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08-107 - Livers v. Schenck et al


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08-107 - Livers v. Schenck et al
May 30, 2008
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ORDER that the joint motion of all parties for leave to file report of planning conference 38 is granted; the parties shall have until June 4, 2008, to file their report of planning conference. Ordered by Senior Judge Lyle E. Strom. (CJP)
June 12, 2008
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ORDER denying 25 Motion to Stay; denying 31 Motion to Stay; granting 34 Motion for Leave to file brief. The brief need not be refiled. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
June 20, 2008
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ORDER - On the oral motion of counsel for the defendants and with said counsel's representation that no other party objects to the request, the telephone planning conference previously set for September 9, 2008 at 9:30 a.m. is cancelled and is rescheduled for September 16, 2008 at 9:00 a.m. before the undersigned magistrate judge. Frederick J. Coffman shall initiate the telephone conference.Ordered by Magistrate Judge Thomas D. Thalken. (TCL)
June 30, 2008
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ORDER that Nicholas Sampson v. Earl Schenck, et al., 8:07CV155, and Matthew Livers v. Earl Schenk, et al., 8:08CV107 are hereby consolidated for purposes of discovery only; Case No. 8:07CV155 is hereby designated as the "Lead Case." Case No. 8:08CV107 is hereby designated as the "Member Case." The parties are instructed to file all further documents (except those described in paragraph 4) in the Lead Case, No.8:07CV155, and to select the option "yes" in response to the System's question whether to spread the text. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
August 22, 2008
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MEMORANDUM AND ORDER denying 23, 27 and 29 of the Defendant's Motion to Dismiss. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
September 10, 2008
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ORDER granting (101) Motion to Extend in case 8:07-cv-00155-JFB-TDT and granting (72) Motion to Extend in case 8:08-cv-00107-JFB-TDT. The telephone planning conference with the undersigned magistrate judge is continued to October 23, 2008 at 9:00 a.m. Counsel for the defendants William Lamber and Charles O'Callagnhan shall initiate the telephone conference. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (MKR)
November 21, 2008
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STIPULATED PROTECTIVE ORDER - The Douglas County Sheriff's Department shall provide Plaintiff's counsel with one copy of the Internal Affairs Unit records sought by the Subpoena Duces Tecum subject to the terms of this Order. The Internal Affairs Unit records shall be placed in one or more envelopes marked CONFIDENTIAL MATERIAL and shall be maintained separate from, and not commingled with, any other document or items. Except as hereinafter provided or upon further order of the Court, no item in the confidential material nor any description or summary of its contents may be revealed to any person or entity except to the following parties in this action: Locke E. Bowman, Steven A. Drizin and Robert W. Mullin, attorneys for plaintiff Matthew Livers; Maren Chaloupka, attorney for Nicholas Sampson; Frederick Coffman, Attorney for defendants William Lambert and Charles OCallaghan; and Kim K. Sturzenegger, attorney for defendants Earl Schenck, Sandra Weyers, and Cass County, Nebraska; those law school interns, secretaries, and paralegals employed by the aforementioned attorneys who are assisting counsel in this action; any person retained by the plaintiffs or defendants as an expert in this action; and the Court. At the conclusion of this case all confidential material, including all copies, received pursuant to this Order shall be returned to counsel for Douglas County/Douglas County Sheriffs Department unless otherwise ordered by the Court. This Protective Order shall not terminate upon the conclusion of this action but shall continue until the further order of the Court or until Douglas County/Douglas County Sheriffs Department has waived confidentiality in writing. The Court may impose sanctions with respect to any person or entity improperly granting access to material subject to this Protective Order. Any person or entity, whether or not a party, violating the Protective Order may be punished for contempt of Court. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (MKR)
December 17, 2008
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ORDER denying (153) Motion to Quash in case 8:07cv155; denying (125) Motion to Quash in case 8:08cv107. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
