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05-3053 - Jones v. William et al


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05-3053 - Jones v. William et al
April 26, 2005
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ORDER granting 20 Motion to Extend Time to file a second amended complaint. The plaintiff shall have until May 9th, 2005 to file the second amended complaint. Signed by Magistrate Judge F. A. Gossett on 4/26/2005. (JAR)
May 20, 2005
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ORDER that 32 willbe construed as a motion to supplement. Filing no. 32 is granted. Signed by Magistrate Judge F. A. Gossett on 5/20/2005. (JAE, )
December 9, 2005
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MEMORANDUM AND ORDER regarding pending Motions: THEREFORE, IT IS ORDERED: 1. That filing no. 33, the Motion to Substitute Parties filed by defendant-Dr. Cherry in his official capacity, is granted, and Dr. Randy Kohl will be substituted for Dr. Cherry as to any prospective injunctive relief which may be ordered in this case regarding the Medical Director of DCS; 2. That filing no. 38, the Motion for Relief from Erroneously Served Summons filed by defendants-J. William, Dave Thomas and K. Galatas, is granted insofar as the additional time requested in filing no. 38 is granted instanter; 3. That filing nos. 41, 43, 49, 51, 52 and 53, the plaintiff's Motions for Extensions of Time and Continuances, are granted up to and including the date of this Memorandum and Order, but any future extensions of time must be requested in future motions; 4. That filing no. 44, the Motion to Dismiss filed by defendants-J. William, Dave Thomas and K. Galatas, is denied, and the defendants shall have twenty (20) days from the date of this Memorandum and Order to answer the complaint; 5. That filing no. 42, the plaintiff's Objection to Motion for Relief from Erroneously Served Summons, and filing no. 46, the plaintiff's Objection to Motion to Dismiss, are granted insofar as the plaintiff asks the court to refrain at this time from dismissing the above-entitled case; and 6. That filing nos. 55, 57, 58 and 59, the plaintiff's Motions to Compel, are granted insofar as the plaintiff may obtain the information he seeks through discovery. Signed by Judge Richard G. Kopf on 12/9/2005. (JAR)
January 9, 2006
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VACATED - MEMORANDUM AND ORDER - Kellie Paris Asaka, Esq. is appointed to represent the plaintiff as his attorney in the above-entitled litigation. Within ten (10) days of the date of this Order, Ms. Asaka shall enter an appearance in this case and shall contact the plaintiff to make arrangements to confer in person or by telephone with the plaintiff. Ms. Asaka is appointed to assist the plaintiff for all purposes in connection with this litigation. Ms. Asaka shall prepare such "Application(s) for Authorization to Incur Expenses" and "Request(s) for Reimbursement" as may be appropriate to obtain reimbursement for the costs associated with retention of any expert witness(es). The administrative proceedings relating to involuntary medical procedures shall be postponed until Ms. Asaka has had a reasonable time to become acquainted with the case. Counsel for the parties shall file the joint status reports discussed above. In addition to the parties, the Clerk of Court shall furnish a copy of this Memorandum and Order to Kellie Paris Asaka, Esq. Attorney Kellie P. Asaka for Isiah J. Jones added and this Order sent via the Electronic Case Filing. Paper Copy mailed to Isiah J. Jones. Signed by Magistrate Judge F. A. Gossett on 1/9/2006. (GJG, ) Modified on 1/26/2006 to vacate pursuant to Memorandum and Order 76 (GJG, ).
