STIPULATED PROTECTIVE ORDER CHERYL R. ZWART, District Judge. This matter comes before the Court on Joint Motion for Entry of Protective Order pursuant to Federal Rule of Civil Procedure 26(c). Having reviewed the same, the Court finds that a Stipulated Protective Order should be entered and that the parties' discovery activities should be governed as follows: 1. This Protective Order governs the handling of designated discovery material produced by the parties, as well as documents and...
ORDER F.A. GOSSETT, III, Magistrate Judge. The court has been presented a Financial Affidavit (CJA Form 23) signed by the above-named defendant in support of a request for appointed counsel. After a review of the Financial Affidavit, I find that the above-named defendant is eligible for appointment of counsel pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, and Amended Criminal Justice Act Plan for the District of Nebraska. IT IS ORDERED that Nicole L. Cavanaugh is appointed as...
ORDER RICHARD G. KOPF, Senior District Judge. IT IS ORDERED: 1. Defendants' motion to restrict access to documents (filing 36 ) is granted, and, pursuant to NECivR 5.3(c), access to filing 37 shall be restricted to attorneys of record and court users. 2. Plaintiff's motion to restrict access to documents (filing 39 ) is granted, and, pursuant to NECivR 5.3(c), access to filing 40 shall be restricted to attorneys of record and court users
ORDER RICHARD G. KOPF, District Judge. The court has been presented a Financial Affidavit (CJA Form 23) signed by the abovenamed defendant in support of a request for appointed counsel. After a review of the Financial Affidavit, I find that the above-named defendant is eligible for appointment of counsel pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, and the Amended Criminal Justice Act Plan for the District of Nebraska. IT IS ORDERED: The Federal Public Defender for the District...
ORDER RICHARD G. KOPF, District Judge. The defendant poses a serious risk of flight if released. On the government's motion, the court afforded the defendant an opportunity for a detention hearing under the Bail Reform Act, 18 U.S.C. 3142(f). The court concludes the defendant must be detained pending a preliminary/status hearing. Based on the information of record, the court finds by a preponderance of the evidence that the defendant's release would pose a risk of nonappearance at court...
FINAL JUDGMENT BY CONSENT RICHARD G. KOPF, District Judge. Plaintiff Tama Plastic Industry ("Tama") having filed a Complaint in this action charging Pritchett Twine & Net Wrap, LLC, And Joseph Jerald Pritchett A/K/A Jerald Pritchett (collectively "Defendants") with patent infringement, federal trademark infringement, unfair competition, and common-law unfair competition, and the parties having entered into a Confidential Settlement Agreement dated November 4, 2014, to settle this lawsuit and...
MEMORANDUM AND ORDER LAURIE SMITH CAMP, Chief District Judge. This matter is before the Court on the Motion to Dismiss (Filing No. 59) submitted by Defendants MasterCard Technologies, LLC ("MasterCard Tech") and MasterCard International, Inc.'s ("MasterCard Int'l") (collectively "Defendants"). For the following reasons, the Defendants' Motion will be granted in part. FACTS For purposes of the pending motion, the Plaintiff's well-pled facts are accepted as true, though the Court need not...
ORDER THOMAS D. THALKEN, Magistrate Judge. The court has been presented a Financial Affidavit (CJA Form 23) signed by the above-named defendant in support of a request for appointed counsel. After a review of the Financial Affidavit, I find that the above-named defendant is eligible for appointment of counsel pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, and Amended Criminal Justice Act Plan for the District of Nebraska. IT IS ORDERED: The Federal Public Defender for the District...
DETENTION ORDER THOMAS D. THALKEN, Magistrate Judge. A. Order For Detention After conducting a detention hearing pursuant to 18 U.S.C. 3142(f) of the Bail Reform Act on December 31, 2014, the Court orders the above-named defendant detained pursuant to 18 U.S.C. 3142(e) and (i). B. Statement Of Reasons For The Detention The Court orders the defendant's detention because it finds: X By a preponderance of the evidence that no condition or combination of conditions will...
ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion to continue by defendant Brian C. Williams (Williams) (Filing No. 15). Williams seeks a continuance of the trial of this matter scheduled for January 5, 2015. Williams has filed an affidavit wherein he consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act (Filing No. 16). Upon consideration, the motion will be granted....
ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion to continue by defendant John Sutton, Jr. (Sutton) (Filing No. 22). Sutton seeks a continuance of the trial of this matter which is scheduled for January 5, 2015. Sutton's counsel represents that government's counsel has no objection to the motion. Upon consideration, the motion will be granted. IT IS ORDERED: 1. Sutton's motion to continue trial (Filing No. 22) is granted. 2. Trial of this matter is...
PRELIMINARY ORDER OF FORFEITURE JOSEPH F. BATAILLON, Senior District Judge. This matter is before the court on the plaintiff's motion for a preliminary order of forfeiture, Filing No. 496. 1 The Court's jurisdiction in this matter is founded on 21 U.S.C. 853(a) and 18 U.S.C. 982(A)(1). In support of its motion, the United States has shown that on April 16, 2013, the federal grand jury sitting in this District returned a four-Count Superseding Indictment against defendant John Ways, Jr.,...
MEMORANDUM AND ORDER LAURIE SMITH CAMP, Chief District Judge. The Defendant has filed what appears to be a pro se motion seeking relief under Sentencing Guideline Amendment 782. IT IS ORDERED that: 1. The Defendant's pro se motion (Filing No. 205) will be held in abeyance pursuant to General Order No. 2014-09; and 2. The Clerk shall provide the Defendant with a copy of this order and General Order No. 2014-09. The Clerk shall also give notice of the entry of this order to the United States...
ORDER THOMAS D. THALKEN, Magistrate Judge. The court has been presented a Financial Affidavit (CJA Form 23) signed by the above-named defendant in support of a request for appointed counsel. After a review of the Financial Affidavit, I find that the above-named defendant is eligible for appointment of counsel pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, and Amended Criminal Justice Act Plan for the District of Nebraska. IT IS ORDERED: The Federal Public Defender for the District...
ORDER OF DISMISSAL LAUIRE SMITH CAMP, Chief District Judge. This matter is before the Court on the Parties' Stipulation of Dismissal (Filing No. 33). The stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and the Court concludes that it should be approved. All claims by the United States against Sarpy County, Nebraska, and all claims by Sarpy County, Nebraska, against the United States should be dismissed with prejudice, and the above-captioned case should be...
ORDER F.A. GOSSETT, III, Magistrate Judge. This matter is before the court on the unopposed Motion to Continue Trial [34]. Counsel needs additional time to explore plea negotiations. The defendant has complied with NECrimR 12.1(a). For good cause shown, IT IS ORDERED that the motion to continue trial [34] is granted, as follows: 1. The jury trial now set for January 6, 2015 is continued to March 24, 2015. 2. In accordance with 18 U.S.C. 3161(h)(7)(A), the court finds that the ends of...
ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion to continue by defendant Brenda Warta (Warta) (Filing No. 17). Warta seeks a continuance of the trial of this matter which is scheduled for January 5, 2015. Warta's counsel represents that government's counsel has no objection to the motion. Upon consideration, the motion will be granted. IT IS ORDERED: 1. Warta's motion to continue trial (Filing No. 17) is granted. 2. Trial of this matter is re-...
ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion for an extension of time by defendant Roberto Carlos Ortiz-Cervantes (Ortiz-Cervantes) (Filing No. 26). The defendant seeks an additional twenty-one days in which to file pretrial motions in accordance with the progression order. Ortiz-Cervantes' counsel represents that government's counsel has no objection to the motion. Upon consideration, the motion will be granted. IT IS ORDERED: Defendant Ortiz-...
JOINT CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER CHERYL R. ZWART, Magistrate Judge. The Parties, 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 Agreement, "Confidential Information" shall mean: (a) Defendants' current or former...
ORDER F.A. GOSSETT, III, Magistrate Judge. This matter is before the court on defendant's UNOPPOSED MOTION TO EXTEND PRETRIAL MOTION DEADLINE [40]. For good cause shown, I find that the motion should be granted. The defendant will be given an approximate 12-day extension. Pretrial Motions shall be filed by January 20, 2015. IT IS ORDERED: 1. Defendant's UNOPPOSED MOTION TO EXTEND PRETRIAL MOTION DEADLINE [40] is granted. Pretrial motions shall be filed on or before January 20, 2015. 2. The...
