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06-655 - Baker v. Immanuel Medical Center et al


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06-655 - Baker v. Immanuel Medical Center et al
October 13, 2006
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PRISONER PAYMENT ORDER - Filing no. 2 the plaintiff's motion to proceed IFP, is granted. The plaintiff shall pay an initial partial filing fee of $5.00 by November 24, 2006, unless an enlargement of time is granted in response to a written motion; in the absence of the initial partial filing fee by the specified deadline, this case may be subject to dismissal. After payment of the initial partial filing fee, the plaintiff's institution shall collect the additional monthly payments. The Clerk of Court shall send a copy of this order to the appropriate official at the plaintiff's institution. The plaintiff shall keep the court informed of his current address at all times, and that all parties are bound by the Federal Rules of Civil Procedure and by the court's Local Rules, while this case is pending. Ordered by Magistrate Judge F. A. Gossett. Copy mailed as ordered.(GJG, )
November 6, 2006
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ORDER denying 6 Motion for Discovery, denying 7 Motion for Exemption from Pacer Fees, denying 8 Motion for Depositions, denying 9 Motion for Copies and for Clarification of Filing Fee, denying 10 Motion for Leave to Conduct Discovery, denying 13 Motion to Leave to Amend the Complaint denying 13 Motion to Appoint Counsel, denying 13 Motion for Exemption of Filing Fees. The denial of filing nos. 6-10 and 13 is without prejudice to reassertion of the motions after the following events have taken place: (1) the plaintiff's initial partial filing fee has been received by the court; (2) the court has issued an Order on Initial Review and has sent the plaintiff the forms for service of process as part of that order; (3) the plaintiff has completedthe forms for service of process and has returned them to the court; (4) the U.S. Marshal has served the named defendant with process; and (5) the named defendant has entered an appearance (through counsel) in this action. Ordered by Magistrate Judge F. A. Gossett.(PCV, )
February 5, 2007
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ORDER ON INITIAL REVIEW - To obtain service of process on the hospital, the plaintiff must complete and return forms which the Clerk of Court will provide. The Clerk of Court shall send one summons form and one USM-285 to the plaintiff together with a copy of this Order. The plaintiff shall, as soon as possible, complete the forms and send them back to the Clerk of Court within sixty (60) days from the date of this Order. In the absence of the completed forms, service of process cannot occur. Failure to return the forms within sixty (60) days from the date of this Order could result in dismissal of this case, without prejudice. The plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal. Service of Summons due by 4/9/2007.Ordered by Magistrate Judge F. A. Gossett. ONE summons and One 285 form sent as ordered. (GJG, )
March 7, 2007
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MEMORANDUM AND ORDER - Filing nos. 18 and 20 are granted, and filing no. 20, the Second Amended Complaint, is now the operative complaint in this action. Filing no. 23 is denied, as Douglas County (acting through the DCCC) is no longer a named defendant in the Second Amended Complaint. The Clerk of Court shall provide the plaintiff with a sufficient number of summons forms and USM-285 forms (4 each) to serve the defendants named in the Second Amended Complaint (one defendant per form). The plaintiff shall, as soon as possible, complete the forms and send them back to the Clerk of Court within 40 days from the date of this order. Ordered by Magistrate Judge F. A. Gossett. (4 summons and 285 forms with a copy of this order mailed to plaintiff)(CS, )
April 18, 2007
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ORDER on plaintiff's Interrogatories 38. Ordered by Judge Warren K. Urbom. (EJL)
June 19, 2007
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ORDER denying 30 Motion to Dismiss. Ordered by Judge Warren K. Urbom.(EJL)
June 19, 2007
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ORDER denying 42 Motion to Dismiss. Ordered by Judge Warren K. Urbom.(EJL)
June 19, 2007
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ORDER granting in part and denying in part 36 Plaintiff's "Motion to Consolidate the Original, Amended, and Second Amended Complaints and Motion for Leave of Court. The plaintiff's request for leave to serve additional interrogatories is granted, but his Motion to Consolidate the Original, Amended, and Second Amended Complaints and Motion for Leave of Court, filing 36, is otherwise denied. Ordered by Judge Warren K. Urbom.(EJL)
June 20, 2007
