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16-131 - Valentine v. Villwok et al


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16-131 - Valentine v. Villwok et al
March 29, 2016
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MEMORANDUM AND ORDER - Leave to proceed in forma pauperis 1 is provisionally granted, and the Complaint shall be filed without payment of fees. Plaintiff is advised that the next step in her case will be for the court to conduct an initial review of her claims to determine whether summary dismissal is appropriate under 28 U.S.C. ยง 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
May 25, 2016
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MEMORANDUM AND ORDER Plaintiff has 30 days in which to take reasonable steps to identify the two Jane Doe Defendants who subjected her to a body cavity search and notify the court of their names, after which the court will send Plaintiff the documents necessary to initiate service of process. Failure to do so will result in dismissal of this case without prejudice and without further notice. Plaintiff may request an extension of time in which to identify the Jane Does if additional time is needed. The clerk of the court is directed to set the following case management deadline: June 23, 2016: check for identification of Jane Does. Plaintiff's claims against the City of Omaha, Chris Brown and six of the eight John and Jane Doe Defendants are dismissed without prejudice for failure to state a claim upon which relief may be granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
July 14, 2016
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MEMORANDUM AND ORDER that the above-captioned actions are hereby consolidated. The Clerk of the United States District Court for the District of Nebraska shall adjust its records to indicate that the above-captioned cases are consolidated. Case No. 8:16CV131 is hereby designated as the "Lead Case." Case No. 8:16CV174 is hereby designated as the "Member Case." The clerk of the court is directed to complete and issue summonses for Defendants the City of Omaha and Chief of Omaha Police Schmader in his official capacity in connection with Case No. 8:16CV174. See Fed. R. Civ. P. 4(j) ("A state, municipal corporation, or any other state-created governmental organization that is subject to suit must be served by: (A) delivering a copy of the summons and of the complaint to its chief executive officer; or (B) serving a copy of each in the manner prescribed by that state's law for serving a summons or like process on such a defendant."). The clerk of the court is further directed to deliver the summonses, the necessary USM-285 Forms, the complaint in Case No. 8:16CV174 (Filing No. 1), and a copy of this order to the United States Marshals Service for service of process upon Defendants the City of Omaha and Chief of Omaha Police Schmader at the office of the Omaha City Clerk, 1819 Farnam Street, Omaha, Nebraska, 68183. The Marshals Service shall serve the summonses and complaint without payment of costs or fees. The Clerk of Court is directed to set a pro se case management deadline in this case with the following text: "October 14, 2016: Check for completion of service." The Clerk of Court is directed to set a pro se case management deadline in this case with the following text: "November 14, 2016: Check for disclosure of Jane Doe Defendants and direct service by U.S. Marshal." The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this court. Plaintiff shall keep the court informed of her current address at all times while this case is pending. Failure to do so may result in dismissal. Plaintiff's Motion to Compel (Case No. 8:16CV174, Filing No. 7) and "Motion" (Case No. 8:16CV174, Filing No. 9) are denied as moot. Member Cases: 8:16-cv-00131-RGK-PRSE, 8:16-cv-00174-RGK-PRSEOrdered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and mailed as directed)(LAC)
November 28, 2016
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G)ORDER - Plaintiff's Motion (Case No. 8:16CV131, Filing No. 30; Case No. 8:16CV174, Filing No. 32) is denied. Member Cases: 8:16-cv-00131-LSC-FG3, 8:16-cv-00174-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party)(GJ
December 8, 2016
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ORDER that the Clerk of Court shall amend the docket to reflect Plaintiff's Appeal (Case No. 8:16CV131, Filing No. 33; Case No. 8:16CV174, Filing No. 35) is an objection to the undersigned magistrate judge's nondispositive text order d as moot. Defendant may respond to the objection on or before December 14, 2016. Member Cases: 8:16-cv-00131-LSC-FG3, 8:16-cv-00174-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party) (LAC)ated November 23, 2016 (Case No. 8:16CV131, Filing No. 29; Case No. 8:16CV174, Filing No. 31). The plaintiff's Motion for Leave to Appeal in Forma Pauperis (Case No. 8:16CV131, Filing No. 34; Case No. 8:16CV174, Filing No. 36) is denied
