February 14, 2013 |
Filing
240
ORDER OF DISMISSAL on the 239 Joint Stipulation for Dismissal with prejudice filed by the parties. All remaining parties and causes of action herein are hereby dismissed with prejudice, with each party to bear its own costs and attorneys fees incurred. Ordered by Judge Joseph F. Bataillon. (MKR)
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January 30, 2013 |
Filing
238
ORDER that on or before March 1, 2013, the parties shall electronically file a joint stipulation for dismissal; Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice; The pre trial conference previously scheduled for April 19, 2013, is cancelled; The trial previously scheduled for June 17, 2013, is cancelled; Plaintiff's Objections to Magistrate Judge's Order 230 is terminated as moot; Counsel shall notify the Clerk of the U.S. Supreme Court, Re: Rodney Herron v. Charvette Williams, Docket No. 12-730, of the settlement of this matter. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
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November 21, 2012 |
Filing
228
ORDER granting 207 Motion to Amend. The Protective Order is amended to allow the County to forthwith disclose the plaintiff's statement on the condition that the County similarly provide the plaintiff with Herron's statement. If the C ounty discloses the statements, the parties are limited to using the statements for impeachment purposes only. Disclosure of the plaintiff's and Herron's statements does not constitute a waiver of the privileges otherwise existing with respect to the remaining documents under the Protective Order. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
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November 19, 2012 |
Filing
226
ORDER - The defendants' Motion to Dismiss Rodney Herron in His Official Capacity and to Amend Case Caption (Filing No. 196 in Case 8:09CV201; Filing No. 197 in Case 8:09CV288) is granted. The defendants' Objection to and Motion to Strik e Plaintiff's Supplemental Expert Designation (Filing No. 198 in Case 8:09CV201; Filing No. 199 in Case 8:09CV288) is overruled and denied. The defendants may re-depose Dr. Fitzgerald at the plaintiffs' expense. Herron's Motion t o Bifurcate (Filing No. 202 in Case 8:09CV201; Filing No. 203 in Case 8:09CV288) is granted. Jury trials against the County shall commence, if necessary, immediately after the trials against Herron with the same jury. The plaintiffs' Mot ion to Consolidate (Filing No. 205 in Case 8:09CV201; Filing No. 211 in Case 8:09CV288) is denied. 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. Ordered by Magistrate Judge Thomas D. Thalken. (GJG, )
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October 29, 2012 |
Filing
201
ORDER that any motion to consolidate these cases for trial shall be filed on or before November 6, 2012. Any response to such motion shall be filed by November 13, 2012. Any motion to bifurcate any issue for trial in either case shall be filed by November 6, 2012. Any response shall be filed by November 13, 2012. Plaintiffs shall have to November 6, 2012, in which to file a response to defendants' MOTION to Dismiss Party 197 . Plaintiffs shall have to November 6, 2012, in which to r espond to defendants OBJECTION and motion to strike 199 . Defendants shall have to November 9, 2012, in which to file a reply to plaintiffs' responses set forth in paragraphs three and four above. Telephone Conference set for 11/14/2012 at 10:30 AM by telephone before Magistrate Judge Thomas D. Thalken. Counsel for the plaintiffs shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
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August 31, 2012 |
Filing
193
ORDER that this matter is before the court on remand after an interlocutory appeal to the Eighth Circuit Court of Appeals (Eighth Circuit). The mandates have now issued. Filing No. 191 & Filing No. 192. The Eighth Circuit reversed this court' s denial of motions for summary judgment filed by defendants James L. Wagner and Joe Ramirez. See Filing No. 190, Opinion. Pursuant to that opinion, IT IS ORDERED: The plaintiff's claims against defendants James L. Wagner and Joe Ramirez are dismissed. The stay imposed in Filing No. 185 is lifted. This matter is referred to the magistrate judge for further progression. Ordered by Judge Joseph F. Bataillon. (ADB)
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August 11, 2011 |
Filing
158
MEMORANDUM AND ORDER - Defendants' motions for summary judgment (Filing Nos. 119 , 123 , 126 ; and 129 ) are denied. Ordered by Chief Judge Joseph F. Bataillon. (GJG)
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February 10, 2011 |
Filing
108
ORDER granting 82 Defendant's Motion for Protective Order. 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. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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December 22, 2010 |
Filing
99
PROTECTIVE ORDER granting 98 Motion for Protective Order. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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September 8, 2010 |
Filing
73
ORDER - The parties shall report to the court in accordance with Fed. R. Civ. P. 26(f) on or before September 17, 2010, or show cause why sanctions should not be imposed upon them in accordance with Fed. R. Civ. P. 16(f). Show Cause Deadline set for 9/17/2010. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
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August 6, 2010 |
Filing
68
MEMORANDUM AND ORDER the joint motion to dismiss filed by defendants County of Dakota, Rodney Herron and James L. Wagner 46 is denied; Defendant Joe Ramirez's motions to dismiss 61 and 63 are denied; defendants shall respond to the plaintiff's second amended complaint within 14 days of the date of this order as ordered by Chief Judge Joseph F. Bataillon. (SED)
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February 26, 2010 |
Filing
44
ORDER granting 39 the Plaintiff's Motion for Leave to Amend( Amended Complaint due by 3/3/2010.) The defendant's 22 Motion to Dismiss is denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
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October 29, 2009 |
Filing
27
ORDER - The defendants' Motion for an Enlargement of Time to Meet FRCP 26Deadlines 24 is granted. The parties shall have twenty (20) calendar days from the date an order is filed on the currently pending motion to dismiss 22 in which to file a planning report with the court pursuant to Federal Rule of Civil Procedure 26(f), if necessary. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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