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03-3189 - M. et al v. Nebraska Department of Health and Human Services Finance and Support et al


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03-3189 - M. et al v. Nebraska Department of Health and Human Services Finance and Support et al
June 9, 2005
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ORDER-Upon the representations of counsel IT IS ORDERED: A planning conference will be held November 2, 2005 at 9:00 a.m. in the chambers of the undersigned, Room 566 Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Planning Conference set for 11/2/2005 09:00 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 6/9/2005. (GJG, )
June 20, 2005
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REPORT AND RECOMMENDATION regarding the MOTION to Certify Class58. IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. sec. 636(b) that the plaintiffs' motion to certify a class, filing 58 be denied in all respects. The parties are notified that a failure 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. Signed by Magistrate Judge David L. Piester on 6/20/2005. (GJG, )
July 1, 2005
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ORDER granting 88 Motion to Extend. Plaintiffs shall have until August 4, 2005 to object to the report and recommendation regarding class certification filing 86. Signed by Judge Richard G. Kopf on 7/1/2005. (GJG, )
September 2, 2005
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MEMORANDUM AND ORDER regarding: Opinion (Certified Copy) of USCA, 8th Circuit103. For the reasons stated by the Court of Appeals, 408 F.3d at 1098-1100, I will dismiss the first claim for relief of the Amended Complaint (filing 23), which asserts a violation of Title II of the ADA. IT IS ORDERED that the first claim for relief of the Amended Complaint (filing 23), which asserts a violation of Title II of the ADA, is dismissed with prejudice. Signed by Judge Richard G. Kopf on 9/2/2005. (JAR)
September 8, 2005
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MEMORANDUM AND ORDER - The Magistrate Judge's Report and Recommendation 86 is adopted. Plaintiffs' objection to the Magistrate Judge's Report and Recommendation 96 is denied. Plaintiffs' motion for class certification and appointment of class counsel 58 is denied. Signed by Judge Richard G. Kopf on 9/8/2005. (GJG, )
October 14, 2005
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ORDER SETTING INITIAL PROGRESSION OF A CIVIL CASE - Although a progression order was previously entered in this case, the deadlines set forth in that order were stayed pending the August 29, 2005 ruling of the United States Court of Appealsfor the Eighth Circuit on the defendants' interlocutory appeal. A new progression order must now be entered. Rule 26 Meeting Report Deadline set for 10/27/2005. Signed by Magistrate Judge David L. Piester on 10/14/2005. (JAR)
October 27, 2005
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ORDER granting Joint Oral Motion. The parties' joint oral motion for a continuance is granted. The parties are given until December 23, 2005 to either advise the court that this case is settled or file a Rule 26(f) Report of Parties Planning Conference in accordance with my October 14, 2005 order, filing 108. Signed by Magistrate Judge David L. Piester on 10/27/2005. (JAR)
October 28, 2005
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ORDER granting Oral Motion. The preliminary planning conference that was set forNovember 2, 2005 is cancelled. Signed by Magistrate Judge David L. Piester on 10/28/2005. (GJG, )
December 23, 2005
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ORDER - The parties' joint motion for continuance, filing 111 is granted and the Rule 26 report deadline is extended to January 23, 2006. No further extensions of time will be granted. Signed by Magistrate Judge David L. Piester on 12/23/2005. (GJG, )
February 1, 2006
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ORDER regarding Order Setting Schedule for Initial Progression of a Civil Case115. Paragraph 6 of the amended initial progression order is amended as follows: 6. Adding Parties; Amending Pleadings. Any motion to amend pleadings and/or add parties shall be filed not later than April 23, 2006. Signed by Magistrate Judge David L. Piester on 2/1/2006. (GJG, )
May 12, 2006
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ORDER- The telephone planning conference that was set for May 15, 2006, is continued until further order pending the decision from the Court of Appeals. Signed by Magistrate Judge David L. Piester on 5/12/2006. (GJG, )
June 14, 2006
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ORDER - Motion for Leave to Amend Complaint and Add Parties, filing 117 is granted. Plaintiff is given five days to file the amended complaint. Amended Complaint due by 6/21/2006. Signed by Magistrate Judge David L. Piester on 6/14/2006. (GJG, )
June 26, 2006
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ORDER granting 127 Motion to Withdraw as Attorney. IT IS ORDERED: The "Withdrawal of Counsel" (interpreted by the court to be a motion to withdraw) filed by Douglas D. Dexter, counsel for the Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health&Human Services, Stephen B. Curtiss, Ron Ross, Richard Nelson, and NancyMontanez, filing 127, is granted. Signed by Magistrate Judge David L. Piester on 6/26/2006. (JAR)
January 11, 2007
