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05-5024 - Fletcher et al v. Brown County et al


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05-5024 - Fletcher et al v. Brown County et al
May 15, 2006
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ORDER granting 69 Motion to Extend, granting 70 Motion to Extend. The defendants shall have 30 days from the date the court rules upon the motions todismiss (filings nos. 15, 40, 44-48, 50, and 59) to respond to the plaintiff's motion for summary judgment (filing no. 66). Signed by Magistrate Judge F. A. Gossett on 5/15/2006. (ADB)
May 24, 2006
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e Brown County defendants andthe Cherry County defendants may be subject, without further notice, to dismissalwithout prejudice; c. Because the plaintiff has been granted leave to file a Second Amended Complaint, filing no. 15 is denied as to Brown CMEMORANDUM AND ORDER: IT IS ORDERED: Plaintiffs-Alice Fletcher and Aliene Clark are dismissed without prejudice from this litigation, and the Clerk of Court shall modify the court's records to reflect that the only remaining plaintiff in this action is Robert Fletcher; Discovery: Filing nos. 56 and 57 (Motions for Protective Order) and filing no. 63 (Objection to Motion to Compel) are granted, and filing no. 42 (Motion to Compel) is denied; Strike: Filing no. 58 (Motion to Strike) is granted, and filing nos. 52, 53, 54 and 55 are stricken at the request of the State defendants; Amend: Filing no. 65, the plaintiff's Motion to Amend, is granted, and the First Amended Complaint is accepted for filing instanter; all of the defendants' Motions to Dismiss have been considered in light of the First Amended Complaint (filing no. 65-2) in lieu of the original complaint; State Defendants: Filing no. 59, the Motion to Dismiss filed by the State defendants, is granted; the State defendants (i.e., Doug Stanton, Monika Anderson, Prairey Walkling, State of Nebraska, and Nebraska Department of Health&Human Services) are dismissed from this litigation; in light of the dismissal of the State defendants, filing no. 61, the Motion to Stay filed by the State defendants, is granted retroactively; filing no. 40, the Motion to Dismiss filed by Lenone Koenig, a former state employee, is grantedon the additional basis of insufficient service of process; City Police Chief: Filing no. 50, the Motion to Dismiss filed by Benjamin McBride, Chief of Police for the City of Valentine, Nebraska, is granted; Subordinate Units of Cherry County: Filing nos. 45 and 46 are granted, and the "Office of Cherry County Attorney" and the "Cherry County Sheriff's Department" are terminated as separate defendants; those entities are component units of CherryCounty, Nebraska; Counties and Officials: Filing no. 15, the Motion to Dismiss filed by theBrown County defendants, and filing no. 44, the Motion to Dismiss filed by Cherry County,are granted in part and denied in part as follows: a. The remaining plaintiff, Robert Fletcher, has failed to state a claim for reliefbased on a county policy or custom as the proximate cause of a constitutional injuryto the plaintiff;b. The plaintiff is granted until June 30, 2006 to file a Second AmendedComplaint against the County defendants; in the absence of a timely and sufficientSecond Amended Complaint, the claims against thounty defendants-David Streich and Steve Hapner, without prejudice to reassertion in an appropriate form after the plaintiff files a Second Amended Complaint; filing nos. 47 and 48, the Motions toDismiss filed by Cherry County officials Scott and Kreycik, are denied on the sameterms for the same reasons, subject to a timely and sufficient Second AmendedComplaint; Summary Judgment: Filing no. 66, the plaintiff's Motion for SummaryJudgment, is denied; and Interlocutory Order: Pursuant to Fed. R. Civ. P. 54(b), this decision is nota final and appealable order until after entry of judgment adjudicating all the claims andrights of the parties; nor will the court certify the order for interlocutory appeal. Signed by Judge Joseph F. Bataillon 5/24/2006. Amended Complaint due by 6/30/2006. (PCV, )
June 16, 2006
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ORDER granting 78 Motion to Withdraw as Attorney. The clerk shall send Jennifer Tomka a copy of this order, and then remove her from the distribution list for this case. Frederick Coffman will now be the counsel on record for the defendants in this case. Signed by Magistrate Judge F. A. Gossett on 6/16/2006. (PCV, ) (copy of order sent to counsel as directed)
July 11, 2006
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ORDER denying as moot 73 Motion to Deny Dismissal of All Defendants, denying as moot 74 Motion to File and Recognize Complainant's First Amended Complaint, denying as moot 75 Objection to Order on Motion to Extend, denying as moot 84 Motion to Dismiss First Amended Complaint. Signed by Judge Joseph F. Bataillon on 7/11/2006. (SMS, )
August 15, 2006
