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07-378 - Fisher et al v. Goynes et al


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07-378 - Fisher et al v. Goynes et al
September 25, 2007
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se plaintiff, James L. Fisher)(CS, )MEMORANDUM AND ORDER - 1. The plaintiffs Myrtle Humphrey, Antonio Gabara, and Michelle Gabara are dismissed from the action. 2. The motion (filing 3) for a temporary restraining order is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro
September 27, 2007
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MEMORANDUM AND ORDER - Myrtle Humphrey and Michelle Gabara are reinstated to this action as plaintiffs. Antonio Gabara is not reinstated as a plaintiff to this action, and his name is stricken from the caption of the amended complaint (filing 7). The plaintiffs' amended motion for a temporary restraining order (filing 8) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party). (GJG, )
December 14, 2007
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MEMORANDUM AND ORDER - Filing 12 the motion to dismiss filed by Defendants Tovey Goynes and Daniel J. Marrs, a/k/a Ryan J. Mahr, in their official capacities only, is granted in part and denied in part, as follows: a. All claims for money damages against these official-capacity defendants are dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1), for lack of subject matter jurisdiction; b. Plaintiffs action is dismissed without prejudice against these official-capacity defendants, pursuant to Federal Rule of Civil Procedure 12(b)(2) and (5), for lack of proper service; and c. In all other respects, the motion to dismiss is denied. On the court's own motion, plaintiffs are granted leave to file a second amended complaint, on or before December 31, 2007, for the limited purpose of stating that any or all Defendants are sued both in their official and their individual capacity. The clerk of the court is directed to establish 2 pro se case management deadlines in this matter using the following text: (1) December 31, 2007: deadline for filing second amended complaint. (2) January 22, 2008: deadline for effecting service. Filing 14, Plaintiff James Fisher's amended motion for a temporary restraining order, is denied. Filing 15 is stricken as duplicative of filings 3, 8, 14, and 16. Filing 16 Plaintiff James Fishers motion for leave to file a second amended complaint, is denied. Ordered by Judge Richard G. Kopf. (Copies mailed to pro se party)(GJG, )
January 4, 2008
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ORDER - The Plaintiffs' Motion for Enlargement of Time, filing no. 18, is granted. The Clerk of the court is directed to set a pro se case management deadline stating: "January 7, 2008: deadline for filing Second Amended Complaint." Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG, )
February 6, 2008
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MEMORANDUM AND ORDER - Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint (filing no. 23) is denied. Plaintiff's Motion in Opposition to Motion to Dismiss and Enlargement of Time for Service (filing no. 30) is granted. Plaintiff shall have 30 days from the date of this order to serve Defendants in their individual and official capacities. The Clerk of the court is directed to send Plaintiff FIVE new summons forms (for service on Defendants in their individual and official capacities). The Clerk of the court is directed to set a pro se case management deadline using the following language: Service of summons due by March 6, 2008. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party along with 5 summonses as ordered)(GJG, )
August 8, 2008
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MEMORANDUM AND ORDER - The defendants' motion to dismiss or to strike (filing 41) is granted in part and denied in part, as follows: a. All claims for money damages alleged against the defendants in their official capacities in the second amended complaint are dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1,) for lack of subject matter jurisdiction. b. In all other respects, the defendants motion is denied. Plaintiff James L. Fisher's motion for default judgment (filing 43) is denied. Plaintiffs Myrtle Humphrey and Michelle Gabara shall be required to complete service of process on the defendants and to provide the clerk of the court with their current mailing addresses, e-mail addresses, and telephone numbers on or before September 8, 2008. If these plaintiffs fail to comply with this order, they may be dismissed from the action without further notice. The clerk of the court is directed to establish a pro se case management deadline in this matter using the following text: "September 8, 2008: deadline for plaintiffs Humphrey and Gabara to complete service and to provide contact information." Ordered by Judge Richard G. Kopf. (Copy mailed to pro se parties)(GJG, )
October 16, 2008
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ORDER regarding 45 Motion to Substitute Attorney. IT IS ORDERED: The motion of John L. Jelkin to substitute counsel, filing no. 45, is granted and Stephanie Caldwell is substituted as counsel for defendants. Ordered by Magistrate Judge David L. Piester. (LKL)
