Parsons, et al v. McCann, et al.
| Dakota Parsons and Denice Parsons |
| Brenda Beadle, Bob Blanchard, City of Omaha, Douglas County Attorney Office, Douglas County Nebraska, Mark Foxall, John Does 1 through 15, Kent Kingston, Don Kleine, Nick Lurz, Blane McCann, Omaha Police Department and Westside Community Schools |
| 8:2014cv00207 |
| July 18, 2014 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
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Filing
139
ORDER OF DISMISSAL that the Stipulated Dismissal, ECF No. 138 , is approved. The above-captioned action is dismissed with prejudice. Any pending motions are terminated. The Court will not assess costs or attorneys fees. Ordered by Chief Judge Laurie Smith Camp. (LAC)
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Filing
135
ORDER - On the plaintiffs' unopposed motion, (Filing No. 126 ), and for good cause shown, the final progression order is amended as follows: The jury trial of this case is set to commence before Laurie Smith Camp, Chief United States District J udge, in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on August 15, 2017, or as soon thereafter as the case may be called, for a duration of five (5) trial days. This case is subject to the prio r trial of criminal cases and such other civil cases as may be scheduled for trial before this one. Jury selection will be held at the commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on J uly 25, 2017 at 1:00 p.m., and will be conducted by internet/telephonic conferencing. Counsel shall use the conferencing instructions assigned to this case (Filing No. 134 ) to participate in the conference The parties' proposed Pretrial Confer ence Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on July 24, 2017. A telephonic conference with the undersigned magistrate judge will be held on April 7, 2017 at 9:00 a .m. to discuss the parties' interest in settlement. Counsel shall use the conferencing instructions assigned to this case (Filing No. 134 ) to participate in the conference. The deadlines for complete expert disclosures for all experts expected to testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are: For the plaintiff(s): February 24, 2017. For the defendant(s): March 27, 2017. The deposition deadline is April 3, 2017. The deadline for filing motions to dismiss and motions for summary judgment is April 17, 2017. The deadline for filing motions to exclude testimony on Daubert and related grounds is April 17, 2017. No further extensions will be granted absent a substantial showing of good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
132
ORDER that the motion to permit Peter J. Leo to withdraw as counsel on behalf of Defendant Westside Community Schools, (Filing No. 129 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
123
ORDER - The parties' motion to continue, (Filing No. 122 ), is denied. The jury trial of this case is set to commence before Laurie Smith Camp, Chief United States District Judge, in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18 th Plaza, Omaha, Nebraska, at 9:00 a.m. on May 9, 2017, or as soon thereafter as the case may be called, for a duration of five (5) trial days. This case is subject to the prior trial of criminal cases and such other civil cases as may be scheduled for trial before this one. Jury selection will be held at the commencement of trial. All other deadlines and settings within the court's scheduling order, (Filing No. 113 ), are unchanged. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
115
ORDER - that the motion to withdraw filed by Elizabeth A. Gregory as counsel of record for the State, (filing no. 114 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
113
ORDER that the parties' unopposed motion to continue, (Filing No. 109 ), is granted as follows: Jury Trial set for 5/8/2017 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Senior Judge Richard G. Kopf. Pretrial Conference set for 4/18/2017 at 01:00 PM before Magistrate Judge Cheryl R. Zwart. Counsel shall participate using the conferencing instructions located at filing no. 87 . The telephonic conference previously set for October 28, 2016 is cancelled. The deposition deadline is January 13, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
106
ORDER granting 101 Motion to Amend. The trial and pretrial conference are continued pending further order of the court. A telephonic conference with Magistrate Judge Cheryl R. Zwart will be held on 10/28/2016 at 2:00 p.m. The deposition deadline is 11/1/2016. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
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Filing
76
MEMORANDUM AND ORDER - Defendant Omaha Police Department's motion to dismiss (Filing 55 ) is granted, and the Omaha Police Department is dismissed from this action. Defendant City of Omaha's motion to dismiss (Filing 55 ) is granted in p art and denied in part. The motion to dismiss (Filing 60 ) based on Fed. R. Civ. P. 12(b)(6) filed by Douglas County is granted in part and denied in part. The motion to dismiss (Filing 60 ) filed by the Douglas County Attorney's Office is gr anted, and the Douglas County Attorney's Office is dismissed. The motion to dismiss (Filing 60 ) filed by Douglas County based on Fed. R. Civ. P. 12(b)(5) is granted; however, Plaintiffs are granted leave to cure the lack of service upon Dougla s County by properly serving Douglas County within 20 days. Plaintiffs' claims against defendants Brenda Beadle, Don Kleine, and Mark Foxall in their official and individual capacities are dismissed(Filing 58 and 62 ). Plaintiffs' Fifth Amendment claims against all parties are dismissed. The motion to dismiss (Filing 60 ) Plaintiffs' state-law abuse-of-process claim against defendant Douglas County is granted. The motion to dismiss (Filing 66 ) filed by defendant Kent Kings ton is granted, and Kent Kingston is dismissed. Plaintiffs' claims against defendant Blane McCann in his official and individual capacity 66 are dismissed as redundant of their claims against Westside Community Schools. The motion to dismiss ( Filing 66 ) based on Fed. R. Civ. P. 12(b)(6) filed by Westside Community Schools is granted in part and denied. The remaining claims and parties in this action are: Section 1983 "policy" claims against defendant City of Omaha, Douglas County (providing that Plaintiffs cure the lack of service upon Douglas County), Westside Community Schools, and John Does 1-15 (police officers). Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
52
MEMORANDUM AND ORDER regarding pending motions. 1. Plaintiffs' Complaint fails to state a federal claim upon which relief maybe granted.2. The pending Motions to Dismiss (filings 26 , 28 , 30 , 37 and 39 ) are granted in part in ac cordance with this Memorandum and Order.3. On my own motion, Plaintiffs shall have 21 days from the date of this Memorandum and Order to file an amended complaint.4. If Plaintiffs fail to file an amended complaint in accordance with this Memorandum and Order, I will decline to exercise supplemental jurisdiction over Plaintiffs' state law claims and dismiss this matter without prejudice to reassertion in the proper forum. Ordered by Senior Judge Richard G. Kopf. (NMW)
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