Wilson et al v. Geerdes et al
| Riley Nicole Shadle and Harold Bryan Wilson |
| Fred Britten, Scott Frakes, Jason Geerdes and Cathy Sheair |
| 8:2016cv00524 |
| November 30, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Richard G. Kopf |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| 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
159
ORDER granting 158 Motion to Appoint Counsel. Elizabeth A. Govaerts is appointed as counsel for Mr. Wilson. Regarding 158 Motion to Extend, the deadline for responding to Defendants' motion for summary judgment is stayed pending further order of the court. As to Plaintiff's 152 Motion to Exclude, Ms. Govaerts shall confer with Plaintiff's former counsel, Michael Gooch, regarding receiving copies of Plaintiff's discovery gathered prior to Mr. Gooch's withdra wal. In all other respects, that motion is denied. A telephonic conference with the undersigned magistrate judge will be held on October 2, 2019 at 4:00 p.m. to discuss further case progression. Counsel shall use the conferencing instructions whic h will be filed after this order is entered to participate in the call. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to Mr. Gooch, Ms. Govaerts, and Finance (Pat Williamson, Jeremy Reece, Marissa Ortiz) Copy mailed to Mr. Wilson as directed) (ADB)
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Filing
151
ORDER - IT IS ORDERED: The trial and pretrial conference setting are set aside. The deadline for filing motions for summary judgment is now August23, 2019. The clerk shall set an internal case management deadline for October 9, 2019. The clerk shall mail a copy of this order to Wilson at his address of record. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(TCL)
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Filing
144
ORDER granting 143 Motion to Withdraw Attorney David A. Lopez as counsel of record for Defendants. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
138
ORDER that the request for appointed counsel filed by former Plaintiff and now witness Riley Shadle, (Filing No. 136), is denied. In addition to providing copies to the parties, the clerk shall mail a copy of this order to Riley Shadle #82297, P.O. Box 22800, Lincoln, NE 68542. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party and as directed)(ADB)
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Filing
133
MEMORANDUM AND ORDER - IT IS ORDERED: The Motion to Appoint Counsel filed by Plaintiff Harold Wilson, (Filing No. 124 ), is denied without prejudice to re-filing if the substantive merits of the right to marry claim must be decided by the court, either by motion or at trial. Plaintiff's objections, (Filing Nos. 128 and 131 ), are overruled, and Defendants' Motion to Depose a Confined Person and to extend the deposition deadline, (Filing No. 126 ), is granted as follows: a. Defe ndants' deposition of Riley Shadle will commence at a date and time agreeable to the penal facilities where Shadle and Plaintiff Harold Wilson are housed. The location of the deposition shall be a place agreeable to the administration of that penal facility. b. Riley Shadle is ordered to attend the deposition as scheduled, and Shadle shall cooperate fully with the deposition process to the extent required by law. c. Shadle is reminded that failing to attend and fully cooperate in the deposition process will be deemed a violation of this court's order, which may result in civil or criminal contempt proceedings, and may also impact the calculation of earned and unearned good time credit. d. A copy of this order shall be atta ched to the notice of deposition served on Riley Shadle. If the notice is served on counsel for Shadle, the deponent's counsel shall forward the notice with this order to Shadle and shall file a certificate of service stating the date and man ner of service. e. If Harold Wilson chooses to participate in the deposition of Shadle, he shall do so telephonically. f. Wilson's participation will be limited to the objection and cross-examination purposes provided under Fed. R. Civ. P. 30( c). Defendants may suspend the deposition and contact the Court if Wilson attempts to use the deposition for any other communicative purpose. g. Wilson is reminded that absent a showing of good cause, his failure to attend the deposition of Shadle as scheduled will be deemed a waiver of any right to attend, and to cross-examine or question Shadle prior to trial. h. Wilson is further reminded that any failure to fully cooperate in the deposition process, or any attempt to use this deposition for any purpose other than securing testimony relevant to this lawsuit, will be deemed a violation of this court's order, which may result in civil or criminal contempt proceedings, and may also impact the calculation of earned and unearned good time credit. Wilson's Motion to Depose Michael Gooch, his former court-appointed counsel, (Filing No. 132 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(TCL)
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Filing
114
ORDER - IT IS ORDERED: The deadline for cross-motions for summary judgment remains in effect. Such motions shall be filed on or before March 14, 2019, with any response due on or before April 15, 2019. No reply shall be filed absent leave of the court for good cause shown. (See Filing No. 101 )) Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(TCL)
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Filing
113
ORDER on 112 Wilson's Objection to Dismissal.1) Wilson's objection to Shadle's settlement and voluntary dismissal of her claims with prejudice is overruled.2) Wilson's request for appointed counsel is denied.3) Wilson will be litigating this action pro se. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
111
ORDER that attorney Michael D. Gooch's Motion for Payment of the Remaining Fee for Reimbursement of Actual Expenses (Filing No. 109 ) is granted. The Clerk of Court shall pay to attorney Michael D. Gooch from the Federal Practice Fund, the amount of $1,000 for his remaining attorney fees and $500 for expenses. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party; copy given to Finance) (JSF)