December 17, 2008
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ORDER granting (112) Motion to Extend; denying (113) Motion to Stay; denying (115) Motion to Stay in case 8:07cv155; and granting (84) Motion to Extend; denying (85) Motion to Stay; denying (87) Motion to Stay in case 8:08cv107. The parties may continue to engage in discovery on any issue raised in the defendants' motions for summary judgment. The plaintiffs shall have until March 27, 2009, to file any oppositions to the defendants' motions for summary judgment ((103) and (106) in 8:07cv155 and (75) and (78) in 8:08cv107). Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
December 29, 2008
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agistrate Judge Thomas D. Thalken. (TRL)ORDER granting (136) Motion for Severance; denying (141) Motion to Strike Protective Order; terminating (149) Motion for Hearing in case 8:07cv155; granting (108) Motion for Severance; denying (113) Motion to Strike Protective Order in case 8:08cv107. The Clerk of Court shall amend the docket to reflect a consolidation order no longer governs Nicholas Sampson v. Earl Schenck, et al., 8:07CV155, and Matthew Livers v. Earl Schenk, et al., 8:08CV107. Member Cases: 8:07cv155, 8:08cv107. Ordered by M
February 9, 2009
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ORDER that the plaintiff's Motion for Hearing on Unresolved Objections to His Notice of Intent to Subpoena Documents from the Cass County Attorney 121 is granted; the plaintiff may issue a subpoena to the Cass County Attorney for documents as requested. Ordered by Magistrate Judge Thomas D. Thalken. (CJP)
April 3, 2009
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ORDER denying 138 Motion to Quash. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
June 2, 2009
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ORDER granting 158 the plaintiff's Motion for Leave to File an Amended Complaint Adding Parties. The plaintiff shall have to on or before June 12, 2009, to file the Amended Complaint. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
June 8, 2009
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ORDER denying as moot the defendant's 75 and 78Motions for Summary Judgment, without prejudice to reassertion. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
September 11, 2009
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ORDER - The Unopposed Motion for Continuance of the Court Scheduled Status Conference 180 is granted. The telephone conference with the undersigned magistrate judge is continued to October 7, 2009, at 11:00 a.m. Central Daylight Time for the purpose of reviewing the preparation of the case to date and scheduling of the case to trial. Plaintiff's counsel shall initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
October 7, 2009
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ORDER - Mandatory Disclosures described in Fed. R. Civ. P. 26(a)(1) shall be served on or before November 6, 2009. Any motions to dismiss or for summary judgment based on qualified immunity shall be filed not later than February 5, 2010. See NECivR 56.1 and 7.1. A telephone planning conference with the undersigned magistrate judge in conjunction with both cases will be held on February 16, 2010, at 11:00 a.m. Central Standard Time. Counsel for Mr. Livers will initiate the conference ( Planning Conference set for 2/16/2010 at 11:00 AM by Telephone before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
February 23, 2010
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ORDER granting 224 Motion to Extend Deadlines; any motions for summary judgment based on qualified immunity shall be filed not later than June 1, 2010. See NECivR 56.1 and 7.0.1. No further extensions of the deadlines will be granted except on a showing that after an exercise of due diligence by the parties a manifest injustice would occur if a requested extension were not granted; a telephone planning conference with the undersigned magistrate judge will be held on July 9, 2010, at 11:30 a.m. Central Standard Time; counsel for Mr. Livers shall initiate the conference. Ordered by Magistrate Judge Thomas D. Thalken. (CJP)
March 31, 2010
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ORDER granting 226 Motion for Leave to file a Second Amended Complaint. due by 4/8/2010. The plaintiff shall have to on or before April 8, 2010, to file the Second Amended Complaint. Pursuant to NECivR 72.2 any appeal of this Order shall be filed with the Clerk of theCourt within fourteen (14) business days after being served with a copy of this Order.Failure to timely appeal may constitute a waiver of any objection to the Order. The briefin support of any appeal shall be filed at the time of filing such appeal. Failure to file a briefin support of any appeal may be deemed an abandonment of the appeal. Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
