Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

16-524 - Wilson et al v. Geerdes et al


Download Files

Metadata

Document in Context
16-524 - Wilson et al v. Geerdes et al
December 7, 2016
PDF | More
MEMORANDUM AND ORDER that the non-lead Plaintiff, Riley Nicole Shadle, shall have 30 days from the date of entry of this order in which to advise the court whether he wishes to continue as a Plaintiff in this group action. If, by that deadline, Shadle advises the court that he does not wish to participate in the action, he will be dismissed from the lawsuit and will not be charged a filing fee for this action. This is the only way to avoid the obligation to pay a filing fee for this action. Alternatively, if any Plaintiff (including Harold Wilson) wants to pursue his claims individually in a separate lawsuit, he shall so advise the court in writing, and his claims shall be severed into a new action where a filing fee will be assessed. Each non-lead Plaintiff who chooses to continue as a Plaintiff, either in this action or in a severed individual case, is hereby ORDERED to pay the court's filing fee or file a properly completed motion for leave to proceed in forma paurty) (LAC)peris (IFP) within 30 days from the date of this Memorandum and Order. The clerk's office is directed to send the Form AO240 to Riley Nicole Shadle. Failure to submit a properly completed IFP motion does not relieve a non-lead Plaintiff of the obligation to pay a filing fee, unless he also submits timely written notice that he does not intend to proceed with the action. Any non-lead Plaintiff who simply does not respond to this Memorandum and Order within 30 days will be obligated to pay the full filing fee and will also be dismissed from this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Plaintiffs are again WARNED that future group motions or pleadings that do not comply with the group pleading requirements discussed herein shall be stricken pursuant to Rule 11(a). Plaintiffs are further ADVISED that each of them is under a continuing obligation to keep the court informed of any change in his address. The clerk of court is directed to set a pro se case management deadline using the following text: January 6, 2017: Check for Response to Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se pa
December 29, 2016
PDF | More
MEMORANDUM AND ORDER that Wilson's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Wilson must pay an initial partial filing fee of $35.79 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Wilson's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Wilson's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: January 28, 2017: initial partial filing fee payment due. Wilson is advised that, following payment of the initial partial filing fee, the next step in this case will be for the court to conduct an initial review of the claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e) (2). The court will conduct this initial review in its normal course of business. Wilson's Motion to Amend (Filing No. 9) is denied without prejudice to him filing a proper motion to amend which complies with the local rules of this court. Wilson's Motion for Preliminary Injunction and/or Temporary Restraining Order (Filing No. 12) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)
December 29, 2016
PDF | More
MEMORANDUM AND ORDER that Shadle's Motion for Leave to Proceed IFP (Filing No. 10) is granted. Shadle must pay an initial partial filing fee of $22.70 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Shadle's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Shadle's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: January 28, 2017: initial partial filing fee payment due. Shadle is advised that, following payment of the initial partial filing fee, the next step in this case will be for the court to conduct an initial review of the claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e) (2). The court will conduct this initial review in its normal course of business. Shadle's initial Motion for Leave to Proceed In Forma Pauperis (Filing No. 7) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC)
January 26, 2017
PDF | More
MEMORANDUM AND ORDER - This matter may proceed to service of process as to Plaintiffs' 42 U.S.C. § 1983 claims based on due process, equal protection, and retaliation against Defendants Jason Geerdes, Fred Britten, Cathy Sheair, and Scott Frakes in their official capacities only. Because Defendants are sued only in their official capacities, they shall be served at the office of the Nebraska Attorney General. The clerk of the court is directed to complete summons forms and USM-285 forms for each of the Defendants 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 and a copy of this Memorandum and Order to the Marshals Service for service of process on Defendants. Defendants shall have 21 days from the date they are served to file an answer or other responsive pleading to Plaintiffs' Complaint. Wilson's Motion for Status is granted. (Filing No. 16.) Shadle has been given leave to proceed in forma pauperis. (Filing No. 14.) Shadle's Motion (Filing No. 21) seeking an extension of time to file his initial partial filing fee is denied as moot. The court received Shadle's initial partial filing fee on January 20, 2017. All other pending motions (Filing Nos. 15, 17, 18, 22, and 24) will be stayed in abeyance pending a response from Defendants. The clerk's office shall terminate Defendants Brad Exstrom, Troy Hawk, and Richard Cruickshank from the case until the court acts on Wilsons Motion to Amend (Filing No. 18). The clerk's office shall set a pro se case management deadline using the following text: February 15, 2017: check for Defendants' response. (Pro Se Case Management Deadline set for 2/15/2017.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and USM with summons) (CS)