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Filing
107
ORDER that plaintiff Riley Nicole Shadle's Voluntary Motion to Dismiss (Filing No. 106 ) is granted. Shadle's claims against defendants Jason Geerdes, Scott Frakes, Taggart Boyd, and Michelle Capps are dismissed with prejudice. Plaintiff Harold Bryan Wilson's claims against the defendants remain pending. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to Harold Bryan Wilson) (JSF)
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Filing
105
ORDER granting 102 Motion to Seal; granting 103 SEALED MOTION. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) Modified on 1/14/2019--Order unsealed and NEF regenerated by CRZ (Zwart, Cheryl). Modified on 1/14/2019 copy mailed to pro se party. (JAB)
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Filing
101
AMENDED PROGRESSION ORDER - The deposition deadline is now January 31, 2019. Cross-motions for summary judgment based on stipulated facts shall be filed on or before March 14, 2019, with any response due on or before April 15, 2019. No reply shall be filed absent leave of the court for good cause shown. The deadline for filing motions to exclude testimony on Daubert and related grounds is now March 14, 2019. The clerk shall set an internal case management deadline of March 18, 2019: Confirm that cross-motions were timely filed. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
90
STIPULATED PROTECTIVE ORDER - granting TEXT EMAIL MOTION 89 . Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
80
ORDER granting 79 Motion to Extend deadline for filing the parties' Rule 26(f) Report. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
78
ORDER denying 69 Motion to Consolidate Cases. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
58
ORDER that Plaintiffs' anticipated motion to strike the amended complaint (Filing No. 57 ), and to file a new amended complaint shall be filed on or before August 18, 2017. Plaintiff need not outline or otherwise identify the changes in the amended complaint. Defendants' response to Plaintiff's amended complaint shall be filed on or before 30 days after the last defendant is served. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
51
ORDER that plaintiff Harold Bryan Wilson's Motion for Preliminary Injunction and/or Temporary Restraining Order and Motion to Add Additional Defendant (Filing No. 15 ) is denied without prejudice to refiling, if appropriate, through court-appoi nted counsel. Plaintiff Riley Nicole Shadle's Motion for Reconsideration (Filing No. 24 ) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. Wilson's Motion for Temporary Restraining Order and Prelimi nary Injunction (Filing No. 27 ) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. The stay is lifted. The plaintiffs shall have until May 26, 2017, to respond to the defendants' Motion to Dismiss. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Filing
50
ORDER - Plaintiff Wilsons motion to amend the complaint to add additional defendants 18 is denied without prejudice to re-filing, if appropriate, through his court-appointed counsel. Plaintiff Wilson's motion to permit the presence of an inmat e advisor at teleconference hearings 17 is denied. Plaintiff Wilson's motion to pay the full filing fee for co-plaintiff Shadle 22 is denied. Plaintiff Shadle's motion to make filing fee payments directly to the court rather than throug h the penal institution 41 is denied. Defendants' motion to restrict access to Wilson's 20 (which includes Shadle's date of birth and social security number) 45 is granted. Filing 20 is now a restricted access filing. Ordered by Magistrate Judge Cheryl R. Zwart. (CS)
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Filing
46
MEMORANDUM AND ORDER that with thanks for accepting the appointment, Michael D. Gooch is hereby appointed to represent Plaintiff Wilson and Plaintiff Shadle. The clerk of the court shall provide Mr. Gooch with a copy of this Memorandum and Order. Mr. Gooch is directed to promptly enter his appearance as counsel in this case. Upon entry of Mr. Gooch's appearance in CM/ECF, the clerk of the court shall immediately pay from the Federal Practice Fund the sum of $1,000 to Mr. Gooch. A second and the last installment of $1,000 shall become due and payable to Mr. Gooch upon the entry of judgment or other closing documents in the case. Mr. Gooch may incur reasonable expenses when representing Plaintiffs in accordance with pa rts III(A), VI(C), and VI(E) of the Amended Plans for Administration of the Federal Practice Fund and Federal Practice Committee.1 See also NEGenR 1.7(g) and NECivR 54.3-54.4. Should Plaintiffs succeed and Mr. Gooch is awarded attorney fees and expen ses that exceed $2,000 plus expenses, he shall reimburse the Federal Practice Fund for the fees and expenses paid from the fund. At the direction of the court, this case is removed from the pro se docket. The clerk's office shall randomly a ssign new judges to this case and shall request a reassignment order from the Chief Judge. All pending motions, including Defendants' Motion to Dismiss (Filing No. 42 ), will be stayed until the assigned judges enter an order progressing the ma tter. The undersigned recommends to the judges, who are ultimately assigned, to consider issuing a progression order after consultation with counsel. The clerk's office shall provide Plaintiffs, counsel for Defendants, and Chief Judge Smith Camp with a copy of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)
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Filing
30
MEMORANDUM AND ORDER that Wilson's motion (Filing No. 27 ) will be stayed in abeyance with all other pending motions in this matter until Defendants respond to Plaintiffs' Complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
28
MEMORANDUM AND ORDER - With regard to this court's order dated January 26, 2017 (Filing No. 25 ), the United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk's office provide a copy of this order to the United States Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM and Copy mailed to pro se party )(LAC) Modified on 2/1/2017 to include mailed to pro se party (LAC).