April 21, 2010
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ORDER - The Hhearing on the Motions to Withdraw and for Temporary and Permanent Restraining Order (Filing No. 327 in 8:07CV155 and Filing No. 253 in 8:08CV107), is scheduled before the undersigned on April 28, 2010, at 9:00 a.m., Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Counsel may participate telephonically in this hearing by contacting chambers (402/661-7302) at least 24 hours beforehand and informing the court of the phone number where he/she can be reached. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
July 13, 2010
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ORDER - THIS MATTER come on for consideration this 12th day of July, 2010. The Court being apprised of the premises orders that David Kofoed be transported by a Douglas County Sheriff from the Community Correction Center-Lincoln at 2027 West Van Dorn, Lincoln NE 68542 to the office of Robert Mullin at Lieben, Whitted, Houghton, Siowiaczek, and Cavanagh, PC, 100 Scoular Building, 2027 Dodge St, Omaha NE 68102 on July 15, 2010 to participate in the deposition of Darnell Kush and returned immediately thereafter.Ordered by Magistrate Judge Thomas D. Thalken. (1 Certified copy to USM and copy to pro se party)(TCL )
September 30, 2010
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ORDER denying without prejudice 315 Motion to Appoint Counsel. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(JAE)
March 28, 2011
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MEMORANDUM AND ORDER denying Motion for Summary Judgment 278 ; denying Motion for Summary Judgment 280 ; denying Motion for Summary Judgment 283 ; and granting Motion to Strike 327. IT IS ORDERED: Defendant Tim Dunning's motion for summary judgment (Filing No. 278) is denied. Defendant William Lambert's and defendant Charles O'Callahan's motion for summary judgment (Filing No. 280) is denied. Defendant Earl Schenck's and defendant Sandra Weyers's motion for summary judgment (Filing No. 283) is denied. The plaintiff's motion to strike evidence (Filing No. 327) is granted. Ordered by Chief Judge Joseph F. Bataillon. (TEL)
May 13, 2011
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ORDER - IT IS ORDERED: The plaintiff's Motion for Leave to File Amended Complaint (Filing No. 342) is denied. William Lambert and Charles O'Callaghan's objection (Filing No. 354) is sustained. Tim Dunning and Douglas County's Motion to Stay Proceedings and Vacate Progression Order (Filing No. 352) is granted. William Lambert and Charles O'Callaghan's Motion to Vacate Progression Order and Stay Case Progression (Filing No. 355) is granted. Earl Schenck, Sandy Weyers, and Cass County, Nebraska's Motion to Vacate Progression Order and Stay Case Progression (Filing No. 357) is granted. The February 11, 2011, progression order (Filing No. 338) is vacated. The case deadlines including the scheduled pretrial conference and trial are canceled. The plaintiff's deadline to object to this order, pursuant to NECiVR 72.2, as it relates to the motion to amend is stayed. The parties shall have fourteen (14) days from the date the Eighth Circuit Court of Appeals issues a mandate on the defendants' appeals, in which to schedule a telephone planning conference with the court. Counsel for the plaintiff shall contact the chambers of the undersigned magistrate judge within such time period to schedule the telephone planning conference. Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
February 6, 2013
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ORDER granting (485) and (488 )Motion to Consolidate Cases; in case 8:07-cv-00155-JFB-TDT; granting (375) and (378) Motion to Consolidate Cases in case 8:08-cv-00107-JFB-TDT. Trial is set to commence, at the courts call, during the week of October 21, 2013, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge Thomas D. Thalken. (MKR, )
March 20, 2013
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ORDER - Pro se party, David W. Kofoed shall notify the court of his current address and telephone number as soon as possible, but in any event no later than April 12, 2013, in writing by filing a notice containing the information with the Clerk of Court. Mr. Kofoed may also consent to receive notice of service by electronic mail in such filing. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (E-mailed to defendant as directed.)(JAB)
May 8, 2013
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ORDER denying (470) Motion to Quash in case 8:08-cv-00107-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (AOA) Modified on 5/8/2013 to correct text (AOA).
