Withrow et al v. Regional West Medical Center et al
| Christopher J. Withrow, David J. Withrow and Marilyn N. Withrow |
| State of Nebraska, State Board of Health Vital Records, Marci Mizelle, United States Department of Justice Marshal Service, Nicholas Mizelle, Regional West Medical Center, Deborah Mizelle, Scotts Bluff County Adult Detention Center, Mallory Mizelle, State of Nebraska, County of Scottsbluff, Nebraska and United States of America |
| 8:2018cv00469 |
| October 4, 2018 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Susan M Bazis |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 37 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #36 by Attorney Renee A. Eveland on behalf of Defendant Regional West Medical Center. (Attachments: #1 Affidavit Declaration of Renee A. Eveland)(Eveland, Renee) |
| Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Renee A. Eveland on behalf of Defendant Regional West Medical Center.(Eveland, Renee) |
| Filing 35 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #34 by Attorney Thomas J. Freeman on behalf of Defendants County of Scottsbluff, Nebraska, Scotts Bluff County Adult Detention Center. (Attachments: #1 Exhibit Declaration of Thomas J. Freeman, #2 Exhibit A to Declaration of Thomas J. Freeman, #3 Exhibit B to Declaration of Thomas J. Freeman, #4 Exhibit C to Declaration of Thomas J. Freeman, #5 Exhibit D to Declaration of Thomas J. Freeman)(Freeman, Thomas) |
| Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Thomas J. Freeman on behalf of Defendants County of Scottsbluff, Nebraska, Scotts Bluff County Adult Detention Center.(Freeman, Thomas) |
| Filing 33 REPLY BRIEF in support of MOTION to Dismiss #29 by Attorney Robert L. Homan on behalf of Defendant United States of America.(Homan, Robert) |
| Filing 32 RESPONSE regarding MOTION to Dismiss #29 on behalf of Plaintiff Marilyn N. Withrow.(Withrow, Marilyn) |
| Filing 31 BRIEF in support of MOTION to Dismiss #29 by Attorney Robert L. Homan on behalf of Defendant United States of America.(Homan, Robert) |
| Filing 30 INDEX in support of MOTION to Dismiss #29 by Attorney Robert L. Homan on behalf of Defendant United States of America. (Attachments: #1 Declaration of Gerald Auerbach)(Homan, Robert) |
| Filing 29 MOTION to Dismiss by Attorney Robert L. Homan on behalf of Defendant United States of America.(Homan, Robert) |
| Filing 28 Summons Issued (COPY) as to defendants County of Scottsbluff, Nebraska, Deborah Mizelle, Mallory Mizelle, Marci Mizelle, Nicholas Mizelle, Regional West Medical Center, State of Nebraska, United States Department of Justice Marshal Service, and United States of America. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LKO) |
| Filing 27 AMENDED COMPLAINT on behalf of Plaintiff Marilyn N. Withrow.(Withrow, Marilyn) Modified on 11/16/2018 (LRH). |
| Filing 26 RESPONSE regarding MOTION to Dismiss #23 on behalf of Plaintiff Marilyn N. Withrow. (Attachments: #1 Exhibit)(Withrow, Marilyn) |
| Filing 25 ATTORNEY LETTER by Clerk that Attorney Thomas J. Freeman has not paid the biennial assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (KLF) |
Filing 24
ORDER - Plaintiffs' motion to file an amended complaint (Filing No. #17 ) is granted. Plaintiffs shall file their amended complaint by November 20, 2018. Defendants' Joint Motion to Request Uniform Response Deadline (Filing No. #22 ) is granted. Defendants United States Department of Justice Marshal Service, Regional West Medical Center, and Scotts Bluff County Adult Detention Center shall respond to the amended complaint within fourteen days of its filing. Plaintiffs' motion to respond to Nicholas and Deborah Mizelle's answer (Filing No. #20 ) is denied as moot. Plaintiffs' request for Marshal service (Filing No. 19 ) is denied. The Clerk of Court is directed to mail a copy of this Order to Plaintiffs at their addresses of record. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (KLF)
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| Filing 23 MOTION to Dismiss on behalf of Defendants Deborah Mizelle and Nicholas Mizelle.(KLF) |
