees motion to dismiss had been considered by the court and the motion is denied. by Attorney Stephanie A. Caldwell on behalf of Defendants William Lambert, Charles O'Callaghan (Caldwell, Stephanie)
May 25, 2011 Filing 366 NOTICE - The attached document was filed on 5/25/2011 in the United States Court of Appeals for the Eighth Circuit by Attorneys Robert W. Mullin, Steven A. Drizin, Julia T. Rickert, and Locke E. Bowman on behalf of Plaintiff Matthew Livers: Reply in Support of Motion to Dismiss Consolidated Appeals. (TEL)
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, Sandy 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 scheduled 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 Circuit 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)
May 12, 2011 Filing 364 TEXT NOTICE OF INDEX OF EVIDENCE #363 by Deputy Clerk. Pursuant to NECivR 7.0.1(a)(2) and (b)(2), evidence in support of a motion or brief shall be identified on an electronically-filed index of evidence. The index of evidence must identify the motion or brief to which it relates. Attachments to the index must be described using the System-generated prompt box. This notice is for your information for future filings. (AOA)
May 11, 2011 Filing 363 BRIEF in opposition to MOTION to Stay Case Progression and Vacate Progression Order #355 , MOTION to Stay regarding Order Setting Schedule for Progression of a Civil Case, #338 (Motion to Stay Proceedings and Vacate Progression Order) MOTION to Stay regarding Order Setting Schedule for Progression of a Civil Case, #338 (Motion to Stay Proceedings and Vacate Progression Order) #352 , MOTION to Stay Case Progression and Vacate Progression Order #357 by Attorney Julia T. Rickert on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit Exhibit A (Motion to Dismiss Appeals))(Rickert, Julia)
May 11, 2011 Filing 362 Transmittal Letter to the 8th Circuit Court of Appeals regarding Supplement to USCA Record, #361 sending all DVDs and CDs maintained in the Clerk's Office. (KBJ)
May 6, 2011 Filing 361 SUPPLEMENT TO USCA RECORD (Attachments: #1 Exhibit 1 - Doc. #285 - filed June 1, 2010, #2 Exhibit 2 - Doc. #286 - filed June 1, 2010 - specifically Exhibit 14A, #3 Exhibit 3 - Doc. #317 - filed September 7, 2010 - Supplemental Index of Evidence in Support of Plaintiff's Responses to the Lambert and O'Callaghan and Schenck and Weyers Motions for Summary Judgment)(Dolan, Timothy)
May 3, 2011 Filing 360 REPLY BRIEF in support of MOTION for Leave to file Third Amended Complaint #342 by Attorney Julia T. Rickert on behalf of Plaintiff Matthew Livers.(Rickert, Julia)
April 28, 2011 Filing 359 TEXT NOTICE REGARDING ELECTRONIC SIGNATURE re Objection #354 by Deputy Clerk. The attorney login does not match the s/signature on this document. This notice is for your information for future filings.(TCL )
April 27, 2011 Filing 358 BRIEF in support of MOTION to Stay Case Progression and Vacate Progression Order #357 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
April 27, 2011 Filing 357 MOTION to Stay Case Progression and Vacate Progression Order by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
April 27, 2011 Filing 356 BRIEF in opposition to MOTION for Leave to file Third Amended Complaint #342 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
April 27, 2011 Filing 355 MOTION to Stay Case Progression and Vacate Progression Order by Attorney Stephanie A. Caldwell on behalf of Defendants William Lambert, Charles O'Callaghan.(Caldwell, Stephanie)
April 27, 2011 Filing 354 OBJECTION to Motion for Leave #342 to File a Third Amended Complaint by Attorney Stephanie A. Caldwell on behalf of Defendants William Lambert, Charles O'Callaghan.(Caldwell, Stephanie)
April 26, 2011 Filing 353 BRIEF in support of MOTION to Stay regarding Order Setting Schedule for Progression of a Civil Case, #338 (Motion to Stay Proceedings and Vacate Progression Order) MOTION to Stay regarding Order Setting Schedule for Progression of a Civil Case, #338 (Motion to Stay Proceedings and Vacate Progression Order) #352 by Attorney Timothy K. Dolan on behalf of Defendants County of Douglas, Nebraska, Tim Dunning.(Dolan, Timothy)
April 26, 2011 Filing 352 MOTION to Stay regarding Order Setting Schedule for Progression of a Civil Case, #338 (Motion to Stay Proceedings and Vacate Progression Order) by Attorney Timothy K. Dolan on behalf of Defendants County of Douglas, Nebraska, Tim Dunning.(Dolan, Timothy)
April 22, 2011 Filing 351 SCHEDULING LETTER from USCA - 8th Circuit (11-1877, 11-1879, 11-1880 as to Notice of Appeal to USCA, #346 , Interlocutory Appeal, Notice of Appeal to USCA, #345 , Interlocutory Appeal #347 , Interlocutory Appeal. (Attachments: #1 transmittal letter Dunning, #2 transmittal letter Lambert, #3 transmittal letter Schenck)(KBJ)
April 21, 2011 Filing 350 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Order on Motion to Strike, Order on Motion for Summary Judgment #340 . Notice of Appeal filed on 4/20/11 by Defendants Earl Schenck, Sandra Weyers. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERKS OFFICE. (KBJ)
April 21, 2011 Filing 349 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Order on Motion to Strike, Order on Motion for Summary Judgment #340 . Notice of Appeal filed on 4/20/11 by Defendants William Lambert, Charles O'Callaghan. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERKS OFFICE. (KBJ)
April 21, 2011 Filing 348 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Order on Motion to Strike, Order on Motion for Summary Judgment #340 . Notice of Appeal filed on 4/20/11 by Defendant Tim Dunning. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERKS OFFICE. (KBJ)
April 21, 2011 Filing 347 INTERLOCUTORY APPEAL regarding Order on Motion to Strike, Order on Motion for Summary Judgment,,,,,,,,,, #340 Filing fee $ 455, receipt number 0867-2017655. (Attachments: #1 Form A)(Caldwell, Stephanie)
April 20, 2011 INTERLOCUTORY APPEAL regarding Notice of Appeal to USCA, #345 . This event corrects the docket entry of #345 - filer selected incorrect event. In the future, used the Interlocutory appeal event. (TCL )
April 20, 2011 INTERLOCUTORY APPEAL regarding Notice of Appeal to USCA, #346 . This event corrects the docket entry #346 - filer selected incorrect event. In the future, used the Interlocutory appeal event. (TCL )
April 20, 2011 Filing 346 NOTICE OF APPEAL regarding Order on Motion to Strike, Order on Motion for Summary Judgment,,,,,,,,,, #340 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers. Filing fee $ 455, receipt number 0867-2016509. (Attachments: #1 Form A)(Sturzenegger, Kimberly)
April 20, 2011 Filing 345 NOTICE OF APPEAL regarding Order on Motion to Strike, Order on Motion for Summary Judgment,,,,,,,,,, #340 by Attorney Diane M. Carlson on behalf of Defendant Tim Dunning. Filing fee $ 455, receipt number 0867-2016168. by Attorney Diane M. Carlson on behalf of Defendant Tim Dunning (Attachments: #1 Appellant's Form A)(Carlson, Diane)
April 14, 2011 Filing 344 NOTICE of Appearance by Attorney Stephanie A. Caldwell on behalf of Defendants William Lambert, Charles O'Callaghan (Caldwell, Stephanie)
April 13, 2011 Filing 343 BRIEF in support of MOTION for Leave to file Third Amended Complaint #342 by Attorney Julia T. Rickert on behalf of Plaintiff Matthew Livers.(Rickert, Julia)
April 13, 2011 Filing 342 MOTION for Leave to file Third Amended Complaint by Attorney Julia T. Rickert on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit A (Plaintiff's Proposed Third Amended Complaint))(Rickert, Julia)
March 30, 2011 Filing 341 Certificate of Serving Responses to Plaintiff's Second Requests for Production of Documents by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
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 summary 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)
March 1, 2011 Filing 339 Certificate of Serving Plaintiff's Remaining Expert Disclosures by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
February 11, 2011 Opinion or Order Filing 338 ORDER SETTING SCHEDULE FOR PROGRESSION OF A CIVIL CASE - Depositions due 10/3/11. Jury Trial set for 11/14/2011 at 09:00 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Final Pretrial Conference set for 10/14/2011 at 11:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
February 11, 2011 Opinion or Order Filing 337 TEXT ORDER granting #333 Motion to Continue. The plaintiff shall have until March 1, 2011, to complete expert disclosures, as requested. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
February 10, 2011 Filing 336 NOTICE to Take Deposition of Nebraska Law Enforcement Training Center by Attorney Julia T. Rickert on behalf of Plaintiff Matthew Livers (Rickert, Julia)
February 7, 2011 Filing 335 Certificate by Attorney Julia T. Rickert on behalf of Plaintiff Matthew Livers.(Rickert, Julia)
January 31, 2011 Filing 334 Certificate of Service of Plaintiff's Partial Disclosure of Rule 26(a)(2) Materials by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
January 28, 2011 Filing 333 MOTION to Continue by Attorney Julia T. Rickert on behalf of Plaintiff Matthew Livers.(Rickert, Julia)
January 5, 2011 Filing 332 NOTICE to Take Deposition of Donald Pounds, Kaye Shepard, William Brueggemann, Tom Wheeler, Donald Veys by Attorney Julia T. Rickert on behalf of Plaintiff Matthew Livers (Rickert, Julia)
January 5, 2011 Filing 331 NOTICE to Take Deposition of Nebraska Law Enforcement Training Center by Attorney Julia T. Rickert on behalf of Plaintiff Matthew Livers (Rickert, Julia)
December 15, 2010 Filing 330 NOTICE to Take Deposition of Donald Pounds, Kaye Shepard, William Brueggemann, William Muldoon, Donald Veys, Tom Wheeler by Attorney Julia T. Rickert on behalf of Plaintiff Matthew Livers (Rickert, Julia)
December 9, 2010 Filing 329 APPLICATION/ORDER admitting pro hac vice Attorney Julia T. Rickert for Plaintiff Matthew Livers. Ordered by Deputy Clerk. (TEL)
December 7, 2010 Filing 328 BRIEF in opposition to MOTION to Strike Index, #326 , Index,,,, #325 #327 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
November 23, 2010 Filing 327 MOTION to Strike Index, #326 , Index,,,, #325 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
November 16, 2010 Filing 326 STRICKEN - SEPARATE INDEX regarding Index #325 in support of MOTION for Summary Judgment DEFENDANTS LAMBERT AND O'CALLAGHAN'S MOTION FOR SUMMARY JUDGMENT #280 and MOTION for Summary Judgment on grounds of qualified immunity #283 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck and Sandra Weyers. ATTACHMENTS (3 CDs) MAINTAINED IN CLERK'S OFFICE. (JSF) Modified on 3/28/2011 to add the word stricken pursuant to Memorandum and Order #340 . (TEL)
November 15, 2010 Filing 325 STRICKEN - INDEX in support of MOTION for Summary Judgment DEFENDANTS LAMBERT AND O'CALLAGHAN'S MOTION FOR SUMMARY JUDGMENT #280 , MOTION for Summary Judgment on grounds of qualified immunity #283 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers. (Attachments: #1 Exhibit July 6, 2006 polygraph of Paulding by Mansfield, Tx P.D., #2 Exhibit Transcribed interview with Thomas Hansen, #3 Exhibit Oct 17 2006 interview with Keith Valeries, #4 Exhibit report of Texas Ranger Brad Harmon, #5 Exhibit Report of Schenck re contact with Kenneth Livers, #6 Exhibit Report of Lambert re contact with Dave Livers during execution of warrant, #7 Exhibit Report of Kirby Drake polygraph, #8 Exhibit Fax from Plaintiff's criminal defense attorney to defense attorney, #9 Exhibit OWH Article regarding Plaintiff's interview with the press, #10 Exhibit Excepts from lambert deposition in the Sampson v. Schenck civil rights case)(Sturzenegger, Kimberly) Modified on 3/28/2011 to add the word stricken per Memorandum and Order #340 . (TEL)
November 15, 2010 Filing 324 REPLY BRIEF in support of MOTION for Summary Judgment on grounds of qualified immunity #283 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
November 15, 2010 Filing 323 REPLY BRIEF in support of MOTION for Summary Judgment DEFENDANTS LAMBERT AND O'CALLAGHAN'S MOTION FOR SUMMARY JUDGMENT #280 by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
November 15, 2010 Filing 322 REPLY BRIEF in support of Brief #279 , MOTION for Summary Judgment #278 , Response #305 Reply Brief in Support of Defendant Tim Dunning's Motion for Summary Judgment by Attorney Timothy K. Dolan on behalf of Defendant Tim Dunning.(Dolan, Timothy)
October 7, 2010 Opinion or Order Filing 321 TEXT ORDER granting #320 Motion to Withdraw as Attorney. For good cause shown pursuant to NEGenR 1.3(f), Tyler Nims is granted leave to withdraw as counsel for the plaintiff. Other counsel remains for the plaintiff. The Clerk of Court shall stop all electronic notices to Mr. Nims regarding this case. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
October 6, 2010 Filing 320 MOTION to Withdraw as Attorney by Attorney Tyler U. Nims on behalf of Plaintiff Matthew Livers.(Nims, Tyler)
October 1, 2010 Opinion or Order Filing 319 ORDER - Following a telephone conference with the parties this day, Each plaintiff, counter-claimant, and cross-claimant shall, as soon as practicable but not later than January 31, 2011, serve all opposing parties with the statement required by Fed. R. Civ. P. 26(a)(2) regarding each expert witness it expects to call to testify at trial. Defendants disclosure due March 31, 2011. The court will hold a telephone conference with counsel and any pro se parties on February 11, 2011, at 10:30 a.m. in order to schedule this matter to trial. The plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
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)
September 7, 2010 Filing 317 SUPPLEMENTAL INDEX in support of Plaintiff's Responses to the Lambert and O'Callaghan and Schenck and Weyers Motions for Summary Judgment #303 and #304 by Attorney Brittany Parling on behalf of Plaintiff Matthew Livers (ATTACHMENTS (DVDs and CD) MAINTAINED IN CLERK'S OFFICE-ADDITIONAL ATTACHMENTS OF DVDs EXHIBITS 109A AND 109B MAINTAINED IN THE CLERK'S OFFICE ) (JSF) Modified on 9/13/2010 to specify attachments (JSF). Modified on 9/21/2010 to reflect that additional attachments are maintained in the clerk's office. (KBJ).