February 1, 2017
PDF | More
MEMORANDUM AND ORDER - With regard to this court's order dated January 26, 2017 (Filing No. 25), the United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk's office provide a copy of this order to the United States Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM and Copy mailed to pro se party )(LAC) Modified on 2/1/2017 to include mailed to pro se party (LAC).
February 7, 2017
PDF | More
MEMORANDUM AND ORDER that Wilson's motion (Filing No. 27) will be stayed in abeyance with all other pending motions in this matter until Defendants respond to Plaintiffs' Complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
March 31, 2017
PDF | More
MEMORANDUM AND ORDER that with thanks for accepting the appointment, Michael D. Gooch is hereby appointed to represent Plaintiff Wilson and Plaintiff Shadle. The clerk of the court shall provide Mr. Gooch with a copy of this Memorandum and Order. Mr. Gooch is directed to promptly enter his appearance as counsel in this case. Upon entry of Mr. Gooch's appearance in CM/ECF, the clerk of the court shall immediately pay from the Federal Practice Fund the sum of $1,000 to Mr. Gooch. A second and the last installment of $1,000 shall become due and payable to Mr. Gooch upon the entry of judgment or other closing documents in the case. Mr. Gooch may incur reasonable expenses when representing Plaintiffs in accordance with parts III(A), VI(C), and VI(E) of the Amended Plans for Administration of the Federal Practice Fund and Federal Practice Committee.1 See also NEGenR 1.7(g) and NECivR 54.3-54.4. Should Plaintiffs succeed and Mr. Gooch is awarded attorney fees and expenses that exceed $2,000 plus expenses, he shall reimburse the Federal Practice Fund for the fees and expenses paid from the fund. At the direction of the court, this case is removed from the pro se docket. The clerk's office shall randomly assign new judges to this case and shall request a reassignment order from the Chief Judge. All pending motions, including Defendants' Motion to Dismiss (Filing No. 42), will be stayed until the assigned judges enter an order progressing the matter. The undersigned recommends to the judges, who are ultimately assigned, to consider issuing a progression order after consultation with counsel. The clerk's office shall provide Plaintiffs, counsel for Defendants, and Chief Judge Smith Camp with a copy of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)
April 12, 2017
PDF | More
ORDER - Plaintiff Wilsons motion to amend the complaint to add additional defendants 18 is denied without prejudice to re-filing, if appropriate, through his court-appointed counsel. Plaintiff Wilson's motion to permit the presence of an inmate advisor at teleconference hearings 17 is denied. Plaintiff Wilson's motion to pay the full filing fee for co-plaintiff Shadle 22 is denied. Plaintiff Shadle's motion to make filing fee payments directly to the court rather than through the penal institution 41 is denied. Defendants' motion to restrict access to Wilson's 20 (which includes Shadle's date of birth and social security number) 45 is granted. Filing 20 is now a restricted access filing. Ordered by Magistrate Judge Cheryl R. Zwart. (CS)
April 26, 2017
PDF | More
d by Judge Robert F. Rossiter, Jr. (JSF)ORDER that plaintiff Harold Bryan Wilson's Motion for Preliminary Injunction and/or Temporary Restraining Order and Motion to Add Additional Defendant (Filing No. 15) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. Plaintiff Riley Nicole Shadle's Motion for Reconsideration (Filing No. 24) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. Wilson's Motion for Temporary Restraining Order and Preliminary Injunction (Filing No. 27) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. The stay is lifted. The plaintiffs shall have until May 26, 2017, to respond to the defendants' Motion to Dismiss. Ordere
August 10, 2017
PDF | More
ORDER that Plaintiffs' anticipated motion to strike the amended complaint (Filing No. 57), and to file a new amended complaint shall be filed on or before August 18, 2017. Plaintiff need not outline or otherwise identify the changes in the amended complaint. Defendants' response to Plaintiff's amended complaint shall be filed on or before 30 days after the last defendant is served. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
March 23, 2018
PDF | More
ORDER denying 69 Motion to Consolidate Cases. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
March 28, 2018
PDF | More
ORDER granting 79 Motion to Extend deadline for filing the parties' Rule 26(f) Report. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)