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16-377 - Brown v. Department of Health and Human Services et al


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16-377 - Brown v. Department of Health and Human Services et al
August 3, 2016
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MEMORANDUM AND ORDER that leave to proceed in forma pauperis is provisionally granted, and the Complaint shall be filed without payment of fees. Plaintiff's Request for Summons 3 is denied without prejudice to reassertion at a later time. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MLF, )
November 9, 2016
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MEMORANDUM AND ORDER that the Plaintiff's claims for monetary relief against the DHHS and all other defendants in their official capacities are dismissed as barred by the Eleventh Amendment. Plaintiff's claims for injunctive relief as against defendants Black, Malone, Becker, Dykeman, and Laurell in their individual and official capacities are dismissed as moot. Plaintiff's defamation claim against all defendants is dismissed for failure to state a claim upon which relief can be granted. To the extent Plaintiff attempts to assert a § 1983 claim that the defendants failed to respond to her grievances and complaints in a timely fashion, such claim is dismissed for failure to state a claim upon which relief can be gras mailed as directed to pro se party) (LAC)nted. This case may proceed to service of process as to the following claims: (A) claims for prospective injunctive relief against the DHHS and defendant Philips in her official capacity and (B) claims for monetary and declaratory relief against defendants Philips, Black, Malone, Becker, Dykeman, and Laurell in their individual capacities for (i) denial of equal protection by subjecting Plaintiff to gender discrimination; (ii) First Amendment retaliation; and (iii) denial of due process under the Fourteenth Amendment. The clerk of the court is directed to send to Plaintiff copies of the Complaint (Filing No. 1 and 1-1) and this Memorandum and Order, along with eight summons forms and eight USM 285 Forms for service on the following defendants: the Nebraska Department of Health and Human Services; Philips in her official capacity; and Philips, Black, Malone, Becker, Dykeman, and Laurell in theirindividual capacities. (See attached Notice Regarding Service.) Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, Plaintiff is granted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service of process. (See this courts General Order No. 2015-06.) If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Plaintiff. In making such a request, Plaintiff must complete the USM 285 forms to be submitted to the clerk of the court with the completed summons forms. Without these documents, the United States Marshal will not serve process. Upon receipt of the completed forms, the clerk of the court will sign the summons forms and forward them to the United States Marshal for service on the defendants, together with a copy of the Complaint. In the event Plaintiff asks the United States Marshal to serve process, the clerk of the court will make copies of the Complaint for service on the defendants. The clerk of the court is directed to set the following pro se case management deadline: March 10, 2017: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copie
December 7, 2016
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ORDER that Plaintiff's Motion for Appointment of Counsel (Filing No. 9) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
December 20, 2016
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MEMORANDUM AND ORDER - that Plaintiff's Motion to Amend Complaint (Filing No. 13) is denied without prejudice to bringing such claims in a separate action. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF) Modified on 12/20/2016 to correct text (KLF).
February 9, 2017
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MEMORANDUM AND ORDER that Plaintiff's Motion to Remove Defense Counsel (Filing No. 17) is denied. Plaintiff's Motion to Appoint Counsel (Filing No. 18) is denied without prejudice to reassertion. Plaintiff's Motion for Enlargement of Time (Filing No. 27) is denied in part and granted in part as follows: Plaintiff's request to extend the time in which she must answer discovery requests is denied, and Plaintiff's request for additional time within which to respond to Defendants' Motions to Dismiss (Filing No. 23; Filing No. 25) is granted. Plaintiff may file her response to such motions on or before March 6, 2017. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
March 7, 2017
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ORDER that Plaintiff's Motion for Enlargement of Time (Filing 30) is granted, and Plaintiff's responses to Defendants' Motions to Dismiss (Filings 23 & 25) shall be filed on or before March 15, 2017. Ordered by Senior Judge Richard G. Kopf. (LAC)
April 26, 2017