September 3, 2010 Filing 316 TEXT NOTICE OF DEFICIENCY by Deputy Clerk that the Motion to Appoint Counsel #315 has been filed and is considered deficient due to no certificate of service. The defendant shall correct the deficiency within 15 days of the date of this entry or the pleading may be stricken from the record of this case. See NECivR 5.4(c) regarding certificates of service. (copy mailed to pro se party)(MKR) Satisfied on 9/8/2010 (JSF).
September 3, 2010 Filing 315 MOTION to Appoint Counsel (Application and Affidavit)on behalf of Defendant David Kofoed. (MKR) #1 Modified on 9/8/2010 to add document with certificate of service (JSF).
September 2, 2010 Opinion or Order Filing 314 TEXT ORDER granting #312 Parties' Joint Motion to Extend Time until 11/15/2010 for defendants to file reply briefs regarding #278 #280 #283 Motions for Summary Judgment. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
September 2, 2010 Opinion or Order Filing 313 TEXT ORDER granting #311 Motion to Withdraw as Attorney. For good cause shown pursuant to NEGenR 1.3(f), Brittany Parling is granted leave to withdraw as counsel for the plaintiff. Other counsel remains for the plaintiff. The Clerk of Court shall stop all electronic notices to Ms. Parling regarding this case. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
September 2, 2010 Filing 312 Joint MOTION to Extend Time to Reply to Plaintiff's Briefs in Opposition to Defendants' Motion to Dismiss Response #303 , Response #305 , Response #304 by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
September 2, 2010 Filing 311 MOTION to Withdraw as Attorney by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
August 31, 2010 Filing 310 Certificate of Serving Exhibits 106-115 by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
August 30, 2010 Filing 309 ATTACHMENT - CONTINUED (Attachment No. 2) regarding Response #305 . CONTINUED Index of Evidence in Support of Plaintiff's Response to Defendant Tim Dunning's Motion for Summary Judgment by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 25 - UNMC Evidence and Inventory Submittal Form and Receipt, #2 Exhibit 26 - DCSO Letter to Kofoed re Disciplinary Agreement, #3 Exhibit 27 - DCSO Internal Affairs Investigation of David Kofoed (IA #0993), #4 Exhibit 28 - DCSO Letter to Kush, #5 Exhibit 29 - DCSO Complaint of Darnel Kush re Kofoed (IA #1569), #6 Exhibit 30 - DCSO Internal Affairs Investigation of Kush (IA #2142), #7 Exhibit 31 - DCSO General Order re Administrative Investigation of Complaints, #8 Exhibit 32 - DCSO CSI Gabig Report (4/19/06), #9 Exhibit 33 - DCSO CSI Connelly Report (4/26/06), #10 Exhibit 34 - DCSO CSI Retelsdorf Report (4/27/06), #11 Exhibit 35 - DCSO CSI Gabig Report (5/2/06), #12 Exhibit 36 - DCSO CSI Gabig Report (5/3/06), #13 Exhibit 37 - DCSO CSI Kofoed Report (5/8/06), #14 Exhibit 38 - DCSO CSI Hill Report (6/30/06), #15 Exhibit 39 - NSP Search Warrant for Livers Residence, #16 Exhibit 40 - NSP Search Warrant for Sampson Residence, #17 Exhibit 41 - Dodge County Sheriff's Department Report (4/24/06), #18 Exhibit 42 - Dodge County Sheriff's Department Report (6/7/06), #19 Exhibit 43 - UNMC DNA Report (6/29/06), #20 Exhibit 44 - UNMC DNA Report (8/1/06), #21 Exhibit 45 - UNMC DNA Report (11/2/06), #22 Exhibit 46 - UNMC DNA Report (12/13/06), #23 Exhibit 47 - FBI 302 re Kofoed Interview, #24 Exhibit 48 - FBI 302 re Olson Interview (12/2/08), #25 Exhibit 49 - FBI 302 re Olson Interview (4/20/09), #26 Exhibit 50 - Bresler Report, #27 Exhibit 51 - DCSO Employment Application of David Kofoed, #28 Exhibit 52 - Omaha World Herald Article (7/11/06), #29 Exhibit 53 - Omaha World Herald Article (7/16/06), #30 Exhibit 54 - Omaha World Herald Article (10/29/06), #31 Exhibit 55 - Omaha World Herald Article (2/11/07), #32 Exhibit 56 - Omaha World Herald Article (3/12/08), #33 Exhibit 57 - Omaha World Herald Article (9/10/09), #34 Exhibit 58 - News Article (9/10/09), #35 Exhibit 59 - DCSO Media Release (7/3/08), #36 Exhibit 60 - DCSO Media Release (9/10/09), #37 Exhibit 61 - Campaign Website of Tim Dunning, #38 Exhibit 62 - State's Notice of Intent to Offer 404(2) Evidence, State v. Kofoed, #39 Exhibit 63 - Docket, State v. Kofoed)(Parling, Brittany)
August 30, 2010 Filing 308 INDEX in support of Response #305 to Defendant Tim Dunning's Motion for Summary Judgment by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit Affidavit of Matthew Livers, #2 Exhibit Affidavit of Julie Bear, #3 Exhibit Transcript of Dunning Deposition, #4 Exhibit Transcript of Kofoed Deposition, #5 Exhibit Transcript of Olson Deposition, #6 Exhibit Transcript of Retelsdorf Deposition, #7 Exhibit Transcript of Gabig Deposition, #8 Exhibit Transcript of Kush Deposition, #9 Exhibit Transcript of Cox Deposition, #10 Exhibit Transcript of Lambert Deposition, #11 Exhibit Transcript of Schenck Deposition, #12 Exhibit Transcript of Reid Interrogation (6/5/06), #13 Exhibit Transcript of Reid Interrogation (7/4/06), #14 Exhibit Transcript of Reid Interrogation (7/11/06), #15 Exhibit Excerpt from Transcript of Proceedings, United States v. Kofoed, #16 Exhibit Indictment, United States v. Kofoed, #17 Exhibit Information, State v. Kofoed, #18 Exhibit Order on State's Notice of Intent to Officer 404(2) Evidence, State v. Kofoed, #19 Exhibit Motion to Dismiss, State v. Livers, #20 Exhibit Motion for Post-Conviction Relief, State v. Henk, #21 Exhibit Complaint, McGovern v. Douglas County et al., #22 Exhibit Douglas County's Answers to Plaintiff's Interrogatories (Third Supplement), #23 Exhibit DCSO Letter to Kofoed re Internal Affairs Investigation, #24 Exhibit DCSO Internal Affairs Investigation of Kofoed (IA #1947) - Part 1, #25 Exhibit 24 (CONT.) - DCSO Internal Affairs Investigation of Kofoed - Part 2)(Parling, Brittany)
August 30, 2010 Filing 307 ATTACHMENT - CONTINUED (Attachment No. 2) regarding Response #304 , Response #303 . CONTINUED Index of Evidence in Support of Plaintiff's Response to NSP and Cass County Defendants' Motions for Summary Judgment (Exhibits 51-105) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit 51 - NSP Report of Contact with Matthew Hale, #2 Exhibit 52 - NSP Notes of Hergenrader Interview, #3 Exhibit 53 - NSP Report of Contact with Randall Deters, #4 Exhibit 54 - NSP Report re Livers Trash Pull, #5 Exhibit 55 - NSP Search Warrant for Sampson Residence, #6 Exhibit 56 - NSP Search Warrant for Livers Residence, #7 Exhibit 57 - NSP Report re Zastrow Ring, #8 Exhibit 58 - NSP Report of Hale Polygraph, #9 Exhibit 59 - NSP Investigative Memo, #10 Exhibit 60 - NSP Report of Fester Interview, #11 Exhibit 61 - NSP Report of Fester Interview, #12 Exhibit 62 - NSP Report of Fester Interview, #13 Exhibit 63 - NSP Report of Fester Interview, #14 Exhibit 64 - NSP Report of Fester Interview, #15 Exhibit 65 - NSP Report of Iowa Burglarly Investigation, #16 Exhibit 66 - NSP Report of Andrew Stock Polygraph, #17 Exhibit 67 - NSP Fax to Cass County, #18 Exhibit 68 - Cass County Report of Tim Schmitt Statement, #19 Exhibit 69 - Cass County Report of Vance Interview, #20 Exhibit 70 - Cass County Report of Zeorian Statement, #21 Exhibit 71 - Cass County Report of Jeffrey Interview, #22 Exhibit 72 - Cass County Report of Southwick, #23 Exhibit 73 - Cass County Report of Southwick, #24 Exhibit 74 - Dodge County Report, #25 Exhibit 75 - Dodge County Report, #26 Exhibit 76 - Dodge County Report, #27 Exhibit 77 - Dodge County Report, #28 Exhibit 78 - Dodge County Report, #29 Exhibit 79 - UNMC Lab Disclosure Book, #30 Exhibit 80 - UNMC DNA Report (8/1/06), #31 Exhibit 81 - UNMC DNA Report (11/2/06), #32 Exhibit 82 - FBI 302 re Kofoed Investigation, #33 Exhibit 83 - Slip Opinion, Sheets v. Butera, #34 Exhibit 84 - Cass County Information Against Kofoed, #35 Exhibit 85 - Docket, State v. Reid, #36 Exhibit 86 - Docket, State v. Fester, #37 Exhibit 87 - Motion to Dismiss, State v. Livers, #38 Exhibit 88 - Nebraska Journal-Star Article, #39 Exhibit 89 - Lambert and O'Callaghan Answers to Plaintiff's First Set of Interrogatories, #40 Exhibit 90 - Answers to Plaintiff's Interrogatories to Defendant Schenck, #41 Exhibit 91 - Transcript of Matthew Livers Interrogation, #42 Exhibit 92 - NSP Report of Livers Polygraph, #43 Exhibit 93 - NSP Report of Livers Second Polygraph, #44 Exhibit 94 - Kofoed CSI Report, #45 Exhibit 95 - UNMC Evidence and Inventory Submittal Form, #46 Exhibit 96 - NSP Stolen Dodge Truck Report, #47 Exhibit 97 - Transcript of Colin Palm Deposition (5/4/10), #48 Exhibit 98 - NSP Report re Stock Vigil Surveillance, #49 Exhibit 99 - NSP Report re Wireless Search Warrants, #50 Exhibit 100 - NSP Report re Sampson Polygraph, #51 Exhibit 101 - NSP Report of Paulding Interview, #52 Exhibit 102 - NSP Report re Contact with Dal Global, #53 Exhibit 103 - NSP Report of Mason Interview, #54 Exhibit 104 - Missing Pages from Defendants' Exhibit 4, ML 4916-4927, #55 Exhibit 105 - Docket, State v. Kofoed)(Bowman, Locke)