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Filing
25
MEMORANDUM AND ORDER - This matter may proceed to service of process as to Plaintiffs' 42 U.S.C. § 1983 claims based on due process, equal protection, and retaliation against Defendants Jason Geerdes, Fred Britten, Cathy Sheair, and Scott F rakes in their official capacities only. Because Defendants are sued only in their official capacities, they shall be served at the office of the Nebraska Attorney General. The clerk of the court is directed to complete summons forms and USM-285 form s for each of the Defendants using the address Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509, and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service for service of process on Defendants. Defendants shall have 21 days from the date they are served to file an answer or other responsive pleading to Plaintiffs' Complaint. Wilson's Motion for Status is granted. (Filing No. 16 .) Shadle has bee n given leave to proceed in forma pauperis. (Filing No. 14 .) Shadle's Motion (Filing No. 21 ) seeking an extension of time to file his initial partial filing fee is denied as moot. The court received Shadle's initial partial filing fee o n January 20, 2017. All other pending motions (Filing Nos. 15 , 17 , 18 , 22 , and 24 ) will be stayed in abeyance pending a response from Defendants. The clerk's office shall terminate Defendants Brad Exstrom, Troy Hawk, and Richard Cruic kshank from the case until the court acts on Wilsons Motion to Amend (Filing No. 18 ). The clerk's office shall set a pro se case management deadline using the following text: February 15, 2017: check for Defendants' response. (Pro Se Case Management Deadline set for 2/15/2017.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and USM with summons) (CS)
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Filing
14
MEMORANDUM AND ORDER that Shadle's Motion for Leave to Proceed IFP (Filing No. 10 ) is granted. Shadle must pay an initial partial filing fee of $22.70 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Shadle's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Shadle's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: January 28, 2017: initial partial filing fee payment due. Shadle is advised that, following payment of the initial partial filing fee, the next step in this case will be for the court to conduct an initial review of the claims to determine whethe r summary dismissal is appropriate under 28 U.S.C. § 1915(e) (2). The court will conduct this initial review in its normal course of business. Shadle's initial Motion for Leave to Proceed In Forma Pauperis (Filing No. 7 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC)
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Filing
6
MEMORANDUM AND ORDER that the non-lead Plaintiff, Riley Nicole Shadle, shall have 30 days from the date of entry of this order in which to advise the court whether he wishes to continue as a Plaintiff in this group action. If, by that deadline, Sh adle advises the court that he does not wish to participate in the action, he will be dismissed from the lawsuit and will not be charged a filing fee for this action. This is the only way to avoid the obligation to pay a filing fee for this actio n. Alternatively, if any Plaintiff (including Harold Wilson) wants to pursue his claims individually in a separate lawsuit, he shall so advise the court in writing, and his claims shall be severed into a new action where a filing fee will be asse ssed. Each non-lead Plaintiff who chooses to continue as a Plaintiff, either in this action or in a severed individual case, is hereby ORDERED to pay the court's filing fee or file a properly completed motion for leave to proceed in forma pau peris (IFP) within 30 days from the date of this Memorandum and Order. The clerk's office is directed to send the Form AO240 to Riley Nicole Shadle. Failure to submit a properly completed IFP motion does not relieve a non-lead Plaintiff of the obligation to pay a filing fee, unless he also submits timely written notice that he does not intend to proceed with the action. Any non-lead Plaintiff who simply does not respond to this Memorandum and Order within 30 days will be obliga ted to pay the full filing fee and will also be dismissed from this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Plaintiffs are again WARNED that future group motions or pleadings that do not comply with the group pleading requirements discussed herein shall be stricken pursuant to Rule 11(a). Plaintiffs are further ADVISED that each of them is under a continuing obligation to keep the court informed of any cha nge in his address. The clerk of court is directed to set a pro se case management deadline using the following text: January 6, 2017: Check for Response to Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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