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06-3155 - Llanes et al v. Barton


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06-3155 - Llanes et al v. Barton
August 15, 2006
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ORDER granting 2 Motion for Leave to Proceed in forma pauperis, subject to the admonitions stated in this order. The Clerk of Court shall provide the plaintiff with a summons form for each named defendant, together with Form 285 and a copy of this order. The Marshal shall serve the summons and complaint on the defendants, without payment of costs or fees. The Clerk is directed to create a case management deadline for service of summons of 120 days. Service of Summons set for 12/6/06. Ordered by Magistrate Judge F. A. Gossett. 5 summons and 285 forms sent to plaintiffs.(JAE, )
April 2, 2007
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MEMORANDUM AND ORDER - 1. That filing no. 13, the Motion to Dismiss filed by the State of Nebraska ("State"), the Nebraska State Patrol ("NSP"), and NSP troopers Tuma and Barton in their official capacity, is granted; 2. That the State, the NSP, and Colonel Bryan Tuma in both his individual and official capacities are dismissed from this litigation, and the Clerk of Court shall terminate those parties as defendants on the court's CM/ECF docket; 3. That defendant-Barton in his individual capacity remains a defendant in this litigation, but the plaintiff's claims for damages against Barton in his official capacity are dismissed; 4. That filing no. 15, the defendants' Motion to Stay, is now moot and is denied; 5. That filing no. 19, the Motion to Withdraw filed by one of the defendants' attorneys, Michele M. Lewon, is granted, and the Clerk of Court shall remove her name from the mailing list for this case after sending her a copy of this order; 6. That filing no. 20, the plaintiffs' Motion for Appointment of Counsel, is denied; 7. That defendant-Barton shall answer the complaint within twenty (20) days after the date of this Memorandum and Order; and 8. That within five (5) days of the entry of this Memorandum and Order, the Courtroom Deputy for the undersigned judge shall send the plaintiffs and defendant-Barton a Scheduling Packet. Ordered by Judge Richard G. Kopf. (Copy mailed to plaintiffs)(CS, )
April 17, 2007
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MEMORANDUM AND ORDER denying 26 Motion to Appoint Counsel. If, in the course of this litigation, the plaintiffs find that they need extensions of time to meet deadlines because they are proceeding pro se, they may file written motions for such relief. Ordered by Judge Richard G. Kopf. (Copy mailed to plaintiffs)(CS, )
June 1, 2007
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MEMORANDUM AND ORDER - 1. Plaintiffs' motion for sanctions (filing 28) is denied; 2. On the Court's own motion, Kevin K. Stephenson is granted leave to withdraw as counsel for Defendants; 3. Plaintiffs' motion for reconsideration of this Court's most recent order denying appoinment of counsel (filing 36) is denied; 4. Plaintiff Emilio M. Llanes shall cease acting as an attorney for plaintiff Frances M. Llanes. Noncompliance by Emilio M. Llanes with this order may result in the imposition of sanctions without further notice, which could include dismissal of this action; 5. Plaintiff Frances M. Llanes shall either sign all documents filed on her behalf with this Court from this date forward, obtain counsel, or file a motion asking that she be dismissed as a party. Noncompliance by Frances M. Llanes with this order may result in the imposition of sanctions without further notice, which could include dismissal of this action; and 6. This matter is referred to Magistrate Judge Gossett for determination of what action, if any, to take with regard to the failure of Plaintiffs to sign the report of the Rule 26(f) planning meeting and for entry of a progression order. The Clerk shall provide a copy of this order to the Magistrate Judge. Ordered by Judge Richard G. Kopf. (Copies sent to plaintiffs and Magistrate Judge Gossett)(CS, )
June 4, 2007
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MEMORANDUM AND ORDER - 1. That by July 22, 2007 the parties shall file with the court a new Rule 26(f) planning report signed by both parties; 2. The Clerk of Court shall mail a copy of this Memorandum and Order to the Plaintiffs at their last known address.Ordered by Magistrate Judge F. A. Gossett. (Copy mailed to plaintiffs)(CS, )
June 15, 2007
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MEMORANDUM AND ORDER denying 49 Plaintiff's First Amended Petition Request. IT IS ORDERED that the motion in filing 49 is denied, without prejudice to reassertion of a motion for leave to amend the complaint submitted in compliance with NECivR 15.1. Ordered by Judge Richard G. Kopf. (Copy mailed to Plaintiff)(JAR)