December 8, 2016
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e F.A. Gossett. (Copy mailed to pro se party) (LAC)ORDER that Plaintiff's motions to appoint counsel (Case No. 8:16CV131, Filing Nos. 35 and 37; Case No. 8:16CV174, Filing Nos. 37 and 39) are denied. Member Cases: 8:16-cv-00131-LSC-FG3, 8:16-cv-00174-LSC-FG3. Ordered by Magistrate Judg
December 23, 2016
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MEMORANDUM AND ORDER - Plaintiff Veronica Valentine's Motion for Summary Judgment, ECF No. 32 in 8:16cv131, and ECF No. 34 in 8:16cv174, is denied without prejudice to reassertion at an appropriate time following the issuance of the progression order. Member Cases: 8:16-cv-00131-LSC-FG3, 8:16-cv-00174-LSC-FG3Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAB)
January 9, 2017
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ORDER - Plaintiff's Motion to Compel Discovery (Filing No. 48 in Case No. 8:16CV131; Filing No. 50 in Case No. 8:16CV174) is denied, without prejudice. Plaintiff's miscellaneous Motion (Filing No. 50 in Case No. 8:16CV131; Filing No. 51 in Case No. 8:16CV174) is denied, without prejudice. Member Cases: 8:16-cv-00131-LSC-FG3, 8:16-cv-00174-LSC-FG3Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party)(GJG)
January 20, 2017
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ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE - The Final Pretrial Conference will be held before the assigned Magistrate Judge on September 7, 2017, at 10:30 A.M. Prior to the pretrial conference, all items as directed in NECivR 16.2 and full preparation shall have been completed so that trial may begin at any time following the Pretrial Conference. The trial date will be set by the assigned Magistrate Judge at the time of the Final Pretrial Conference. The January 30, 2017, deadline for the Rule 26 Meeting Report is cancelled. Plaintiff's Motion to Compel (Filing No. 54 in in Case No. 8:16CV131; Filing No. 55 in Case No. 8:16CV174) is denied, without prejudice. Plaintiff's Motion requesting the court set a time to meet and confer under Fed. R. Civ. P. 26 (Filing No. 55 in Case No. 8:16CV131; Filing No. 56 in Case No. 8:16CV174) is denied as moot. Member Cases: 8:16-cv-00131-LSC-FG3, 8:16-cv-00174-LSC-FG3Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party)(GJG)
February 8, 2017
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MEMORANDUM AND ORDER - Plaintiff's Objection, ECF No. 58 in 8:16cv131, ECF No. 59 in 8:16cv174, to Magistrate Judge's Order denying Plaintiff's Motion to Appoint Counsel, ECF No. 39 in 8:16cv131, ECF No. 41 in 8:16cv174, is overruled. Plaintiff's Objection, ECF No. 56 in 8:16cv131, ECF No. 57 in 8:16cv174, to Magistrate Judge's Order denying Plaintiff's Motion to Compel and Motion for Miscellaneous Relief, ECF No. 53 in 8:16cv131, ECF No. 54 in 8:16cv174, is overruled. Plaintiff's Objection, ECF No. 59 in 8:16cv131, ECF No. 60 in 8:16cv174, to Magistrate Judges Order Setting Schedule for Progression of Case, ECF No. 57 in 8:16cv131, ECF No. 58 in 8:16cv174, is overruled. Member Cases: 8:16-cv-00131-LSC-FG3, 8:16-cv-00174-LSC-FG3. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
May 12, 2017
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MEMORANDUM AND ORDER - IT IS ORDERED:The Plaintiff will not be granted permission to appeal in forma pauperis from the Court's denial of her motions for summary judgment, because the Memorandum and Order (ECF No. 47 in Case No. 8:16cv131 and ECF No. 49 in Case No. 8:16cv174) denying the motions is not a final order or judgment and is not subject to appeal. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(TCL)
May 31, 2017
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MEMORANDUM AND ORDER - IT IS ORDERED: The Plaintiff will not be granted permission to appeal in forma pauperis from the Court's prior denial of her motion to appeal in forma pauperis from the Court's denial of her motion for summary judgmed to pro se party)(TCL)ent, because the Memorandum and Order (ECF No. 47 in Case No. 8:16cv131 and ECF No. 49 in Case No. 8:16cv174) denying the motions is not a final order or judgment and is not subject to appeal. Ordered by Chief Judge Laurie Smith Camp. (Copy mail
June 14, 2017