January 10, 2006
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ORDER striking Corrective Entry MOTION to Remove Restraining Order regarding Response, 70. Report to the Court should NOT be construed as a motion. Signed by Magistrate Judge F. A. Gossett on 1/10/2006. (JAR)
January 26, 2006
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MEMORANDUM AND ORDER - With the consent and agreement of Ms. Asaka, filing no. 69 my Memorandum and Order of January 9, 2006, is vacated, as is filing no. 74 Ms. Asaka's Entry of Appearance. Matthew T. Knoblauch, Esq. is appointed to represent the plaintiff as his attorney in the above-entitled litigation on the same terms and conditions regarding compensation as previously applied to Ms. Asaka. Mr. Knoblauch is appointed to assist the plaintiff for all purposes in connection with this litigation, including, without limitation, preparing for administrative and judicial proceedings, amending pleadings, conducting discovery, and retaining expert witness(es). Mr. Knoblauch shall prepare such advance "Application(s) for Authorization to Incur Expenses" and "Request(s) for Reimbursement" as are appropriate to obtain reimbursement for the costs associated with retention of any experts. The court is insufficiently informed to make any determination at this time regarding whether a stay should continue regarding involuntary medication of the plaintiff; therefore, no such stay will remain in effect; however, counsel for the plaintiff may present whatever information or motions he deems appropriate, in writing, at any time, and he may conduct whatever discovery he needs to protect the plaintiff; counsel for the defendants shall cooperate fully with requests for discovery by the plaintiff's attorney. Beginning on February 1, 2006, and continuing for as long as the plaintiff is receiving any medication or medical procedures to which he does not consent, the defendants shall file with the court under seal and serve on the plaintiff's attorney, a status report on the first day of each calendar month, stating in detail what medication and medical procedures have been administered to the plaintiff without his consent during the previous calendar month and the medical purpose(s) for which each such medication and procedure was administered. Filing nos. 72 73 and 75 are granted to the extent consistent with this Memorandum and Order and are otherwise denied. The Clerk of Court shall send a copy of this Memorandum and Order to Kellie Paris Asaka, Esq. and to Matthew T. Knoblauch, Esq. Signed by Magistrate Judge F. A. Gossett on 1/26/2006. (GJG, )
June 15, 2006
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MEMORANDUM AND ORDER granting in part and denying in part 85 Motion to Stay. Discovery is not stayed, and the defendants shall respond fully and responsibly, and in a timely manner, to the plaintiff's discovery requests. However, after I rule on the pending motions for injunctive relief, a progression order will be entered and a planning conference will be scheduled. I expect to resolve the pending motions for injunctive relief within the next few weeks. In the meantime, if the parties wish to add any information to the record in support of, or in opposition to the pending motions, they may do so by June 30, 2006. Signed by Judge Richard G. Kopf on 6/15/2006. (JAR)
August 10, 2006
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as DCS is effectively already a party to this litigation for purposes of prospective injunctive relief; 4. That filing no. 96, the Motion for Summary Judgment filed by the DCS defendants is granted in part and denied in part as follows: a. Filing no. 96 is granted in that: The plaintiff cannot recover damages from any of the DCS defendants in their official capacity; the plaintiff cannot recover prospective injunctive relief involving Fred Britten, the Facility Administrator at TSCI, Dr. Richard Elliott, who retired on July 18, 2005, and Physician's assistant Steve Lemar, who has left DCS; the plaintiff cannot recover any relief as to Frank Hopkins or Dr. Randy Kohl to the extent the plaintiff's claims against those defendants are founded on principles of vicarious liability or respondeat superior; andb. In all other respects, filing no. 96 is denied, without prejudice to reassertion of a summary judgment motion after the plaintiff has filed an Amended Complaint, the deMEMORANDUM AND ORDER regarding pending motions: THEREFORE, IT IS ORDERED:1. That filing no. 62, the Motion for Temporary Restraining Order ("TRO") filed by the plaintiff, Isiah J. Jones, is denied; 2. That filing no. 78, the plaintiff's Motion for Preliminary Injunction, is denied; 3. That filing no. 91, the plaintiff's Motion to Compel, Motion to Join Party, and Application for Authorization to Incur Expense, and filing no. 94, the defendants' objection to filing no. 91, are granted in part and denied in part as follows:a. The Motion to Compel and to Incur Expense is denied at this time, subject torenewal once the issues have been clarified by the amended pleadings; b. The Motion to Add Party is granted, fendants have responded, and the