May 30, 2013
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ORDER- The defendants' Motion for Protective Order (Filing No. 593 in Sampson v. Schenck, et al., 8:07CV155; Filing No. 467 in Livers v. Schenck, et al., 8:08CV107) is granted. DCSO is not required to produce Lambert's employment file. The court will not enter a separate protective order. The defendants' Motion to Strike Plaintiff Sampson's Brief in Opposition to Defendants' Motion for Protective Order and Affidavit in Support Thereof (Filing No. 630 in Sampson v. Schenck, et al., 8:07CV155; Filing No. 504 in Livers v. Schenck, et al., 8:08CV107) is granted to the extent stated in this order. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT.Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
May 30, 2013
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ORDER - The Final Pretrial Conference with the undersigned magistrate judge is set for September 20, 2013, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial conference shall be attended by any party proceeding without counsel and lead counsel for represented parties. Counsel shall complete prior to the pretrial conference, all items as directed in NECivR 16.2.3. Trial remains scheduled for October 21, 2013, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
June 11, 2013
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ORDER - the plaintiff's claims against defendant Douglas County are dismissed, with prejudice, each party to pay its own costs. Ordered by Judge Joseph F. Bataillon. (AOA)
June 12, 2013
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ORDER - Plaintiff Matthew Livers's objection (Filing No. 395 in 8:08CV107) and plaintiff Nicholas Sampson's objection (Filing No. 520 in 8:07CV155) to the magistrate judges order on consolidation are denied. The magistrate judge's order (Filing No. 392 in 8:08CV107 and Filing No. 518 in 8:07CV155) is affirmed in all respects. Plaintiff Sampson's objection (Filing No. 512 in 8:07CV155) to the magistrate judge's order (Filing No. 507 in 8:07CV155) is denied. The order of the magistrate judge compelling a Rule 35 examination (Filing No. 507 in 8:07CV155) is affirmed in all respects. The Rule 35 examinations shall be scheduled as soon as practicable; defendants are granted 30 days from the date of the Rule 35 examinations in which to submit the expert witness reports of Dr. Davis and Dr. Thurman. Plaintiff Sampson's motions for leave to submit supplemental evidence/brief in support of its statement of objections to the magistrate judge's order on the Rule 35 examinations (Filing No. 511 in 8:08CV107 and Filing No. 637 in 8:07CV155) are granted and the evidence and briefs are deemed filed instanter. Plaintiff Sampson's motion to take judicial notice (Filing No. 433 in 8:08CV107 and Filing No. 561 in 8:07CV155) is denied without prejudice to reassertion. Defendants Lambert's and Callahan's motions to strike plaintiff Sampson's motion for judicial notice (Filing No. 444 in 8:08CV107 and Filing No. 571 in 8:07CV155) are denied. Plaintiff Sampson's motion in limine regarding polygraph evidence (Filing No. 522 in 8:07CV155) is denied without prejudice to reassertion at trial. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Judge Joseph F. Bataillon. (MKR)
August 1, 2013
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ORDER overruling plaintiff Nicholas Sampson's (Objection)(663) Order on Appeal to Magistrate Judge Order in case 8:07-cv-00155-JFB-TDT and (537) Order on Appeal to Magistrate Judge Order in case 8:08-cv-00107-JFB-TDT. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Judge Joseph F. Bataillon. (MKR)
September 13, 2013
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. 548 in Livers v. Schenck, No. 8:08CV107) is denied. Ordered by Judge Joseph F. Bataillon. (MKR)MEMORANDUM AND ORDER - Defendant Douglas County Sheriff's Office's motion for summary judgment (Filing No. 665 in Sampson v. Schenck, No 8:07CV155) is denied as moot. Defendant William Lambert's and defendant Charles OCallaghan's motion for partial summary judgment (Filing No. 668 in Sampson v. Schenck, No 8:07CV155) is denied as moot. Defendant Douglas County's Motion for Summary Judgment (Filing No. 540 in Livers v. Schenck, No. 8:08CV107) is denied as moot. Defendant William Lambert's and defendant Charles O'Callaghan's motion for partial summary judgment (Filing No. 543 in Livers v. Schenck, No. 8:08CV107) is denied. Defendant Cass County's motion for summary judgment (Filing No
October 8, 2013
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MEMORANDUM AND ORDER - Defendants Lambert's and O'Callaghan's objection to an order of the magistrate judge (Filing No. 617) is denied as moot. The plaintiff's motion in limine to exclude references to false allegations of inappropriate touching of minors (Filing No. 627) is denied without prejudice to reassertion at trial. The plaintiff's motion in limine to exclude references to a prior ruling of the Cass County District Court on a motion to suppress in State v. Sampson, No. CR06-55 (Filing No. 634) is granted. Defendants Lambert's and O'Callaghan's objection to the magistrate judge's order denying their motion to refer the case to mediation (Filing No. 657) is overruled. Ordered by Judge Joseph F. Bataillon. (AOA)