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ORDER - IT IS ORDERED: Plaintiff's Motions (Filing Nos. 70 and 71 in Case No. 8:16CV131; Filing Nos. 71 and 72 in Case No. 8:16CV174) are denied. A party may object to a magistrate judges order by filing an objection within fourteen (14) days after being served with a copy of the order. See NECivR 72.2(a). Failure to timely object may constitute a waiver of any objection. Member Cases: 8:16-cv-00131-LSC-FG3, 8:16-cv-00174-LSC-FG3Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party)(TCL)
July 7, 2017
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REASSIGNMENT AND CONSOLIDATION ORDER - that, in the interest of judicial economy, Case No. 17cv236 is reassigned to the undersigned district judge for disposition and assigned to Magistrate Judge Nelson for judicial supervision and processing of all pretrial matters; and Case No. 17cv236 is hereby consolidated with the previously consolidated Case Nos. 16cv131 and 16cv174 as each involves substantially similar issues of law and fact. Member Cases: 8:16-cv-00131-LSC-MDN, 8:16-cv-00174-LSC-MDN, 8:17-cv-00236-RGK-PRSE Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC)
July 20, 2017
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ORDER - Plaintiff's Motion to Compel Discovery (Filing No. 88 in Case No. 8:16CV131; Filing No. 89 in Case No. 8:16CV174) is denied. Member Cases: 8:16-cv-00131-LSC-MDN, 8:16-cv-00174-LSC-MDN, 8:17-cv-00236-LSC-MDN. Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party)(GJG)
August 8, 2017
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MEMORANDUM AND ORDER that the Plaintiff's Notice of Appeal, ECF No. 96, is construed as an objection to the Magistrate Judge's Order, ECF No. 95, and the objection is denied. Member Cases: 8:16-cv-00131-LSC-MDN, 8:16-cv-00174-LSC-MDNOrdered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(LAC)
August 25, 2017
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ORDER - IT IS ORDERED: Plaintiff's Motion (Filing No. 103 in Case No. 8:16CV131; Filing No. 104 in Case No. 8:16CV174) is denied. A party may object to a magistrate judges order by filing an objection within fourteen (14) days after being served with a copy of the order. See NECivR 72.2(a). Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party)(TCL)
August 30, 2017
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ORDER that Plaintiff's Motion (Filing No. 106 in Case No. 8:16CV131; Filing No. 107 in Case No. 8:16CV174) is denied. Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party) (ADB)
September 13, 2017
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ORDER APPOINTING COUNSEL - Cathy S. Trent-Vilim for Veronica Valentine appointed as counsel. Ordered by Magistrate Judge Michael D. Nelson. (Copies mailed as directed)(copy provided to Pat Williamson)(ADB)
September 28, 2017
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ORDER - IT IS ORDERED: Plaintiff's Unopposed Motion to Continue Trial and Amend Progression Order (Filing No. 119 in Case No. 8:16CV131 and Filing No. 119 Case No. 8:16CV174), is granted, and the following scheduling deadlines shall apply as stated in this order. Final Pretrial Conference set for 2/9/2018 at 10:00 AM in Chambers before Magistrate Judge Michael D. Nelson. Non-Jury Trial set for 2/20/2018 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
December 14, 2017
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ORDER that this matter is before the Court following the telephone conference held with counsel for both parties on December 14, 2017. Plaintiff's Motion to Amend Complaint (Filing No. 136 in Case No. 8:16CV131 and Filing No. 133 in Case No. 8:16CV174) is granted. Plaintiff shall file her Second Amended Complaint on or before December 15, 2017. Defendants shall file an answer on or before December 29, 2017. Plaintiff's Motion to Compel, for Rule 37 Sanctions and for an Expedited Ruling (Filing No. 138 in Case No. 8:16CV131 and Filing No. 135 in Case No. 8:16CV174) is granted, in part, in accordance with the parties' discussion and the Courts directions during the telephone conference. Defendants' Motion to Continue (Filing No. 142 in Case No. 8:16CV131 and Filing No. 139 in Case No. 8:16CV174) is denied. Plaintiff must identify any expert witness by December 22, 2017. If Plaintiff discloses an expert witness, Defendant may identify a rebuttal expert witness on or before January 12, 2018. Member Cases: 8:16-cv-00131-LSC-MDN, 8:16-cv-00174-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (ADB)
January 29, 2018
