MEMORANDUM AND ORDER LAURIE SMITH CAMP, Chief Judge. This matter is before the Court on the Motion for Summary Judgment (Filing No. 51) submitted by the Defendant The Nebraska Medical Center (the "Hospital"). For the reasons discussed below, the Motion will be granted. FACTS The parties' briefs (Filing Nos. 52, 60 and 66) and indexes of evidence (Filing Nos. 53 and 61) reveal that there is no genuine dispute as to the following facts. Plaintiff Brian A. Anderson is a black male resident of...
MEMORANDUM AND ORDER LAURIE SMITH CAMP, Chief Judge. This matter is before the Court on the Defendant's Motion to Dismiss (Filing No. 13.) For the reasons discussed below, the Motion will be granted in part. FACTUAL AND PROCEDURAL HISTORY Colombo Candy & Tobacco Wholesale Co. ("Colombo") brought this action against Ameristar Casino Council Bluffs, Inc. ("Ameristar") in the District Court of Douglas County, Nebraska, alleging that Colombo's former employee "Jane Doe" gambled away over four...
JOINT CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER THOMAS D. THALKEN, Magistrate Judge. Plaintiff Debra K. James ("Plaintiff"), and Defendant Midlands Choice, Inc. ("Defendant"), by and through their respective counsel, enter into this Joint Confidentiality Agreement and Stipulated Protective Order ("Confidentiality Agreement") and thereby agree to the following terms and conditions: I. Definitions 1. Confidential Information. As used in this Confidentiality...
MEMORANDUM AND ORDER JOSEPH F. BATAILLON, District Judge. This matter is before the court on the plaintiffs' motion for judgment as a matter of law, Filing No. 381; plaintiffs' renewed motion for judgment as a matter of law, and, in the alternative, for a new trial, Filing No. 419; and defendant's motion for judgment as a matter of law and motion to decertify, Filing No. 417. 1 For the reasons stated below, the court finds that the motions for judgment as a matter of law and for new trial...
MEMORANDUM OPINION LYLE E. STROM, Senior District Judge. This matter is before the Court on the motion of defendant, Netsmart Technologies, Inc. ("Netsmart"), to dismiss, filed pursuant to Fed.R.Civ.P. 12(b)(3) and 12(b)(6) (Filing No. 11, with accompanying brief, Filing No. 12). Plaintiff, Heartland Family Services ("Heartland"), filed a brief in opposition to the motion (Filing No. 13, with accompanying index of evidence, Filing No. 14), to which defendant replied (Filing No. 15). Heartland...
MEMORANDUM AND ORDER JOSEPH F. BATAILLON, District Judge. This matter is before the court on motions to dismiss filed by defendants N-CORPE and Upper Republican Natural Resources District (hereinafter, "the DNR Defendants"), 1 Filing No. 40; defendants Brian Dunnigan and Dave Heineman (hereinafter, "the State Defendants"), 2 Filing No. 42; and defendants Michael Connor, Michael Ryan, Kenneth Salazar, the United States Department of Interior, and the United States of America (hereinafter, "...
ORDER F.A. GOSSETT, Magistrate Judge. Defendant Box Butte General Hospital ("Box Butte") and Defendant Paul M. Willette, M.D. ("Willette") have filed motions requesting that Plaintiffs' demand for a jury trial be stricken. (Filings 16 & 18 .) Defendants maintain that Plaintiffs are not entitled to a jury trial under the Nebraska Political Subdivisions Tort Claims Act, Neb. Rev. Stat. 13-907 , because the State of Nebraska has not abrogated governmental immunity to permit a jury trial...
ORDER F.A. GOSSETT, Magistrate Judge. On July 12, 2013, Chief District Court Judge Laurie Smith Camp granted, in part, Defendant's Motion to Dismiss Amended Complaint with Prejudice or, in the Alternative, Motion to Strike. ( Filing 16. ) In so ruling, Judge Smith Camp allowed Plaintiffs to seek leave to amend their complaint. On July 31, 2013, Plaintiffs filed a Motion for Leave to File Second Amended Complaint. ( Filing 18. ) Defendants have not responded or objected to Plaintiffs' Motion...
TENTATIVE FINDINGS JOHN M. GERRARD, District Judge. The Court has received the presentence investigation report and addendum (PSR) in this case. There are no motions for departure or variance. The defendant has objected to the PSR. See filing 65. IT IS ORDERED: 1. The Court will consult and follow the Federal Sentencing Guidelines to the extent permitted and required by United States v. Booker, 543 U.S. 220 (2005), and subsequent cases. In this regard, the Court gives notice that,...
