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07-3122 - Ballard v. Heineman et al


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07-3122 - Ballard v. Heineman et al
May 30, 2007
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ORDER - The Plaintiff's motion for an enlargement of time to respond to Defendant Jeffrey Meyer's motion to dismiss 12 is granted. The Plaintiff shall file his response to Defendant Jeffrey Meyer's motion to dismiss on or before July 2, 2007. Ordered by Judge Laurie Smith Camp. (MKR)
July 2, 2007
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ORDER granting 15 Motion to Stay, pending the district court's rulings on Motions 9 and 17. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
July 6, 2007
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MEMORANDUM AND ORDER - The Motion of Defendant Lincoln County Attorney Jeffrey Meyer to Dismiss 9 Is denied as moot. The Motion of Defendants Attorney General Jon Bruning, Governor David Heineman, and Trooper No. 371, to Dismiss 17 is denied as moot. The Motion of Defendants Attorney General Jon Bruning, Governor David Heineman, and Trooper No. 371, to Strike the Plaintiff's AmendedComplaint, or in the Alternative, for an Enlargement of Time to Respond to the Amended Complaint 25, is denied in part and granted in part as follows: a. The Motion to Strike the Amended Complaint is denied; b. The Defendants shall respond to the Amended Complaint within 20 days of the filing of this Memorandum and Order. The Plaintiff Rodney A. Ballards Objection to Defendants' Motion to Strike 26 is construed as a brief in opposition to the Motion to Strike,and his Motion for Costs and Fees (also within Filing No. 26) is denied. All Defendants will respond to the Amended Complaint within 20 days of the filing of this Memorandum and Order. Ordered by Judge Laurie Smith Camp.(JAE, )
July 19, 2007
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ORDER DISMISSING DEFENDANT JEFFREY MEYER WITHOUT PREJUDICE- The Plaintiffs motion to dismiss all claims in this action against theDefendant Jeffrey Meyer (Filing No. 33) is granted; The Amended Complaint and all claims are dismissed without prejudice as to Defendant Jeffrey Meyer only; Unless otherwise agreed by and between them, the Plaintiff and Defendant Jeffrey Meyer shall pay their own costs and attorney fees; and The remaining defendants shall respond to the Amended Complaint on or before Thursday, July 26, 2007.Ordered by Judge Laurie Smith Camp. (MKR)
July 23, 2007
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ORDER granting 40 Motion to Stay Discovery. A Rule 26(f) reporting deadline will be entered, if necessary, by further order after the Motion to Dismiss 42is decided. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
August 27, 2007
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MEMORANDUM AND ORDER granting in part and denying in part 42 Motion to Dismiss Plaintiff's Amended Complaint. All claims in the Amended Complaint against Defendants Jon Bruning, David Heineman and Trooper No. 371 in their official capacities are dismissed. The Plaintiff's First and Second Causes of Action are dismissed as to Defendants Jon Bruning and David Heineman. The Plaintiff's Third Cause of Action is dismissed as to all Defendants. The Plaintiff's Fourth Cause of Action is dismissed as to Defendant Trooper No. 371. The Clerk will amend the caption to remove the reference to Lincoln County Attorney Jeffrey Meyer, individually and in his official capacity, in accordance with the Court's Order of 7/19/07 37, and to remove the reference "and in his official capacity" with respect to Defendants Jon Bruning, David Heineman, and Trooper No. 371. Defendant Trooper No. 371 will respond to the First and Second Causes of Action, and Defendants Jon Bruning and David Heineman will respond to the Fourth Cause of Action, on or before 9/14/07. Ordered by Judge Laurie Smith Camp. (JSF)
August 27, 2007
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SCHEDULING ORDER. Counsel for the remaining parties shall confer pursuant to Fed. R. Civ. P. 26(f) and file the report of their planning conference no later than October 1, 2007. Ordered by Judge F. A. Gossett. (CLS, )
October 1, 2007
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ORDER granting 56 Motion to Stay Discovery. All discovery, including the requirement to meet and confer pursuant to Fed. R. Civ. P. 26(f) and initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1), is stayed until further order. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
October 5, 2007
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ORDER - The Plaintiff's objection to the stay and motion for an extension of time to conduct discovery 61 is denied. Plaintiff shall respond to the motions for summary judgment filed by Defendants Bruning and Heineman on or before Monday, October 15, 2007. Ordered by Judge Laurie Smith Camp. (JAE, )
November 15, 2007
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MEMORANDUM AND ORDER - The Plaintiff Rodney A. Ballard's Motion for Summary Judgment Against Defendant Trooper No. 371 69 is denied. The Defendant Attorney General Jon Bruning's Motion for Summary Judgment 53 is granted. The Defendant Governor David Heineman's Motion for Summary Judgment 54 is granted. The Defendant Trooper No. 371 a/k/a Dean Riedel's Motion for Summary Judgment 62 is granted. The Plaintiff's Amended Complaint is dismissed, with prejudice. A separate judgment will be entered. Ordered by Judge Laurie Smith Camp. (JAE, )
January 3, 2008
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ORDER that the Plaintiff Rodney A. Ballard's Motion to Proceed on Appeal in forma Pauperis 79 is granted; The Plaintiff, Rodney A. Ballard, may proceed on appeal without prepaying or giving security for fees and costs. Ordered by Judge Laurie Smith Camp. (MKR)