| Filing 22 JOINT MOTION To Request Uniform Response Deadline to Answer or Otherwise Plead to the Amended Complaint and, Joint Response to Plaintiffs' Motion to Amend Complaint by Attorney Robert L. Homan on behalf of Defendant United States Department of Justice Marshal Service.(Homan, Robert) |
| Filing 21 REPLY to Counterclaim by Marilyn N. Withrow (Withrow, Marilyn) |
| Filing 20 MOTION for Leave on behalf of Plaintiff Marilyn N. Withrow. (Attachments: #1 Exhibit)(Withrow, Marilyn) |
| Filing 18 Summons Requested as to regarding Motion to Amend #17 . (Attachments: #1 Submission From Sender)(Withrow, Marilyn) |
| Filing 17 MOTION to Amend on behalf of Plaintiff Marilyn N. Withrow. (Attachments: #1 Submission From Sender)(Withrow, Marilyn) |
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Filing 16
ORDER - that Plaintiffs' Motion for Leave to Reply to Defendants Nicholas and Deborah Mizelle's Answer (Filing No. #14 ) is denied without prejudice to reassertion. The Clerk of Court is directed to strike Plaintiffs' Verified Answer (Filing No. #15 ). Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (KLF)
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| Filing 15 *STRICKEN* PLAINTIFFS' VERIFIED ANSWER TO DEFENDANTS 5 AND 6 COUNTER-CLAIM by Plaintiffs Christopher J. Withrow, David J. Withrow, and Marilyn N. Withrow. (KLF) Modified on 10/24/2018 to strike per Order #16 (KLF). |
| Filing 14 PLAINTIFF'S MOTION for Leave to Reply to Defendant's #5 & #6, Nicholas & Deborah Mizelle's Answer to Plaintiffs' Claim for Damages and Other Remedies on behalf of Plaintiffs Christopher J. Withrow, David J. Withrow, and Marilyn N. Withrow. (KLF) |
| Filing 13 DEMAND for Trial by Jury on behalf of Plaintiff Marilyn N. Withrow.(Withrow, Marilyn) |
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Filing 12
TEXT ORDER granting #10 Motion for Extension of Time. Scotts Bluff County Adult Detention Center shall answer or otherwise respond to the Complaint by November 5, 2018. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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Filing 11
TEXT ORDER granting #9 Motion for Extension of Time to File a Responsive Pleading. Regional West Medical Center shall answer or otherwise respond to the Complaint by November 5, 2018.Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 10 MOTION for Extension of Time to File a Responsive Pleading by Attorney Thomas J. Freeman on behalf of Defendant Scotts Bluff County Adult Detention Center.(Freeman, Thomas) |
| Filing 9 MOTION for Extension of Time to File a Responsive Pleading by Attorney Renee A. Eveland on behalf of Defendant Regional West Medical Center.(Eveland, Renee) |
| Filing 8 NOTICE of Appearance by Attorney Sydney M. Huss on behalf of Defendant Regional West Medical Center (Huss, Sydney) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Renee A. Eveland on behalf of Defendant Regional West Medical Center.(Eveland, Renee) |
| Filing 6 NOTICE of Appearance by Attorney Renee A. Eveland on behalf of Defendant Regional West Medical Center (Eveland, Renee) |
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Filing 5
TEXT ORDER granting #3 Motion for Extension of Time to File a Responsive Pleading. United States Department of Justice Marshal Service shall answer or otherwise respond to the Complaint by November 5, 2018. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 4 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Susan M. Bazis assigned. (CS) |
| Filing 3 MOTION for Extension of Time to File a Responsive Pleading by Attorney Robert L. Homan on behalf of Defendant United States Department of Justice Marshal Service.(Homan, Robert) |
| Filing 2 DECLARATION regarding Notice of Removal Attorney - Complaint, #1 by Attorney Robert L. Homan on behalf of Defendant United States Department of Justice Marshal Service.(Homan, Robert) |
| Filing 1 NOTICE OF REMOVAL against Christopher J. Withrow, David J. Withrow, Marilyn N. Withrow from District Court of Scotts Bluff County, Nebraska, Case number CI 18-454 with attached state court pleadings, by Attorney Robert L. Homan on behalf of United States Department of Justice Marshal Service (Attachments: #1 Attachment A - Complaint, #2 Attachment B - Service Return)(Homan, Robert) |
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