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04-3253 - Hillard v. Nebraska Department of Corrections et al


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04-3253 - Hillard v. Nebraska Department of Corrections et al
June 9, 2005
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ORDER regarding Notice of Appearance, 52 filed by attorney Eileen L. McBride. Attorney Timothy P. Sullivan added for Randy Kohl; Harold Clarke; Nebraska Department of Corrections; C.W. Chase; Craig Richardson; Unknown Baily; Teresa Predmore; Brad Exstrom; Unknown Jara and Unknown Kenny. Attorney Eileen L. McBride terminated. Signed by Magistrate Judge F. A. Gossett on 6/9/2005. (JAR)
June 21, 2005
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to plaintiff) (CS, )MEMORANDUM AND ORDER That filing no. 13, the plaintiff's Motion for Relief, is denied as moot. the plaintiff's claims for injunctive relief are dismissed as moot. Filing no. 41, the plaintiff's Motion for Leave to File Amended Complaint, is granted, and filing no. 42, the Amended Complaint is accepted for filing instanter. Filing nos. 31 and 43, the Motions to Dismiss filed by defendants-Harold W. Clarke and Craig Richardson, and filing nos. 49 and 50, the plaintiff's Objection and Response to the Motions to Dismiss, are each granted in part and denied in part as follows: a. Harold W. Clarke is dismissed from this litigation; b. Craig Richardson is not dismissed from this litigation; Filing nos. 33 and 45, the Motions to Dismiss for insufficient service of process filed by defendants- Extrom, Predmore, Bailey, Kohl, Chase, Jara, Kenney and DCS, are granted; and to that extent filing nos. 49 and 50, the plaintiff's Objection and Response to the Motions to Dismiss, are denied. The plaintiff shall have another opportunity to serve those defendants,as follows: a. The Clerk of Court shall send the plaintiff nine summons forms and nine Form 285s (eight for the individual-capacity defendants and onefor DCS and the official-capacity defendants); b. The plaintiff shall complete the forms and return them to the court by July 15, 2005; c. When the plaintiff returns the completed forms, the Clerk of Court shall sign each summons and forward it with a copy of the Amended Complaint to the U.S. Marshal for service of process; the Marshal shall serve each summons and complaint without payment of costs or fees; service may be by certified mail pursuant to Fed. R. Civ. P. 4and Nebraska law in the discretion of the Marshal; and d. If the forms are not returned to the Clerk of Court by July 15, 2005, the Clerk shall bring this case to the attention of the court. Signed by Judge Richard G. Kopf on 6/21/2005. (9 summons and 285 forms mailed
August 8, 2005
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ORDER - This matter is before the Court on Filing No. 75 the Defendant Richardson's Motion for Leave to Amend Answer and to accept the Amended Answer found at Filing 76 for filing instanter. Good cause having been shown, it is hereby ordered that Defendant Richardson's Amended Answer (Filing 76 Exhibit 1) is accepted for filing and for filing instanter. Signed by Magistrate Judge F. A. Gossett on 8/8/2005. (GJG, )
September 26, 2005
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ORDER denying 82 Motion to Appoint Counsel. Signed by Magistrate Judge F. A. Gossett on 9/26/2005. (JAR)
January 19, 2006
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ORDER granting 85 Motion to Withdraw as Attorney by Attorney Tim Sulllivan. IT IS HEREBY ORDERED that Filing 85, the withdrawal of the appearance by Defendants' attorney Tim Sullivan, #21883 is approved and the entry of appearance by Kimberley Taylor-Riley, #20495 on behalf of Defendants is recognized and approved. Signed by Magistrate Judge F. A. Gossett on 1/19/2006. (JAR)
November 9, 2006
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MEMORANDUM AND ORDER granting in part and denying in part 92 Motion to Dismiss, granting in part and denying in part 94 Motion for Summary Judgment. THEREFORE, IT IS ORDERED: 1. That filing nos. 92 and 94, the plaintiff's Motions to Dismiss and for Summary Judgment are granted in part, as set forth below, and are otherwise denied; 2. That the plaintiff's claims for injunctive relief are dismissed as moot; 3. That the plaintiff's claims for declaratory relief establishing the past liability of DCS and of the other defendants in their official capacities are dismissed; 4. That the plaintiff's claims for damages against DCS and against the other defendants in their official capacities are dismissed; 5. That, as defendant-Chase has not been properly served with process in either his individual or official capacity, that defendant is dismissed from this litigation; 6. That, as Byron Smith, Nurse M. Stelling, Teresa Predmore, Richard Elliott and Dan Danaher have not been served in their individual capacities, and as no relief may be obtained against them in their official capacities, those defendants are dismissed from this litigation; 7. That this case shall proceed on the basis of the plaintiff's claims for damages against the remaining defendants, Richardson, Exstrom, Kenney, Kohl, Bailey, and Jara, in their individual capacities only; and 8. That pursuant to filing no. 91, the Order Setting Schedule for Progression of a Civil Case entered on April 4, 2006, the parties are required to cooperate in the preparation of a Final Order on Pretrial Conference during December of 2006; failure to do so could result in sanctions such as dismissal or default; in light of the age of this case, extensions of time are unlikely to be granted. Ordered by Judge Richard G. Kopf.(JAR)
December 6, 2006