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MEMORANDUM AND ORDER that the Motion to Dismiss (Filing 23) Plaintiff's only remaining 42 U.S.C. § 1983 claim against the Nebraska Department of Health and Human Services for prospective injunctive relief is GRANTED pursuant to Fed. R. Civ. P. 12(b)(6), and defendant Nebraska Department of Health and Human Services is dismissed from this case. The Motion to Dismiss (Filing 25) defendant Courtney Philips in her official capacity for improper service pursuant to Fed. R. Civ. P. 12(b)(4) and (5) is DENIED. Pursuant to Fed. R. Civ. P. 4(m), the time in which Plaintiff may serve defendant Courtney Philips in her official capacity with process is extended. For service of process on defendant Courtney Philips in her official capacity, the Clerk of the Court is directed to complete a summons form and a USM-285 form for defendant Courtney Philips using the address "Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509," and forward them together with a copy of the Complaint (Filing 1), the Supplemental Complaint (Filing [1-1]), the court's order on initial review (Filing 8), and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve defendant Courtney Philips in her official capacity at the office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509. See Federal Rule of Civil Procedure 4(j)(2); Neb. Rev. Stat. § 25-510.02 (Reissue 2016). The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. Plaintiff's motion (Filing 29) for an extension of time in which to respond to Defendants' discovery requests is GRANTED, and Plaintiff need not respond to any discovery requests issued prior to the court's progression order, which will be entered after all defendants have answered. Plaintiff's motion for protective order (Filing 33) is DENIED as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)
June 2, 2017
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in the amended progression order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel (Filing No. 42) is denied without prejudice. Plaintiff's Motion for Enlargement of Time (Filing No. 44) in which to serve interrogatories on Defendants is granted, and Plaintiff shall serve such interrogatories by July 14, 2017. An amended progression order shall be issued extending all deadlines by 30 days. Plaintiff is cautioned that the court will not tolerate multiple requests to extend the deadlines contained
August 15, 2017
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PROTECTIVE ORDER. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
August 15, 2017
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MEMORANDUM AND ORDER that Plaintiff's Motion for an Order Compelling Discovery(Filing No. 50) and Addendum to Plaintiff's Motion for an Order Compelling Discovery (Filing No. 51) are denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
October 5, 2017
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MEMORANDUM AND ORDER Plaintiff's Motion for Reconsideration (Filing No. 57) of the court's prior denial (Filing No. 56) of Plaintiff's Motion to Compel Discovery of Documents (Filing No. 51) is granted ONLY as it pertains to Request for Production No. 4 (Filing No. 51 at CM/ECF p. 4). Specifically, Defendants shall provide to Plaintiff copies of Plaintiff's gender evaluation done by Defendant Shannon Black and Sanat Roy (Program Psychiatrist) on August 12, 2016, as well as all written staff statements and notes regarding Plaintiff in the "S.O. group incident involving Lisa Laurell on September 20, 2016." Plaintiff's Motion for Reconsideration (Filing No. 57) is otherwise denied. Plaintiff's Motion to Appoint Counsel (Filing No. 58) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
October 30, 2017
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ORDER - Plaintiff's Motion for an Enlargement of Time (Filing No. 68) is granted, and Plaintiff's response to Defendants' Motion for Summary Judgment (Filing No. 61) shall be filed on or before November 22, 2017. Defendants may reply to Plaintiffs response within the time allowed by NECivR 7.1. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
December 6, 2017
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ORDER that the Clerk of Court shall terminate Plaintiff's Objection (Filing No. 71) as a pending motion, and docket such Objection as a Brief in Opposition to Defendants' Motion for Summary Judgment (Filing No. 61). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
January 30, 2018
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ORDER that the Defendants' Motion to Continue Final Pretrial Conference (Filing No. 76) is granted. This matter is referred to Magistrate Judge Zwart for rescheduling of the Final Pretrial Conference, which is currently set for February 1, 2018. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
January 31, 2018
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ORDER that the pretrial conference is continued pending further order of the court. If this case is not fully resolved by summary judgment, within ten (10) days after the summary judgment ruling, the parties shall contact the undersigned magistrate judge's chambers to re-schedule the pretrial conference. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(LAC)
February 26, 2018
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ORDER denying 83 Motion to Amend the judgment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(CCB)
May 8, 2018
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MEMORANDUM AND ORDER - that an Amended Judgment shall be entered, after which Plaintiff has 30 days to file a notice of appeal. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)