FINDINGS AND RECOMMENDATION THOMAS D. THALKEN , Magistrate Judge . This matter is before the court on the Motion to Suppress Evidence (Filing No. 23) and Motion to Suppress Statements (Filing No. 25) filed by defendant Kyle Brenner (Brenner). Brenner is charged in the Indictment 1 with the March 8, 2009, receipt and distribution of child pornography (Count I) in violation of 18 2252A(a)(2) and the March 13, 2009, possession of child pornography (Count II) in violation of 18 U.S.C....
FINDINGS AND ORDER CHERYL R. ZWART , Magistrate Judge . Plaintiff and all defendants (other than Defendant Campana in his individual capacity) have filed a motion to sever. (Filing No. 25). The stated purpose of the motion to sever is to afford the moving parties, all of whom consented in writing to final resolution by the undersigned magistrate judge, the opportunity for a full and final determination of this case, both at the trial court level and on appeal. That opportunity is currently...
MEMORANDUM AND ORDER CHERYL R. ZWART , Magistrate Judge . This matter is before the court on Defendants' Motion for Summary Judgment. ( Filing No. 10 ). Defendants Samuelson and Gregg argue they are entitled to summary judgment based on qualified immunity. Defendant Phelps County moves for summary judgment on all claims against it. PROCEDURAL BACKGROUND Plaintiff Ronda Marsh filed suit against Defendants Phelps County, Nebraska, Gene Samuelson ("Samuelson"), Penny Gregg ("Gregg"), and...
ORDER THOMAS D. THALKEN , Magistrate Judge . This matter is before the court on Megan McGuire's (McGuire) Motion to Compel Complaint Documents (Filing No. 57) and Second Motion to Compel Complaint Documents (Filing No. 61). McGuire seeks to compel discovery regarding complaints of sexual misconduct against law enforcement officers; improper use of in-car video systems; improper searches and seizures; and improper physical contact. McGuire filed indexes of evidence attached to the motions....
MEMORANDUM AND ORDER LAURIE SMITH CAMP , Chief District Judge . This matter is before the Court on the Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF 72, and Motion Pursuant to 18 U.S.C. 3582(c)(2), ECF 73, both filed by the Defendant, Martha Beltran-Moreno ("Beltran-Moreno"). Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts requires initial review of a 2255 motion, and...
MEMORANDUM AND ORDER LAURIE SMITH CAMP , Chief District Judge . This matter is before the Court on the Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF 126, filed by the Defendant, Refugio M. Perez. Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts requires initial review of a 2255 motion, and describes the initial review process: The judge who receives the motion must promptly...
FINAL ORDER OF GARNISHMENT FINAL ORDER OF GARNISHMENT JOSEPH F. BATAILLON , Senior District Judge . This matter is before the Court on the plaintiffs' calculations of each plaintiff's pro-rata share of the garnishee liability of St. Paul Fire and Marine Company a/k/a/The Saint Paul Travelers Companies, Inc. ("St. Paul" or "garnishee"), Filing No. 854 in Sampson v. Schenk, No. 8:07cv155 (" Sampson ") and Filing No. 802 in Livers v. Schenk, No. 8:08cv107 (" Livers "). There has been no...
FINDINGS AND RECOMMENDATION THOMAS D. THALKEN , Magistrate Judge . This matter is before the court on the Motion to Suppress Statement (Filing No. 21) filed by defendant Aaron Jensen (Jensen). Jensen, a non-Indian, is charged in the Indictment with the September 1, 2016, assault within the boundaries of the Winnebago Indian Reservation of an Indian female, a person similarly situated to a spouse, after Jensen had been convicted of crimes of domestic abuse in violation of 18 U.S.C. 117...
ORDER CHERYL R. ZWART , Magistrate Judge . As requested in the parties' motion, (Filing No. 16), which is hereby granted, IT IS ORDERED that the final progression order is as follows: 1) The jury trial of this case is set to commence before John M. Gerrard, United States District Judge, in the Special Proceedings Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on October 2, 2017, or as soon thereafter as the case may be called, for a...
ORDER THOMAS D. THALKEN , Magistrate Judge . This matter is before the court on the motion to continue by defendant Kevin Padilla-Olmedo (Padilla-Olmedo) (Filing No. 54). Padilla-Olmedo seeks a continuance of the trial of this matter was scheduled for February 6, 2017. Padilla-Olmedo's counsel represents that government's counsel has no objection to the motion. Upon consideration, the motion will be granted, in part. Trial will be continued as to both defendants to March 6, 2017. Theis...