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ORDER granting 100 Motion to Extend. The parties are granted additional time in which to meet and confer pursuantto Fed. R. Civ. P. 26(f) and shall file their report on or before September 18, 2006regarding their discovery plan. Ordered by Magistrate Judge Thomas D. Thalken.(ADB)
October 25, 2006
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MEMORANDUM AND ORDER that the defendants' motions to dismiss, 88 and 92, are denied in part and granted in part as set forth herein. The magistrate shall issue a progression order in accordance with this memorandum and order. Ordered by Judge Joseph F. Bataillon. (JAE, )
November 1, 2006
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ORDER - A telephone conference with the undersigned magistrate judge will be held ten working days following the court's ruling on any dispositive motions based on qualified immunity for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiff's counselshall schedule and initiate the telephone conference. (At the request of the parties, the conference may be held in chambers). All requests for changes of deadlines established by this order shall be directed to the magistrate judge by appropriate motion. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
November 7, 2006
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AMENDED ORDER granting 106 Oral Motion by the parties to Amend the Progression order; This matter is before the court following a telephone conference with counsel on November 7, 2006, seeking an amendment of the previous progression order. Upon consideration, IT IS ORDERED that the deadlines and dates are amended as set forth in this order and a telephone planning conference with the undersigned magistrate judge will be held ten (10) working days following the court's ruling on any dispositive motions based on qualified immunity for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiff's counsel shall schedule and initiate the telephone conference; all requests for changes of deadlines established by this order shall be directed to the magistrate judge by appropriate motion. Ordered by Judge Thomas D. Thalken.(PCV, )
November 8, 2006
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en. (PCV, )CORRECTED AMENDED ORDER regarding Amended Order 107; Due to a clerical error in numbered paragraph 3, the date in paragraph 3 was incomplete. The correct date should be March 8, 2007; This matter is before the court following a telephone conference with counsel on November 7, 2006, seeking an amendment of the previous progression order. Upon consideration, IT IS ORDERED that the deadlines and dates are amended as set forth in this order and a telephone planning conference with the undersigned magistrate judge will be held ten (10) working days following the court's ruling on any dispositive motions based on qualified immunity for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiff's counsel shall schedule and initiate the telephone conference; all requests for changes of deadlines established by this order shall be directed to the magistrate judge by appropriate motion. Ordered by Magistrate Judge Thomas D. Thalk
January 12, 2007
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ORDER denying 111 MOTION to Extend Deadline for Discovery, sustaining 112 OBJECTION to Motion to Extend 111 Deadline for Discovery Ordered by Magistrate Judge Thomas D. Thalken.(PAV)
January 16, 2007
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ORDER that Frederick J. Coffman's motion to substitute as counsel for the defendantsState of Nebraska, Department of Health and Human Services, Monika Anderson, PraireyWalking and Doug Stanton (Filing No. 121) is granted. Phillip G. Wright's motion to withdraw as counsel for the plaintiff (Filing No.119) is held in abeyance. The plaintiff, Robert Fletcher, shall have to on or before February 6, 2007,to respond to the motion to withdraw by filing a brief with the Clerk of Court. Doug Stanton's Motion to Quash (Filing No. 122) is granted. The January9, 2007 subpoena issued for the appearance of Doug Stanton at a deposition on January18 or 19, 2007 is quashed. The deposition should be rescheduled, if appropriate, afterresolution of the status of the plaintiff's counsel. Ordered by Magistrate Judge Thomas D. Thalken. (copy mailed to Robert Fletcher as directed)(ADB)
January 17, 2007
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ORDER denying as moot 124 MOTION to Compel, granting 127 MOTION to Extend Discovery Response Time. Ordered by Magistrate Judge Thomas D. Thalken.(PAV)
January 22, 2007
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ORDER that the Clerk of Court shall strike the following documents from the record: Notice of Depositions Pursuant to Fed.R.Civ.P. 30(B)(6) (Filing No.130); The plaintiff's Demand for Discovery (Filing No. 131); The plaintiff's Motion to Compel (Filing No. 132); Notice of Depositions Pursuant to Fed.R.Civ.P. 30(B)(6) (Filing No.134); The plaintiff's Motion to Extend Deadline for Discovery (Filing No. 135). The defendants' motions to quash (Filing Nos. 137 and 138) are denied, asmoot. The Clerk of Court shall send a copy of this order to:Robert Fletcher,534 North Oak,Ainsworth, NE 69210. Ordered by Magistrate Judge Thomas D. Thalken. (copy mailed as directed)(ADB)
