Williams v. Raynor Rensch & Pfieffer et al
| Shannon Williams |
| Bellevue Police Department, John Brazda, Dave Bruck, City of Bellevue Nebraska, City of Omaha Nebraska, Douglas County Correctional Center, Mark Foxall, Terry Haddock, Patrick M. Heng, John J. Kohl, Jeffrey Newton, Omaha Police Department, William E. Pfeiffer, John P. Raynor, Raynor & Raynor, Raynor Rensch & Pfieffer, Richard J. Rensch, Sean P. Rensch, John Stuck, Unknown Defendants and Kelle J. Westland |
| 8:2011cv00446 |
| December 30, 2011 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Lyle E. Strom |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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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
267
ORDER - The Court's order of October 21, 2015 (filing 265 ) is vacated. The Clerk of the Court is directed to send a copy of this order to the appropriate official at the plaintiff's institution. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (MKR)
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Filing
265
ORDER - The plaintiff's institution shall collect the full $455.00 appellate filing and docketing fees from him by installment in the manner set forth in 28 U.S.C. § 1915(b)(2), and shall forward those installments to the Court. The Clerk of the Court is directed to send a copy of this order to the appropriate official at the plaintiff's institution. Ordered by Judge John M. Gerrard. (Copies mailed as directed to plaintiff's institution and pro se party) (MKR)
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Filing
260
MEMORANDUM AND ORDER that the plaintiff is not entitled to proceed in forma pauperis on appeal. The Clerk of the Court shall process the plaintiff's appeal, and shall provide the parties and the Court of Appeals with a copy of this order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)
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Filing
259
MEMORANDUM AND ORDER- Plaintiff is directed to submit the $505.00 fees to the clerk's office or submit a request to proceed in forma pauperis. The clerk of the court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit") and a copy of this Memorandum and Order. The Clerk of court is directed to set a pro se case management deadline in this matter for August 27, 2015. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 8/27/2015: Check for motion to proceed in forma pauperis or payment) Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
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Filing
255
MEMORANDUM AND ORDER - Williams' Motion to Reconsider Under Rule 59(e) (filing 254 ) is denied. The Clerk's Office is directed to mail a copy of this Memorandum and Order to Williams at his address of record. Ordered by Judge John M. Gerrard. (Copies mailed as directed) (MKR)
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Filing
251
MEMORANDUM AND ORDER that Williams' motion for summary judgment 214 is denied. The motions for dismissal or for summary judgment filed by defendants John Brazda, Dave Bruck, and John Stuck 194 ; the City of Bellevue (and its Police Department ) 196 ; Douglas County, Mark Foxall, and Jeffrey Newton 198 ; and the City of Omaha and Omaha Police Department 204 are granted. Williams' claims against these defendants are dismissed. The motions for dismissal or for summary judgment file d by Haddock and the Law Firm Defendants 200 and 202 are granted in part and denied in part, as set forth above. Williams' claims against them for fraud, unjust enrichment, and breach of contract remain. Williams' request for an evident iary hearing 246 is denied. Williams' request to conduct limited discovery 248 is denied. This case is remanded to the District Court for Douglas County, Nebraska. The Clerk's Office is directed to mail a copy of this Memorandum and Order to Williams at his address of record. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)
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Filing
244
MEMORANDUM AND ORDER - The Clerk's Office is directed to terminate filings 206 , 234 , and 241 , and re-docket them as briefs. Plaintiff's motion for limited discovery (filing 217 ) is denied without prejudice. Plaintiff's motion to appoint counsel (filing 229 ) is denied without prejudice. Plaintiff's motion for sanctions (filing 233 ) is denied without prejudice. Plaintiff's motion to strike (filing 235 ) is denied. The Clerk's Office shall mail a copy of this order to the plaintiff at his address of record. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (MKR) Modified on 3/31/2015 to add copy mailed (MKR).
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Filing
192
ORDER- Defendants' Joint Motion to Stay Discovery (Filing No. 185 ) is granted. Discovery is stayed in this matter until the Court enters a progression order or otherwise permits discovery. Defendants' Joint Motion for Extension of Time (Filing No. 191 ) is granted. Defendants' answer or other responsive pleading is due no later than March 18, 2014. ***Set/Reset All Deadlines: John Brazda 3/18/2014; Dave Bruck 3/18/2014; City of Bellevue, Nebraska 3/18/2014; City of Omaha Nebraska 3/18/2014; Douglas County 3/18/2014; Mark Foxall 3/18/2014; Terry Haddock 3/18/2014; Patrick M. Heng 3/18/2014; John J. Kohl 3/18/2014; Jeffrey Newton 3/18/2014; Omaha Police Department 3/18/2014; William E. Pfeiffer 3/18/2014; John P. Raynor 3/18/2014; Raynor Rensch & Pfieffer 3/18/2014; Richard J. Rensch 3/18/2014; Sean P. Rensch 3/18/2014; John Stuck 3/18/2014. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (MKR)
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Filing
182
MEMORANDUM AND ORDER- Plaintiff's 178 MOTION for Docket Sheet is denied. Plaintiff's MOTION for Clarification 179 and 180 are granted to the extent that this Memorandum and Order provides plaintiff with clarification and are otherwise denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
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Filing
176
MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's Motion to Reopen Time for Appeal (Filing No. 139 ) is granted in part. Plaintiff's Motion for Leave to File Amended Complaint (Filing No. 141 ), is granted. Plaintiff shall have 21 d ays from the date of this order in which to file an amended complaint containing all claims against all defendants. In the event that plaintiff fails to do so, this matter will proceed on the claims set forth in the operative complaint (Filing No. [2 2]). Defendants shall have 21 days from the date of the filing of plaintiff's amended complaint in which to file an answer or other responsive pleading. If no amended complaint is filed, defendants shall have 21 days from the expiration of the deadline set forth in paragraph 3 above in which to file an answer or other responsive pleading. Defendants' Motions to Dismiss and/or for Summary Judgment (Filing Nos. 127 , 129 , 131 , 133 , 135 , and 137 ) are denied without prejudice . Plaintiff's Motions to Strike (Filing Nos. 142 and 143 ) are denied as moot. Plaintiff's Motion for Summary Judgment (Filing No. 144 ) is denied. Plaintiff's Motion for Proof of Service (Filing No. 148 ) is denied as moot. D efendant Haddock's Motion to Extend Deadline (Filing No. 151 ) is denied as moot. Plaintiff's Motions to Oppose Defendant Haddock's Motion to Extend Deadline (Filing Nos. 163 and 167 ) are denied as moot. Plaintiff's Motion for Copies (Filing No. 162 ) is denied. If plaintiff requires a copy of the local rules or other documents, he should contact the clerk of the court to determine the proper method of requesting and paying for copies. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )
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Filing
124
MEMORANDUM AND ORDER on the remand from the Eighth Circuit. For the reasons discussed within this order, the Court will reenter its November 26, 2012, Memorandum and Order, and plaintiff shall have until June 28, 2013, to file an amended complaint. Plaintiff's Motion for Reconsideration (Filing No. 69 ) is granted. The clerk of the court is directed to re-open this matter. The clerk of the court is directed to send a copy of this Memorandum and Order to the District Court of Douglas Cou nty, Nebraska, and to take all necessary steps to inform the Court that the previous order to remand is no longer in effect. Plaintiff shall have until July 15, 2013, in which to file an amended complaint containing all claims, including all federa l claims, against all defendants. In the event that plaintiff fails to do so, this matter will proceed on the claims set forth in the Amended Complaint (Filing No. 22 ) only. Defendants shall file an answer or other responsive pleading no later th an August 5, 2013. Defendants' Motions to Withdraw (Filing Nos. 77 and 78 ) are granted. Counsel for defendants is permitted to withdraw, as the Assistant United States Attorney has already made her appearance on behalf of defendants Bruck, Stuck, and Brazda. The Motion to Dismiss filed by Bellevue, Nebraska, (Filing No. 87 ), plaintiff's Motion for Reconsideration (Filing No. 93 ), plaintiff's Motion to Amend Complaint (Filing No. 101 ), defendants' Motion to Strike (Filing No. 104 ), and plaintiff's Motions to Strike Pleadings (Filing Nos. 114 and 115 ), are denied in accordance with this Memorandum and Order. ***Set All Deadlines: ( Amended Complaint due by 7/15/2013.) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and to District Court of Douglas County, Nebraska ) (MKR)
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Filing
116
MEMORANDUM AND ORDER on the Plaintiff's untimely Notice of Appeal of Memorandum Opinion and Order and Judgment 89 . Plaintiff's Notice of Appeal of the Court's March 29, 2012, Memorandum Opinion and Order and Judgment is untimely. The Clerk of the court shall not process this Notice of Appeal. With regard to plaintiffs Notice of Appeal of the Courts December 14, 2012, Memorandum and Order, plaintiff shall have until March 8, 2013, to either submit the $455.00 appellate filing fee or a motion to proceed IFP, with the required affidavit. If plaintiff takes no action, his appeal will not be processed. Plaintiff is reminded that the Prison Litigation Reform Act makes the prisoner liable for payment of the full $45 5.00 appellate filing fee regardless of the outcome of the appeal. The clerk of the court shall not process plaintiffs Notice of Appeal of the Courts December 14, 2012, Memorandum and Order (Filing No. 91 ), until further order of the Court. The clerk of the court is directed to forward a copy of this Memorandum and Order to the parties and to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and as directed)(MKR)
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Filing
83
MEMORANDUM AND ORDER - Plaintiff's Notice of Appeal 65 is untimely and moot. The clerk of the court shall not process the appeal to the Court of Appeals. The clerk of the court is directed to forward a copy of this Memorandum and Order to th e parties and to the Eighth Circuit Court of Appeals. Plaintiff is reminded that he has until December 20, 2012, in which to file an amended complaint in accordance with the Court's previous Memorandum and Order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and submitted to Court of Appeals as directed)(MKR)
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Filing
82
MEMORANDUM AND ORDER- Plaintiffs Motion for Reconsideration (Filing No. 69 ) is granted. The clerk of the court is directed to send a copy of this Memorandum and Order to the District Court of Douglas County, Nebraska, and to take all necessary step s to inform that court that the previous order to remand is no longer in effect. Plaintiff shall have until December 20, 2012, in which to file an amended complaint containing all claims, including all federal claims, against all defendants. In the event that plaintiff fails to do so, this matter will proceed on the claims set forth in the Amended Complaint (Filing No. 22 ) only. Defendants shall file an answer or other responsive pleading no later than January 22, 2013. Defendants Motions to Withdraw (Filing Nos. 77 and 78 ) are granted. Counsel for defendants is permitted to withdraw, as the Assistant United States Attorney has already made her appearance on behalf of defendants Bruck, Stuck, and Brazda. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and District Court of Douglas County, Nebraska as directed) (MKR)
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Filing
58
MEMORANDUM OPINION regarding the Plaintiff's Motion to Remove Facts from the Complaint 15 , Objections to Notice of Removal 16 and 21 and Motion to Dismiss without prejudice specific allegations 41 . In light of plaintiffs Second Amended Complaint, theCourt lacks subject matter jurisdiction and remand is appropriate. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed/e-mailed to pro se party)(MKR)
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