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05-124 - Chism v. Septemberfest et al


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05-124 - Chism v. Septemberfest et al
May 16, 2005
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MEMORANDUM AND ORDER denying 11. Motion to Remand is deemed abandoned and is denied. Signed by Magistrate Judge David L. Piester on 5/16/2005. (GJG, )
June 27, 2005
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MEMORANDUM AND ORDER granting 6 Motion to Dismiss, granting 12 Motion to Dismiss, granting in part and denying in part 14 Motion to Dismiss, granting in part and denying in part 16 Motion to Dismiss, granting in part and denying in part 18 Motion to Dismiss. Signed by Judge Richard G. Kopf on 6/27/2005. (JAR)
July 13, 2005
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ORDER granting 27 Motion to Withdraw as Attorney by Attorney Vicki L. Adams regarding defendants Alan Eberle, Gordon Anville, Tom Nesbitt, the State of Nebraska, and the Nebraska State Patrol. Signed by Magistrate Judge David L. Piester on 7/13/2005. (JAR)
July 14, 2005
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ORDER that the parties shall report to the court in accordance with Fed. R. Civ. P. 26(f) on or before July 28, 2005, or show cause why sanctions should not be imposed upon them in accordance with Fed. R. Civ. P. 16(f) and 37(g). Signed by Magistrate Judge David L. Piester on 7/14/2005. (CS, )
July 29, 2005
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ORDER regarding Show Cause Order, 30. ***Set/Reset All Deadlines. Counsel are given ten business days to confer and file ONE JOINT report of parties' planning conference. Rule 26 Meeting Report Deadline set for 8/12/2005. Signed by Magistrate Judge David L. Piester on 7/29/2005. (JAR)
October 5, 2005
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ORDER that the motion 47 of defendant City of Omaha to file an answer isgranted and the answer shall be filed by October 12, 2005. Signed by Magistrate Judge David L. Piester on 10/5/2005. (CS, )
October 24, 2005
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MEMORANDUM AND ORDER that Plaintiff shall be allowed twenty (20) days from today'sdate to respond to Defendant Septemberfest, Inc.'s Rule 12(b)(6) motion (filing 41), which shall be treated as one for summary judgment and disposed of as provided in Rule 56. Signed by Judge Richard G. Kopf on 10/24/2005. (CS, )
October 25, 2005
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ORDER - Counsel's motion to withdraw, filing 58 is granted, effective upon the filing of a certificate of service or affidavit indicating that the plaintiff has been served with a copy of this order. Plaintiff is given twenty (20) days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance in her behalf; (2) file a motion in this court for the appointment of counsel, setting forth her present financial status, and the reasons she believes counsel should be appointed; or (3) indicate, by pleading, that she will proceed in this case without counsel. If none of these actions is taken within the next twenty days, this case will be subject to dismissal. Defendant's motion to alter progression order dates, filing 59 is granted; a new progression schedule will be established once plaintiff has obtained new counsel. Plaintiff's deadline for responding to the pending motion to dismiss, filing 41 will be established once plaintiff has new counsel; the deadline set by the memorandum and order ofOctober 24, 2005, filing 60 is set aside. Signed by Magistrate Judge David L. Piester on 10/25/2005. (GJG, )
November 28, 2005
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MEMORANDUM AND ORDER that the Clerk of the District Court shall serve a copy ofthis order on the plaintiff by mailing it to her at the address set forth in filing 63. Counsel's motion to withdraw, filing 58, is granted, effective upon such service by the clerk. Plaintiff is given 20 days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance in her behalf; (2) file a motion in thiscourt for the appointment of counsel, setting forth her present financial status, and the reasons she believes counsel should be appointed; or (3) indicate, by pleading, that she will proceed in this case without counsel. If none of these actions is taken within the next twenty days, this case will be subject to dismissal. Signed by Magistrate Judge David L. Piester on 11/28/2005. (Copy mailed as directed)(CS, )
January 11, 2006
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REPORT AND RECOMMENDATION - There has been no response to the court's order ofNovember 28, 2005, filing 64. A copy of the order was mailed by the clerk to the plaintiff, but the mail was returned as undeliverable on December 2, 2005. Filing 65. IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, that this matter be dismissed. Signed by Magistrate Judge David L. Piester on 1/11/2006. (CS, )
January 12, 2006
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MEMORANDUM AND ORDER that plaintiff's action is dismissed without prejudice, for failure to prosecute. On the court's own motion, the Magistrate Judge's report and recommendation (filing 66) is denied as moot. Judgment shall be entered by separate document. Signed by Judge Richard G. Kopf on 1/12/2006. (CS, )