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ORDER - IT IS ORDERED: The Motion to Withdraw as Counsel for Plaintiff and Motion for Expedited Hearing and Resolution (Filing No. 176 in Case No. 8:16cv131; Filing No. 172 in Case No. 8:16cv174; Filing No. 18 in Case No. 8:17cv236) is granted. Cathy Trent-Vilim is granted leave to withdraw as court-appointed counsel for Plaintiff, Veronica Valentine. Ms. Trent-Vilim shall immediately serve a copy of this Order on Ms. Valentine and thereafter file proof of service showing compliance with this Order, listing the name and address where this Order was sent. Ms. Trent-Vilim will not be relieved of applicable duties to the Court, Ms. Valentine, and opposing counsel until proof of service is filed. Upon filing of proof of service pursuant to Paragraph 2 of this Order, Plaintiff will be deemed to be proceeding pro se, that is, without the assistance of counsel, unless substitute counsel enters a written appearance on her behalf. If substitute counsel does not enter a written appearance, Plaintiff shall provide the Clerk of Court her current address and telephone number within five days of being served with this Order. Plaintiff may retain substitute counsel at any time. However, until such time as substitute counsel enter a written appearance, Plaintiff must comply with all case progression deadlines, orders of this Court, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Failure to comply with these requirements may result in the imposition of sanctions, including payment of costs, attorneys' fees, the entry of default judgment, and/or dismissal of the case. Plaintiff is reminded that only she or licensed counsel appearing on her behalf shall participate in the trial. Upon Ms. Trent-Vilim's submission of proof of service as described in Paragraph (2) of this Order, her appearance as counsel of record for Plaintiff will be terminated in each of the above cases. The Non-Jury trial remains set to commence during the week of February 20, 2018, in Omaha, Nebraska, before the Honorable Laurie Smith Camp, Chief United States District Judge. The Final Pretrial Conference set for February 9, 2018, before the undersigned magistrate judge is canceled. In lieu of the pretrial conference, counsel for defendants shall email the undersigned magistrate judge with a copy of the parties' proposed Pretrial Order on or before February 9, 2018. Pursuant to the express authorization of Chief Judge Smith Camp, and II.A.1.a of Amended Plan for the Administration of the Federal Practice Fund and the Federal Practice Committee, the Clerk of Court shall disburse the additional fee of $1,000 to Cathy Trent-Vilim for her services as appointed counsel in this case. Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party and Finance)(TCL)
February 12, 2018
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ORDER - Plaintiff's Second Motion to Compel, for Rule 37 Sanctions and for an Expedited Hearing or Ruling (Filing No. 186 in Case No. 8:16CV131 and Filing No. 182 in Case No. 8:16CV174) is denied. Defendants' Motion to Seal (Filing No. 190 in Case No. 8:16CV131 and Filing No. 186 in Case No. 8:16CV174) is denied as moot. Member Cases: 8:16-cv-00131-LSC-MDN, 8:16-cv-00174-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party) (LKO)
February 12, 2018
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ORDER RE: TRIAL PREPARATION. Member Cases: 8:16-cv-00131-LSC-MDN, 8:16-cv-00174-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party) (LKO)
February 28, 2018
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MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis, ECF No. 226 in Case No. 8:16cv131 and ECF No. 221 in Case No. 8:16cv174, is granted. The Clerk of the court shall provide the Eighth Circuit Court of Appeals with a copy of this Memorandum and Order. Member Cases: 8:16-cv-00131-LSC-MDN, 8:16-cv-00174-LSC-MDN Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LKO)
April 3, 2018
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in Case No. 8:16cv131 and ECF No. 227 in Case No. 16cv174, from the Court's Memorandum and Order, ECF No. 232 in Case No. 16cv131 and ECF No. 226 in Case No. 8:16cv174, is denied. The Clerk of court shall provide the Eighth Circuit Court of Appeals with a copy of this Memorandum and Order. Member Cases: 8:16-cv-00131-LSC-MDN, 8:16-cv-00174-LSC-MDN Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LKO) Modified on 4/3/2018 to add amended (KLF).AMENDED MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis, ECF No. 226, in Case No. 8:16cv131 and ECF No. 221 in Case No. 8:16cv174, is denied. Plaintiff's request to appeal in forma pauperis, ECF No. 233