ORDER LAURIE SMITH CAMP, Chief District Judge. This matter is before the Court on the government's Motion for Dismissal (Filing No. 36), seeking the dismissal of the Petition for Warrant or Summons for Offender Under Supervision (Filing No. 34), without prejudice. IT IS ORDERED that the government's Motion to for Dismissal (Filing No. 36) is granted and the Petition for Warrant or Summons for Offender Under Supervision (Filing No. 34) is dismissed, without prejudice.
MEMORANDUM AND ORDER LAURIE SMITH CAMP, Chief District Judge This matter is before the Court on the Report and Recommendation of U.S. Bankruptcy Court Chief Judge Timothy J. Mahoney (Filing No. 74) recommending that this Court withdraw the reference of this matter to the bankruptcy court. No objections have been filed to the Report and Recommendation under Federal Rule of Bankruptcy Procedure 9033(b). The Court finds that under 28 U.S.C. 157(d) and Federal Rule of Bankruptcy Procedure 9033(...
MEMORANDUM AND ORDER LYLE E. STROM, Senior District Judge. This matter is before the Court on (1) the motion of Cargill to relieve it of any obligation to respond to GOPAC's 30(b)(6) Notice (Filing No. 123 ); (2) the separate motion of Cargill to compel discovery and limit the scope of GOPAC's 30(b)(6) Notice (Filing No. 120 ); and (3) the motion of GOPAC for an extension of the seven hour limit for depositions (Filing No. 129 ). I. Length of 30(b)(6) Depositions First, Cargill argues...
ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion to continue by defendant Rudy Ronquillo-Chavez (Ronquillo-Chavez) (Filing No. 21). Ronquillo-Chavez seeks a continuance of the trial of this matter which is scheduled for September 16, 2013. Ronquillo-Chavez has filed an affidavit wherein Ronquillo-Chavez represents he consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act...
MEMORANDUM AND ORDER RICHARD G. KOPF, Senior District Judge. On August 19, 2013, Henry R. Valdez (Valdez) filed a Motion to Vacate Under 28 U.S.C. 2255. (Filing No. 113. ) Valdez makes one claim. On November 5, 1997, Valdez was sentenced to 175 months in prison for bank robbery followed by 120 months imprisonement for using a short-barreled shotgun in violation of 18 U.S.C. 924(c)(1). The jury found that Valdez was guilty of bank robbery and the firearm charge. I found at sentencing...
ORDER RICHARD G. KOPF, District Judge. A conference call was held with counsel. IT IS ORDERED that: (1) The defendant's motion for travel authorization (filing 35) is granted. (2) The defendant's motion to continue sentencing (filing 34) is granted. The defendant's sentencing is continued until June 4, 2014, at 12:00 noon, in Courtroom No. 2, Robert V. Denney United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant shall be present unless...
ORDER F.A. GOSSETT, Magistrate Judge. This matter is before the Court on Plaintiff's motion for appointment of counsel ( filing 18 ) and Plaintiff's request that his witnesses be protected against retaliation from Defendants, the witnesses' current employers ( filing 17 ). Plaintiff is proceeding pro se in this matter. In Davis v. Scott , 94 F.3d 444 , 447 (8th Cir. 1996 ), the Eighth Circuit Court of Appeals explained that "[i]ndigent civil litigants do not have a constitutional or...
MEMORANDUM AND ORDER CHERYL R. ZWART Magistrate Judge. Defendant has moved to continue defendant's change of plea hearing. (Filing No. 40). As explained in the motion, the defendant needs additional time to review the plea paperwork. The motion to continue is unopposed. Based on the showing set forth in the motion, the court finds the motion should be granted. Accordingly, IT IS ORDERED: 1) Defendant's motion to continue, (filing no. 40), is granted. 2) The defendant's plea hearing will be...
CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER F.A. GOSSETT, District Judge. This matter having come before the Court upon the Joint Motion for Entry of Protective Order ( filing 13 ) and the Court being duly advised of the same, IT IS HEREBY ORDERED as follows: 1. The parties anticipate that the parties and certain third parties may seek and provide information which may contain medical information, customer information, proprietary business and financial information,...
ORDER F.A. GOSSETT, III, Magistrate Judge. Upon notice from Daniel M. Placzek, counsel for the plaintiffs, that a settlement was reached through mediation held on September 5, 2013, IT IS ORDERED: 1. On or before October 10, 2013, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to District Judge Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case; 2. Absent...
ORDER F.A. GOSSETT, III, Magistrate Judge. This matter is before the court on defendant's UNOPPOSED MOTION TO EXTEND THE TIME IN WHICH TO FILE PRETRIAL MOTIONS [13]. For good cause shown, I find that the motion should be granted. The defendant will be given an approximate 14-day extension. Pretrial Motions shall be filed by September 23, 2013. IT IS ORDERED: 1. Defendant's UNOPPOSED MOTION TO EXTEND THE TIME IN WHICH TO FILE PRETRIAL MOTIONS [13] is granted. Pretrial motions shall be filed...