August 30, 2010 Filing 306 INDEX in support of Response #304 , Response #303 Responses to NSP and Cass County Defendants' Motions for Summary Judgment by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit Affidavit of Matthew Livers, #2 Exhibit Affidavit of Barbara Livers, #3 Exhibit Affidavit of Scott Bresler, #4 Exhibit Affidavit of Charles Honts, #5 Exhibit Affidavit of Julie Bear, #6 Exhibit Affidavit of Sarah Livers, #7 Exhibit Transcript of Earl Schenck Deposition (2/12/09, 2/25/09), #8 Exhibit Transcript of William Lambert Deposition (12/15/10), #9 Exhibit Transcript of Nathan Cox Deposition (4/20/10, 5/4/10), #10 Exhibit Transcript of Nathan Cox Deposition (5/11/09), #11 Exhibit Transcript of David Kofoed Deposition (2/11/09), #12 Exhibit Transcript of William Lambert Deposition (2/10/10), #13 Exhibit Transcript of Charles O'Callaghan Deposition (2/10/09), #14 Exhibit Transcript of Sandra Weyers Deposition (4/1/09), #15 Exhibit Transcript of Christine Gabig Deposition (1/19/10), #16 Exhibit Transcript of C.L. Retelsdorf Deposition (1/20/10), #17 Exhibit Transcript of Charles Phillips Deposition (2/9/10), #18 Exhibit Transcript of Lawrence Burke Deposition (2/8/10), #19 Exhibit Transcript of Tim Dunning Deposition (1/21/10), #20 Exhibit Transcript of James Rohr Deposition (2/2/10), #21 Exhibit Transcript of Jessica Reid Interrogation (6/5/06), #22 Exhibit Transcript of Jessica Reid Interrogation (6/7/06), #23 Exhibit Transcript of Jessica Reid Interrogation (6/10/06), #24 Exhibit Transcript of Jessica Reid Interrogation (6/16/06), #25 Exhibit Transcript of Jessica Reid Interrogation (6/23/06), #26 Exhibit Transcript of Jessica Reid Interrogation (7/4/06), #27 Exhibit Transcript of Jessica Reid Interrogation (7/7/06), #28 Exhibit Transcript of Jessica Reid Interrogation (7/11/06), #29 Exhibit Transcript of Jessica Reid Proffer (9/13/06), #30 Exhibit Transcript of Gregory Fester Interrogation (6/5/06), #31 Exhibit Transcript of Gregory Fester Interrogation (6/7/06), #32 Exhibit Transcript of DCSO Internal Affairs Interview with David Kofoed, #33 Exhibit Transcript of DCSO Internal Affairs Interview with Christine Gabig, #34 Exhibit Bresler Report, #35 Exhibit Scalora Report, #36 Exhibit Harmon Report, #37 Exhibit Retelsdorf Report (4/27/06), #38 Exhibit Gabig Report (5/2/06), #39 Exhibit Gabig Report (5/3/06), #40 Exhibit Gabig Report (4/19/06), #41 Exhibit Connelly Report, #42 Exhibit Retelsdorf Report (4/20/06), #43 Exhibit Hill Report, #44 Exhibit DCSO Internal Affairs Access Log, #45 Exhibit DCSO Internal Affairs report of Kofoed Investigation, #46 Exhibit DCSO CSI Code of Professional Conduct, #47 Exhibit NSP Report of Hyde Interview, #48 Exhibit NSP Report of Mackey Interview, #49 Exhibit NSP Report of Sampson Interview, #50 Exhibit NSP Report of High Interview)(Bowman, Locke)
August 30, 2010 Filing 305 RESPONSE regarding Brief #279 , MOTION for Summary Judgment #278 Defendant Tim Dunning's Motion for Summary Judgment by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
August 30, 2010 Filing 304 RESPONSE regarding MOTION for Summary Judgment DEFENDANTS LAMBERT AND O'CALLAGHAN'S MOTION FOR SUMMARY JUDGMENT #280 , Brief, #281 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
August 30, 2010 Filing 303 RESPONSE regarding Brief #284 , MOTION for Summary Judgment on grounds of qualified immunity #283 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
August 2, 2010 Opinion or Order Filing 302 TEXT ORDER granting #301 Plaintiff's Motion for Extension of Time until 8/30/2010 to file response to #278 #280 #283 Motions for Summary Judgment. NO OTHER EXTENSIONS WILL BE GRANTED ABSENT A SHOWING OF GOOD CAUSE. (Copy mailed to pro se party.) Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
July 31, 2010 Filing 301 Unopposed MOTION to Extend Date for Filing Plaintiff's Responses to MOTION for Summary Judgment #278 , MOTION for Summary Judgment DEFENDANTS LAMBERT AND O'CALLAGHAN'S MOTION FOR SUMMARY JUDGMENT #280 , MOTION for Summary Judgment on grounds of qualified immunity #283 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
July 23, 2010 Filing 300 NOTICE of Serving Dunning's Third Supplement to his Answers to Plaintiff's First Set of Interrogatories by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Carlson, Diane)
July 23, 2010 Filing 299 NOTICE of Serving Douglas County's Third Supplement to its Answers to Plaintiff's First Set of Interrogatories by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Carlson, Diane)
July 16, 2010 Filing 298 ATTORNEY LETTER by Clerk that Attorney Tyler Nims has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TCL )
July 16, 2010 Filing 297 APPLICATION/ORDER admitting pro hac vice Attorney Tyler Nims for Plaintiff Matthew Livers. Ordered by Deputy Clerk. (TCL )
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 )
July 12, 2010 Filing 295 MOTION for writ of habeas corpus on behalf of Defendant David Kofoed.(TCL )
July 9, 2010 Filing 294 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Thomas D. Thalken. Telephone Planning Conference held on 7/9/2010. Planning Conference set for 10/1/2010 at 10:00 AM by telephone before Magistrate Judge Thomas D. Thalken. Plaintiff's counsel shall initiate the telephone conference. No further notice of this conference will be sent. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (PMD)
June 28, 2010 Filing 293 NOTICE to Take Deposition of Darnell Kush on Thursday, July 15, 2010 at 9:30 AM by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers (Parling, Brittany)
June 16, 2010 Filing 292 NOTICE of Change of Address by Attorney Steven J. Lefler on behalf of Defendant David Kofoed (Lefler, Steven)
June 10, 2010 Opinion or Order Filing 291 TEXT ORDER granting #290 Plaintiff's Motion to Extend Time until 8/9/2010 to file responsive briefs regarding #278 #280 #283 Defendants' Motions for Summary Judgment. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
June 9, 2010 Filing 290 MOTION to Extend Time for Plaintiff's Responses to the following Motions for Summary Judgment and Briefs: Brief #284 , Brief #279 , MOTION for Summary Judgment #278 , MOTION for Summary Judgment DEFENDANTS LAMBERT AND O'CALLAGHAN'S MOTION FOR SUMMARY JUDGMENT #280 , Brief, #281 , MOTION for Summary Judgment on grounds of qualified immunity #283 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
June 4, 2010 Filing 289 Certificate of Serving Plaintiff's Answers to Defendant Tim Dunning's Second Set of Requests for Production of Documents by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
June 3, 2010 Filing 288 Mail Returned as Undeliverable addressed to David Kofoed at dkofoed@cox.net regarding Certificate #287 . E-mail NOT RESENT, defendant incarcerated, email disabled. (ADB, )
June 3, 2010 Filing 287 Certificate of Serving Exhibit 14A in support of Lambert, O'Callaghan, Schenck and Weyers' Motions for Summary Judgment by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
June 1, 2010 Filing 286 JOINT INDEX OF EVIDENCE in support of MOTION for Summary Judgment DEFENDANTS LAMBERT AND O'CALLAGHAN'S filing #280 , and MOTION for Summary Judgment on grounds of qualified immunity #283 filed by Attorneys Kimberly K. Sturzenegger, and Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, Earl Schenck, and Sandra Weyers. (Attachments: #1 Part 2 of 2) DVDs 1-7 MAINTAINED IN CLERK'S OFFICE. (GJG)
June 1, 2010 Filing 285 Certificate regarding MOTION for Summary Judgment DEFENDANTS LAMBERT AND O'CALLAGHAN'S MOTION FOR SUMMARY JUDGMENT #280 , MOTION for Summary Judgment on grounds of qualified immunity #283 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
June 1, 2010 Filing 284 BRIEF in support of MOTION for Summary Judgment on grounds of qualified immunity #283 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
June 1, 2010 Filing 283 MOTION for Summary Judgment on grounds of qualified immunity by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
June 1, 2010 Filing 282 INDEX in support of MOTION for Summary Judgment #278 by Attorney Timothy K. Dolan on behalf of Defendant Tim Dunning. (Attachments: #1 Exhibit 1 - Declaration of Timothy Dunning, #2 Exhibit A - Attachment to Declaration of Timothy Dunning (Douglas County Sheriff's Office Code of Conduct), #3 Exhibit 2 - Declaration of Earl Schenck, #4 Exhibit 3 - Declaration of Sandra Weyers, #5 Exhibit 4 - Declaration of Nathan Cox, #6 Exhibit 5 - Declaration of William L. Lambert, Jr., #7 Exhibit 6 - Declaration of Charles J. O'Callaghan, #8 Exhibit 7 - Portions of Transcript of Deposition of Defendant Tim Dunning Dated January 21, 2010, #9 Exhibit 8 - Portions of Transcript of Deposition of Dean Olson from Sampson v. Schenck, et al. Case No. 8:07cv155 dated March 24, 2010, #10 Exhibit 9 - Portions of Transcript of Deposition of Christine Gabig dated January 19, 2010, #11 Exhibit 10 - Declaration of Christine Gabig, #12 Exhibit 11 - Declaration of C.L. Retelsdorf, #13 Exhibit 12 - Portions of Transcript of Deposition of David Kofoed dated February 11, 2008, #14 Exhibit 13 - Portions of Transcript of David Kofoed Testimony in United States v. Kofoed dated September 8, 2009, #15 Exhibit 14 - Declaration of Russell Torres, #16 Exhibit 15 - Declaration of Ed Leahy, #17 Exhibit 16 - Photocopy of Certified Copy of Judgment of Conviction in State v. Kofoed, Case No. CR09-40, dated March 25, 2010, #18 Exhibit 17 - Partial Transcript of Proceedings in Cass County District Court Case Captioned State v. Kofoed, Case No. CR09-40 (for hearing held March 23, 2010), #19 Exhibit 18 - Declaration of Steve Glandt, #20 Exhibit A - Attachment to Declaration of Steve Glandt (Douglas County Sheriff's Office Bureau Directive CIB #330.1 dated 12/22/06 and updated on 1/15/09), #21 Exhibit 19 - Portions of Transcript of Deposition of Nathan Cox dated April 20 and May 4, 2010, #22 Exhibit 20 - Declaration of Mary Bilek, #23 Exhibit A - Attachment to Declaration of Marty Bilek (General Order 30-2005), #24 Exhibit 21 - Affidavit of Timothy Dolan, #25 Exhibit A - Attachment to Affidavit of Timothy Dolan (Plaintiff's Answers to Defendant Dunning's Interrogatories dated December 8, 2009), #26 Exhibit B - Attachment to Affidavit of Timothy Dolan (Plaintiff's Amended Answers to Interrogatories 1, 6, 9, 10, 11, and 12 in Defendant Tim Dunning's First Set of Interrogatories dated April 16, 2010), #27 Exhibit C - Attachment to Affidavit of Timothy Dolan (Plaintiff's Answers to Defendant Tim Dunning's Second Set of Interrogatories dated May 12, 2010), #28 Exhibit 22 - Declaration of William Kaufhold)(Dolan, Timothy)