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ORDER TO SHOW CAUSE - the Clerk of Court shall send this Order to Show Cause to the plaintiff at the plaintiff's last known address in the court's records (in Fairbury, Nebraska), with the notation "please forward" on the outside of the envelope. By December 27, 2006, the plaintiff shall show cause in writing why this case should not be dismissed, without prejudice, for lack of prosecution. In the absence of a timely and sufficient response to this Order to Show Cause, the above-entitled case may be subject, without further notice, to dismissal without prejudice by District Judge Richard G. Kopf. Show Cause Deadline set for 12/27/2006.Ordered by Judge Richard G. Kopf. (JAR)
January 4, 2007
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MEMORANDUM AND ORDER granting in part and denying in part 103 Motion to Request and Response, denying 104 Motion to Appoint Counsel. THEREFORE, IT IS ORDERED: 1. That filing no. 103, the plaintiff's Motion to Request and Response to Memorandum and Order, is granted in part and denied in part, as follows: a. The case will not be dismissed for the plaintiff's failure to prosecute; b. As stated in filing no. 96, the case will proceed on the basis of the plaintiff's claims for damages against the remaining defendants: Richardson, Exstrom, Kenney, Kohl, Bailey, and Jara, in their individual capacities only; c. The Progression Order (filing no. 91) is amended to establish a new summary judgment deadline of February 1, 2007, and a new deadline for the Order on Final Pretrial Conference (February 28, 2007 - in the absence of any summary judgment motions, or April 30, 2007 - if anyone files a timely summary judgment motion), with intermediate dates for the exchange of drafts; d. Any individual-capacity defendant who may wish to be heard at trial on the issue of qualified immunity shall first raise the defense in a timely and well-supported summary judgment motion before trial; and 2. That filing no. 104, the plaintiff's Motion for Appointment of Counsel, is denied. Ordered by Judge Richard G. Kopf.(JAR)
January 24, 2007
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ORDER granting in part and denying in part 107 Motion to Compel. This matter is before the court on filing no. 107, the plaintiff's Motion to CompelDiscovery. In light of the looming deadlines in this case, and despite the plaintiff's noncompliance with the discovery rules, the defendants shall produce the incident reports requested in filing no. 107 within fifteen (15) days of the date of this Order. On the other hand, unless willing to do so, the defendants are not required to produce any confidential policy directives issued to staff for the handling of crises within the jail or Department of Corrections system. Thus, filing no. 107 is granted in part and denied in part accordingly. Ordered by Magistrate Judge F. A. Gossett.(JAR)
July 3, 2007
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GENERAL ORDER 2007-09 concerning the management of pro se cases including supervision of pro se staff attorneys. Except for motions filed under 28 U.S.C. § 2255 and except for death penalty cases, Judge Kopf is assigned the overall responsibility for the management of pro se cases in the District of Nebraska and all previously filed pro se cases referred to Magistrate Judge Gossett or Magistrate Judge Thalken are herewith reassigned to Magistrate Judge Piester. The clerk's office shall file this order in each pending case referred to the Pro Se Docket in CM/ECF. Ordered by Judge Joseph F. Bataillon. (JSF)
August 28, 2007
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MEMORANDUM AND ORDER denying 111 Motion for Summary Judgment. No later than October 1, 2007, the defendants may file another summary judgment motion (including an alternative motion to dismiss, if appropriate), brief, and evidence. The plaintiff may respond no later than thirty days thereafter. The plaintiff's motion to intervene (filing 118) is denied in partand granted in part. The court will not provide the plaintiff witha copy of this court file, but counsel for the defendants shall provide the plaintiff with a copy of any motion, brief, or evidence submitted in response to this memorandum and order. Ordered by Judge Richard G. Kopf. (Copy mailed to plaintiff.)(JAB)
February 26, 2008
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MEMORANDUM AND ORDER regarding: Order on Motion for Summary Judgment121. Defendants shall have until March 6, 2008 to file a renewed motion forsummary judgment in accordance with this and the courts previous Memorandumand Order. In the event that no renewed motion for summary judgment is filed, thiscase will proceed to trial. ***Pro Se Case Management Deadline: Motion for Summary Judgment due March 6, 2008. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
March 6, 2008
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MEMORANDUM AND ORDER regarding pending Motions. IT IS THEREFORE ORDERED that: 1. Defendants' Motion for Summary Judgment (filing no. 131) is granted. 2. This action and Plaintiff's claims against Defendants Richardson, Exstrom, Kenney, Kohl, Bailey, and Jara in their individual capacities are dismissed with prejudice. 3. A separate judgment will be entered in accordance with this Memorandum and Order and filing nos. 96 and 54. 4. Defendants' Motion to Dismiss Plaintiffs Motion to Intervene (filing no. 124) is granted. 5. Plaintiff's Motion to Dismiss Defendants' Motion for Summary Judgment (filing no. 127) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
April 2, 2008
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MEMORANDUM AND ORDER granting 135 Motion for Leave to Appeal in forma pauperis. Plaintiff shall pay an initial partial appellate filing fee of $0.33. After payment of the initial partial appellate filing fee, Plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the court. Plaintiff's Motion for Appointment of Counsel on Appeal (filing no. 138) is denied, without prejudice to reassertion directly to the Eighth Circuit Court of Appeals.Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and plaintiff's institution)(JAB)