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14-004 - Johnson et al v. City of Omaha et al


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14-004 - Johnson et al v. City of Omaha et al
May 20, 2014
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ORDER granting 25 Motion to Extend Time to file Rule 26(f) report. The parties shall have until 5/28/2014 to file their Rule 26(f) report. Ordered by Senior Judge Lyle E. Strom. (JSF)
May 27, 2014
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ORDER granting 27 Motion to Extend. Plaintiffs shall have until June 9, 2014, to file their opposition to defendants' motions to dismiss. Ordered by Senior Judge Lyle E. Strom. (JSF)
June 9, 2014
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ORDER granting 31 Motion for Leave to File First Amended Complaint. Plaintiffs' amended complaint shall be filed on or before 6/16/14. Defendants shall file their answers on or before 7/14/14. The parties shall submit their Rule 26(f) report on or before 8/1/14. Ordered by Senior Judge Lyle E. Strom. (JSF)
August 5, 2014
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ORDER that a scheduling conference with the undersigned will be held on : Friday, August 22, 2014 at 8:15 a.m. in Suite 3190, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, OMAHA, Nebraska, to establish a final progression order for this case. The parties may participate by telephone by notifying Judge Strom's office prior to said date. Ordered by Senior Judge Lyle E. Strom. (MKR)
August 11, 2014
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ORDER granting 41 Motion for Leave to File Second Amended Complaint. Plaintiffs shall file their second amended complaint on or before 8/15/2014. Ordered by Senior Judge Lyle E. Strom. (JSF)
November 19, 2014
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ORDER granting 72 defendants' Motion to Extend. Defendants shall have until November 20, 2014, to respond to plaintiffs' brief in opposition to the motion to bifurcate. Ordered by Senior Judge Lyle E. Strom. (JSF)
January 29, 2015
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ORDER granting 78 Motion to Extend. Defendants shall have until March 31, 2015, to file motions for summary judgment raising the issue of qualified immunity. Ordered by Senior Judge Lyle E. Strom. (JSF)
March 3, 2015
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SECOND AMENDED FINAL PROGRESSION ORDER - This matter is before the court on the Plaintiff's Motion for Extension of Time to disclose expert reports and to complete discovery 80. Jury Trial set for 11/30/2015 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom; Pretrial Conference set for 11/13/2015 at 09:30 AM in Chambers before Magistrate Judge F.A. Gossett. Ordered by Senior Judge Lyle E. Strom. (MKR)
March 31, 2015
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ORDER that Defendants' motion is granted; all defendants shall have until April 30, 2015, to file motions for summary judgment raising the issue of qualified immunity. The parties shall have until October 23, 2015, to file motions for summary judgment on the merits of the case. Ordered by Senior Judge Lyle E. Strom. (JSF)
May 20, 2015
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ORDER - Plaintiffs' Motion for Extension of Date to Oppose Motions for Summary Judgment for Qualified Immunity 99 is granted. Plaintiffs shall have until May 29, 2015, to oppose defendants' motions for summary judgment for qualified immunity. Ordered by Senior Judge Lyle E. Strom. (SLP)
May 21, 2015
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ORDER granting 98 Motion to Extend Deadlines. The parties shall have until August 30, 2015, to complete the taking of depositions in this matter. Ordered by Senior Judge Lyle E. Strom. (JSF)
October 6, 2015
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ORDER that the Motion to Extend 117 is granted. The City of Omaha shall have until October 23, 2015, to respond to the Rowland's Motion for Summary Judgment. Ordered by Senior Judge Lyle E. Strom. (LAC)
October 16, 2015
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ORDER that the stipulation 119 is approved and adopted. Plaintiffs' claims against defendants Dyea Rowland and Christopher Olson are dismissed with prejudice, each party to pay its own attorney's fees and costs. Defendant Rowland's crossclaim against the City of Omaha remains pending. Ordered by Senior Judge Lyle E. Strom. (KLF)
October 27, 2015
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THIRD AMENDED FINAL PROGRESSION ORDER - This matter is before the court on the parties' Joint Motion to Re-Progress the case 121. Jury Trial set for 5/23/2016 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom., Pretrial Conference set for 5/9/2016 at 10:00 AM in chambers Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F.A. Gossett. Ordered by Senior Judge Lyle E. Strom. (MKR)
November 5, 2015
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ORDER that the motion (Filing No. 122) is granted. The City of Omaha shall have until November 13, 2015, to respond to the Rowland's motion for summary judgment. Ordered by Senior Judge Lyle E. Strom. (LAC)
November 16, 2015
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ORDER that the 125 Motion is granted. The City of Omaha shall have until November 23, 2015, to respond to the Rowlands motion for summary judgment. Ordered by Senior Judge Lyle E. Strom. (LAC)
November 18, 2015
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ORDER that the stipulation is approved and adopted. The cross claim of Dyea L. Rowland is dismissed with prejudice. Ordered by Senior Judge Lyle E. Strom. (LAC)
July 22, 2016
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MEMORANDUM OPINION - The Court finds that the parties have reached an enforceable settlement agreement. On the record, the parties agreed to the essential terms of the contract, i.e., that the plaintiffs as a group would accept an offer of judgment for $30,000, the City of Omaha would pay $60,000 in attorneys fees and costs, and that each of the individual defendants would be dismissed with prejudice (Filing No. 142 at 14-16). Counsel for both the plaintiffs and defendants stated that the above mentioned terms were agreed to by the parties. In addition, Magistrate Judge Zwart asked each of the five plaintiffs individually if they participated in the settlement conference, if they understood the terms, and if they agreed to the terms. All five plaintiffs answered Yes to the questions. Magistrate Judge Zwart clearly explained that it is a full and final settlement of the case and there will be no renegotiation thereafter. (Id. at 14). Similar to the UUCM case, a binding agreement was formed at the settlement conference, and the plaintiffs cannot take back their agreement at the City Council meeting or anytime thereafter. The defendants are entitled to enforce the settlement agreement. The defendants motion to enforce the settlement will be granted. A separate judgment will be entered against the City of Omaha in accordance with the Rule 68 Offer of Judgment. Ordered by Senior Judge Lyle E. Strom. (LAC, )
August 23, 2016
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ORDER that the motion to withdraw (Filing No. 146) is granted. Diana J. Vogt and the law firm of Sherrets Bruno & Vogt LLC, and Amy Miller, of the American Civil Liberties Union of Nebraska, are deemed withdrawn as counsel for plaintiffs. Ordered by Senior Judge Lyle E. Strom. (LAC)
August 23, 2016
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ORDER that the motion for an award of attorneys' fees and costs is granted. The City of Omaha shall pay said sum of $60,000.00 to Diana J. Vogt and the law firm of Sherrets Bruno & Vogt LLC, and Amy Miller, of the American Civil Liberties Union of Nebraska in accordance with the stipulation of the parties. Ordered by Senior Judge Lyle E. Strom. (LAC)
August 23, 2016
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ORDER AND JUDGMENT- Judgment is entered against the defendant City of Omaha and in favor of all the plaintiffs in the combined collective amount of thirty thousand dollars and no cents ($30,000.00). The City of Omaha shall deposit all the funds with the Clerk of the Court. All claims against all individual defendants in their individual and official capacities are dismissed with prejudice. Defendants' motion to compel responses to the requests for production served by the defendants (Filing No. 130) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (Copy to Finance) (LAC) Modified on 8/24/2016 to include Copy to Finance(LAC).