Smith v. City of Omaha et al
| Tiffany Smith |
| Douglas County, Benjamin Edwards, Alex Hayes, Don Kleine, Omaha Police Department, Jerald Swanson, John Does 1-100, Aaren Anderson, City of Omaha and John Doe |
| 8:2012cv00330 |
| September 18, 2012 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
161
ORDER OF DISMISSAL WITH PREJUDICE - IT IS ORDERED: All causes of action enumerated in these consolidated cases shall be dismissed with prejudice as of this date. Each party is ordered to pay their own costs. Member Cases: 8:12-cv-00330-JFB-TDT, 8:12-cv-00331-JFB-TDT Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
159
ORDER that Mr. Ashford shall provide a copy of this order to Tiffany Smith, forthwith, and file a notice of such service, including Tiffany Smith's address for the court's record. Mr. Ashford's motion to withdraw as counsel 155 is gr anted. The Clerk of Court shall terminate Mr. Ashford as counsel for the plaintiff. Tiffany Smith is hereby considered proceeding pro se and counsel for the defendants may communicate with the plaintiff directly regarding this case until new counsel, if any, enters an appearance on the record. Member Cases: 8:12-cv-00330-JFB-TDT, 8:12-cv-00331-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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Filing
158
ORDER - The plaintiff's Motion to Withdraw (Filing No. 155) is granted effective November 17, 2014; prior to which time the plaintiff may engage new counsel. In the absence of new counsel entering an appearance on or before November 17, 2014, the plaintiff will be deemed proceeding pro se in 8:12CV330 and 8:12CV331 and Timothy L. Ashford will be relieved as counsel. The plaintiff's Motion for Mandatory Mediation (Filing No. 156) is denied. The plaintiff's Motion to Continue (Filing No. 157) is granted to the extent that the November 17, 2014, trial before Senior Judge Joseph F. Bataillon is continued sine die and will be rescheduled following a conference after November 17, 2014, with the plaintiff's new counse l or the plaintiff pro se and the defendants' counsel. The plaintiff shall have until November 17, 2014, to respond to the defendants' Motion in Limine (Filing No. 148). The defendants' Motion for Partial Summary Judgment (Filin g No. 84) and Motion for Partial Summary Judgment For Hayes and Swanson (Filing No. 138) are deemed submitted. No additional briefing is permitted. Member Cases: 8:12-cv-00330-JFB-TDT, 8:12-cv-00331-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
142
ORDER that the court hereby grants plaintiff's request (Filing No. 97 in 8:12CV330 and Filing No. 100 in 8:12CV331) to take the depositions of Reginald P. Gunter, Officer Jerald Swanson, Officer Aaren Anderson, Officer Alex Hayes, Officer Benj amin Edwards, and the City's expert within 21 days of the date of this order. Further, the magistrate judge shall re-progress this case as he sees fit. Member Cases: 8:12-cv-00330-JFB-TDT, 8:12-cv-00331-JFB-TDT Ordered by Judge Joseph F. Bataillon. (JSF)
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Filing
132
ORDER - The plaintiff's Motion in Limine to Exclude Defendant's Expert (Filing No. 107 in case 8:12CV330; Filing No. 110 in case 8:12CV331) is denied as set forth in this order. Member Cases: 8:12-cv-00330-JFB-TDT, 8:12-cv-00331-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
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Filing
101
ORDER that The defendants Motion in Limine (Filing No. 86 in case 8:12CV330; Filing No. 89 in case 8:12CV331) is granted. The plaintiff is precluded from producing any evidence at trial from any expert witness not properly disclosed, including Dr. Charles McMinn, Jerome Sherman, Ph.D., and Reginald Gunter. Filing No. 96 in case 8:12CV330 and Filing No. 99 in case 8:12CV331, is a brief improperly filed using the "Motion to Enforce IRS Summons" and "Motion" events. The Cler k of Court shall term the motions and change the docket text to reflect the document is a Brief in response to the defendants' Motion in Limine (Filing No. 86 in case 