June 20, 2007
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MEMORANDUM AND ORDER that the motion in filing 42 is granted and all discovery proceedings in this matter are stayed until thirty days after the court rules on the motion docketed as filing 44. Ordered by Judge Richard G. Kopf. (Copies mailed to plaintiffs)(CS, )
June 22, 2007
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MEMORANDUM AND ORDER - that the motion in filing 54 is granted to the extent that Plaintiffs shall have until August 6, 2007 to respond to Defendants' motion for summary judgment (filing 44) and is otherwise denied. Ordered by Judge Richard G. Kopf. (Copy mailed to plaintiffs)(CS, )
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 Chief Judge Bataillon. (JAE, )
December 4, 2007
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MEMORANDUM AND ORDER - 1. Plaintiff Emilio LLanes's motion to compel discovery and request for continuance (filing 60) is denied. 2. Defendant Vernon Bartons motion for summary judgment (filing 44) is granted in part and denied in part, as follows: a. Defendant is granted immunity from suit on all claims brought by Plaintiff Frances Llanes under 28 U.S.C. § 1983; b. Defendant is granted immunity from suit on all claims brought by Plaintiff Emilio Llanes under 28 U.S.C. § 1983 except on the claim that Trooper Barton violated the Fourth Amendment by using excessive force, as to which claim the motion for summary judgment is denied; and c. Summary judgment is not granted with respect to any claims arising under Nebraska law. Ordered by Judge Richard G. Kopf. (Copies mailed to pro se parties)(CS, )
February 12, 2008
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MEMORANDUM AND ORDER denying 70 Motion to Extend deadline. If Plaintiffs need an extension of a specific court deadline, Plaintiffs may reassert their Motion to Enlarge Time specifying which deadline they wish to extend and for how long. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
March 18, 2008
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MEMORANDUM AND ORDER regarding pending motions. 1. Plaintiffs' Motion for Subpoena to Produce Documents and Things Duces Tecum (filing no. 69) is denied. 2. Defendant's Motion to Quash Plaintiffs' Subpoenas (filing no. 71) is granted. 3. Plaintiffs' Motion for Hearing regarding Motion to Quash Plaintiffs' Subpoenas (filing no. 72) is denied. 4. Plaintiffs Motion to Enlarge Time of Depositions, Interrogatories, Discovery Dispositive Motions (filing no. 74) is denied. 5. Plaintiffs' Motion for Hearing on Plaintiffs Motion to Enlarge Time (filing no. 75) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
April 22, 2008
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MEMORANDUM AND ORDER granting in part and denying in part 76 Motion to Compel. Defendant shall file a brief in support of his Motion to Quash Plaintiff's Notary Public Subpoena Duces Tecum/Motion to Strike by May 2, 2008. In the absence of the filing of a brief in accordance with this Memorandum and Order, the Motion will be denied. The Clerk of Court is directed to set a pro se case management deadline stating: Defendants Brief in support of his Motion to Quash Plaintiff's Notary Public Subpoena Duces Tecum/Motion due May 2, 2008. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se parties)(JAB)
April 28, 2008
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MEMORANDUM AND ORDER granting 89 Motion to Extend Time to File Dispositive Motions. All depositions, whether or not they are intended to be used at trial, shall be completed by May 26, 2008. All dispositive motions shall be filed on or before June 26, 2008. The Final Pretrial Conference will be held before Magistrate Judge David L. Piester on August 18, 2008 at 9:00 a.m. The trial date will be set by Magistrate Judge Piester at the time of the Final Pretrial Conference. Pro se case management deadline: Pretrial conference before Magistrate Judge Piester to be held on August 18, 2008. Ordered by Magistrate Judge David L. Piester. (Copy mailed to pro se party)(JAB)
July 30, 2008
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MEMORANDUM AND ORDER regarding remaining claims. IT IS ORDERED: 1. Mr. Llanes remaining federal and state claims are dismissed with prejudice pursuant to Fed. R. Civ. P. 37(b) and 41(d) as a sanction for his deliberate and willful disregard of this courts April 22 order directing him to answer questions and provide medical releases; 2. Filing 103, construed as a motion for sanctions and for appointment of counsel, is denied; 2. The court declines to exercise supplemental jurisdiction over Mrs. Llanes' state law claims (her only remaining claims) and dismisses those claims without prejudice; and 3. Judgment shall be entered by separate order. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se parties)(JAB)