June 1, 2010 Filing 281 BRIEF in support of MOTION for Summary Judgment DEFENDANTS LAMBERT AND O'CALLAGHAN'S MOTION FOR SUMMARY JUDGMENT #280 DEFENDANTS LAMBERT AND O'CALLAGHAN'S BRIEF IN SUPPORT OF SECOND MOTION FOR SUMMARY JUDGMENT by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
June 1, 2010 Filing 280 MOTION for Summary Judgment DEFENDANTS LAMBERT AND O'CALLAGHAN'S MOTION FOR SUMMARY JUDGMENT by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
June 1, 2010 Filing 279 BRIEF in support of MOTION for Summary Judgment #278 by Attorney Timothy K. Dolan on behalf of Defendant Tim Dunning.(Dolan, Timothy)
June 1, 2010 Filing 278 MOTION for Summary Judgment by Attorney Timothy K. Dolan on behalf of Defendant Tim Dunning.(Dolan, Timothy)
May 28, 2010 Filing 277 NOTICE of Serving Dunning's Second Supplement to his Answers to Plaintiff's Interrogatories by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Carlson, Diane)
May 28, 2010 Filing 276 NOTICE of Serving Defendant Douglas County's Second Supplement to its Answers to Plaintiff's Interrogatories by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Carlson, Diane)
May 28, 2010 Filing 275 NOTICE of Serving Defendant Douglas County's First Supplement to its Responses to Plaintiff's Requests for Production (Second Set) by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Carlson, Diane)
May 28, 2010 Filing 274 NOTICE of Service Defendant Douglas County's First Supplement to its Answers to Plaintiff's Interrogatories (Second Set) by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Carlson, Diane)
May 27, 2010 Filing 273 NOTICE regarding Notice (Other) #217 Rule 26 Disclosures (Second Supplement) by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Carlson, Diane)
May 21, 2010 Filing 272 Certificate of Serving Defendant Dunning's Second Supplement to Plaintiff's Requests for Production by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning.(Carlson, Diane)
May 21, 2010 Filing 271 Certificate of Serving Defendant Douglas County's Second Supplement to Plaintiff's Requests for Production by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning.(Carlson, Diane)
May 12, 2010 Filing 270 Certificate of Serving Plaintiff's Answers to Defendant Tim Dunning's Second Set of Interrogatories by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
May 3, 2010 Opinion or Order Filing 269 TEXT ORDER denying as moot #267 per filing 266 Motion to Withdraw Document. Ordered by Chief Judge Joseph F. Bataillon. (TJD )
April 30, 2010 Filing 268 NOTICE of Serving Defendant Tim Dunning's Second Request for Production of Documents by Attorney Timothy K. Dolan on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Dolan, Timothy)
April 29, 2010 Filing 267 MOTION to Withdraw Document regarding Sealed Document, 265 , Sealed Document, 264 by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning.(Carlson, Diane)
April 28, 2010 Filing 266 TEXT MINUTE ENTRY for proceedings held before Chief Judge Joseph F. Bataillon Motion Hearing held on 4/28/2010 regarding MOTION to file under Seal (Pleadings and Documents) #259 , MOTION to Withdraw as Attorney Application for Temporary and Permanent Restraining Order or, in the Alternative, Motion to Withdraw #253 . Argument by parties. Motion #253 is granted in part and denied in part; Motion #259 is denied as moot. Mr. Lefler is granted leave to withdraw and Mr. Kofoed shall proceed pro se. Mr. Kofoed shall register for the CM/ECF filing system and be notified via the system of all activity in this case. Mr. Dolan's oral motion to withdraw 264 and 265 is granted. Hearing held in Omaha. Courtroom Deputy: Tracy Doyle; Reporter: Brenda Fauber; Appearance for Plaintiff: Brittany Parling (telephonically), Locke Bowman (telephonically): Appearance for Defendant: Kimberly Sturzenegger (telehonically), Steve Lefler, Diane Carlson, Timothy Dolan; Time Start: 9:05 a.m. Time Stop: 9:25 a.m. (TJD)
April 26, 2010 Opinion or Order Filing 263 TEXT ORDER scheduling hearing regarding Motion to file under Seal #259 on 4/28/2010 at 09:00 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
April 26, 2010 Filing 262 TEXT NOTICE REGARDING ELECTRONIC SIGNATURE re Motion to Seal #259 , Brief #260 , and Index #261 by Deputy Clerk. The attorney login does not match the s/signature on this document. This notice is for your information for future filings. (JAB)
April 23, 2010 Filing 261 INDEX in support of MOTION to file under Seal (Pleadings and Documents) #259 by Attorney Timothy K. Dolan on behalf of Defendants County of Douglas, Nebraska, Tim Dunning. (Attachments: #1 Affidavit of Timothy K. Dolan)(Dolan, Timothy)
April 23, 2010 Filing 260 BRIEF in support of MOTION to file under Seal (Pleadings and Documents) #259 by Attorney Timothy K. Dolan on behalf of Defendants County of Douglas, Nebraska, Tim Dunning.(Dolan, Timothy)
April 23, 2010 Filing 259 MOTION to file under Seal (Pleadings and Documents) by Attorney Timothy K. Dolan on behalf of Defendants County of Douglas, Nebraska, Tim Dunning.(Dolan, Timothy)
April 22, 2010 Filing 258 Certificate of Mailing Answers to Defendant Kofoed's First Set of Interrogatories by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
April 21, 2010 Filing 257 TEXT NOTICE REGARDING ELECTRONIC SIGNATURE re Brief #254 , Motion to Withdraw as Attorney #253 , Index #255 by Deputy Clerk. This document does not comply with NECivR 11.1(a) regarding signatures. This notice is for your information for future filings.(JAE)
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, Roman 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)
April 20, 2010 Filing 255 INDEX in support of Brief #254 by Attorney Steven J. Lefler on behalf of Defendant David Kofoed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lefler, Steven)
April 20, 2010 Filing 254 BRIEF in support of MOTION to Withdraw as Attorney Application for Temporary and Permanent Restraining Order or, in the Alternative, Motion to Withdraw #253 by Attorney Steven J. Lefler on behalf of Defendant David Kofoed.(Lefler, Steven)
April 20, 2010 Filing 253 MOTION to Withdraw as Attorney Application for Temporary and Permanent Restraining Order or, in the Alternative, Motion to Withdraw by Attorney Steven J. Lefler on behalf of Defendant David Kofoed.(Lefler, Steven)
April 16, 2010 Filing 252 Certificate of Serving Plaintiff's Answers to Defendant David Kofoed's First Set of Requests for Production of Documents by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
April 16, 2010 Filing 251 Certificate of Serving Plaintiff's Amended Answers to Defendant Tim Dunning's First Set of Interrogatories by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
April 16, 2010 Filing 250 Certificate of Serving Plaintiff's Amended Answers to Defendant Douglas County's First Set of Interrogatories by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
April 16, 2010 Filing 249 ANSWER to Amended Complaint, #238 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers(Sturzenegger, Kimberly)
April 13, 2010 Filing 248 ANSWER to Amended Complaint, #238 by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan(Coffman, Frederick)
April 12, 2010 Filing 247 ANSWER to Amended Complaint, #238 by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning(Carlson, Diane)
April 9, 2010 Filing 246 NOTICE of Serving Discovery by Attorney Timothy K. Dolan on behalf of Defendant Tim Dunning (Dolan, Timothy)
April 7, 2010 Filing 245 NOTICE to Take Deposition of Colin Palm on May 4, 2010 at 9:30 am by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers (Parling, Brittany)
April 7, 2010 Filing 244 NOTICE to Take Deposition of Nathan Cox on April 20, 2010 at 1:00 pm by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers (Parling, Brittany)
April 7, 2010 Filing 243 NOTICE to Take Deposition of William Lambert on April 20, 2010 at 9:00 am by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers (Parling, Brittany)
April 5, 2010 Filing 242 Certificate regarding Amended Complaint, #238 Certificate of Serving Plaintiff's Second Amended Complaint, Jury Demand, and Designation of Place of Trial by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
April 5, 2010 Filing 241 TEXT STRIKE ORDER that Pursuant to General Order Number 2006-01, the Certificate #239 is stricken for the following reason : incomplete PDF document attached. The party is directed to re-file the document. Ordered by Deputy Clerk. (GJG)
April 5, 2010 Filing 240 TEXT NOTICE REGARDING ELECTRONIC SIGNATURE re Amended Complaint, #238 by Deputy Clerk. The attorney login does not match the s/signature on this document. This notice is for your information for future filings. (GJG)
April 5, 2010 Filing 239 STRICKEN - Certificate regarding Amended Complaint, #238 Certificate of Serving Plaintiff's Second Amended Complaint by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany) Modified on 4/5/2010 to strike pursuant text order filing 241 (GJG).
