Koven et al v. Hammond et al
| David Scott Koven, Sr. and Roxanne Diane Koven |
| Todd Hammond, Andrew Kenan, Leroy Lewis, David Murdoch, Robert Sorenson, The City of Plattsmouth, Nebraska and David Walker |
| 8:2010cv00373 |
| October 5, 2010 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| F.A. Gossett |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
151
ORDER to Withdraw Exhibits or to Show Cause Why Exhibits Should Not Be Destroyed as to plaintiff Koven et al. Ordered by Magistrate Judge F.A. Gossett. (SLP)
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Filing
145
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Judgment shall be entered by separate document in favor of Plaintiffs, and against Defendant Leroy Lewis in the amount of $1.00, plus taxable court costs. Plaintiffs' claim against Defendant David Murdoch is dismissed with prejudice. Ordered by Magistrate Judge F.A. Gossett. (Copy e-mailed to pro se party)(GJG)
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Filing
120
MEMORANDUM AND ORDER - Defendants' Motion for Summary Judgment (filing 96 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (Copy e-mailed to pro se party)(GJG)
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Filing
115
ORDER - The plaintiff's Motion to Change From Jury Trial to Bench Trial 106 is granted. The case will be removed from the jury docket and will be tried to the court. Pursuant to the court's Order Setting Final Schedule for Progression of Case 53 a pretrial conference is scheduled for 10/28/2013 at 1:00 P.M., in Courtroom 6, 2nd Floor of the Roman L. Hruska United States Courthouse. Given this ruling, and the statements made by plaintiffs in connection with their pending Motion in Limine 109 , plaintiffs shall, on or before October 16, 2013, advise the court if a ruling on their Motion in Limine 109 is necessary. Ordered by Magistrate Judge F.A. Gossett. (Copy e-mailed to pro se party)(GJG)
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Filing
95
ORDER - Plaintiffs' Motion to Reinstate Missed Deadline of Expert Witnesses (filing 90 ) and Plaintiffs' Motion to Extend and Modify the Scheduling Order (filing 91 ) are denied. Ordered by Magistrate Judge Gossett . (Copy e-mailed to pro se party)(GJG) Modified on 8/6/2013 to change order entered by Judge Gossett and not by Chief Judge Smith Camp (GJG).
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Filing
89
ORDER that plfaintiffs' Motion Under Seal 87 is denied and Motion for Conference 88 is denied. The Clerk of Court is directed to mail a copy of this Order, as well as a copy of Plaintiffs' former counsel's sealed Motion to Withdraw (filing 83), to Plaintiffs at their address of record. Ordered by Magistrate Judge F.A. Gossett. (Copies mailed as directed)(ADB)
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Filing
84
ORDER - The Amended Motion to Withdraw (filing 83 ) is granted. Ms. Vogt and the law firm of Sherrets Bruno & Vogt LLC shall immediately serve copies of this Order on Plaintiffs and thereafter file proof of service showing compliance with this Order, listing the names and addresses of the persons to whom notice was sent. Ms. Vogt and Sherrets Bruno & Vogt LLC will not be relieved of applicable duties to the Court, Plaintiffs, and opposing counsel until proof of service is filed. Upon th e filing of proof of service pursuant to Paragraph 2 of this Order, Plaintiffs will be deemed to be proceeding pro se, that is, without the assistance of counsel, unless substitute counsel has entered a written appearance on their behalf. If substi tute counsel has not entered a written appearance, Plaintiffs shall file a written notice with the Clerk of the Court of Plaintiffs' current address and telephone number within five (5) business days of being served with this Order. Plaintiff s may retain substitute counsel at any time, however, until such time as substitute counsel enters a written appearance, Plaintiffs shall comply with all orders of this Court, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Failure to comply with these requirements may result in the imposition of sanctions, including payment of costs and attorney's fees and/or the entry of default. Upon the submission of proof of service as described in Paragraph 2 of this O rder, the Clerk of Court shall terminate Ms. Vogt and Sherrets Bruno & VogtLLC as counsel for Plaintiffs and cease further notices to them in this matter. The original Motion to Withdraw (filing 80 ) is denied as moot.Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
79
ORDER - Defendants' Objections to Plaintiffs' Notices of Depositions & Subpoena (filing 77 ) is sustained. Steve Rathman's Motion to Quash Subpoena (filing 73 ) is granted. Plaintiffs' Motion for Modification of Scheduling O rder (filing 74 ) is granted. The Court's progression order is modified as set forth above. Defendants and Mr. Rathman shall make themselves available to be deposed by the deposition deadline, unless they can demonstrate, by appropriate motion, why they are unable to do so. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
63
ORDER granting 62 Motion to Withdraw as Plaintiffs' Counsel. Mr. O'Brien shall immediately serve copies of this Order on Plaintiffs and thereafter file proof of service showing compliance with this Order. Upon the filing of proof of ser vice pursuant to Paragraph 2 of this Order, Plaintiffs will be deemed to be proceeding pro se, unless substitute counsel has entered a written appearance on their behalf. Upon Mr. O'Brien's submission of proof of service as described in Paragraph 2 of this Order, the Clerk of Court shall terminate Mr. O'Brien's appearance as counsel and cease further notices to him in this matter. Ordered by Magistrate Judge F.A. Gossett. (JSF)
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Filing
61
ORDER - Plaintiff's Second Amended Motion for Leave to Serve Defendants, Out of Time, Statements Regarding Expert Witnesses (filing 58 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
57
ORDER - Plaintiffs' Motion for Leave to Serve Defendants, Out of Time, Statements Regarding Expert Witnesses (filing 54 ) and Plaintiffs' Amended Motion for Leave to Serve Defendants, Out of Time, Statements Regarding Expert Witnesses Required by Rule 26(a)(2) (filing 55 ) are denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
45
MEMORANDUM AND ORDER - Defendants' Motion for Summary Judgment (filing 35 ) is granted, in part. Counts II, IV and V of the Complaint are dismissed with prejudice. The City of Plattsmouth is dismissed from this action. In all other respects , Defendants' Motion for Summary Judgment is denied. A telephonic status conference will be held with the undersigned on April 30, 2012, at 10:30 a.m. for purposes of reviewing progression of this case. Plaintiffs' counsel shall initiate the call to chambers. The parties shall confer, in advance of the conference, in an effort to arrive at agreeable dates/deadlines for case progression. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
42
ORDER - Jennifer R. Petersen's Motion for Leave to Withdraw as Counsel of Record for Defendants (filing 40 ) is granted. The Clerk of Court shall terminate the appearance of Jennifer R. Petersen in this matter and terminate future notices to Jennifer R. Petersen regarding this case. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
34
ORDER granting Elizabeth M. Skinner's 30 Motion for Leave to Withdraw as Counsel for Defendants. The Clerk shall terminate Ms. Skinners appearance as counsel for Defendants. The Clerk shall terminate future notices to Ms. Skinner in this matter. Defendants shall continue to be represented by Christopher J. Tjaden and Jennifer R. Petersen of Gross & Welch, P.C., L.L.O. Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
26
ORDER - Defendants' Motion to Compel or, in the Alternative, Dismiss (filing 23 ) is granted. Plaintiffs shall provide responses to the outstanding discovery requests by or before August 29, 2011. This action will not be dismissed at this time. Defendants' Motion for Enlargement of Time (filing 25 ) is granted. Motions for summary judgment based on qualified immunity shall be filed on or before September 28, 2011. On or before August 29, 2011, Plaintiffs shall file an affidavit, or other appropriate pleading, showing cause why the costs of filing this motion to compel should not be awarded to Defendants and, additionally, why this action should not be dismissed. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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