Evans v. Nebr Beef
| Charles Evans |
| Nebr Beef |
| 8:2012cv00161 |
| May 9, 2012 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Pro Se Docket |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| 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
93
ORDER granting 92 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
88
MEMORANDUM AND ORDER - The plaintiff's motion to hold attorney Craig Martin in contempt (Filing No. 85 ) is denied. The plaintiff's affidavit, construed as an objection to the F&R of the magistrate judge (Filing No. 86 ), is overruled. The Findings and Recommendations ("F&R") of the magistrate judge (Filing No. 82 ) are adopted in part, as set forth in this Memorandum and Order. The defendant's motion and supplemental motion to dismiss and/or for sanctions (Filing Nos. 67 and 69 ) are granted. This action is dismissed, without prejudice. A judgment in accordance with this Memorandum and Order will issue this date. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
82
ORDER and FINDINGS AND RECOMMENDATION - IT IS ORDERED: The defendant's Motion for Extension of Deadlines for Final Pretrial Order (Filing No. 78 ) is granted as set forth herein. All case progression deadlines are stayed pending resolution of the defendant's motions to dismiss. IT IS RECOMMENDED TO DISTRICT JUDGE JOSEPH F. BATAILLON: The defendant's Motion to Dismiss and/or for Sanctions (Filing No. 67 ) and Supplemental Motion to Dismiss and/or for Sanctions (Filing No. [ 69]) be granted, with prejudice. ADMONITION - Pursuant to NECivR 72.2 any objection to this Order and Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order and Findings and Recommendation. Failure to timely object may constitute a waiver of any objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
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Filing
79
AMENDED ORDER - IT IS ORDERED that the plaintiff's objections (Filing No. 65 and Filing No. 66 ) are overruled. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
75
ORDER - Plaintiff's objections (Filing No. 66 and Filing No. 67 ) are overruled. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
63
ORDER - The defendant's Motion to Compel and for Additional Time to Complete Discovery (Filing No. 58 ) is granted. The plaintiff shall present himself for deposition to be rescheduled at the convenience of the parties and their counsel, if any, on or before December 2, 2013, or show cause why he should not be subject to sanctions including shifting costs of the discovery and dismissal of the plaintiff's claims. The plaintiff shall have until on or before December 2, 2013, t o serve responses to the defendant's Interrogatories and Requests for Production of Documents and file a certificate of service with the court as evidence of compliance in accordance with NECivR 33.1 and 34.1. The parties' deadline to complete discovery is hereby extended until December 20, 2013. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
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Filing
59
ORDER - IT IS ORDERED: The defendant's Motion to Compel and for Additional Time to Complete Discovery (Filing No. 58 ) is held in abeyance pending the plaintiff's response. The plaintiff shall have until the close of business on Novemb er 4, 2013, to respond to the defendant's motion by filing a brief. The parties' discovery deadline will be re-scheduled upon resolution of the defendant's motion to compel. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
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Filing
52
ORDER - The plaintiff's Motion to Compel Discovery (Filing No. 39 ) is granted. The defendant shall have until October 4, 2013, to produce a copy of the plaintiff's personnel file to the plaintiff and file a certificate of such service as required by NECivR 26.1(a) or NECivR 34.1(b). Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
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Filing
46
ORDER - Plaintiff's motion to proceed in forma pauperis on appeal, Filing No. 42 , is granted. The Court will not stay this case pending appeal. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
41
MEMORANDUM AND ORDER regarding pending motions. 1. The plaintiff's objection (Filing No. 38 ) to the magistrate judge's findings and recommendations (Filing No. 28 ) is denied. 2. The plaintiff's in forma pauperis request is denied as moot. 3. The findings and recommendations of the magistrate judge (Filing No. 28 ) are adopted in all respects. 4. The defendant's motion to dismiss and/or strike (Filing No. 21 ) is granted as stated. 5. The plaintiff's motion for a hearing (Filing No. 33 ) is denied. 6. The plaintiff's motion for default judgment (Filing No. 40 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB)
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Filing
12
MEMORANDUM AND ORDER - All claims against Tony Joy and Mike Thatcher are dismissed without prejudice. To obtain service of process on Defendant Nebraska Beef, Plaintiff must complete and return the summons forms which the Clerk of the court will pr ovide. The Clerk of the court shall send ONE summons form and ONE USM-285 form to Plaintiff, together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the court. In the absence of the forms, service of process cannot occur. The Clerk of Court is directed to set a pro se case management deadline in this case with the following text: April 1, 2013: Check for completion of service of summons Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with Summons and 285 form)(GJG)
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Filing
10
MEMORANDUM AND ORDER - Plaintiff shall have until October 8, 2012, to amend his Complaint and clearly state a claim upon which relief may be granted against Defendants, in accordance with this Memorandum and Order. If Plaintiff fails to file a suf ficient amended complaint, Plaintiff's Complaint will be dismissed without further notice for failure to state a claim upon which relief may be granted. In the event that Plaintiff files an amended complaint, Plaintiff shall restate the all egations of the current Complaint and Amended Complaint (filing nos. 1 and 8 ), and any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims. The Clerk of the court is directed to set a p ro se case management deadline in this case using the following text: Check for amended complaint on October 8, 2012, and dismiss if none filed. Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
6
MEMORANDUM AND ORDER granting motion, filing 2 . Leave to proceed in forma pauperis is provisionally granted, and the Complaint shall be filed without payment of fees.Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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