Kaufman v. United States of America
| Ryan Kaufman |
| Jo Griffith and United States of America |
| 8:2020cv00248 |
| June 24, 2020 |
| US District Court for the District of Nebraska |
| Robert F Rossiter |
| Cheryl R Zwart |
| Assault Libel & Slander |
| 28 U.S.C. ยง 2671 |
| None |
Docket Report
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Filing 19
ORDER that the Findings and Recommendation (Filing No. #18 ) is accepted. Any objections are deemed waived. The United States Attorney's Notice of Substitution (Filing No. #8 ) and supporting Certification (Filing No. 8-1) are approved. The United States of America is substituted for Jo Griffith as the party defendant in this case. See 28 U.S.C. 2679(d)(2). Plaintiff Ryan Kaufman's Motion to Remand (Filing No. #10 ) is denied in its entirety. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Filing 18
FINDINGS AND RECOMMENDATION - IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Robert F. Rossiter, United States District Judge, pursuant to 28 U.S.C. 636(b), that: a. The motion for remand filed by the plaintiff, (Filing No. #10 ) be denied; b. The governments motion, (Filing No. #8 ), be granted, and c. The United States be substituted as the named defendant in this case. The defendant is notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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| Filing 17 INDEX in support of Reply Brief #16 by Attorney Frank M. Aerni on behalf of Plaintiff Ryan Kaufman. (Attachments: #1 Exhibit, #2 Exhibit)(Aerni, Frank) |
| Filing 16 REPLY BRIEF in opposition to MOTION to Substitute Party #8 , Brief #15 by Attorney Frank M. Aerni on behalf of Plaintiff Ryan Kaufman.(Aerni, Frank) |
| Filing 15 BRIEF in opposition to MOTION to Remand #10 by Attorney Lynnett M. Wagner on behalf of Defendant Jo Griffith.(Wagner, Lynnett) |
| Filing 14 INDEX in opposition to by Attorney Lynnett M. Wagner on behalf of Defendant Jo Griffith. (Attachments: #1 Declaration of Jo Griffith, Domiciliary Chief or Program Manager in Grand Island)(Wagner, Lynnett) |
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Filing 13
TEXT ORDER granting #4 Motion for Extension of Time to File a Responsive Pleading. The deadline to answer or otherwise respond to Plaintiff's Complaint is continued pending a ruling on Plaintiff's Motion to Remand (Filing No. 10). Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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| Filing 12 INDEX in support of Brief #11 , MOTION to Remand #10 by Attorney Frank M. Aerni on behalf of Plaintiff Ryan Kaufman. (Attachments: #1 Exhibit, #2 Exhibit)(Aerni, Frank) |
| Filing 11 BRIEF in support of MOTION to Remand #10 by Attorney Frank M. Aerni on behalf of Plaintiff Ryan Kaufman.(Aerni, Frank) |
| Filing 10 MOTION to Remand by Attorney Frank M. Aerni on behalf of Plaintiff Ryan Kaufman.(Aerni, Frank) |
| Filing 9 DECLARATION regarding Notice of Removal Attorney - Complaint, #7 Declaration as to Filing Notice of Notice of Removal by Attorney Lynnett M. Wagner on behalf of Defendant Jo Griffith.(Wagner, Lynnett) |
| Filing 8 MOTION to Substitute Party by Attorney Lynnett M. Wagner on behalf of Defendant Jo Griffith. (Attachments: #1 Exhibit Exhibit B, Certification by U.S. Attorney Joseph P. Kelly)(Wagner, Lynnett) |
| Filing 7 NOTICE OF REMOVAL against Ryan Kaufman from District Court in Hall County, Nebraska, Case number CI 20-388 with attached state court pleadings, by Attorney Lynnett M. Wagner on behalf of Jo Griffith (Attachments: #1 Exhibit Attached State Court Pleadings)(Wagner, Lynnett) |
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Filing 6
TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Notice of Removal Attorney - Complaint #1 and Motion to Substitute Party #3 are stricken for the following reason: documents are not signed. The party is directed to re-file the document. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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| Filing 5 TEXT NOTICE OF JUDGES ASSIGNED: Judge Robert F. Rossiter, Jr. and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) |
| Filing 4 MOTION for Extension of Time to File a Responsive Pleading by Attorney Lynnett M. Wagner on behalf of Defendant Jo Griffith.(Wagner, Lynnett) |
| Filing 3 STRICKEN - MOTION to Substitute Party by Attorney Lynnett M. Wagner on behalf of Defendant Jo Griffith. (Attachments: #1 Exhibit B)(Wagner, Lynnett) Modified on 6/25/2020 to strike per order 6 (ADB). |
| Filing 2 DECLARATION as to Filing Notice of Notice of Removal by Attorney Lynnett M. Wagner on behalf of Defendant Jo Griffith.(Wagner, Lynnett) |
| Filing 1 STRICKEN - NOTICE OF REMOVAL against Ryan Kaufman from District Court of Hall County, Nebraska, Case number CI 20-388 with attached state court pleadings, by Attorney Lynnett M. Wagner on behalf of Jo Griffith (Attachments: #1 Exhibit A)(Wagner, Lynnett) Modified on 6/25/2020 to strike per order 6 (ADB). |
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