parties have completeddiscovery; 5. That filing no. 99, the plaintiff's Motion to Continue Defendants' Motion for Summary Judgment is granted as set forth in this Memorandum and Order; 6. That filing no. 102, the Motion for Summary Judgment filed by defendants- Janssen Williams, M.D., Kris Galatis and Dave Thomas, is denied at this time, without prejudice to reassertion of a summary judgment motion after the plaintiff has filed an Amended Complaint, the defendants have responded, and the parties have completed discovery; 7. That filing no. 107, the plaintiff's Motion for Extension of Time to File Opposition to filing no. 102 is granted in that filing no. 102 has been denied without prejudice to reassertion after the plaintiff has filed an Amended Complaint, the defendantshave responded, and the parties have completed discovery; and 8. That Magistrate Judge F. A. Gossett is requested to enter a Progression Order setting a schedule for matters including the amendment of pleadings, completion of discovery, filing of motions and such planning conference(s) as the parties may considerhelpful. Signed by Judge Richard G. Kopf on 8/10/2006. (Copy to Judge Gossett) (JAR)
February 20, 2007
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ORDER regarding 139 Stipulation. Insofar as the parties' Stipulation (filing no. 139) is consistent with this Memorandum and Order, filing no. 139 is granted and approved. Ordered by Magistrate Judge F. A. Gossett.(JAR)
March 15, 2007
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MEMORANDUM AND ORDER - IT IS ORDERED: That the Clerk of Court shall immediately pay the sum of $1,000 to Matthew T. Knoblauch, Esq. based upon his entry of appearance; That the second and last $1,000 installment of Mr. Knoblauch's fee shallbecome due and payable upon the entry of judgment in the district court or upon an order by the court terminating Mr. Knoblauch as the plaintiff's attorney;That Mr. Knoblauch may incur reasonable expenses in his representation ofthe plaintiff in accordance with the Amended Plans for Administration of the Federal Practice Fund and the Federal Practice Committee, III(A) and VI(C), (E)-(I); NEGenR 1.2(I) 2 and 1.7(g) and NECivR 54.4 (see generally http://www.ned.uscourts.gov/fpo /crtplans/crtplans.html); That if this suit results in an award of attorney's fees pursuant to 42 U.S.C.§ 1988, Mr. Knoblauch shall reimburse the Federal Practice Fund from that award for the lesser amount of (a) the attorney's fee and expenses authorized in this order or (b) the attorney's fee and expenses awarded pursuant to 42 U.S.C. § 1988, and he shall retain the greater of those two amounts.Ordered by Judge Joseph F. Bataillon. (PCV, ) (Copy to Finance)
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)
July 10, 2007
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MEMORANDUM AND ORDER granting 147 Motion for Summary Judgment; granting 152 Motion for Summary Judgment. IT IS ORDERED that: (1) The motion for summary judgment on behalf of Defendants Elliott, Kohl, Britten and LaMar (filing 147) is granted, and this case is dismissed with prejudice against said defendants. (2) The motion for summary judgment on behalf of Defendants Nebraska Department of Correctional Services and Frank Hopkins (filing 152) is granted, and this case is dismissed with prejudice against said defendants. (3) This case will proceed against Defendants Dr. Janssen Williams and Kris Galatis. (4) My chambers shall provide Magistrate Judge Gossett with a copy of this memorandum and order so that he may take it into consideration during the pretrialconference scheduled before Judge Gossett on July 30, 2007, at 11:00 a.m. Ordered by Judge Richard G. Kopf.(JAB)
July 11, 2007
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ORDER. To avoid confusion, it is ordered that Magistrate Judge Gossett, and not Magistrate Judge Piester, will hold the pretrial conference previously scheduled for July 30, 2007, at 11:00 a.m. in Omaha. Unless otherwise changed by Judge Gossett, the date, time and place of the pretrial conference remain the same.Ordered by Judge Richard G. Kopf. (KLL, )
July 16, 2007
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MEMORANDUM AND ORDER regarding: Response159 filed by Isiah J. Jones. IT IS ORDERED that the court's order (filing 161) granting the defendants' motions for summary judgment (filings 147&152) shall not be altered and shall stand as written. Ordered by Judge Richard G. Kopf. (JAB)
August 29, 2007
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ORDER - All further matters typicaly handled by magistrate judges shall be handled by Judge Piester in this case. Counsel for the parties are requested to reschedule the telephone conference referenced in filing 169 by contacting Judge Piester's judicial assistant. The September 17, 2007 conference is therefore cancelled subject to rescheduling. Ordered by Judge Richard G. Kopf. (JAB)
September 18, 2007
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ORDER granting 174 Motion to Extend Time. Plaintiff's motion for enlargement of time, filing 174, is granted and plaintiff is given a five day extension of time to file a reply brief. Ordered by Magistrate Judge David L. Piester.(JAB)
