MOTION FOR SUMMARY JUDGMENT JOSEPH F. BATAILLON , Senior District Judge . COMES NOW Defendant Petrol III, LLC and moves this Court to enter a summary judgment against Plaintiff and dismiss her Complaint with prejudice under Fed. R. Civ. P. 56 for on any claim mentioned in her Complaint. Summary judgment is proper because, as shown by the evidence to be submitted with this motion and argued in the brief in support, there is no genuine dispute as to any material fact and Defendant is...
ORDER CHERYL R. ZWART , 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 Chad Wythers is appointed as attorney...
ORDER CHERYL R. ZWART , 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...
ORDER CHERYL R. ZWART , 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 Toni Leija-Wilson is appointed as...
ORDER CHERYL R. ZWART , Magistrate Judge . After an oral 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 of Nebraska is appointed to represent the above named defendant in this matter. In the event that the Federal Public Defender accepts this...
ORDER CHERYL R. ZWART , Magistrate Judge . After an oral 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 of Nebraska is appointed to represent the above named defendant in this matter. In the event that the Federal Public Defender accepts this...
FINDING, RECOMMENDATION, AND ORDER CHERYL R. ZWART , Magistrate Judge . Defendant Joseph L. Melton has moved to suppress all evidence and statements obtained during the inspection of his firearms business, Leadfoot, LLC, on August 24, 2017. (Filing No. 34). Defendant argues that prior to the inspection, the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") agents had reasonable cause to believe Melton was violating the record-keeping requirements of the Gun Control Act of 1968 (...
FINDINGS AND RECOMMENDATION SUSAN M. BAZIS , Magistrate Judge . This matter is before the Court on Plaintiff's Motion to Remand. (Filing No. 11.) The undersigned will recommend that the motion be granted. BACKGROUND Plaintiff operates a business repairing and installing driveways in Omaha, Nebraska. Defendants run a competing business. Plaintiff contends that Defendants paid Google to generate an advertisement that directed consumers to Defendants' website when they searched for "The...
ORDER SUSAN M. BAZIS , 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...
ORDER CHERYL R. ZWART , Magistrate Judge . The court has been presented with a Financial Affidavit in support of defendant's request for appointment of counsel. After 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 of Nebraska is appointed to...
ORDER SUSAN M. BAZIS , 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 Adam J. Sipple is appointed as attorney...
ORDER SUSAN M. BAZIS , 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...
MEMORANDUM AND ORDER JOSEPH F. BATAILLON , Senior District Judge . I. INTRODUCTION Melanie Davis is suing Ak-Sar-Ben Village, L.L.C. under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101. Ms. Davis alleges that Ak-Sar-Ben Village maintained a parking lot that failed to meet ADA standards. Ak-Sar-Ben Village has moved to dismiss this case for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(b)(1). Filing No. 28. II. BACKGROUND Melanie Davis has cerebral palsy....
ORDER SUSAN M. BAZIS , Magistrate Judge . This matter is before the court on the defendant's Unopposed Motion to Continue Trial [31]. Based on the reasons set forth in the motion, the court finds good cause has been shown and the motion should be granted. Accordingly, IT IS ORDERED that the defendant's Unopposed Motion to Continue Trial [31] is granted as follows: 1. The jury trial, now set for January 8, 2019 is continued to March 5, 2019. 2. In accordance with 18 U.S.C. 3161(h)(7)...
ORDER LAURIE SMITH CAMP , Senior District Judge . This matter is before the Court on the Joint Motion to Approve Compromise of Defendant's Bill of Costs, ECF No. 67, jointly filed by Plaintiff Michelle Hargis and Defendant Megan Brennan, Postmaster General. The parties agree that costs should be taxed against Plaintiff Michelle Hargis in the amount of $522.75, without interest. Accordingly, IT IS ORDERED: 1. The Joint Motion to Approve Compromise of Defendant's Bill of Costs, ECF No. 67,...
ORDER CHERYL R. ZWART , Magistrate Judge . Defendant noticed the deposition of Plaintiff's counsel, with deposition currently scheduled for January 7, 2019. ( Filing No. 89, Filing No. 94-1, at CM/ECF p. 55 ). Plaintiff moved to quash that notice, for a protective order, and for a reward of the attorney fees expended in filing the motion. ( Filing No. 92 ). For the reasons stated below, 1 the motion will be denied. STATEMENT OF FACTS Plaintiff's complaint alleges Doe was a full-time...
ORDER JOSEPH F. BATAILLON , Senior District Judge . This matter is before the Court on the mandate of the United States Court of Appeals for the Eighth Circuit ("Eighth Circuit"), Filing No. 75 , and on the parties' Joint Stipulation for Dismissal, Filing No. 74. The Eighth Circuit affirmed this Court's contempt finding against defendant Nebraska Beef and award of fees and costs to the Government. Filing No. 71 , Eighth Circuit opinion; Filing No. 70 , Memorandum and Order. The...
ORDER JOHN M. GERRARD , Chief District Judge . IT IS ORDERED: 1. The Court's Memorandum and Order of December 17, 2018 (filing 532) shall remain in effect through January 9, 2019 as to Vinod Gupta. 2. If the parties cannot finalize a letter of credit by January 9, 2019, the stay against Gupta only will be extended for a reasonable amount of time to do so under the same terms as set forth in filing 532. 3. After January 9, 2019, Infogroup shall provide Gupta's counsel with three business...
ORDER CHERYL R. ZWART , Magistrate Judge . IT IS ORDERED: 1. A settlement conference will be held before the undersigned magistrate judge with counsel and representatives of the parties on March 6, 2019, beginning at 1:00 p.m. in North Platte, Nebraska. The conference will be held at the office of Defendant's Counsel, Waite, McWha & Heng Law Firm, 116 North Dewey St., North Platte, Nebraska, 69101. The parties' representatives and/or counsel shall be prepared to participate and...
MEMORANDUM AND ORDER LAURIE SMITH CAMP , Senior District Judge . This matter is before the Court on the Motion to Dismiss, ECF No. 17, filed by Defendants Pansing, Hogan Law Firm and David Welch; the Motion to Dismiss, ECF No. 19, filed by Defendant Nebraska Heart Institute; the Motion to Dismiss, ECF No. 21, filed by Defendant Alegent Health Immanuel Medical Center; the Motion to Dismiss, ECF No. 23, filed by Defendant Rebecca Rundlett; the Motion to Dismiss, ECF No. 25, filed by...