April 2, 2010 Filing 238 AMENDED COMPLAINT against Defendant Cass, County of, County of Douglas, Nebraska, Tim Dunning, David Kofoed, William Lambert, Charles O'Callaghan, Earl Schenck, Sandra Weyers, by Attorney Brittany D. Parling on behalf of Matthew Livers(Parling, Brittany)
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 filed 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, )
March 30, 2010 Filing 236 Certificate of Mailing Defendant Kofoed's First Set of Rquest for Admissions by Attorney Steven J. Lefler on behalf of Defendant David Kofoed.(Lefler, Steven)
March 15, 2010 Filing 235 NOTICE of Serving Defendant Douglas County's Responses to Plaintiff's Second Set of Interrogatories and Requests for Production of Documents by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Carlson, Diane)
March 11, 2010 Filing 234 REPLY BRIEF in support of MOTION for Leave to File Amended Complaint #226 by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
March 11, 2010 Opinion or Order Filing 233 TEXT ORDER granting #231 Motion for Leave to file reply brief in support of Plaintiff's Motion for leave to File Amended Complaint. Plaintiff shall have until March 12, 2010 to file brief in support of Motion No. 226. Ordered by Magistrate Judge Thomas D. Thalken. (PMD)
March 10, 2010 Filing 232 INDEX in support of MOTION for Leave to File Reply Brief in Support of Plaintiff's Motion for Leave to File Amended Complaint #231 by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit A - Reply Brief in Support of Plaintiff's Motion for Leave to File Amended Complaint)(Parling, Brittany)
March 10, 2010 Filing 231 MOTION for Leave to File Reply Brief in Support of Plaintiff's Motion for Leave to File Amended Complaint by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
March 7, 2010 Filing 230 OBJECTION to Plantiff's Motion to Amend Complaint by Attorney Steven J. Lefler on behalf of Defendant David Kofoed.(Lefler, Steven)
March 5, 2010 Filing 229 RESPONSE regarding Plaintiff's Motion to Amend Complaint #228 by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning. Filer used incorrect event when filing #228 (PCV, )
March 4, 2010 Filing 228 OBJECTION to Motion for Leave #226 (to Plaintiff's Motion to Amend Complaint) by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning.(Carlson, Diane)
March 1, 2010 Filing 227 INDEX in support of MOTION for Leave to File Amended Complaint #226 by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Parling, Brittany)
March 1, 2010 Filing 226 MOTION for Leave to File Amended Complaint by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
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 showing 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)
February 23, 2010 Filing 224 Joint MOTION to Extend Deadline for Defendants to file Qualified Immunity Summary Judgment Motions by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
February 8, 2010 Filing 223 Certificate of Service of Defendants' Lambert and O'Callaghan Supplemental Responses to Request for Production of Documents by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
January 28, 2010 Filing 222 Certificate of Service of Defendants' Lambert and O'Callaghan Supplemental Responses to Request for Production of Documents by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
January 28, 2010 Filing 221 Certificate of Serving Plaintiff's Second Request for Production of Documents to Defendant County of Douglas, Nebraska by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
January 28, 2010 Filing 220 Certificate of Serving Plaintiff's Second Set of Interrogatories to Defendant County of Douglas, Nebraska by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers.(Parling, Brittany)
January 25, 2010 Opinion or Order Filing 219 TEXT ORDER granting #218 Motion to Extend. The Scheduling Order #182 is amended as follows. Any motions for summary judgment based on qualified immunity shall be filed not later than March 22, 2010. See NECivR 56.1 and 7.0.1. A telephone planning conference with the undersigned magistrate judge in conjunction with both cases will be held on March 30, 2010, at 11:00 a.m. Central Standard Time. Counsel for Mr. Livers will initiate the conference. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
January 22, 2010 Filing 218 MOTION to Extend Deadline to File Qualified Immunity Summary Judgment Motions and Continue Status Conference Order, Set/Reset All Deadlines,,,, #182 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass, County of, Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
January 15, 2010 Filing 217 NOTICE of Serving Rule 26 Disclosures (First Supplement) by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Carlson, Diane)
January 15, 2010 Filing 216 NOTICE by Attorney Steven J. Lefler on behalf of Defendant David Kofoed (Lefler, Steven)
January 15, 2010 Filing 215 NOTICE by Attorney Steven J. Lefler on behalf of Defendant David Kofoed (Lefler, Steven)
January 14, 2010 Filing 214 NOTICE of Serving Defendants' First Supplement to their Responses to Plaintiff's Interrogatories and Requests for Production of Documents by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Carlson, Diane)
January 12, 2010 Filing 213 NOTICE to Take Deposition of Charles Phillips on February 9, 2010 at 9:30 am by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers (Parling, Brittany)
January 12, 2010 Filing 212 NOTICE to Take Deposition of Lawrence Burke on February 8, 2010 at 9:30 am by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers (Parling, Brittany)
January 8, 2010 Filing 211 NOTICE to Take Deposition of William Lambert on January 22, 2010 at 9:30 am by Attorney Brittany D. Parling on behalf of Plaintiff Matthew Livers (Parling, Brittany)
December 21, 2009 Filing 210 APPLICATION/ORDER admitting pro hac vice Attorney Brittany D. Parling for Plaintiff Matthew Livers. Ordered by Deputy Clerk. (Copy mailed)(PCV, )
December 18, 2009 Filing 209 NOTICE regarding Notice to Take Deposition #201 , Notice to Take Deposition #204 , Notice to Take Deposition #205 (Defendants Douglas County and Tim Dunning's Notice of Objection) by Attorney Timothy K. Dolan on behalf of Defendants County of Douglas, Nebraska, Tim Dunning (Dolan, Timothy)
December 15, 2009 Filing 208 NOTICE OF SERVING DEFENDANT'S PRODUCTION OF DOCUMENTS AND INTERROGATORIES by Attorney Steven J. Lefler on behalf of Defendant David Kofoed (Lefler, Steven)
December 14, 2009 Filing 207 NOTICE of Serving Answers to Request for Production of Documents by Attorney Steven J. Lefler on behalf of Defendant David Kofoed (Lefler, Steven)
December 11, 2009 Filing 206 NOTICE to Take Deposition of Charles Phillips on January 14, 2010 at 9:30 a.m. by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers (Bowman, Locke)
December 11, 2009 Filing 205 NOTICE to Take Deposition of Christine Gabig on January 19, 2010 at 9:30 a.m. by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers (Bowman, Locke)
December 11, 2009 Filing 204 NOTICE to Take Deposition of C. L. Retelsdorf on January 20, 2010 at 9:30 a.m. by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers (Bowman, Locke)
December 11, 2009 Filing 203 NOTICE to Take Deposition of James Rohr on February 2, 2010 at 10:00 a.m. by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers (Bowman, Locke)
December 11, 2009 Filing 202 NOTICE to Take Deposition of Lawrence Burke on January 15, 2010 at 9:30 a.m. by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers (Bowman, Locke)
December 11, 2009 Filing 201 NOTICE to Take Deposition of Tim Dunning on January 21, 2010 at 9:30 a.m. by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers (Bowman, Locke)
December 11, 2009 Filing 200 NOTICE to Take Deposition of William Lambert on January 13, 2010 at 9:30 a.m. by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers (Bowman, Locke)
December 8, 2009 Filing 199 Certificate of Mailing Answers to Defendant Dumming's Interrogatories by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
December 8, 2009 Filing 198 Certificate of Mailing Answers to Defendant Dunning's Document Production Requests by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
December 8, 2009 Filing 197 Certificate of Mailing Answers to Douglas County's Interrogatories by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
December 8, 2009 Filing 196 Certificate of Mailing Answers to Douglas County's Document Production Requests by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
November 17, 2009 Filing 195 Certificate of Serving Defendants Douglas County and Tim Dunning's Discovery Responses to Plaintiff by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning.(Carlson, Diane)
November 6, 2009 Filing 194 Certificate of Serving Defendants Tim Dunning and Douglas County Rule 26 Disclosures by Attorney Diane M. Carlson on behalf of Defendants County of Douglas, Nebraska, Tim Dunning.(Carlson, Diane)
November 5, 2009 Filing 193 TEXT STRIKE ORDER that Pursuant to General Order Number 2006-01, the Motion to Strike #191 is stricken for the following reason(s): the document is a duplicate of document number #190 . Ordered by Deputy Clerk. (PCV, )
November 5, 2009 Filing 192 NOTICE COMPLIANCE WITH RULE 26 REQUIREMENTS by Attorney Steven J. Lefler on behalf of Defendant David Kofoed (Lefler, Steven)
November 5, 2009 Filing 191 STRICKEN - MOTION to Strike Notice (Other) #190 by Attorney Steven J. Lefler on behalf of Defendant David Kofoed.(Lefler, Steven) Modified on 11/5/2009 to add the word Stricken per order 193 (PCV, ).
November 5, 2009 Filing 190 NOTICE regarding Notice (Other) #189 NOTICE OF SERVING DISCOVERY by Attorney Steven J. Lefler on behalf of Defendant David Kofoed (Lefler, Steven)
November 5, 2009 Filing 189 NOTICE of Serving Discovery Upon Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant Tim Dunning (Dolan, Timothy)
November 5, 2009 Filing 188 NOTICE of Serving Discovery Upon Plaintiff by Attorney Timothy K. Dolan on behalf of Defendant County of Douglas, Nebraska (Dolan, Timothy)
October 15, 2009 Filing 187 Certificate of Mailing Requests for Production of Documents to David Kofoed by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
October 15, 2009 Filing 186 Certificate of Mailing Interrogatories to Tim Dunning by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
October 15, 2009 Filing 185 Certificate of Mailing Interrogatories to Douglas County by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
October 15, 2009 Filing 184 Certificate of Mailing Requsts for Production of Documents to Tim Dunning by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
October 15, 2009 Filing 183 Certificate of Filing Requests for Production of Documents to Douglas County by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
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 56.1 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)
September 11, 2009 Filing 180 Unopposed MOTION to Continue by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of.(Sturzenegger, Kimberly)
September 10, 2009 Opinion or Order Filing 179 ORDER - Telephone Conference set for 10/2/2009 at 11:00 AM Central Standard Time to be held with Magistrate Judge Thomas D. Thalken.Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
August 25, 2009 Filing 178 David Kofoed's ANSWER to Complaint Plaintiff's First Amended Complaint by Attorney Steven J. Lefler on behalf of Defendant David Kofoed Restricted Document, #169 filed by Matthew Livers (Lefler, Steven)
August 7, 2009 Filing 177 ANSWER to Complaint (Plaintiff's First Amended Complaint) by Attorney Diane M. Carlson on behalf of Defendants Tim Dunning, County of Douglas, Nebraska(Carlson, Diane)
July 6, 2009 Filing 176 WAIVER OF SERVICE Returned Executed upon defendant David Kofoed. Waiver sent on 6/26/2009. (Mullin, Robert)
June 26, 2009 Filing 175 ANSWER to Complaint First Amended Complaint Filing No. #169 by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan(Coffman, Frederick) Modified on 6/26/2009 to add brackets to filing number(LKH).
June 25, 2009 Filing 174 Summons Issued as to defendant David Kofoed. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (TCL )
June 25, 2009 Filing 173 Summons Requested as to David Kofoed regarding Restricted Document, #169 . (Mullin, Robert)
June 24, 2009 Filing 172 ANSWER to Complaint First Amended Complaint Filing No. #169 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of(Sturzenegger, Kimberly) Modified on 6/24/2009 to add brackets to filing number. (JAE).
