MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on motions for summary judgment filed by the United States in each of these cases. 8:06CV750, Filing No. 62; 8:08CV530, Filing No. 39. James and Gayle Oppliger have filed briefs in opposition to both motions, and both parties have filed indices in support of their respective positions. These cases are related and the motions will be decided together as they are virtually identical. The Oppligers filed the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on Streck's appeal of a decision of the United States Patent and Trademark Office ("PTO"), Board of Patent Appeals and Interferences ("the Board") in Patent Interference No. 105,522 ("the Interference Action") under 35 U.S.C. 146. The Board ruled in favor of defendant Research & Diagnostic Systems, Inc. ("R & D") on the issue of priority of invention of a hematology control composition....
MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. The plaintiff, LOL Finance Company ("LOLFC" or "LOL"), claims (1) that the defendants, Paul Johnson & Sons Cattle Co., Inc. ("PJSCC"), Robert P. Johnson ("Johnson"), and Keri J. Maloley ("Maloley"), converted cattle and proceeds from sales of cattle in which LOLFC held a security interest; (2) that sales proceeds were also converted by the defendant, First National Bank of Omaha ("FNBO"); (3) that all of the defendants 1 conspired to...
MEMORANDUM OPINION LYLE E. STROM, Senior District Judge. I. INTRODUCTION This matter is before the Court for ruling on the cross-motions for summary judgment (Filing Nos. 147, 150 & 153) the parties 1 filed pursuant to the Court's December 17, 2009, order (Filing No. 146). On April 13, 2009, the United States Court of Appeals for the Eighth Circuit remanded the case to this Court for further consideration of the plaintiffs' procedural due process claim (Filing No. 125). Keating v. Neb....
MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on defendant's objection, Filing No. 33, to the findings and recommendation of the magistrate judge ("F & R"), Filing No. 29, on the defendant's motion to suppress, Filing No. 22. The magistrate judge recommends that this court deny the defendant's motion to suppress evidence and statements obtained by law enforcement officers after an encounter on a bus at the Greyhound bus station in Omaha, Nebraska, on...
MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. This matter is before me for initial review 1 of the motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (" 2255 motion") (filing 182). Gary Zierke, Jr. ("Zierke"), not to be confused with his son, Gary Zierke III ("Zierke III"), attacks his drug conviction and the 360 month prison sentence that resulted. Since it plainly appears that Zierke is not entitled to relief, the motion will...
MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. Sometimes, judges should actually look at the child pornography that forms the basis for a conviction before fashioning an appropriate sentence. See, e.g., United States v. Cunningham, 680 F.Supp.2d 844 , 854-855 (N.D.Ohio 2010) ("Thus, the Court implores any reviewing Court to personally examine the images at issue and not simply rely on a written description of their contents. The Court acknowledges that the review of such images...
MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. At issue in these consolidated cases is the constitutionality of amendments to Nebraska's Sex Offender Registration Act that became operative January 1, 2010. 1 On cross-motions for summary judgment, I find there are genuine issues of material fact regarding three new sections of the Act which will necessitate a trial, but in all other respects I find as a matter of law that the legislation does not violate either the United States...
MEMORANDUM OPINION LYLE E. STROM, Senior Judge. I. INTRODUCTION This matter is before the Court on plaintiff's summary judgment motion (Filing No. 29). In their opposition briefs, defendants have moved for summary judgment (Filing Nos. 42 and 45). Plaintiff Mary Clark ("Clark") filed this action against defendants Capital One Bank, Inc. ("Capital One") and Brumbaugh & Quandahl, P.C. L.L.O., ("B & Q") for alleged violations of the Fair Debt Collections Practices Act (the "FDCPA"), 15 U.S.C....
MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on the government's objection, Filing No. 36, to the findings and recommendation ("F & R") of the magistrate judge, Filing No. 35, concerning the defendant's motion to suppress evidence obtained as a result of a traffic stop and subsequent search that occurred on November 30, 2009. Filing No. 25. The indictment charges defendant with two counts under 21 U.S.C. 841(a)(1), (b)(1) for intentionally...
MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. This matter is before the Court on the Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Filing No. 2). 1 The Motion is supported by a brief and indexes of evidence (Filing Nos. 4, 3, and 31). Defendants entered a Notice of Appearance (Filing No. 21), and the Court conferred with counsel for the parties on June 29, 2010, for purposes of establishing a briefing schedule. In accordance with the agreed-upon...
MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on Defendants Tim Pavel ("Pavel"), Tyler Endicott ("Endicott"), Daniel Wendt ("Wendt"), Roland Liehus ("Liehus"), Chad Pierce ("Pierce"), Trace Malousek ("Malousek") and Marlin Leybold's ("Leybold") Motion for Summary Judgment. (Filing No. 84.) Plaintiff has filed a Brief in Resistance to Defendants' Motion. (Filing No. 93.) For the reasons discussed below, Defendants' Motion is granted. I. BACKGROUND...
MEMORANDUM & ORDER LAURIE SMITH CAMP, District Judge. This matter is before the Court on the Motion for Preliminary Injunction (Filing No. 5) and the Proposed Order (Filing No. 37) submitted by Plaintiff Shirley L. Phelps-Roper against all Defendants. For the reasons discussed below, the Plaintiff's Motion for Preliminary Injunction and Proposed Order will be denied. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Shirley Phelps-Roper ("Phelps-Roper") is a member of the Westboro Baptist Church (...
MEMORANDUM OPINION AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on defendant's "Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (" 2255 motion"), Filing No. 214. 1 In his motion, Monnier asserts ineffective assistance of counsel at trial and on appeal. I. FACTS William T. Monnier was charged in a two-count indictment with conspiracy to distribute 500 grams or more of methamphetamine in violation of 21 U....
AMENDED MEMORANDUM & ORDER LAURIE SMITH CAMP, District Judge. This matter is before the Court on the Joint Stipulation of Consent Decree (Filing No. 79) entered into by Plaintiff Shirley L. Phelps-Roper and Defendants City of Bellevue, John W. Stacey, Gary Mixan, Kay Dammast, and Gary Troutman (collectively the "Bellevue Defendants"); Objections to the Proposed Consent Decree (Filing Nos. 84, 85, 86, 87, 88); Motions to Dismiss and Abstain or to Stay Proceedings and for a Protective Order (...
MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. The plaintiff, Algie E. Holmes ("Holmes"), was employed as a laborer by the defendant, Archer Daniels Midland Company ("ADM"), from August 12, 2008, until June 25, 2009, when he was terminated for continued poor job performance after he clocked out and left work without permission. Holmes claims he was terminated because of his race and also in retaliation for reporting a work-related injury and complaining about racial discrimination....