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ORDER - A conference with counsel shall be held, by telephone, at 11:00 a.m. on January 29, 2007 for the purpose of scheduling this matter to trial or other disposition, pursuant to Fed. R. Civ. P. 16. Plaintiffs' counsel shall place the call. Prior to the conference counsel shall confer with respect to discovery plans, motions, and the like, and shall be prepared to propose a progression schedule to the court, keeping in mind that the case is over three years old, and must be resolved promptly. Telephone Conference set for 1/29/2007 11:00 AM in by Telephone before Magistrate Judge David L. Piester.Ordered by Magistrate Judge David L. Piester. (GJG, )
March 16, 2007
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ORDER - Defendants' motion for time, filing 141, is granted and the deadline for responding to plaintiffs' motion to certify class is extended to April 16, 2007.Ordered by Magistrate Judge David L. Piester.(CS, )
May 2, 2007
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ORDER granting 146 Motion to Extend deadline. Plaintiffs are given to May 18, 2007 to file their brief in response to defendants' amended brief in opposition to motion for class certification. Ordered by Magistrate Judge David L. Piester.(CAR, )
June 22, 2007
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REPORT AND RECOMMENDATION - IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. ยง 636(b) that the plaintiffs motion to certify a class, filing 138, be denied. The parties are notified that a failure 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 David L. Piester. (CS, )
July 17, 2007
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ORDER adopting Magistrate Judge's Report and Recommendation 153 and denying Plaintiffs' motion for class certification and appointment of class counsel 138. Ordered by Judge Richard G. Kopf.(KLL, )
February 1, 2008
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SETTLEMENT ORDER. It is ordered that: (1) Within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court (and provide a copy to the magistrate judge and to United States District Judge Richard G. Kopf, the trial judge to whom this case is assigned), together with submitting to the trial judge a draft order which will fully dispose of the case; (2) Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice; (3) This case is removed from the court's March 10, 2008 trial docket upon representation by the parties that the case has settled.***Set Dismissal Papers Deadline: due by 3/3/2008. Termed 2/7/2008 Pretrial Trial Conference date and 3/10/2008 trial date. Ordered by Judge Richard G. Kopf. (KLL, )
March 3, 2008
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ORDER granting 167 parties' joint motion to extend Time (for filing Settlement Agreement and other Dispositive Papers)167 to 4/2/08. Ordered by Magistrate Judge David L. Piester. (CCB)
March 4, 2008
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MEMORANDUM AND ORDER regarding Order on Motion to Extend169. No further extensions will be granted, and in the event of noncompliance with the order in filing 166, as amended by the order in filing 169, this action may be dismissed without further notice. Ordered by Judge Richard G. Kopf. (Copy to Judge Piester)(JAB)
April 9, 2008
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MEMORANDUM AND ORDER regarding Joint MOTION for Settlement Approval 171. IT IS ORDERED that: No later than the close of business on April 17, 2008, a lawyer for the plaintiffs shall file in the court file a response regarding the statements described herein. Failure to timely comply with this memorandum and order may result in the imposition of sanctions including, but not limited to, those detailed in Federal Rule of Civil Procedure 37(b)(2). Ordered by Judge Richard G. Kopf. (JAB)
April 21, 2008
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MEMORANDUM AND ORDER granting 171 Joint Motion for Settlement. The settlement agreement (attachment 1 to filing 171) is approved subject to the terms of the Courts earlier memorandum and order (filing 172). The plaintiffs shall file their joint motion to dismiss with prejudice within three working days. As soon as that motion is filed, the Court will enter a judgment pursuant to Federal Rule of Civil Procedure 54(b) dismissing the entirety of this case, except for the issue of attorney fees, with prejudice. At the request of the parties, the Court retains jurisdiction to rule on the anticipated motion of the plaintiffs for attorneys fees. Plaintiffs shall have 21 days from the entry of this order to file such a motion, supporting affidavits and supporting brief. The defendants shall have 21 days thereafter to respond. Plaintiffs shall have 7 days thereafter to file a reply. To the extent that the plaintiffs response (filing 175) contains any equivocation or request for additional relief, such equivocation is rejected and any request for additional relief is denied. Failure to comply in a timely manner with this memorandum and order may result in the imposition of sanctions including dismissal of the entirety of this case with prejudice. Ordered by Judge Richard G. Kopf. (LKL)
May 28, 2008
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MEMORANDUM AND ORDER regarding motion. The motion in filing 186 is granted, and the briefing schedule established in the court's April 21, 2008 order (filing 177) is modified as set forth in this order; Defendants shall have until June 2, 2008 to submit a supplemental brief; and Plaintiff shall have until June 11, 2008 to file a reply. Ordered by Judge Richard G. Kopf. (LKL)
June 20, 2008
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ORDER denying 180 Motion for Attorney Fees. A separate judgment will be issued. Ordered by Judge Richard G. Kopf. (LKL)