June 16, 2009 Filing 171 WAIVER OF SERVICE Returned Executed upon defendant County of Douglas, Nebraska. Waiver sent on 6/10/2009. (Carlson, Diane)
June 16, 2009 Filing 170 WAIVER OF SERVICE Returned Executed upon defendant Tim Dunning. Waiver sent on 6/10/2009. (Carlson, Diane)
June 10, 2009 Filing 169 RESTRICTED DOCUMENT First Amended Complaint regarding MOTION for Protective Order #105 (ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT) - by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
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)
May 12, 2009 Filing 166 RESTRICTED DOCUMENT Plaintiff's Reply Brief in Support of Motion for Leave to File Amended Complaint regarding MOTION for Protective Order #105 , RESTRICTED MOTION - #158 (ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT) - by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
May 7, 2009 Opinion or Order Filing 165 TEXT ORDER granting #163 Motion to Extend. The plaintiff shall have until July 15, 2009, to file any opposition to the defendants' motions for summary judgment #75 and #78 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
May 6, 2009 Filing 164 INDEX in support of MOTION to Extend Time for filing Plaintiff's Responses to MOTION for Summary Judgment #75 , MOTION for Summary Judgment #78 #163 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Affidavit of Plaintiff's counsel Locke E. Bowman)(Bowman, Locke)
May 6, 2009 Filing 163 MOTION to Extend Time for filing Plaintiff's Responses to MOTION for Summary Judgment #75 , MOTION for Summary Judgment #78 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
May 5, 2009 Filing 162 RESTRICTED DOCUMENT Index of Documents in Opposition to Plaintiff's Motion to Amend and Add Parties regarding RESTRICTED MOTION - #158 (ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT) - by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of. (Attachments: #1 Exhibit Plaintiff's Rule 26 Disclosures to Defendants)(Sturzenegger, Kimberly)
May 5, 2009 Filing 161 RESTRICTED DOCUMENT Defendants' Brief Opposing Plaintiff's Motion to Amend and Add Parties regarding RESTRICTED MOTION - #158 (ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT) - by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of.(Sturzenegger, Kimberly)
April 28, 2009 Filing 160 TEXT NOTICE OF INDEX OF EVIDENCE #159 by Deputy Clerk. Pursuant to NECivR 7.1(a)(2) and (b)(2), evidence in support of a motion or brief shall be identified on an electronically-filed index of evidence. The index of evidence must identify the motion or brief to which it relates. Attachments to the index must be described using the System-generated prompt box. This notice is for your information for future filings.(TCL )
April 27, 2009 Filing 159 RESTRICTED DOCUMENT Brief in Support of Motion for Leave to File Amended Complaint regarding MOTION for Protective Order #105 (ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT) - by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit Indictment of David Kofoed)(Bowman, Locke)
April 27, 2009 Filing 158 RESTRICTED MOTION Motion for Leave to File Amended Complaint regarding MOTION for Protective Order #105 (ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT) - by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit Proposed First Amended Complaint (redline))(Bowman, Locke) Modified on 4/28/2009 to edit text (TJS).
April 8, 2009 Filing 157 Certificate regarding Affidavit #156 by Attorney Kimberly K. Sturzenegger on behalf of Defendant Earl Schenck.(Sturzenegger, Kimberly)
April 8, 2009 Filing 156 AFFIDAVIT (Substituted) by Defendant Earl Schenck regarding Index,,,, 80 , Index - Continued,, 81 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
April 6, 2009 Opinion or Order Filing 155 TEXT ORDER granting #154 Motion for Leave to File Replacement Affidavit by Defendant Earl Schenck forthwith. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
April 6, 2009 Filing 154 Unopposed MOTION for Leave to File a Substituted Affidavit by Defendant Schenck by Attorney Kimberly K. Sturzenegger on behalf of Defendant Earl Schenck.(Sturzenegger, Kimberly)
April 6, 2009 Filing 153 NOTICE to Take Deposition of Nathan Cox and William Lambert by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers (Bowman, Locke)
April 3, 2009 Opinion or Order Filing 152 ORDER denying #138 Motion to Quash. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
March 25, 2009 Filing 151 Certificate of Service of Defendant O'Callaghan's Answers to Plaintiff Livers' Third Set of Interrogatories and Document Production Requests by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
March 13, 2009 Filing 150 NOTICE to Take Deposition of Sandra Weyers by Videotape, Fourth Amended by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
March 12, 2009 Filing 149 NOTICE to Take Deposition of Sandra Weyers by Videotape, Third Amended by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
March 11, 2009 Filing 148 REPLY BRIEF in support of MOTION to Quash Deposition of Cox (Filing No. 136) #138 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of.(Sturzenegger, Kimberly)
March 10, 2009 Opinion or Order Filing 147 TEXT ORDER granting #146 Motion to Extend. The plaintiff shall have until May 11, 2009, to file any opposition to the defendants' motions for summary judgment #75 and #78 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
March 10, 2009 Filing 146 Unopposed MOTION to Extend Time for Filing Responses to MOTION for Summary Judgment #75 , MOTION for Summary Judgment #78 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
March 10, 2009 Opinion or Order Filing 145 RESTRICTED ORDER granting 141 Expedited Motion - This Order shall be filed under RESTRICTED access pursuant to NECivR 5.3. Ordered by Magistrate Judge Thomas D. Thalken. ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT(PCV, )
March 9, 2009 Opinion or Order Filing 144 TEXT ORDER. The Clerk of Court shall place the plaintiff's MOTION 141 , Index 143 and Brief 142 under RESTRICTED ACCESS pursuant to NECivR 5.3 due to the sensitive nature of these documents. All future filings related to the plaintiff's motion shall also be filed under RESTRICTED ACCESS. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
March 4, 2009 Filing 140 RESPONSE regarding MOTION to Quash Deposition of Cox (Filing No. 136) #138 , Brief #139 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
February 18, 2009 Filing 139 BRIEF in support of MOTION to Quash Deposition of Cox (Filing No. 136) #138 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of.(Sturzenegger, Kimberly)
February 18, 2009 Filing 138 MOTION to Quash Deposition of Cox (Filing No. 136) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of.(Sturzenegger, Kimberly)
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)
February 6, 2009 Filing 136 NOTICE to Take Deposition of Nathan Cox and William Lambert by Videotape by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
February 6, 2009 Filing 135 NOTICE to Take Deposition of Sandra Weyers by Videotape, Second Amended by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
January 15, 2009 Filing 134 NOTICE to Take Deposition of Charles O'Callaghan, David Kofoed, Sandra Weyers, Earl Schenck by videotape (Amended) by Attorney Robert W. Mullin on behalf of Plaintiff Matthew Livers (Mullin, Robert)
January 7, 2009 Filing 133 REPLY BRIEF in opposition to Brief #132 , MOTION for Hearing #121 on Objections to proposed subpoena to Cass County Attorney by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
December 30, 2008 Filing 132 BRIEF in opposition to MOTION for Hearing #121 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of.(Sturzenegger, Kimberly)
December 29, 2008 Opinion or Order Filing 131 ORDER granting (136) Motion for Severance; denying (141) Motion to Strike Protective Order; terminating (149) Motion for Hearing in case 8:07cv155; granting (108) Motion for Severance; denying (113) Motion to Strike Protective Order in case 8:08cv107. The Clerk of Court shall amend the docket to reflect a consolidation order no longer governs Nicholas Sampson v. Earl Schenck, et al., 8:07CV155, and Matthew Livers v. Earl Schenk, et al., 8:08CV107. Member Cases: 8:07cv155, 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
December 24, 2008 Filing 130 Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
December 22, 2008 Filing 129 Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
December 22, 2008 Filing 128 Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
December 17, 2008 Opinion or Order Filing 127 ORDER granting (112) Motion to Extend; denying (113) Motion to Stay; denying (115) Motion to Stay in case 8:07cv155; and granting (84) Motion to Extend; denying (85) Motion to Stay; denying (87) Motion to Stay in case 8:08cv107. The parties may continue to engage in discovery on any issue raised in the defendants' motions for summary judgment. The plaintiffs shall have until March 27, 2009, to file any oppositions to the defendants' motions for summary judgment ((103) and (106) in 8:07cv155 and (75) and (78) in 8:08cv107). Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
December 17, 2008 Opinion or Order Filing 126 ORDER denying (153) Motion to Quash in case 8:07cv155; denying (125) Motion to Quash in case 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
December 17, 2008 Filing 125 MOTION to Quash Notice to Take Deposition by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
December 17, 2008 Filing 124 Certificate of Service of Responses to Plaintiff Sampson's Interrogatories and Requests for Production (Fifth Set) by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
December 16, 2008 Filing 123 NOTICE to Take Deposition of Earl Schenck, Sandra Weyers, David Kofoed, William Lambert and Charles O'Callaghan by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
December 16, 2008 Filing 122 INDEX in support of MOTION for Hearing on Cass County Defendants' Objections to Notice of Intent to Subpoena Documents from the Cass County Attorney(149 in 8:07-cv-00155-JFB-TDT, 121 in 8:08-cv-00107-JFB-TDT) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Exhibit A (Notice of Intent to Subpoena Documents from the Cass County Attorney), #2 Exhibit B (Cass County Objections to Notice of Intent to Subpoena Documents from the Cass County Attorney), #3 Exhibit C (Correspondence from Bowman to Sturzenegger re Cass County Objections))Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
December 16, 2008 Filing 121 MOTION for Hearing on Cass County Defendants' Objections to Notice of Intent to Subpoena Documents from the Cass County Attorney by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
December 11, 2008 Filing 120 Certificate of Service of Amended Answers to Plaintiff Livers' Second Interrogatories and Requests for Production by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
December 8, 2008 Filing 119 Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
December 5, 2008 Filing 118 Certificate of Service of Supplemental Responses to Plaintiff Sampson's Requests for Production of Documents (Fourth Set) by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
December 2, 2008 Filing 117 Certificate of Service of Defendants' Lambert and O'Callaghan Responses to Plaintiff Sampson's Requests for Production of Documents (Fourth Set) by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
December 2, 2008 Filing 116 Certificate of Service of Defendants' Lambert and O'Callaghan Responses to Plaintiff Sampson's Requests for Production of Documents (Third Set) by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
December 1, 2008 Filing 115 Certificate of Serving Second Interrogatories and Third Document Production Requests to Defendants Schenck and Weyers by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
December 1, 2008 Filing 114 Certificate of Serving Second Interrogatories and Third Document Production Requests to Defendant Cass County by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
December 1, 2008 Filing 113 MOTION to Strike Protective Order,,,,,,,, (135 in 8:07-cv-00155-JFB-TDT, 107 in 8:08-cv-00107-JFB-TDT) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Affidavit of Locke E. Bowman)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
November 25, 2008 Filing 112 RESPONSE regarding MOTION for Severance(136 in 8:07-cv-00155-JFB-TDT, 108 in 8:08-cv-00107-JFB-TDT) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
November 25, 2008 Filing 111 Certificate of Service of Defendants Lambert and O'Callaghan's Amended Responses to Plaintiff Livers' Second Request for Production of Documents by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
November 24, 2008 Filing 110 BRIEF in support of MOTION for Severance(136 in 8:07-cv-00155-JFB-TDT, 108 in 8:08-cv-00107-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
November 24, 2008 Filing 109 INDEX in support of MOTION for Severance(136 in 8:07-cv-00155-JFB-TDT, 108 in 8:08-cv-00107-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. (Attachments: #1 Affidavit Affidavit of Nick Sampson, #2 Affidavit Affidavit of Maren Lynn Chaloupka, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
November 24, 2008 Filing 108 MOTION for Severance by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