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MEMORANDUM AND ORDER that the City of Omaha Police Department's motion to dismiss, filing 32, is granted. Ordered by Judge Warren K. Urbom. (Copy mailed to plaintiff)(CS, )
July 3, 2007
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GENERAL ORDER 07-09 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 Joseph F. Bataillon. (JAR)
July 30, 2007
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MEMORANDUM AND ORDER - 1. The plaintiff's Motion for Subpoenas, filing 45, is granted in part and denied in part as follows: a. Plaintiff's request for assistance in appealing his state court criminal cases is denied. b. The Clerk of Court shall issue the plaintiff two signed blank subpoenas. c. Upon plaintiff's completion of the subpoenas and their return to the Clerk of the Court, the subpoenas shall be forwarded to the U.S. Marshal for service. 2. The plaintiff's motion to compel, filing 51, is denied. 3. The plaintiff's motion for copies, filing 53, is denied. 4. The plaintiff's filing 52 motion is granted in part and denied in part as follows: a. Plaintiff's motion for leave to withdraw filing 38 from the court's record is denied. b. Plaintiff's request for instructions on how to have clothing admitted into evidence is denied. 5. The Clerk of Court shall send a copy of this Order to the plaintiff at his last known address. Ordered by Judge Warren K. Urbom. (2 signed subpoenas with copy of order mailed to plaintiff)(CS, )
August 20, 2007
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MEMORANDUM AND ORDER granting 63 Motion for Leave. THEREFORE, IT IS ORDERED: 1. Alegent Health-Immanuel Medical Center, Inc.'s motion for leave to take the deposition of the plaintiff, Robert F. Baker, filing 63, is granted. 2. The deposition of plaintiff Robert F. Baker, who is currently incarcerated at 1385914 CJ- DOUGLAS, Douglas County Correctional Center, 710 So 17th Street, Omaha, NE 68102, will be taken on August 24, 2007 beginning at 8:30 a.m. Counsel for all the defendants shall be permitted to depose the plaintiff at this date and time, and at a location within the Douglas County Correctional Center as designated by that institution. Ordered by Judge Warren K. Urbom. (Copy mailed to Plaintiff)(JAB)
October 3, 2007
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MEMORANDUM AND ORDER - 1. Plaintiff's motions for leave to take oral depositions and motions for the court to assign a court reporter, (filing nos. 66&67), are denied. 2. Plaintiff's motion to compel, to extend the deposition deadline, and for sanctions, (filing no. 68), is denied. 3. Plaintiff's motions for leave to amend his complaint to add additional parties and for additional summons and subpoenas, (filing nos. 69, 70&78), are denied. 4. Plaintiff's motion for color copies of photographs, (filing 79), is denied. 5. The clerk is directed to terminate the objections, (filing nos. 73&76) filed by defendants Gensler and Correctional Medical Services. 6. The deposition deadline is not continued. Pursuant to the court's prior order, all depositions, whether or not they are intended to be used at trial, shall be completed by October 8, 2007. 7. The plaintiff is reminded that pursuant to this court's local rules, (NECivR 7.1(b)(1)(B)), his response to defendant Immanuel Medical Center's motion for summary judgment must be filed on or before October 15, 2007. Ordered by Judge Warren K. Urbom. (Copy mailed to plaintiff)(CS, )
January 8, 2008
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MEMORANDUM AND ORDER regarding MOTION for Summary Judgment94 filed by Correctional Medical Services, T. D. Gensler, and MOTION for Summary Judgment 84 filed by Immanuel Medical Center. It is the present intention of the court to grant Defendants' motions for summary judgment as to all of Plaintiff's claims. IT IS THEREFORE ORDERED that the pretrial conference in this matter, currently set to take place on January 14, 2008 at 9:00 a.m., shall be continued until further order of the court. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party, Magistrate Judge Piester notified.)(JAB)
February 4, 2008
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MEMORANDUM AND ORDER regarding pending motions. IT IS THEREFORE ORDERED that: 1. Defendant Immanuel Medical Center's Motion for Summary Judgment (filing no. 84) is granted. Defendant T.D. Gensler and Correctional Medical Services' Motion for Summary Judgment (filing no. 94) is granted. All claims contained in Plaintiff's Second Amended Complaint (filing no. 20) against these three Defendants are dismissed with prejudice. 2. A separate judgment will be entered in accordance with this memorandum and order. 3. Plaintiff's pending motions (filing nos. 90, 98, 105, 110, 114, 115 and 117) are denied in accordance with this memorandum and order. 4. Immanuel's Motion to Strike (filing no. 103) is denied. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(JAB)