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05-423 - Brown v. Omaha Housing Authority


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05-423 - Brown v. Omaha Housing Authority
September 8, 2005
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ORDER - That filing no. 3, the plaintiff's motion to proceed in forma pauperis, is granted, subject to the admonitions stated above in this Order; The Clerk of Court shall provide the plaintiff with a summons form for eachnamed defendant, together with Form 285 and a copy of this order; The plaintiff shall, as soon as possible, provide the Clerk with the completedsummons forms and completed Form 285. In the absence of these forms, service ofprocess cannot occur. Signed by Magistrate Judge F. A. Gossett on 9/8/2005. (TJS)
September 30, 2005
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ORDER - Defendants shall respond to plaintiff's Motion for a Temporary Restraining Order within two weeks of the date of this order. If either defendant pursues the eviction of plaintiff, which would include the commencement of eviction proceedings or other change in the plaintiff'scurrent housing status, the defendant shall notify the court by writtenpleading and by telephone to chambers at least five (5) business days inadvance of such action.The Clerk of Court shall send a copy of this Order to the plaintiff, to OHA atthe address listed in Filing No. 6, to Assistant United States Attorney EllynGrant, and to Dana C. Bradford, III, at the Bradford, Coenen Law Firm. Signed by Judge Joseph F. Bataillon on 9/30/2005. Mailed as directed.(TJS)
October 26, 2005
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ORDER setting for hearing all pending motions 7 Motion for TRO, 11 Motion to Intervene, 13 Motion to Dismiss, 19 Motion to Dismiss Party, 21 Motion to Add Exhibits, 26 Motion to Strike; hearing scheduled for 11/3/2005 at 10:00 a.m., Courtroom 3 (Omaha). Signed by Judge Joseph F. Bataillon on 10/26/2005. (SMS, )
November 3, 2005
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IT IS ORDERED: Plaintiff's oral motion for leave to file an amended complaint is granted; plaintiff shall file and serve an amended complaint within thirty (30) days of the date of this order; Motion for a Temporary Restraining Order, construed as a motion for a Preliminary Injunction, is granted in part and denied in part as follows: Pending resolution of this action or further order of this court, the Omaha Housing Authority is hereby enjoined from denying Section 8 housing benefits to plaintiff Wilton Brown's spouse and children in the event that plaintiff's spouse freely and voluntarily reconciles with plaintiff and plaintiff resides with his spouse and children; denying 11 Motion to Intervene, finding as moot 13 Motion to Dismiss, finding as moot 17 Motion to Dismiss Party U.S. Dept. of Housing&Urban Development is granted and the party is terminated., 19 denying 21 Motion to Add Exhibits, finding as moot 26 Motion to Strike Pleadings. Signed by Judge Joseph F. Bataillon on 11/3/2005. (PCV, ) (copy of order sent to plaintiff)
November 3, 2005
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ORDER that this matter is before the court on its own motion. In light of the complexity of thiscase, the court finds that appointment of counsel is appropriate. The law firm of Koenig and Tiritilli, P.C., L.L.O., is appointed to represent theplaintiff in this action. Attorney Bradley Z. Haumont has made anappearance in this action; he is directed to promptly file and serve a writtenappearance with the Clerk of Court. Signed by Judge Joseph F. Bataillon on 11/3/2005. (ADB)
November 4, 2005
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REASSIGNMENT ORDER this case is reassigned from Magistrate Judge F.A. Gossettto Magistrate Judge Thomas D. Thalken for judicial supervision and processing of allpretrial matters. Signed by Judge Joseph F. Bataillon on 11/4/2005. (DKM, )
March 30, 2006
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ORDER granting 45 Motion for Reimbursement from Federal Practice Fund; the plaintiff's counsel is hereby authorized to incur $5,575.00 for the cost of an expert witness's preparation for, and attendance at, trial. Signed by Magistrate Judge Thomas D. Thalken on 3/30/2006. (PCV, )
April 17, 2006
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ORDER granting 49 Attorney Bradley Z. Haumont's Motion to Withdraw as Attorney. The Clerk of Court shall stop all electronic notices to Bradley Z. Haumontregarding this case. Signed by Magistrate Judge Thomas D. Thalken on 4/17/2006. (JAE, )
December 1, 2006
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AMENDED FINAL PROGRESSION ORDER granting 54 Motion to Extend Progression Order Deadlines. Deposition deadline set for 4/2/07. The Final Pretrial Conference with the undersigned magistrate judge is set for August 20, 2007, at 2:00 p.m. in chambers. Trial is set to commence at 8:30 a.m. on September 17, 2007, before the Honorable Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken.(JAE, ) .
February 6, 2007
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ORDER - Plaintiff's motion to compel compliance with the preliminary injunction order 57 is denied. Defendant's motion to amend the preliminary injunction order 58 is granted. The court's earlier injunction order (Filing No. 29) is vacated in part. Pending resolution of this action or further order of this court, the Omaha Housing Authority is hereby enjoined from denying to plaintiff Wilton Brown's spouse and children the public housing benefits they now receive. Ordered by Judge Joseph F. Bataillon. (KBJ)
April 11, 2007
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SECOND AMENDED FINAL PROGRESSION ORDER granting 70 Motion to Extend; deposition deadline is July 30, 2007; final pretrial conference with the undersigned magistrate judge is set for August 20, 2007 at 2:00 p.m. in chambers; Trial is set to commence at 8:30 a.m. on September 17, 2007, in Omaha,Nebraska, before the Honorable Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken.(ADB)
July 20, 2007
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MEMORANDUM AND ORDER denying 72 Defendant's Motion for Summary Judgment. Ordered by Judge Joseph F. Bataillon.(SMS, )
August 20, 2007
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ORDER - Upon the oral request of counsel for the plaintiff and with said counsel's representation that no other party objects to the request, the pretrial conference previously scheduled for August 20, 2007, at 2:00 p.m. is hereby rescheduled to August 28, 2007, at 1:30 p.m. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
September 28, 2007
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ORDER, 1. The parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court which will fully dispose of the case and provide a copy to the undersigned judge on or before October 12, 2007. If the case is being dismissed, the stipulation shall comply with Fed. R. Civ. P. 41(a)(1)(ii) and shall state whether the dismissal is with or without prejudice. 2. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice in accordance with NECivR 68.1. 3. The trial previously scheduled is cancelled upon the representation that this case is settled.Dismissal Papers Deadline due by 10/12/2007.Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
October 12, 2007
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ORDER - The joint stipulation 109 is granted. Plaintiff's cause of action against the defendant is hereby dismissed in its entirety, with prejudice, and with the parties to be responsible for their own costs and attorney fees. Ordered by Judge Joseph F. Bataillon. (KBJ)
May 8, 2008
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ORDER - The Motion (Request) for Reimbursement of Expenses from the Federal Practice Fund 111 in the amount of $4,620.00 is granted. Ordered by Chief Judge Joseph F. Bataillon. (Paper copy as directed to the Financial Administrator) (KBJ)