November 21, 2008 Opinion or Order Filing 107 STIPULATED PROTECTIVE ORDER - The Douglas County Sheriff's Department shall provide Plaintiff's counsel with one copy of the Internal Affairs Unit records sought by the Subpoena Duces Tecum subject to the terms of this Order. The Internal Affairs Unit records shall be placed in one or more envelopes marked CONFIDENTIAL MATERIAL and shall be maintained separate from, and not commingled with, any other document or items. Except as hereinafter provided or upon further order of the Court, no item in the confidential material nor any description or summary of its contents may be revealed to any person or entity except to the following parties in this action: Locke E. Bowman, Steven A. Drizin and Robert W. Mullin, attorneys for plaintiff Matthew Livers; Maren Chaloupka, attorney for Nicholas Sampson; Frederick Coffman, Attorney for defendants William Lambert and Charles OCallaghan; and Kim K. Sturzenegger, attorney for defendants Earl Schenck, Sandra Weyers, and Cass County, Nebraska; those law school interns, secretaries, and paralegals employed by the aforementioned attorneys who are assisting counsel in this action; any person retained by the plaintiffs or defendants as an expert in this action; and the Court. At the conclusion of this case all confidential material, including all copies, received pursuant to this Order shall be returned to counsel for Douglas County/Douglas County Sheriffs Department unless otherwise ordered by the Court. This Protective Order shall not terminate upon the conclusion of this action but shall continue until the further order of the Court or until Douglas County/Douglas County Sheriffs Department has waived confidentiality in writing. The Court may impose sanctions with respect to any person or entity improperly granting access to material subject to this Protective Order. Any person or entity, whether or not a party, violating the Protective Order may be punished for contempt of Court. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (MKR)
November 21, 2008 Filing 106 TEXT NOTICE REGARDING PROPOSED ORDER #105 by Deputy Clerk. Pursuant to NECivR 7.2, a moving party shall submit a proposed order to the judge. Electronically submitted proposed orders may not be combined with the motion into one document. The proposed order should be e-mailed in a word-processing format to the assigned judge. This notice is for your information for future filings.(TCL)
November 20, 2008 Filing 105 Unopposed MOTION for Protective Order regarding Douglas County Documents by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Text of Proposed Order Proposed Stipulated Protective Order regarding Douglas County Documents)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
November 13, 2008 Filing 104 Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
November 13, 2008 Filing 103 Certificate of Service of Answers to Plaintiff Livers' Second Interrogatories and Requests for Production by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
November 7, 2008 Filing 102 Certificate of Service of Defendants' Lambert and O'Callaghan Responses to Plaintiff Livers' Second Request for Production of Documents by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
November 4, 2008 Filing 101 REPLY BRIEF in support of MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT) MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT)(85 in 8:08-cv-00107-JFB-TDT, 113 in 8:07-cv-00155-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers, Earl Schenck, Sandra Weyers, Cass, County of.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
November 3, 2008 Filing 100 BRIEF in opposition to Brief, (96 in 8:08-cv-00107-JFB-TDT, 124 in 8:07-cv-00155-JFB-TDT) by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
October 30, 2008 Filing 99 INDEX in opposition to MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT) MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT)(85 in 8:08-cv-00107-JFB-TDT, 113 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson. ATTACHMENTS MAINTAINED IN CLERKS OFFICE IN CASE 8:07cv155. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(MKR)
October 29, 2008 Filing 98 REPLY BRIEF in support of MOTION to Stay(87 in 8:08-cv-00107-JFB-TDT, 115 in 8:07-cv-00155-JFB-TDT), Brief, (117 in 8:07-cv-00155-JFB-TDT, 89 in 8:08-cv-00107-JFB-TDT) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
October 28, 2008 Filing 97 Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
October 28, 2008 Filing 96 BRIEF in opposition to MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT) MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT)(85 in 8:08-cv-00107-JFB-TDT, 113 in 8:07-cv-00155-JFB-TDT) by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
October 28, 2008 Filing 95 Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
October 28, 2008 Filing 94 Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
October 28, 2008 Filing 93 BRIEF in opposition to MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT) MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT)(85 in 8:08-cv-00107-JFB-TDT, 113 in 8:07-cv-00155-JFB-TDT), Brief,, (86 in 8:08-cv-00107-JFB-TDT) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
October 22, 2008 Filing 92 Certificate of Serving Discovery Answers by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
October 22, 2008 Filing 91 Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
October 22, 2008 Filing 90 INDEX in support of Brief, (117 in 8:07-cv-00155-JFB-TDT, 89 in 8:08-cv-00107-JFB-TDT) Defendants' Joint Index by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan. (Attachments: #1 Exhibit Exhibit 101, #2 Exhibit Exhibit 102)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
October 22, 2008 Filing 89 BRIEF in opposition to MOTION to Extend(112 in 8:07-cv-00155-JFB-TDT, 84 in 8:08-cv-00107-JFB-TDT) Defendants' Schenck, Weyers, Lambert, and O'Callaghan, Joint Brief by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
October 20, 2008 Filing 88 TEXT NOTICE OF INDEX OF EVIDENCE #87 by Deputy Clerk. Pursuant to NECivR 7.1(a)(2) and (b)(2), evidence in support of a motion or brief shall be identified on an electronically-filed index of evidence. The index of evidence must identify the motion or brief to which it relates. Attachments to the index must be described using the System-generated prompt box. This notice is for your information for future filings.(TCL)
October 17, 2008 Filing 87 MOTION to Stay Briefing of Pending Summary Judgment Motions by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers. (Attachments: #1 Affidavit of counsel pursuant to Rule 56(f))Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
October 14, 2008 Filing 86 BRIEF in support of MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT) MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT)(85 in 8:08-cv-00107-JFB-TDT, 113 in 8:07-cv-00155-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers, Earl Schenck, Sandra Weyers, Cass, County of.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
October 14, 2008 Filing 85 MOTION to Stay regarding MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers, Earl Schenck, Sandra Weyers, Cass, County of.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
October 9, 2008 Filing 84 MOTION to Extend by Attorney Maren L. Chaloupka on behalf of Plaintiff Nicholas Sampson.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Chaloupka, Maren)
October 9, 2008 Filing 83 Certificate of Serving Plaintiff's Second Request for Production of Documents to Defendants Earl Schenck, Sandra Weyers, William Lambert, Charles O'Callaghan, and County of Cass, Nebraska by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
October 9, 2008 Filing 82 Certificate of Serving Livers' Second Interrogatories and Requests for Production to Defendants William Lambert and Charles O'Callaghan by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Bowman, Locke)
October 2, 2008 Filing 79 BRIEF in support of MOTION for Summary Judgment(78 in 8:08-cv-00107-JFB-TDT, 106 in 8:07-cv-00155-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandy Weyers, Earl Schenck, Sandra Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
October 2, 2008 Filing 78 Joint MOTION for Summary Judgment by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandy Weyers, Earl Schenck, Sandra Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
October 2, 2008 Filing 77 Certificate regarding MOTION for Summary Judgment(103 in 8:07-cv-00155-JFB-TDT), MOTION for Summary Judgment(75 in 8:08-cv-00107-JFB-TDT) of Serving Joint Index of Evidence by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
October 2, 2008 Filing 76 BRIEF in support of MOTION for Summary Judgment #75 by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
October 2, 2008 Filing 75 MOTION for Summary Judgment by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
September 29, 2008 Filing 74 Certificate of Serving Responses to Defendant Lambert and O'Callaghan's Interrogatories, Requests for Admission and Document Production Requests by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
September 10, 2008 Opinion or Order Filing 73 ORDER granting (101) Motion to Extend in case 8:07-cv-00155-JFB-TDT and granting (72) Motion to Extend in case 8:08-cv-00107-JFB-TDT. The telephone planning conference with the undersigned magistrate judge is continued to October 23, 2008 at 9:00 a.m. Counsel for the defendants William Lamber and Charles O'Callagnhan shall initiate the telephone conference. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (MKR)
September 9, 2008 Filing 72 MOTION to Extend Time to Conduct Planning Conference With U.S. Magistrate Judge Thalken by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
September 8, 2008 Filing 71 ANSWER to Complaint by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of(Sturzenegger, Kimberly)
August 28, 2008 Filing 70 Certificate of Serving Defendants Lambert and O'Callaghan's Requests for Interrogatories, Admissions and Production from Plaintiff Livers by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
August 27, 2008 Opinion or Order Filing 69 TEXT ORDER granting (98) Motion to Extend in case 8:07cv155-JFB-TDT; granting (68) Motion to Extend in case 8:08cv107-JFB-TDT. The deadline for filing motions for summary judgment based on qualified immunity is extended until October 2, 2008. The telephone planning conference previously scheduled for September 16, 2008, is continued to October 14, 2008, at 2:30 p.m. Counsel for the defendants William Lambert and Charles O'Callagnhan shall initiate the telephone conference. Member Cases: 8:07cv155-JFB-TDT, 8:08cv107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
August 27, 2008 Filing 68 MOTION to Extend Time to File a Motion for Summary Judgment on Grounds of Qualified Immunity by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
August 22, 2008 Opinion or Order Filing 67 MEMORANDUM AND ORDER denying #23 , #27 and #29 of the Defendant's Motion to Dismiss. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
August 21, 2008 Filing 66 Certificate of Serving Discovery Answers by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers, Earl Schenck, Sandra Weyers, Cass, County of.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
August 20, 2008 Filing 65 Certificate of Service-Defendants' Lambert and O'Callaghan Responses to Plaintiff Livers' Request for Production of Documents by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
August 20, 2008 Filing 64 Certificate of Service-Defendants' Lambert and O'Callaghan Answers to Plaintiff Livers' First Set of Interrogatories by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
August 11, 2008 Filing 63 Certificate of Service of Defendants' Lambert and O'Callaghan Third Supplemental Responses to Plaintiff's Interrogatories and Requests for Production by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
August 6, 2008 Opinion or Order Filing 62 TEXT ORDER granting #60 Motion to Extend. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
August 6, 2008 Opinion or Order Filing 61 TEXT ORDER granting (92) Motion to Extend in case 8:07-cv-00155-JFB-TDT. The defendants William Lambert and Charles O'Callaghan shall have until August 20, 2008, to serve their discovery responses. See NECivR 29.1 and 34.1. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
August 4, 2008 Filing 60 MOTION to Extend Time to File Answers and Discovery Documents by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
July 21, 2008 Filing 59 Certificate of Serving Objections by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers, Cass, County of.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
July 17, 2008 Opinion or Order Filing 58 TEXT ORDER granting #87 Motion to Extend in case 8:07-cv-00155-JFB-TDT; granting #56 Motion to Extend in case 8:08-cv-00107-JFB-TDT. The defendants shall have until September 2, 2008, to file any motions for summary judgment based on qualified immunity. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
July 17, 2008 Filing 57 INDEX in support of MOTION to Extend(56 in 8:08-cv-00107-JFB-TDT, 87 in 8:07-cv-00155-JFB-TDT) by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandy Weyers. (Attachments: #1 Affidavit Counsel for Defendants Schenck and Weyers)Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
