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06-5001 - Fletcher v. Griffiths


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06-5001 - Fletcher v. Griffiths
March 31, 2006
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ORDER - The defendants State of Nebraska, Nebraska State Patrol and DennisGriffiths' Motion to Stay 21 is granted. The parties shall have thirty (30) days from the date an order is filed on the currently pending motions to dismiss (Filing Nos. 15-17, 19), in which to file a planning report with the court pursuant to Federal Rule of Civil Procedure 26(f), if necessary. Signed by Magistrate Judge Thomas D. Thalken on 3/31/2006. (KBJ)
April 5, 2006
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ORDER - The plaintiff's Motion to Amend Complaint 27 is granted. The plaintiff's Amended Complaint is considered filed instanter. Signed by Magistrate Judge Thomas D. Thalken on 4/5/2006. (KBJ)
April 24, 2006
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REASSIGNMENT ORDER - Case reassigned to District Judge Warren K. Urbom and remains assigned to Magistrate Judge F.A. Gossett. Signed by Judge Joseph F. Bataillon on 4/24/2006. (SMS, )
April 24, 2006
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REASSIGNMENT ORDER - Judge Urbom assigned in error; case is reassigned to District Judge Joseph F. Bataillon. Signed by Judge Joseph F. Bataillon on 4/24/2006. (SMS, )
June 16, 2006
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ORDER that the motion for leave to withdraw 44 is granted. 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. Attorney Jennifer Tomka served by electronic notice. (JAE, )
February 28, 2007
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MEMORANDUM AND ORDER - That 15, the Motion to Dismiss filed by defendant-Cherry County Attorney Eric Scott, is stricken at the defendant's request (filing no. 33). That 16, the Motion to Dismiss filed by defendant-Office of Cherry County Attorney is stricken at the defendant's request (filing no. 33). That filing 17, the Motion to Dismiss filed by defendant-Cherry County is stricken at the defendant's request (filing no. 33). That 19, the Motion to Dismiss filed by defendants-State of Nebraska, Nebraska State Patrol, and NSP Trooper Dennis Griffiths is stricken at therequest of the defendants (filing no. 40). That 25, the plaintiff's Objection, is denied. That 33, the Cherry County defendants' Withdrawal of filing nos. 15, 16 and 17 in light of the plaintiff's Amended Complaint, is granted. That 34, the (renewed) Motion to Dismiss filed by defendant-CherryCounty, is granted, and Cherry County is dismissed from this litigation. That 35, the (renewed) Motion to Dismiss filed by defendant-Office of Cherry County Attorney, is granted, and the Office of Cherry County Attorney isdismissed from this litigation. That 36, the (renewed) Motion to Dismiss filed by defendant-Cherry County Attorney Eric Scott, is granted, and Eric Scott is dismissed from this litigation. That 40, the State defendants' Withdrawal of filing no. 19 in light of the plaintiff's Amended Complaint, is granted. That 41, the (renewed) Motion to Dismiss filed by defendants-Stateof Nebraska, Nebraska State Patrol ("NSP"), and NSP Trooper Dennis Griffiths, is granted in part and denied in part as follows: Defendants-State of Nebraska and Nebraska State Patrol are dismissed from this litigation. All claims against NSP Trooper Dennis Griffiths, in his official capacity, are dismissed from this litigation. All claims against Trooper Dennis Griffiths, in his individual capacity, with the sole exception of the plaintiff's claim that Griffiths altered a videotape in an effort to destroy evidence, are dismissed. this case will proceed against Trooper Griffiths, in his individual capacity, on the sole claim that he altered evidence. That the remaining defendant, Dennis Griffiths, shall have twenty (20) days from the date of this Memorandum and Order to answer or otherwise respond to the remaining claim in the Amended Complaint. That pursuant to Fed. R. Civ. P. 54(b), this is not a final and appealable order until after entry of judgment adjudicating all the claims and rights of the parties. Ordered by Judge Joseph F. Bataillon.(JAE, )
May 10, 2007
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ORDER granting 53 Motion for Protective Order. Eric Scott is hereby excused from producing the materials designated in plaintiff's subpoena at his deposition, now set for May 14, 2007. 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, )
July 20, 2007
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MEMORANDUM AND ORDER regarding pending motions. IT IS ORDERED THAT: 1. The motion in filing 58 is granted, and the plaintiff is prohibited from taking the deposition of Eric Scott in this case. To the extent it is a motion, filing 62 is denied. 2. The motion in filing 60 is granted. The Plaintiff is permitted to take the deposition of Dennis Griffiths on the sole issue of whether the video tape of the traffic stop has been altered. Except for the video tape itself or any iterations of it, the document subpoena is quashed. To the extent it is a motion, filing 61 is denied. Ordered by Magistrate Judge David L. Piester. (Copy mailed to Plaintiff)(JAB)
February 25, 2008
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MEMORANDUM AND ORDER - Defendant's Motion for Summary Judgment 66 is granted and the remaining claim against Defendant in his individual capacity is dismissed with prejudice. Defendant's Objection to Plaintiff's Amended Response 75 is denied. The court construes Defendant's Objection as a Reply Brief. Plaintiff's Motion for Extension of Time 69 is granted. Defendant's Objection to Plaintiff's Motion for Extension of Time 71 is denied. Plaintiff's Amended Response to Defendant's Motion for SummaryJudgment 74 is deemed timely filed. Plaintiff's Motion/Demand for Discovery 47, Motion for Notice of Depositions 51, and Motion for Reconsideration 64 are denied. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (KBJ)
April 29, 2008
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MEMORANDUM AND ORDER - Defendants' Motions to Dismiss Plaintiff's Appeal 79, 80 are granted. The Clerk of the court shall not process the appeal to the Court of Appeals. The Clerk of the court is directed to forward a copy of this Memorandum and Order to the parties. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE, )
July 25, 2008
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MEMORANDUM AND ORDER - The Plaintiff's Objection to Order Dismissing Appeal 82, construed as a motion to reconsider, is denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (KBJ)