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06-3228 - McElroy v. Willey et al


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06-3228 - McElroy v. Willey et al
May 9, 2007
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ORDER - Defendant Jason Warner's motions for leave to file answer or motion out of time (filings 11, 21 ) are granted, as follows: Defendant shall have until June 1, 2007, to file an answer or a motion under Federal Rule of Civil Procedure 12(b) or (e). The clerk of the court shall rename the plaintiff's motion to deny defendants motions (filing 24 ) as a brief. Plaintiff's motion for entry of default against Defendant Jason Warner (filing 18) is denied. Ordered by Judge Richard G. Kopf. Sent to plaintiff via U.S. Mail.(GJG, )
May 9, 2007
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MEMORANDUM AND ORDER - Defendant Nebraska Health and Human Services System's motion to dismiss (filing 12) is granted pursuant to Fed. R. Civ. P. 12(b)(1). Defendant Liz Willey's motion to dismiss (filing 14), filed in her official capacity only, is granted pursuant to Fed. R. Civ. P. 12(b)(1). The clerk of the court shall rename the plaintiff's motion to deny defendants motions to dismiss (filing 17) as a brief. There being no just reason for delay, final judgment shall be entered by separate document pursuant to Fed. R. Civ. P. 54(b). Ordered by Judge Richard G. Kopf. Sent to plaintiff via US Mail.(GJG, )
June 1, 2007
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ORDER denying as moot 26 Plaintiff's motion to compel discovery. ***Copy of order mailed via U.S. Mail to Arthur McElroy's last known address. Ordered by Judge Richard G. Kopf.(KLL, )
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. ยง 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, )
August 28, 2007
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MEMORANDUM AND ORDER - 1. Plaintiff shall have until October 12, 2007 to file a motion for default judgment against Defendant Kevin Diks. Such motion shall fully comply with Federal Rule of Civil Procedure 55 and Nebraska Civil Rule 55.1. 2. In the absence of Plaintiff's motion for default judgment, this matter will be dismissed as to Defendant Kevin Diks without prejudice and without further notice to Plaintiff. 3. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 12, 2007: deadline for filing motion for default judgment against Defendant Kevin Diks. Ordered by Judge Richard G. Kopf. (Copy mailed to plaintiff)(CS, )
October 10, 2007
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ORDER - Pursuant to Fed. R. Civ. P. 55(c), and for good cause shown, IT IS ORDERED that: Defendant Kevin Diks' motion to set aside default, filing 44, is granted, and the entry of default by the clerk on September 11, 2007, filing 42, is hereby set aside. Plaintiff's application for entry of default judgment, filing 43, is denied. Ordered by Judge Richard G. Kopf. (Copy mailed all pro se parties).(GJG, )
November 15, 2007
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MEMORANDUM AND ORDER - 1. Defendant Jason Warner's motion to dismiss (filing 33), filed in his official capacity only, is granted pursuant to Fed. R. Civ. P. 12(b)(1), and, there being no just reason for delay, final judgment shall be entered by separate document pursuant to Fed. R. Civ. P. 54(b), dismissing this official-capacity defendant from the action. 2. Defendants' motion for a protective order (filing 31) is denied. 3. Defendant Kevin Diks' motion to dismiss (filings 45, 50) is granted pursuant to Fed. R. Civ. P. 12(b)(5). 4. Pursuant to Fed. R. Civ. P. 4(m), Plaintiff is granted an extension of time, until December 31, 2007, to serve Defendant Kevin Diks with summons and a copy of the complaint and to file proof of service. If proof of service is not filed by December 31, 2007, the court, without further notice, may dismiss this action without prejudice as against Defendant Kevin Diks. 5. The Clerk of the court is directed to set a pro se case management deadline using the following text: "December 31, 2007: Plaintiff's deadline for filing proof of service." 6. Defendant Kevin Diks' motion for appointment of counsel (filings 48, 51) is denied without prejudice. Ordered by Judge Richard G. Kopf. (Copies mailed to pro se party and Kevin Diks)(CS, )
November 15, 2007
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JUDGMENT - Pursuant to the court's memorandum and order 52 entered this date, and Federal Rule of Civil Procedure 54(b), FINAL JUDGMENT is entered dismissing without prejudice the plaintiff's claims against the defendant Jason Warner, in his official capacity, for lack of subject matter jurisdiction. The action shall proceed against the defendant Jason Warner in his individual capacity and against the other defendants. Ordered by Judge Richard G. Kopf. (Copies mailed to pro se party and Kevin Diks)(CS, )
February 14, 2008
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STIPULATED PROTECTIVE ORDER - The Confidential Material and any copies thereof shall be utilized by the undersigned parties solely in connection with discovery, pretrial proceedings, preparation for trial, trial, appeal and/or settlement, and for no other purpose, and shall not be disseminated, published, shown or otherwise disclosed to any person or entity except as provided herein. (Attachments: # (1) Exhibit A)Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
April 8, 2008
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MEMORANDUM AND ORDER regarding pending motions. 1. By April 28, 2008, Plaintiff shall inform the court whether he would like the court to rule on his Motion to Compel Compliance with Subpoena. (Filing No. 55) The Clerk of Court is directed to set a pro se case management deadline in this case using the following text: April 28, 2008 Check to see if Plaintiff wants ruling on Motion to Compel. 2. Defendant Kevin Dix's Motion for Appointment of Guardian Ad Litem (filing no. 60) is denied without prejudice. 3. Defendant Dix's Request for Production of Documents (filing no. 61)is denied. 4. Defendant Dix's Motion for Court Order (filing no. 62) is granted. The Clerk of Court is instructed to issue Dix two signed blank subpoenas, to be completed by Dix as provided under Federal Rule of Civil Procedure 45. 5. Defendant Dix's Motion to Compel (filing no. 63) is granted. Plaintiff is instructed to comply with Dix's request and produce documents and things described in Dix's requests that are in Plaintiff's possession. 6. Defendant Dix's Motion to Dismiss (filing no. 65) is denied without prejudice. 7. Plaintiff's Motion to Deny Defendants Motion to Dismiss (filing no. 67)is granted. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKL)
July 14, 2008
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ORDER regarding motions. IT IS ORDERED that: 1. Plaintiff's Motions to Compel (filing no. 55&filing no. 73) are denied. 2. Defendant Dix's Motion to have Jack MacGregor appointed counsel (filing no. 75) is denied. 3. Defendants Willey's and Varner's Motions to Quash (filing no. 80&filing no. 82) are denied as moot. 4. Plaintiff's Request for the Clerk to Sign and Affix the Seal of the Court on Subpoena (filing no. 85) is denied. 5. Defendants Varner's and Willey's (filing no. 89) Motion for Summary Judgment is granted. 6. Defendant Dix is dismissed from this action. 7. Defendants Willey's and Varner's Motion to Stay (filing no. 93) is denied as moot. 8. Plaintiff's Motion to Compel (filing no. 95) is denied as moot. 9. Plaintiff's Motion for Summary Judgment (filing no. 98) is denied. 10. Defendants' Objection to Index of Evidence (filing no. 101) is granted in part and denied in part as set forth in this Memorandum and Order. 11. Plaintiff's Motion to Deny Defendants' Objection (filing no. 105) is granted in part and denied in part as set forth in this Memorandum and Order. 12. A separate Judgment will be entered. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKL)