MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. Plaintiff Donald E. Wright is a Medicare beneficiary who was injured in a motor vehicle accident that occurred in Lincoln, Nebraska, in August 2008. On or about February 23, 2011, Wright filed a lawsuit in the District Court of Lancaster County, Nebraska, against Medicare Secondary Payer Recovery Contractor ("MSPRC") and Saint Elizabeth Regional Medical Center, Inc., ("Saint Elizabeth") seeking a declaratory judgment requiring MSPRC to pay...
MEMORANDUM AND ORDER CHERYL R. ZWART, United States Magistrate Judge. This matter is before the court on the motion filed by Defendant Federal Deposit Insurance Company's ("FDIC"), as Receiver for Defendant, FirsTier Bank Colorado ("FTB Colorado") and the motion filed by the Plaintiff Adams Bank & Trust's ("Adams Bank"). The FDIC objects to the venue of this case and requests transfer to the District Court of Colorado, (filing no. 41); Adams Bank moves for a determination of the proper...
MEMORANDUM AND ORDER RICHARD G. KOPF, Senior District Judge. This matter is before the court on Plaintiff James L. Sahs' ("Sahs") amended application for attorney fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d). (Filing 30.) Along with his amended motion, Sahs has filed a brief and index of evidence in support. (Filings 27 and 28.) The Commissioner has filed an objection. (Filing 31.) Sahs filed a response to the Commissioner's objection along with a...
MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. Using the LimeWire program and the Gnutella network, Robert M. Fast (Fast) downloaded child pornography starting as early as June 25, 2010 and law enforcement agents were able to access some of that pornography over the Internet. (Filing no. 31 at CM/ECF pp. 16-19.) Some of the pornography on Fast's computer included the "Vicky series." "Vicky," the person victimized in that pornography, now seeks restitution in the sum $952,759.81. After...
MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. This matter is before me on an appeal from and objection to Magistrate Judge Zwart's decision granting a motion to disqualify counsel for Paula Turner ("Turner"), the plaintiff. Deciding that Judge Zwart's decision was premature, I reluctantly reverse the order of disqualification. I. NOTICE Ryan Cooper is one of my law clerks. He shares a position as one of my chambers clerks. For that position, he is a term employee—meaning that he...
MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court following a trial in this case. Plaintiffs and intervenors brought this action to enforce their First Amendment rights of political free speech. Plaintiffs and the intervenors request that this court enter a declaratory judgment finding the defendant violated their rights pursuant to the First and Fourteenth Amendments to the United States Constitution. The court makes the following findings of fact and...
ORDER LAURIE SMITH CAMP, District Judge. This matter is before the Court upon the parties' stipulation and settlement agreement (Filing No 35). Being duly advised, the Court approves the stipulation and settlement agreement in all respects. IT IS ORDERED: 1. By agreement of the parties and consistent with the terms of their stipulation and settlement agreement, twenty-seven thousand seven hundred forty dollars ($27,740.00) of the Defendant property shall be returned to the Claimants...
MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND MOTION TO STRIKE WARREN K. URBOM, Senior District Judge. On June 29, 2010, Defendants Richard Smith, Jerry DeWitt, Burdette Searcey, Wayne Price, Gerald Lamkin, Kent Harlan, and Mark Meints filed a motion for summary judgment. (ECF No. 61.) On January 23, 2011, briefing on this motion was completed, and the defendants filed a motion to strike certain exhibits that the plaintiff, Joseph E. White, submitted in opposition to the...
MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. I. Introduction In 1989, the plaintiffs in these four 1983 actions, James Dean, Kathleen Gonzalez, Thomas Winslow, and Joann Taylor, pleaded guilty or no contest to committing, or else aiding and abetting the commission of, second-degree murder in connection with the 1985 death of Helen Wilson in Beatrice, Nebraska. A fifth criminal co-defendant, Deb Shelden, also entered a plea of guilty to aiding and abetting second-degree murder,...
MEMORANDUM OPINION JOSEPH F. BATAILLON, Chief Judge. This matter is before the court for sentencing. This memorandum opinion supplements findings made on the record at a sentencing hearing on June 17, 2011. 1. Facts The defendant was charged with being a felon in possession of a firearm in violation of 18 U.S.C. 922(g) and subject to sentencing under 18 U.S.C. 924(a)(2). Filing No. 1, Indictment. On February 11, 2011, the government filed an Information of Prior Convictions, pursuant...
MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on the motions for summary judgment filed by defendants James L. Wagner (hereinafter, "Sheriff Wagner"), Rodney Herron ("Deputy Sheriff Herron"), and County of Dakota, Nebraska (sometimes, collectively, "the county defendants"), Filing No. 49, and by Deputy Sheriff Herron and Sheriff Wagner on claims asserted against them in their individual capacities, Filing No. 52 and Filing No. 55. This is an action for...
MEMORANDUM AND ORDER CHERYL R. ZWART, United States Magistrate Judge. This matter is before the court on the plaintiffs' motion to compel the defendants to comply with discovery requests (filing no. 374). For the reasons set forth below the motion is granted in part and denied in part. BACKGROUND These consolidated cases involve the plaintiffs' challenge to the constitutionality of amendments to Nebraska's Sex Offender Registration Act ("SORA"). The plaintiffs are challenging parts of...
MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. This matter is before the Court on the Defendants' Motions for Summary Judgment (Filing Nos. 50, 79). Also before the Court is the Defendant County of Lincoln's Motion to Strike (Filing No. 82), the Plaintiff's Motions to Strike (Filing Nos. 72, 95), and the Plaintiff's Motion for Enlargement of Time (Filing No. 145). For the reasons discussed below, the Motion for Summary Judgment filed by Defendant County of Lincoln will be granted in...
MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. John L. Lotter ("Lotter" or "Petitioner") seeks a writ of habeas corpus. His petition will be denied, and this matter will be dismissed with prejudice. II. BACKGROUND Lotter was convicted on three counts of first degree murder, three counts of use of a weapon to commit a felony, and one count of burglary. He was sentenced to death for each murder conviction and to not less than 80 months nor more than 20 years of imprisonment for each...
MEMORANDUM AND ORDER ON PENDING MOTIONS WARREN K. URBOM, Senior District Judge. This matter 1 is before the court on Defendants' Motion to Terminate Consent Decree and Dismiss Case. (Filing No. 31.) Also pending are Plaintiff Richard Rayes' ("Plaintiff") Motion for Temporary Restraining Order (filing no. 26) and Motion for Discovery (filing no. 27). As set forth below, these pending Motions are denied. BACKGROUND Richard Rayes, along with one other individual, filed his Complaint in this...
MEMORANDUM AND ORDER F.A. GOSSETT, III, United States Magistrate Judge. This matter is before the magistrate judge by consent of the parties, see 28 U.S.C. 636(c), on the parties' cross-motions for summary judgment (Docs. 130, 133 and 135), discovery motions (Docs. 112 and 156) and plaintiffs' Motion in Limine (Doc. 115). The court has considered the parties' legal arguments, together with over 6,000 pages of their evidentiary submissions. For the reasons discussed below, the court...
MEMORANDUM OPINION LYLE E. STROM, Senior District Judge. This matter is before the Court for judicial review of a final decision of the defendant Commissioner of the Social Security Administration ("Commissioner") pursuant to 42 U.S.C. 405(g) of the Social Security Act (the "Act"). The Commissioner denied Patrick R. Allen's ("Allen") application for a period of disability and disability insurance benefits, finding Allen was not under a disability at any time from the alleged onset date,...
MEMORANDUM AND ORDER LYLE E. STROM, Senior District Judge. I. INTRODUCTION This matter is before the Court on the parties cross-motions for summary judgment (Filing Nos. 35 and 38). Plaintiffs Janell and Russ Loberg ("Lobergs") brought this action after defendants CIGNA Group Insurance and Life Insurance Company of North America (collectively, "LINA") denied a claim for accidental death benefits for the death of the Lobergs' son, Wade Loberg ("Wade"). The case arises under the Employee...
MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. The plaintiff, Dung Tran ("Tran"), is a beneficiary under a group life and accidental death and dismemberment insurance policy that the defendant, United of Omaha Life Insurance Company ("United of Omaha"), issued to Lester Electrical of Nebraska, Inc. ("Lester Electrical"). Tran's nephew, Huy Nguyen ("Nguyen"), was insured under the policy as an employee of Lester Electrical, and he named Tran as his sole beneficiary. Nguyen was killed...
MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on the defendant's motion for summary judgment, Filing No. 19. 1 This is an action for discrimination in employment. The plaintiff alleges that she was terminated from her position as a special education paraeducator by Papillion-La Vista School District ("the School District") in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101 et seq.; the Age Discrimination in Employment Act...