October 18, 2013
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MEMORANDUM AND ORDER - Defendants William Lambert's and Charles O'Callaghan's Motion in Limine to Exclude or Limit Testimony by Plaintiffs Expert Witnesses (Filing No. 672) is denied with respect to Dr. Richard Leo and Dr. Charles R. Honts and granted with respect to Stanley Walters. Defendants William Lambert's and Charles O'Callaghan's Motion in Limine Topics 1 to 5 (Filing No. 675) is granted with respect to topics 1, 2, 4, and 5 and denied without prejudice to reassertion at trial with respect to topic 3. Plaintiff's Motion in Limine (Filing No. 677) is denied without prejudice to reassertion with respect to items 1, 2, and 3; denied with respect to item 4 and granted with respect to item 5. The Motion in Limine filed by defendants Cass County, Earl Schenck and Sandra Weyers (Filing No. 680) is denied. The Motions in Limine filed by defendants Cass County, Earl Schenck and Sandra Weyers (Filing Nos. 683, 686,.687, and 690) are granted in part and denied in part as set forth in this order. Ordered by Judge Joseph F. Bataillon. (AOA, )
October 22, 2013
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ORDER - Default judgment is entered against Mr. Kofoed on all issues of liability. The defendants shall file a brief and any additional evidence on or before October 30, 2013, on the issue of a damages award against Mr. Kofoed. Mr. Kofoed shall have 10 days following the filing of the defendants' brief to respond to the issue of damages and attorney fees. A judgment on liability and damages will be entered against Mr. Kofoed at a later date. The Clerk of Court is ordered to mail this Order to Mr. Kofoed to both his CM/ECF address and to his last known address. Ordered by Judge Joseph F. Bataillon. (Copies mailed as directed) (AOA)
November 12, 2013
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ORDER - The plaintiff's claims against defendants Schenck, Weyers and Cass County, Nebraska, are dismissed, with prejudice, each party to pay its own costs. Ordered by Judge Joseph F. Bataillon. (AOA)
March 31, 2014
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MEMORANDUM AND ORDER - Plaintiff's motion for a final judgment (Filing No. 717) is granted. Plaintiff's motion for attorney fees (Filing No. 720) is granted. A judgment in accordance with this Memorandum and Order will issue this date. Ordered by Judge Joseph F. Bataillon. (AOA)
July 14, 2014
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ORDER AND JUDGMENT OF DISMISSAL granting 742 Motion to Dismiss. The plaintiff's claims against defendants Lambert and O'Callaghan are hereby dismissed, with prejudice, each party to pay his own costs. Ordered by United States District Judge Joseph F. Bataillon. (KMG)
January 20, 2015
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ORDER- The remaining issues in these actions involve common questions of law and fact, these matters are consolidated for hearing or trial of any or all matters in issue pursuant to Fed. R. Civ. P. 42(a). The following deadlines shall apply in these cases: The plaintiffs shall file any dispositive motion on or before June 2, 2015. The garnishee shall file any cross-motion for disposition of this matter and respond to the plaintiffs' motion on or before June 30, 2015. The plaintiffs shall file any response to the garnishees cross-motion and reply to the garnishees response on or before July 17, 2015. The garnishee shall have to July 31, 2015, in which to reply. Following the submission of the above items, should there be a necessity for a hearing or trial pursuant to Neb. Rev. Stat. § 25-1030.02, the court will conduct a telephone conference to schedule such proceedings. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
June 2, 2015
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ORDER granting the plaintiffs' (812) Motion Enlargement of Time in case 8:07-cv-00155-JFB-TDT and (765) Motion to Extend in case 8:08-cv-00107-JFB-TDT. The plaintiffs shall file any dispositive motion on or before June 10, 2015. The garnishee shall file any cross-motion for disposition of this matter and respond to the plaintiffs motion on or before July 8, 2015. The plaintiffs shall file any response to the garnishees cross-motion and reply to the garnishees response on or before July 27, 2015. The garnishee shall have to August 10, 2015, in which to reply. Following the submission of the above items, should there be a necessity for a hearing or trial pursuant to Neb. Rev. Stat. § 25-1030.02, the court will conduct a telephone conference to schedule such proceedings. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
July 2, 2015
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ORDER granting (817) Motion to Extend in case 8:07-cv-00155-JFB-TDT; granting (769) Motion to Extend in case 8:08-cv-00107-JFB-TDT. The following deadlines shall apply in these cases: The garnishee shall file any cross-motion for disposition of this matter and respond to the plaintiffs motion on or before July 27, 2015. The plaintiffs shall file any response to the garnishees cross-motion and reply to the garnishees response on or before August 17, 2015. The garnishee shall have to August 31, 2015, in which to reply. Following the submission of the above items, should there be a necessity for a hearing or trial pursuant to Neb. Rev. Stat. § 25-1030.02, the court will conduct a telephone conference to schedule such proceedings. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
April 18, 2016
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ORDER - On or before May 2, 2016, the plaintiffs shall file any motions for garnishment and any applications for attorney's fees. The garnishee shall have to on or before June 1, 2016, to file responses to the motions and applications filed. The plaintiffs shall have to on or before June 15, 2016, to file any reply. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
November 30, 2016
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MEMORANDUM AND ORDER - Plaintiff Nicholas Sampson's motion for a partial summary judgment on the issue of bad faith (Filing No. 841 in Case No. 8:07cv155) is denied. Plaintiff Matthew Livers's motion for partial summary judgment on the issue of bad faith (Filing No. 792 in Case No. 8:08cv107) is denied. Plaintiff Nicholas Sampson's motion for attorney fees and expenses (Filing No. 835 in Case No. 8:07cv155) is granted. Attorney fees in the amount of $15,298.50, and costs in the amount of $739.52, are awarded to plaintiff Sampson from garnishee St. Paul in Case No. 8:07cv155. Plaintiff Matthew Livers's motion for attorney fees (Filing No. 787 in Case No. 8:08cv107) is granted. Attorney fees in the amounted. Ordered by Senior Judge Joseph F. Bataillon. (KLF) of $217,614.50 are awarded to plaintiff Livers and against garnishee St. Paul in Case No. 8:08cv107. Plaintiff Nicholas Sampson's motion for a money judgment and order of garnishment (Filing No. 838 in Case No. 8:07cv155) is granted in part and denied in part as set forth in this order. Plaintiff Matthew Livers's motion for money judgment and order of garnishment (Filing No. 789 in Case No. 8:08cv107) is granted in part and denied in part as set forth in this order. Within 14 days of the date of this order, the plaintiffs shall submit to the court calculations of each plaintiff's proportionate share of the garnishee's $5,000,000.00 liability, to be prorated between the plaintiffs in proportion to their share of the total of the original judgments combined. An order of garnishment directing garnishee St. Paul Fire and Marine Company, also known as The Saint Paul Travelers Companies, Inc., to pay into the court the sum of five-million dollars ($5,000,000.00), prorated between the plaintiffs, and judgments for attorney fees and costs in favor of the plaintiffs and against garnishee St. Paul Fire and Marine Company, also known as The Saint Paul Travelers Companies, Inc., will thereafter be enter
December 30, 2016
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FINAL ORDER OF GARNISHMENT: This matter is before the Court on the plaintiffs' calculations of each plaintiff's pro-rata share of the garnishee liability of St. Paul Fire and Marine Company a/k/a/ The Saint Paul Travelers Companies, Inc. ("St. Paul" or "garnishee"), Filing No. 854 in Sampson v. Schenk, No. 8:07cv155 ("Sampson") and Filing No. 802 in Livers v. Schenk, No. 8:08cv107 ("Livers"). There has been no response to the motion. The plaintiffs have unsatisfied judgments against David Kofoed (Sampson, Filing No. 783; Livers, Filing No. 727). The matter has been heard on plaintiffs' motions for money judgments and orders of garnishment (Sampson, Filing No. 838; Livers, Filing No. 789). The Court has determined that garnishee St. Paul is in possession of property of the judgment debtor in that a St. Paul policy provides coverage for Kofoed's acts (Sampson, Filing No. 853; Livers, Filing No. 801). Pursuant to the Memorandum and Order dated November 30, 2016, Filing No. 853 in Sampson and Filing No. 801 in Livers, IT IS ORDERED that garnishee St. Paul Fire and Marine Insurance Company, also known as The Saint Paul Travelers Companies, Inc., shall pay into the court the sum of $5,000,000.00 to be paid to the plaintiffs as follows: $1,643,500.00 to plaintiff Nicholas Sampson and $3,356,500.00 to plaintiff Matthew Livers. Ordered by Senior Judge Joseph F. Bataillon. (E-mailed to Financial Specialist) (ADB)
January 19, 2017
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ORDER - This matter is before the court on the court's own motion pursuant to 28 U.S.C. § 455(a), which states: "Any... judge... of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Upon review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse herself from the above-designated case pursuant to 28 U.S.C. § 455(a) and (b)(2). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge. Ordered by Magistrate Judge Susan M. Bazis. (KLF)