ORDER JOSEPH F. BATAILLON, District Judge. COME NOW the parties to the above entitled action, by and through their respective attorneys of record, and hereby stipulate that this matter be dismissed with prejudice, each party to pay their own costs, complete record waived. IT IS HEREBY ORDERED, ADJUDGED AND DECREED pursuant to the Stipulation of the parties hereto that the above captioned matter be dismissed with prejudice, each party to pay their own costs, complete record waived.
AMENDED JUDGMENT IN A CRIMINAL CASE ON MOTION OF THE GOVERNMENT AFTER INITIAL SENTENCING RICHARD G. KOPF, Senior District Judge. Reason for Amendment: Reduction of Sentence for Changed Circumstances (Fed. R. Crim. P. 35(b)) THE DEFENDANT pleaded guilty to counts II and III of the Indictment on 12/15/11. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense: Date Offense Count Title, Section & Nature of Offense Concluded...
STIPULATED PROTECTIVE ORDER LYLE E. STROM, Senior District Judge. The parties to this action have moved that the Court enter a protective order. The Court has determined that the terms set forth herein are appropriate to protect the respective interests of the parties, the public, and the Court. Accordingly, it is ORDERED: 1. Scope. All documents and information produced in the course of discovery, including initial disclosures, all responses to discovery requests, all deposition testimony...
APPROVED STIPULATION AND CONSENT ORDER LAURIE SMITH CAMP, District Judge. The parties, Thrivent Financial for Lutherans and Thrivent Investment Management, Inc. (collectively, "Thrivent"), and Michael C. Hutchinson, stipulate, agree, and jointly move that the Court Order as follows: 1. On November 6, 2012, this Court issued an Order granting Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction in part ("Order"). 2. Pursuant to the Financial Industry Regulatory...
MEMORANDUM AND ORDER LAURIE SMITH CAMP, Chief Judge. This matter is before the Court on the Plaintiff's Motion for Preliminary Injunction. (Filing No. 8.) Plaintiff Two Men and a Truck/International, Inc., has filed a brief and index of evidence in support of its Motion. (Filing Nos. 9, 10.) Defendant Robert Lee Thomas, individually and d/b/a "Two Men and Two Trucks," has not filed an opposition to Plaintiff's Motion, and the time for filing an opposition has expired. For the reasons stated...
MEMORANDUM AND ORDER LAURIE SMITH CAMP, Chief Judge. This matter is before the Court on the Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction (Filing No. 2). Having considered the parties' briefs, evidence, and arguments heard on November 2, 2012, the Court will grant the Plaintiffs' Application, in part. PROCEDURAL HISTORY Thrivent filed its Complaint (Filing No. 1) and Application for Temporary Restraining Order and Preliminary Injunction on October 25,...
STIPULATED PROTECTIVE ORDER CHERYL R. ZWART, District Judge. The parties have stipulated to the entry of this Protective Order in regard to certain discovery material to be made available by the defendant, Zimmer, Inc. ("Zimmer"). This discovery material includes trade secrets and confidential, proprietary and non-public documents and information, the public disclosure of which could be detrimental to the interests of Zimmer and/or related corporate entities; documents which may contain...
PROTECTIVE ORDER TO PRODUCE DOCUMENTS CHERYL R ZWART, Magistrate Judge. NOW ON THIS 22 nd day of October, 2012, this matter came on for consideration pursuant to the agreement of the Defendant and the Nebraska Department of Health and Human Services, for entry of a Protective Order to preserve the confidentiality of certain documents and records of the Nebraska Department of Health and Human Services, requested by the Defendant in this matter. These records include, but are not limited to,...
PROTECTION ORDER CHERLY R. ZWART, District Judge. WHEREAS, the parties agree that parties to this action may consider certain information, documents, and other items discoverable in the above-captioned matter, pursuant to FED. R. CIV. P. 26(c), to be confidential and that such party may seek to protect such items from disclosure, or to designate such items confidential to avoid making such information available to non-disclosed party representatives, party employees, non-parties or the...
MEMORANDUM AND ORDER WARREN K. URBOM, Senior District Judge. Northern Plains Feeders, Inc. (Northern Plains Feeders), DK Cattle, Inc. (DK Cattle), and Dakota-Nebraska Feeders, Inc. (Dakota-Nebraska Feeders) (collectively, "the appellants" or "the claimants") appeal an order of the bankruptcy court sustaining the trustee's objections to their claims and disallowing those claims. See In re: AFY, Inc., No. BK 10-40875, 2012 WL 2050376 (Bankr.D.Neb. June 6, 2012) (Bankruptcy Filing No. 618.)...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM AND ORDER RICHARD G. KOPF, Senior District Judge. Earlier I paraphrased Justice Oliver Wendell Holmes and observed that if the people of Nebraska wanted to go to hell, it was my job to help them get there. 1 By that, I meant that it is not my prerogative to second-guess Nebraska's policy judgments so long as those judgments are within constitutional parameters. Accordingly, I upheld many portions of Nebraska's new sex offender...