8:12CV330; Filing No. 89 in case 8:12CV331). Filing No. 97 in case 8:12CV3 30 and Filing No. 100 in case 8:12CV331, is a brief improperly filed using the "Motion" event. The Clerk of Court shall term the motion and change the docket text to reflect the document is a Brief in response to the defendants' Motion for Partial Summary Judgment (Filing No. 84 in case 8:12CV330 and Filing No. 86 in case 8:12CV331). The plaintiff's Motion for Extension of Time to Challenge Defendant's Expert (Filing No. 98 in case 8:12CV330 and Filing No. 101 in cas e 8:12CV331) by two days is granted. The plaintiff shall have until August 20, 2014, to file a motion challenging the defendants' expert witness. Member Cases: 8:12-cv-00330-JFB-TDT, 8:12-cv-00331-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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Filing
95
ORDER - The plaintiff's Motion to Compel Mandatory Mediation (Filing No. 82 in case 8:12CV330; Filing No. 84 in case 8:12CV331) is denied, without prejudice. The plaintiff's Second Motion for Extension of Time to File Motion in Limine (Fil ing No. 93 in case 8:12CV330; Filing No. 96 in case 8:12CV331) is granted. The plaintiff shall have until August 18, 2014, to file a response to each of the defendants motions and to file a motion in limine challenging the admissibility of the def endants expert testimony pursuant to Fed. R. Civ. P. 702. No further extensions of these deadlines will be granted without a showing that after an exercise of due diligence by the parties a manifest injustice would occur if a requested extension were not granted. Member Cases: 8:12-cv-00330-JFB-TDT, 8:12-cv-00331-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
71
The defendants' stipulations (Filing No. 70 in 8:12CV330; Filing No. 72 in 8:12CV331) are adopted. The defendants' motions (Filing No. 66 in 8:12CV330; Filing No. 68 in 8:12CV331) are denied as moot. Member Cases: 8:12-cv-00330-JFB-TDT, 8:12-cv-00331-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (AOA)
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Filing
45
ORDER - Tiffany Smith v. City of Omaha, et al., Case No. 8:12CV330, is hereby consolidated for all purposes with Tiffany Smith, as parent and guardian of Deante Smith v. City of Omaha, Case No. 8:12CV331. The parties shall conduct discovery as if these consolidated cases are part of a single case. All future filings shall contain the consolidated case caption, which appears on this order. Case No. 8:12CV330 is designated as the "Lead Case" and Case No. 8:12CV331 designated as the "Member Case." The parties are instructed to file all further documents other than complaints, amended complaints, and answers in the Lead Case, and to utilize the "spread test feature of the court's CM/ECF System." The p laintiff's objection (Filing No. 42 in 8:12CV330) to the magistrate judges order (Filing No. 41 in 8:12CV330) is overruled. The plaintiff's response, improperly denominated a motion (Filing No. 24) is denied as moot. The Orders Setting Sch edule for Initial Progression of a Civil Case, Filing Nos. 38 in 8:12CV330 and Filing No. 37 in 8:12CV331, remain in force. The motion to dismiss of defendants Aaren Anderson, City of Omaha, Benjamin Edwards, Alex Hayes, Omaha Police Department, an d Jerald Swanson (Filing No. 14) is granted with respect to the plaintiffs Second, Third, and Fifth Clauses of Action and denied with respect to the plaintiffs Fourth Cause of Action. Defendants Aaren Anderson, City of Omaha, Benjamin Edwards, Alex Hayes, Omaha Police Department, and Jerald Swanson shall answer or otherwise plead within 7 days of the date of this order. Member Cases: 8:12-cv-00330-JFB-TDT, 8:12-cv-00331-JFB-TDTOrdered by Judge Joseph F. Bataillon. (AOA)
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Filing
4
ORDER granting 2 the plaintiff's Application to Proceed in forma pauperis; accordingly, the plaintiff shall be allowed to proceed without payment of the filing fee. Ordered by Magistrate Judge Thomas D. Thalken. (DKM, )
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