January 31, 2007
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ORDER granting 119 Motion to Withdraw Phillip G. Wright as Attorney for plaintiff. The plaintiff is now proceeding pro se and counsel for the defendants maycommunicate with the plaintiff directly. Mr. Fletcher's Objection to Order (Filing No. 148) is overruled. The defendants' Motion to Strike (Filing No. 147) is granted, in part anddenied in part as set forth below. The Clerk of Court shall strike the following documents from the record: Notice of Depositions Pursuant to Fed.R.Civ.P. 30(B)(6) (Filing No.142) and Notice of Depositions Pursuant to Fed.R.Civ.P. 30(B)(6) (Filing No.143). The plaintiff's Motion for Reconsideration (Filing No. 136) is granted. Any discovery required for any motion based on qualified immunity shall beconcluded on or before February 28, 2007. The defendants shall file any dispositive motion based on qualified immunityon or before March 8, 2007. The plaintiff will have thirty days after the filing of suchmotion to file a response. The Clerk of Court shall send a copy of this order to:Robert Fletcher,534 North Oak,Ainsworth, NE 69210. Ordered by Magistrate Judge Thomas D. Thalken. (copy mailed as directed)(ADB)
February 9, 2007
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ORDER regarding 171 Motion for Protective Order, regarding 175 Motion to Quash, regarding 176 Motion to Quash, regarding 177 Motion for Protective Order. The motions are granted, in part, in that all depositions currently noticed are stayed and shall not be taken until further order of the court. All discovery in this matter is stayed pending the court's ruling on the parties' existing discovery disputes. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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 2, 2007
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MEMORANDUM AND ORDER - 1. Filing 154, plaintiff's demand for discovery, treated as a motion, is denied. 2. Filing 155 plaintiff's motion to compel, is denied. 3. Filing 159 Prairie Walkling's motion to quash, is granted. 4. Filing 163 plaintiff's motion for writ of mandamus, is denied. 5. Filing 168 plaintiff's motion to compel, is denied. 6. Filing 170 plaintiff's motion to deny filing 159 is stricken. 7. Filing 171 defendants' motion for a protective order, is granted in part and denied in part, as follows: a. The motion is granted to the extent that plaintiff shall not notice a deposition of Aliene Clark without prior court approval. b. In all other respects the motion is denied without prejudice. 8. Filing 173 plaintiff's motion to compel service of subpoena, is denied without prejudice. 9. Filing 174 plaintiff's motion to issue subpoenas, is denied without prejudice. 10. Filing 175 Doug Stanton's motion to quash, is granted. 11. Filing 176 Benjamin McBride's motion to quash, is denied without prejudice. 12. Filing 177 Doug Stanton's and Prairie Walkling's motion for protective order, is denied without prejudice. 13. Filing 182 plaintiffs motion for hearing, is denied. 14. Filing 183 plaintiff's motion to deny filing 175 is stricken. 15. Filing 184 plaintiff's motion to deny filing 176 is stricken. 16. Filings 187 defendants' motion to compel discovery, is denied without prejudice. 17. Filing 192 plaintiff's motion for hearing, is denied. 18. Filing 193 plaintiff's objection to defendants' request for production, is stricken. 19. Filing 194 plaintiff's motion to deny filing 187 is stricken. 20. Filing 197 defendants' supplemental motion to compel discovery, is denied without prejudice. 21. Filing 203 defendants' motion for enlargement of time, is granted instanter, and filings 204 205 and 206 are accepted for filing.22. Filing 207 plaintiff's motion to extend deadline for discovery, is granted, as follows: a. The stay of discovery imposed by the court on February 9, 2007 (filing 181) is lifted. b. Any discovery related to qualified immunity shall be concluded by September 3, 2007. 23. Filing 208 plaintiff's motion to deny defendants' motions for summary judgment, is denied. 24. Plaintiff shall have until September 21, 2007, to respond to defendants' motions for summary judgment (filings 200, 204). Ordered by Chief Judge Joseph F. Bataillon.(GJG, )
September 12, 2007
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MEMORANDUM AND ORDER - Discovery by Plaintiff Robert Fletcher regarding the policies and procedures of the Nebraska Department of Health and Human Services is prohibited. Defendants in this matter are hereby precluded from raising any defense based on their following of the Nebraska Department of Health and Human Services policies and procedures. In the event that Plaintiff does not comply with this order, the deposition will be terminated and no additional discovery will be permitted. Ordered by Judge Richard G. Kopf. (GJG, )