MEMORANDUM AND ORDER LYLE E. STROM , Senior District Judge . This matter is before the Court on a motion of defendant, Werner Enterprises, Inc., to strike portions of the plaintiffs' fourth amended complaint (Filing No. 152). The matter has been fully briefed. See Filing Nos. 153, 156, and 158. After review of the motion, the parties' briefs, and the applicable law, the Court finds as follows. BACKGROUND A more detailed explanation of this case's background and procedural history can...
ORDER CHERYL R. ZWART , Magistrate Judge . As requested in the parties' motion, (Filing No. 43), which is hereby granted, IT IS ORDERED that the final progression order is amended as follows: 1) Motions to compel Rule 33 through 36 discovery must be filed by February 15, 2017. Note: Motions to compel shall not be filed without first contacting the chambers of the undersigned magistrate judge to set a conference for discussing the parties' dispute. 2) The deadline for identifying...
ORDER THOMAS D. THALKEN , Magistrate Judge . This matter is before the court sua sponte. On October 20, 2016, the court informed the parties by letter of their obligation to meet and confer pursuant to Fed. R. Civ. P. 26(f) and to file a written report of their meeting. See Filing No. 17. The parties' deadline for filing the report was November 10, 2016; however, no planning report was filed. On December 5, 2016, the court entered an order requiring the parties to file the report by...
STIPULATED PROTECTIVE ORDER CHERYL R. ZWART , Magistrate Judge . The Plaintiff, Michael L. Dittemore, and the Defendant, The Transit Authority of the City of Omaha d/b/a Metro Area Transit, hereby stipulate and agree to and request the entry of this Protective Order ("Protective Order") concerning disclosure, use, and protection of confidential or proprietary documents and information, including, but not limited to, commercial and/or financial information that is not available in the...
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE F.A. GOSSETT, III , Magistrate Judge . This case is before the court on the Joint Agreed Motion to Modify Order Setting Final Schedule for Progression of Case (#74). The motion will be granted. IT IS ORDERED that the provisions of the court's earlier, initial progression order remain in effect, and in addition to those provisions, the following shall apply: 1. Motions for Summary Judgment. Motions for summary judgment shall...
SECOND AMENDED CASE PROGRESSION ORDER F.A. GOSSETT, III , Magistrate Judge . This case is before the court on the parties' Joint and Uncontested Motion for Amendment of Case Progression Order (Filing No. 140). The motion will be granted. IT IS ORDERED: The case will progress as follows: 1. Expert Witnesses. a. No later than February 1, 2017, Plaintiff shall designate experts and serve opposing parties with the statement required by Fed. R. Civ. P. 26(a)(2). b. No later than April...
PROTECTIVE ORDER GOVERNING THE PROTECTION AND EXCHANGE OF CONFIDENTIAL MATERIAL CHERYL R. ZWART , Magistrate Judge . IT IS HEREBY ORDERED that the following shall govern the handling of all documents, materials, information, and other products of discovery, including but not limited to deposition testimony, deposition exhibits, interrogatory answers, responses to requests for admission, responses to requests for production and any other discovery authorized by the Federal Rules of Civil...
ORDER JOHN M. GERRARD , District Judge . This matter is before the Court on the presentence report's recommendation for a presentence study of the defendant pursuant to 18 U.S.C. 3552(b) and (c). Neither the government nor the defendant opposes the motion. Being fully advised in the premises, the Court will order that the presentence study be done. In preparation for sentencing, the defendant has submitted a report from his mental health treatment provider opining on his mental...
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 Sean M. Conway is appointed as...
MEMORANDUM AND ORDER LAURIE SMITH CAMP , Chief District Judge . This matter is before the Court on the Motion for Summary Judgment, ECF No. 32 in 8:16cv131, ECF No. 34 in 8:16cv174, filed by pro se Plaintiff Veronica Valentine ("Valentine"). Valentine initiated her action in Case No. 8:16cv131 on March 25, 2016, naming as Defendants Chris Brown, eight unknown Omaha police officers, and the City of Omaha. She initiated her action in Case No. 8:16cv174 on April 19, 2016, naming as...