October 20, 2008
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MEMORANDUM AND ORDER granting 56 Motion to Substitute Party. IT THEREFORE HEREBY IS ORDERED: The plaintiffs' motion to substitute Ryan Mahr for Daniel Marrs as a defendant, (filing no. 56), is granted, and the plaintiffs are given until November 7, 2008 to serve this newly named defendant. The clerk shall correct the court's docket to reflect that Ryan Mahr has been substituted for Daniel Marrs as a named defendant. The plaintiffs are given to November 20, 2008 to respond to the defendants' motion to abstain or in the alternative motions to stay proceedings and for a protective order, (filing no. 47). Ordered by Magistrate Judge David L. Piester. (LKL)
November 14, 2008
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ORDER regading motions. IT IS ORDERED that: 1. Defendants' motion for enlargement of time (filing 61) is granted. Defendants shall have until November 17, 2008, to answer or file a motion under Federal Rule of Civil Procedure 12(b) or (e). 2. Defendants' motion to withdraw document (filing 66) is granted. Defendants' motion to abstain or in the alternative motions to stay proceedings and for a protective order (filing 47) is withdrawn. Ordered by Judge Richard G. Kopf. (LKL)
December 16, 2008
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MEMORANDUM AND ORDER denying 69 Motion to Dismiss Party. Ordered by Judge Richard G. Kopf. (LKH)
February 6, 2009
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ORDER- A telephone conference regarding the progression of this case will be held February 12, 2009 at 9:30 a.m. Plaintiff's counsel shall initiate the call. Ordered by Magistrate Judge David L. Piester. (LKH)
February 12, 2009
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ORDER - Counsel are given thirty days in which to meet and confer and file their amended report of parties' planning meeting. ( Rule 26 Meeting Report Deadline set for 3/12/2009.) Ordered by Magistrate Judge David L. Piester. (GJG)
April 6, 2009
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MEMORANDUM AND ORDER regarding 77 Motion to Stay. Plaintiffs have moved to stay this case pending further review of plaintiffs' claims. Plaintiffs argue that this is a complex matter for which additional time is needed to determine and clarify plaintiffs positions. Defendants oppose the stay. IT THEREFORE HEREBY IS ORDERED: The motion for stay, filing no. 77, is denied. Counsel are given thirty days from this date to complete and file their Rule 26 planning report. Ordered by Magistrate Judge David L. Piester. (LKH)
July 1, 2009
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MEMORANDUM AND ORDER - With the agreement of Judge Piester, the Chief Judge and the other district judges, Judge Kopf has begun handling all magistrate matters previously handled by Judge Piester. As to those cases listed, unless a party files a motion to request a telephonic planning conference on or before July 10, 2009, no planning conference will be held to discuss the scheduling of the case to trial, and a final progression order will be entered based on the representations set forth in the parties' Rule 26(f) Report. Ordered by Judge Richard G. Kopf. (LKH)
December 7, 2009
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ORDER - The parties shall have until December 17, 2009, to provide the court with information regarding the status of State of Nebraska v. Fisher, Doc. 103, Page 037 (District Court of Douglas County, Nebraska). Specifically, the court requests evidence, by affidavit or otherwise, generally explaining why a temporary order was entered in the state case relieving Fisher from complying with Neb. Rev. Stat. ยง 83-174.03. Ordered by Judge Richard G. Kopf. (GJG)
January 20, 2010
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ORDER. It is ordered that: (1)The following matter previously scheduled before the undersigned is herewith referred to Judge Zwart, to wit,(A)Nature of hearing:Pretrial conference.(B)Date and time of hearing: Thursday, February 25, 2010, at 12:00 p.m.(C)Place of hearing: Judge Zwart's chambers, Room 566, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(2)Judge Zwart will issue a report and recommendation or order as is appropriate. Ordered by Judge Richard G. Kopf. (KLL, )
February 22, 2010
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MEMORANDUM AND ORDER granting 115, Defendant's Motion to Continue pretrial conference. Pretrial Conference set for 3/4/2010 at 01:30 PM before Magistrate Judge Cheryl R. Zwart. One hour is allocated to this conference. Counsel shall email a draft pretrial conference order to [email protected], in either MS Word or WordPerfect format, by 5:00 p.m. on March 3, 2010, and the draft order shall conform to the requirements of the local rules. The nonjury trial of this case remains set to commence at 9:00 a.m. on March 22, 2010 before the Honorable Richard G. Kopf. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)