July 17, 2008 Filing 56 MOTION to Extend Time to File a Motion for Summary Judgment on Grounds of Qualified Immunity by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandy Weyers.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
July 14, 2008 Filing 55 Certificate of Serving Objections to Plaintiff Livers' Notice of Intent to Request Discovery from a Non-party without a Deposition and the Subpoena to Keeper of Records for Nebraska State Patrol by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
July 14, 2008 Filing 54 Certificate of Serving Objections to Plaintiff Livers' Notice of Intent to Request Discovery from a Non-party without a Deposition and the Subpoena to Nebraska State Patrol by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
July 10, 2008 Filing 53 Certificate of Service of Amended Rule 26(f) Disclosures of Defendants Lambert and O'Callaghan by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
July 10, 2008 Filing 52 Certificate of Serving Objections by Attorney Kimberly K. Sturzenegger on behalf of Defendants Cass County Sheriff's Office, Earl Schenck, Sandy Weyers, Earl Schenck, Sandra Weyers, Cass, County of.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Sturzenegger, Kimberly)
July 9, 2008 Filing 51 Certificate of Service of Defendants' Lambert and O'Callaghan Responses to Plaintiff's Interrogatories and Requests for Production (Second Set) by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan, William Lambert, Charles O'Callaghan.Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT(Coffman, Frederick)
July 2, 2008 Filing 50 TEXT NOTICE REGARDING ELECTRONIC SIGNATURE re Certificate #49 by Deputy Clerk. This document does not comply with NECivR 11.1(a) regarding signatures. This notice is for your information for future filings.(MKR)
July 1, 2008 Filing 49 Certificate of Service by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of.(Sturzenegger, Kimberly)
June 30, 2008 Opinion or Order Filing 48 ORDER that Nicholas Sampson v. Earl Schenck, et al., 8:07CV155, and Matthew Livers v. Earl Schenk, et al., 8:08CV107 are hereby consolidated for purposes of discovery only; Case No. 8:07CV155 is hereby designated as the "Lead Case." Case No. 8:08CV107 is hereby designated as the "Member Case." The parties are instructed to file all further documents (except those described in paragraph 4) in the Lead Case, No.8:07CV155, and to select the option "yes" in response to the System's question whether to spread the text. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
June 30, 2008 Filing 47 Certificate of Service of Rule 26(a)(1) Disclosures by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
June 30, 2008 Filing 46 Certificate of Service of Rule 26(f) Disclosures of Defendants Lambert and O'Callaghan by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
June 20, 2008 Opinion or Order Filing 45 ORDER - On the oral motion of counsel for the defendants and with said counsel's representation that no other party objects to the request, the telephone planning conference previously set for September 9, 2008 at 9:30 a.m. is cancelled and is rescheduled for September 16, 2008 at 9:00 a.m. before the undersigned magistrate judge. Frederick J. Coffman shall initiate the telephone conference.Ordered by Magistrate Judge Thomas D. Thalken. (TCL)
June 12, 2008 Filing 44 ANSWER to Complaint by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan(Coffman, Frederick)
June 12, 2008 Opinion or Order Filing 43 ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE - Counsel for plaintiff(s) shall initiate the planning conference call to the court at 9:30a.m. on 9/9/2008. Counsel shall notify the undersigned magistrate judge by joint or separate letters by August 18, 2008 addressing mediation requirements. Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
June 12, 2008 Opinion or Order Filing 42 ORDER denying #25 Motion to Stay; denying #31 Motion to Stay; granting #34 Motion for Leave to file brief. The brief need not be refiled. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
June 10, 2008 Opinion or Order Filing 41 REASSIGNMENT ORDER - It is come to this courts attention that this case is related to 8:07CV155 Nicholas Sampson v. Inv. Earl Schenck, et al. Accordingly, IT IS ORDERED that this case is reassigned to District Judge Joseph F. Bataillon for disposition and remains assigned to Magistrate Judge Thomas D. Thalken for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Joseph F. Bataillon. (ADB)
June 2, 2008 Filing 40 REPORT of Rule 26(f) Planning Meeting by Attorney Locke E. Bowman on behalf of Defendants Earl Schenck, William Lambert, Charles O'Callaghan, Sandra Weyers, Cass, County of, Plaintiff Matthew Livers.(Bowman, Locke)
May 30, 2008 Opinion or Order Filing 39 ORDER that the joint motion of all parties for leave to file report of planning conference #38 is granted; the parties shall have until June 4, 2008, to file their report of planning conference. Ordered by Senior Judge Lyle E. Strom. (CJP)
May 29, 2008 Filing 38 Joint MOTION for Leave to File Report of Planning Conference by Attorney Locke E. Bowman on behalf of Defendants Earl Schenck, William Lambert, Charles O'Callaghan, Sandra Weyers, Cass, County of, Plaintiff Matthew Livers.(Bowman, Locke)
May 22, 2008 Filing 37 BRIEF in opposition to MOTION to Dismiss Defendants Schenck and Weyers #29 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
May 22, 2008 Filing 36 BRIEF in opposition to MOTION to Dismiss Defendant Cass County #27 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
May 21, 2008 Filing 35 BRIEF in opposition to MOTION to Stay Case Progression #31 by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
May 7, 2008 Filing 34 MOTION for Leave to File Response to the Lambert and O'Callaghan Motion to Stay (Doc. No. 25) by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
May 7, 2008 Filing 33 BRIEF in opposition to MOTION to Dismiss #23 by defendants Lambert and O'Callaghan by Attorney Locke E. Bowman on behalf of Plaintiff Matthew Livers.(Bowman, Locke)
May 7, 2008 Filing 32 BRIEF in support of MOTION to Stay Case Progression #31 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of.(Sturzenegger, Kimberly)
May 7, 2008 Filing 31 MOTION to Stay Case Progression by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of.(Sturzenegger, Kimberly)
May 2, 2008 Filing 30 BRIEF in support of MOTION to Dismiss Defendants Schenck and Weyers #29 by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
May 2, 2008 Filing 29 MOTION to Dismiss Defendants Schenck and Weyers by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers.(Sturzenegger, Kimberly)
May 2, 2008 Filing 28 BRIEF in support of MOTION to Dismiss Defendant Cass County #27 by Attorney Kimberly K. Sturzenegger on behalf of Defendant Cass, County of.(Sturzenegger, Kimberly)
May 2, 2008 Filing 27 MOTION to Dismiss Defendant Cass County by Attorney Kimberly K. Sturzenegger on behalf of Defendant Cass, County of.(Sturzenegger, Kimberly)
April 17, 2008 Filing 26 BRIEF in support of MOTION to Stay #25 by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
April 17, 2008 Filing 25 MOTION to Stay by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
April 17, 2008 Filing 24 BRIEF in support of MOTION to Dismiss #23 by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
April 17, 2008 Filing 23 MOTION to Dismiss by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
April 15, 2008 Opinion or Order Filing 22 SCHEDULING PACKET - Rule 26 Meeting Report Deadline set for 5/23/2008.Ordered by Senior Judge Lyle E. Strom. (CJP)
April 1, 2008 Filing 21 TEXT ORDER granting #20 Motion for Extension of Time to Answer. Earl Schenck answer due 5/2/2008; Sandra Weyers answer due 5/2/2008; Cass, County of answer due 5/2/2008. Ordered by Deputy Clerk. (CJP)
April 1, 2008 Filing 20 MOTION for Extension of Time to File Answer by Attorney Kimberly K. Sturzenegger on behalf of Defendants Earl Schenck, Sandra Weyers, Cass, County of.(Sturzenegger, Kimberly)
April 1, 2008 Filing 19 TEXT ORDER granting #18 Motion for Extension of Time to Answer. William Lambert answer due 5/1/2008; Charles O'Callaghan answer due 5/1/2008. Entered by Deputy Clerk. (JAE, )
March 31, 2008 Filing 18 MOTION for Extension of Time to File Answer by Attorney Frederick J. Coffman on behalf of Defendants William Lambert, Charles O'Callaghan.(Coffman, Frederick)
March 24, 2008 Filing 17 SUMMONS Returned Executed upon defendant Charles O'Callaghan on 3/20/2008. (Mullin, Robert)
March 21, 2008 Filing 16 SUMMONS Returned Executed upon defendant William Lambert on 3/20/2008. (Mullin, Robert)
March 18, 2008 Filing 15 SUMMONS Returned Executed upon defendant Earl Schenck on 3/14/2008. (Mullin, Robert)
March 14, 2008 Filing 14 SUMMONS Returned Executed upon defendant Cass, County of on 3/13/2008. (Mullin, Robert)
March 14, 2008 Filing 13 SUMMONS Returned Executed upon defendant Sandra Weyers on 3/13/2008. (Mullin, Robert)
March 12, 2008 Filing 10 Summons Issued (COPY) as to defendant Earl Schenck, William Lambert, Charles O'Callaghan, Sandra Weyers, County of Cass, Nebraska. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (TCL)
March 12, 2008 Filing 9 Summons Requested as to William Lambert regarding Complaint, #1 . (Mullin, Robert)
March 12, 2008 Filing 8 Summons Requested as to Charles O'Callaghan regarding Complaint, #1 . (Mullin, Robert)
March 11, 2008 Filing 12 APPLICATION/ORDER admitting pro hac vice Attorney Locke E. Bowman for Plaintiff Matthew Livers. Ordered by Deputy Clerk. (CJP)
March 11, 2008 Filing 11 APPLICATION/ORDER admitting pro hac vice Attorney Steven A. Drizin for Plaintiff Matthew Livers. Ordered by Deputy Clerk. (CJP)
March 11, 2008 Filing 7 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Lyle E. Strom and Magistrate Judge Thomas D. Thalken assigned. (TCL)
March 11, 2008 Filing 6 Summons Requested as to County of Cass, Nebraska regarding Complaint, #1 . (Mullin, Robert)
March 11, 2008 Filing 5 Summons Requested as to Sandra Weyers regarding Complaint, #1 . (Mullin, Robert)
March 11, 2008 Filing 4 Summons Requested as to Charles O'Callaghan regarding Complaint, #1 . (Mullin, Robert)
March 11, 2008 Filing 3 Summons Requested as to William Lambert regarding Complaint, #1 . (Mullin, Robert)
March 11, 2008 Filing 2 Summons Requested as to Earl Schenck regarding Complaint, #1 . (Mullin, Robert)
March 11, 2008 Filing 1 COMPLAINT with jury demand against Earl Schenck, William Lambert, Charles O'Callaghan, Sandra Weyers, County of Cass, Nebraska ( Filing fee $ 350, receipt number 08670000000001147827), by Attorney Robert W. Mullin on behalf of Matthew Livers(Mullin, Robert)

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Search for this case: Livers v. Schenck et al
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Garnishee: St. Paul Fire and Marine Insurance Company
Represented By: James A. Snowden
Represented By: Jean M. Golden
Represented By: John D. Hackett
Represented By: Krista M. Carlson
Represented By: Stephen L. Ahl
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Garnishee: The Saint Paul Travelers Companies, Inc.
Represented By: James A. Snowden
Represented By: Jean M. Golden
Represented By: John D. Hackett
Represented By: Krista M. Carlson
Represented By: Stephen L. Ahl
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Plaintiff: Matthew Livers
Represented By: Brittany D. Parling
Represented By: David M Shapiro
Represented By: Julia T. Rickert
Represented By: Locke E. Bowman
Represented By: Robert W. Mullin
Represented By: Steven A. Drizin
Represented By: Tyler U. Nims
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Defendant: Earl Schenck
Represented By: David D. Cookson
Represented By: Jennifer M. Tomka
Represented By: Kimberly K. Sturzenegger
Represented By: Richard L. Boucher
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Defendant: William Lambert
Represented By: David D. Cookson
Represented By: David A. Lopez
Represented By: Frederick J. Coffman
Represented By: James D. Smith
Represented By: Kari A. F. Scheer
Represented By: Katherine J. Spohn
Represented By: Ryan S. Post
Represented By: Stephanie A. Caldwell
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Defendant: Charles O'Callaghan
Represented By: David D. Cookson
Represented By: David A. Lopez
Represented By: Frederick J. Coffman
Represented By: James D. Smith
Represented By: Kari A. F. Scheer
Represented By: Katherine J. Spohn
Represented By: Ryan S. Post
Represented By: Stephanie A. Caldwell
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Defendant: Sandra Weyers
Represented By: David D. Cookson
Represented By: Jennifer M. Tomka
Represented By: Kimberly K. Sturzenegger
Represented By: Richard L. Boucher
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Defendant: Cass, County of
Represented By: David D. Cookson
Represented By: Jennifer M. Tomka
Represented By: Kimberly K. Sturzenegger
Represented By: Richard L. Boucher
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Defendant: David Kofoed
Represented By: Steven J. Lefler
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Defendant: Tim Dunning
Represented By: David D. Cookson
Represented By: Diane M. Carlson
Represented By: Timothy K. Dolan
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Defendant: County of Douglas, Nebraska
Represented By: David D. Cookson
Represented By: Diane M. Carlson
Represented By: Timothy K. Dolan
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