September 25, 2007
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ORDER granting 177 Motion to Extend. IT IS ORDERED: Plaintiff's motion for enlargement of time, filing 177, is granted and plaintiff is given until October 1, 2007 to file a reply brief. Ordered by Magistrate Judge David L. Piester.(JAB)
October 2, 2007
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MEMORANDUM AND ORDER denying 171 Motion to Compel. Ordered by Magistrate Judge David L. Piester.(JAB)
October 2, 2007
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ORDER striking 181 Motion for TRO. Plaintiff is represented by counsel, and therefore all communications with the court must be through and by counsel. For that reason, IT IS ORDERED, the motion, filing 181, is deemed stricken. Ordered by Magistrate Judge David L. Piester.(JAB)
October 11, 2007
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ORDER - The Rule 16 telephone planning is placed back on the calendar and is set for October 30, 2007 at 9:00 a.m. with the undersigned magistrate judge. Plaintiff's counsel shall initiate the call to chambers at 402-437-5235. Planning Conference set for 10/30/2007 at 09:00 AM by Telephone before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester. (JAB)
December 7, 2007
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ORDER - The motions, filings 186 and 190 are deemed stricken, and the clerk shall send them to counsel for plaintiff. The clerk is directed not to file anything that comes directly from the plaintiff. All filings should come only from plaintiff's attorney. Ordered by Magistrate Judge David L. Piester. (Copies mailed to pro se party and counsel)(GJG, )
February 25, 2008
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(JAB)ORDER - On the court's own motion, 1. The deposition deadline is continued to April 4, 2008. 2. All case progression deadlines set by reference to the deposition deadline are continued accordingly. Ordered by Magistrate Judge David L. Piester.
March 14, 2008
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MEMORANDUM AND ORDER granting in part and denying in part 187 Motion for Summary Judgment. 1. The motion for summary judgment filed on behalf of defendant Dave Thomas (filing 187) is denied as moot, and this case shall be dismissed against him without prejudice; 2. The motion for summary judgment filed on behalf of defendants Janssen Williams, M.D., and Kris Galatis (filing 187) is granted, and these parties shall be dismissed with prejudice; 3. Pursuant to the courts prior order (filing 161), defendants Elliott, Kohl, Britten, LaMar, Nebraska Department of Correctional Services, and Frank Hopkins are dismissed with prejudice; 4. Defendant Cherry, who was not sued in Plaintiff's second amended complaint (filing 113), is dismissed without prejudice; 5. By separate judgment, this case shall be dismissed. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
April 1, 2008
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MEMORANDUM AND ORDER denying 199 Motion to Alter or Amend Judgment. Plaintiff shall have ten days, or until April 15, 2008, in which to file a notice of withdrawal of appeal in this matter. In the event that Plaintiff seeks to proceed with his appeal, he shall submit to the Clerk of the Court either the full $455.00 appellate filing fee or a certified copy of his prison account for the last six months within 20 days of the dateof this order, or no later than April 21, 2008. If Plaintiff does not timely submit the required prison account information, the court will assess "an initial appellate partial fee of $35 or such other amount that is reasonable, based on whatever information the court has about the prisoner's finances." The Clerk of the Court shall not process the appeal in this matter pending further order of the court. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
April 16, 2008
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MEMORANDUM AND ORDER regarding Notice of Appeal to USCA198 filed by Isiah J. Jones. Pursuant to the courts April 1, 2008, order (filing 201), the plaintiff has elected to proceed with his appeal and has submitted to the Clerk of the Court the full $455.00 appellate filing fee. Accordingly, IT IS ORDERED that the Clerk of the Court shall now process the appeal in this matter. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
May 9, 2008
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ORDER granting 209 Motion for Reimbursement from Federal Practice Fund in the amount of $344.40. A copy of this Order shall be provided to Pat Williamson of the Clerk's Office. Ordered by Chief Judge Joseph F. Bataillon. (Copy to provided as directed. )(JAE, )
June 11, 2008
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MEMORANDUM AND ORDER - Plaintiff's Praecipe for Transcript (filing 212) is denied; Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing 213) is denied as moot. Plaintiff has paid the full appellate filing fee. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)