September 13, 2007
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MEMORANDUM AND ORDER - Limited discovery by Plaintiff Robert Fletcher regarding the five previous criminal prosecutions of him by Mr. Scott shall be permitted. Such questioning shall last no longer than 15 minutes and shall generally relate to why the criminal matters were filed and dismissed. As agreed to by Ms. Jessel, the court reporter shall time the questioning. In the event that Plaintiff does not comply with this order, the deposition will be terminated and no additional discovery will be permitted. Ordered by Judge Richard G. Kopf. (GJG, )
September 13, 2007
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MEMORANDUM AND ORDER regarding additional disputes which arose during two depositions taking place today in Cherry County, Nebraska. Findings regarding emergency telephonic hearings...Ordered by Judge Richard G. Kopf. (JAB)
September 26, 2007
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MEMORANDUM AND ORDER - The court was contacted this date by telephone by the plaintiff and counsel in this case concerning questions being posed by plaintiff to deponent Monika Anderson in plaintiff's extant deposition of her. IT THEREFORE HEREBY IS ORDERED, 1. The deponent shall answer the question posed. 2. Until the matter of qualified immunity has been resolved, discovery in this matter is limited to the subject of qualified immunity of the remaining defendants in their individual capacities, unless the parties agree otherwise inparticular instances. 3. The parties are encouraged to attempt to resolve their objections without the involvement of the court or to address their differences in such manner as will permit the deposition(s) to be completed. Ordered by Magistrate Judge David L. Piester. (JAB)
October 22, 2007
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MEMORANDUM AND ORDER - Plaintiff's motion to extend discovery 237 is granted in part. The deadline for completing discovery is extended to October 24, 2007. Plaintiff's response to Defendants' motions for summary judgment (filing nos. 200 and 204) is due no later than November 9, 2007. No further extensions of these deadlines will be permitted. Plaintiff's previous motion to extend discovery deadline 220 is denied as moot. Defendants' motion for protective order 239 is granted in part. The deposition of non-party Doug Stanton may take place on October 24, 2007 in accordance with this memorandum and order. Plaintiff shall be limited to one hour of questioning, not including breaks. Counsel for Defendants may participate by telephone if necessary. Nebraska Health and Human Services' motion for protective order 245 is granted in part. Plaintiff's questioning of Mr. Stanton shall relate to the issue of qualified immunity only. Plaintiff shall not conduct discovery regarding the policies and procedures of NDHHS. To the extent that Plaintiff's document requests would require the production of documents prohibited from disclosure by state and federal law, such documents need not be produced by Mr. Stanton at this time. Nebraska Health and Human Services' motion for protective order 232 is denied as moot. Nebraska Health and Human Services' motion for protective order 244 is denied as moot. This motion was amended and superseded by filing no. 245. Plaintiff's motion and amended motion to continue subpoena 230 and 231 are granted in accordance with this memorandum and order. To the extent that Mr. Stanton seeks to quash a subpoena, he should file the appropriate motion along with evidentiary support, including a copy of the subpoena. Plaintiff's motion and amended motion to withdraw document 217 and 218 are denied as moot. Plaintiff's motion to reconsider 212 is denied. All parties shall comply with the court's previous orders regarding discovery. Ordered by Judge Joseph F. Bataillon. (Copies mailed to pro se party) (KBJ) Modified on 10/24/2007 to reflect that the motions (filing nos. 230 and 231) are granted pursuant to this order, and not denied(KBJ).
March 18, 2008
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MEMORANDUM AND ORDER granting 200 Motion for Summary Judgment, all claims against Defendants Brown County, David Streich, and Steve Hapner are dismissed with prejudice; granting 204 Motion for Summary Judgment, all claims against Defendants Cherry County, Eric Scott, and Joe Kreycik are dismissed with prejudice; Plaintiff's 247 Motion for Summary Judgment is stricken; Defendant's 252 Motion to Strike is granted in accordance with this Memorandum and Order. A separate judgment in accordance with this Memorandum and Order will be entered. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)
June 26, 2008
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MEMORANDUM AND ORDER - Plaintiff's Objection to Taxation of Costs and Motion for Judicial Review 265 is denied. In accordance with filing no. 262, costs remain taxed against Plaintiff in the amount of $2,385.15. Ordered by Chief Judge Joseph F. Bataillon.(Copy mailed to pro se party) (KBJ)