MEMORANDUM AND ORDER JOHN M. GERRARD, District Judge. The plaintiff, the Oglala Sioux Tribe, has sued several manufacturers, distributors, and retailers of beer and other alcoholic beverages, for damages arising out of the sale of alcohol in Whiteclay, Nebraska, for consumption on the nearby Pine Ridge Indian Reservation. The defendants have filed motions to dismiss the Tribe's complaint, arguing that it fails to state a claim for relief. But the initial question for the Court is whether the...
ORDER THOMAS D. THALKEN, United States Magistrate Judge. This is an action to determine the parties' rights and responsibilities related to agreements involving the lease, maintenance, and management of aircraft. The court has subject matter jurisdiction pursuant to 28 U.S.C. 1332, as the parties are citizens of different states and the amount in controversy exceeds $75,000. Pursuant to 28 U.S.C. 636 and the consent of the parties, 1 the matter was tried to the undersigned magistrate...
CONSENT DECREE WARREN K. URBOM, District Judge. Introduction Plaintiff Equal Employment Opportunity Commission (hereinafter the "Commission") has instituted this action alleging that GMT, LLC, (hereinafter "Defendant") discriminated against Chanda Long, Brittany Barry, Kayla Romsa, Muriel Bowery, and Kimberly Johnson in violation of Title VII by subjecting them to sexual harassment in the workplace. Defendant denies the allegations of the Commission in this lawsuit. Chanda Long, Brittany...
MEMORANDUM AND ORDER JOHN M. GERRARD, District Judge. These three cases are appeals from orders of the United States Bankruptcy Court. In case no. 4:12-cv-3124, the appellant, Karen J. Anthony, appeals from the bankruptcy court's order granting Cattle National Bank & Trust Company's motion for relief from the automatic bankruptcy stay. In case no. 4:12-cv-3125, Anthony appeals from the bankruptcy court's overruling of her objection to Cattle National's proof of claim. And in case no. 4:12-cv-...
MEMORANDUM AND ORDER JOHN M. GERRARD, District Judge. This matter is before the Court on the motion for summary judgment (filing 24) filed by defendant Pharma Chemie, Inc. (PCI). The Court has considered the parties' briefs (26, 47, and 53) and indexes of evidence (25 and 48). For the reasons discussed below, the Court finds that PCI's motion should be granted and judgment entered accordingly. I. FACTUAL BACKGROUND The following facts are those stated in the parties' briefs that are...
MEMORANDUM AND ORDER RICHARD G. KOPF, Senior District Judge. Leroy Henry Cooper ("Cooper") filed a Motion to Vacate under 28 U.S.C. 2255 on August 6, 2012. (Filing 86.) After initial review, I will dismiss the Motion with prejudice because the files and records plainly show that Cooper is not entitled to relief. I. BACKGROUND Under the Criminal Justice Act, Cooper was represented by Chad Wythers. (Filing 9.) Cooper was charged in a superseding indictment with a methamphetamine conspiracy...
STIPULATED PROTECTIVE ORDER LYLE E. STROM, Senior District Judge. THIS MATTER came before the Court upon the stipulation for entry of this Protective Order as evidenced by the parties' signatures below. The Court, being duly advised of the premises herein, finds that in order to expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, and adequately protect material to be kept confidential, IT IS HEREBY ORDERED as follows: 1. Documents or...
MEMORANDUM AND ORDER RICHARD G. KOPF, Senior District Judge. Jose Manuel Avalos Banderas ("Avalos-Banderas") has filed a Motion to Vacate under 28 U.S.C. 2255 supplemented by a Memorandum and Declaration. (Filings 100 and 101.) Avalos-Banderas asserts that his defense counsel was ineffective. ( Id. ) Pursuant to Rule 5 of the Rules Governing Section 2255 Proceedings, I called for a response from the government. (Filing 103.) The government submitted a 21-page brief along with an Index of...
MEMORANDUM AND ORDER JOSEPH F. BATAILLON, District Judge. This matter is before the court on Plaintiff's Motion for Leave to Appeal In Forma Pauperis. (Filing No. 76. ) On July 5, 2012, the court dismissed Plaintiff's claims with prejudice and entered judgment against Plaintiff. (Filing Nos. 73 and 74. ) On August 3, 2012, Plaintiff filed a Notice of Appeal of the court's Judgment. (Filing No. 75. ) Plaintiff is not a prisoner and has previously been granted leave to proceed IFP in this...
