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...
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...
ORDER F.A. GOSSETT , Magistrate Judge . Defendant Alicia Rodriguez appeared before the court on December 23, 2015 on a Petition for Warrant or Summons for Offender Under Supervision [76]. The defendant was represented by Assistant Federal Public Defender Michael J. Hansen, and the United States was represented by Assistant U.S. Attorney Douglas J. Amen. Through her counsel, the defendant waived her right to a probable cause hearing on the Report pursuant to Fed. R. Crim. P. 32.1(a)(1). The...
STIPULATED SUPPLEMENTAL PROTECTIVE ORDER GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION THOMAS D. THALKEN , Magistrate Judge . STIPULATED SUPPLEMENTAL PROTECTIVE ORDER GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION The parties, DONALD B. MURPHY CONTRACTORS, INC., TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA and TRAVELERS INDEMNITY COMPANY, KIEWITPHELPS, TREVIICOS SOUTH, INC., and LIBERTY MUTUAL INSURANCE COMPANY (collectively, "the Parties"), by and through their respective...
ORDER CHERYL R. ZWART , Magistrate Judge . IT IS ORDERED: 1) Plaintiff's motion to amend, (Filing No. 17), is granted. Plaintiff's amended complaint shall be filed on or before January 8, 2016. 2) Defendants' motion to strike, (Filing No. 19), is granted, and Defendants' motion for extension of time, (Filing No. 18), is stricken. 4) Defendants' motion for extension of time, (Filing No. 20), is granted. Defendants' deadline for answering or otherwise responding to Plaintiff's complaint...
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 that Julie A. Frank is appointed as...
DETENTION ORDER THOMAS D. THALKEN , Magistrate Judge . A. Order For Detention After waiving a detention hearing pursuant to 18 U.S.C. 3142(f) of the Bail Reform Act on December 31, 2015, 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 F.A. GOSSETT, III , Magistrate Judge . This matter is before the court on the unoppsed Motion to Continue Trial [47]. Counsel needs additional time to explore plea negotiations and prepare for trial. The defendant has complied with NECrimR 12.1(a). See filing [20]. For good cause shown, IT IS ORDERED that the Motion to Continue Trial [47] is granted, as follows: 1. The jury trial now set for January 12, 2016 is continued to February 23, 2016. 2. In accordance with 18 U.S.C....
MEMORANDUM AND ORDER LAURIE SMITH CAMP , Chief District Judge . This matter is before the Court on the Motion for Summary Judgment (Filing No. 47) submitted by Defendant Wal-Mart Stores, Inc. ("Wal-Mart"). For the reasons discussed below, the Motion will be granted. FACTS Plaintiff Sally Shutt ("Shutt") agrees that the following facts presented in Wal-Mart's Brief (Filing No. 49) in support of its Motion are true. ( See Plaintiff's Brief in Response to Defendant's Motion for Summary...
ORDER THOMAS D. THALKEN , Magistrate Judge . Upon notice of settlement (Filing No. 211) filed on December 31, 2015, by counsel for the parties, IT IS ORDERED that: 1. On or before February 1, 2016, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to the Honorable Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case. If the case is being dismissed, the...
ORDER CHERYL R. ZWART , Magistrate Judge . Defendant has moved for an order requiring Pretrial Services to investigate options for his release. Defendant has a significant record of assaultive behavior and domestic violence, failed to comply with state probationary supervision, and was allegedly involved in criminal drug activity while on probation. Under such circumstances, the court finds Defendant's release to treatment would pose a risk of harm to the public and a risk of flight....
ORDER CHERYL R. ZWART , Magistrate Judge . IT IS ORDERED that the motion to withdraw filed by Bradley Gianakos, as counsel of record for Interested Party, Nebraska Department of Health and Human Services, Division of Medicaid and Long-Term Care (NDHHS), (filing no. 299), is granted.
STIPULATED PROTECTIVE ORDER F.A. GOSSETT , Magistrate Judge . The parties to this action have moved for entry of a protective order. ( Filing 70. ) 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 information and documents produced in the course of discovery, including initial disclosures, all responses to discovery requests, all deposition...
ORDER THOMAS D. THALKEN , Magistrate Judge . This matter is before the court on the plaintiff's Motion to Proceed In Forma Pauperis (Filing No. 2). Part of the motion form includes an affidavit regarding the plaintiff's financial status. Upon consideration, IT IS ORDERED: The plaintiff's Motion to Proceed In Forma Pauperis (Filing No. 2) is granted; accordingly, the plaintiff shall be allowed to proceed without payment of the filing fee.
MEMORANDUM AND ORDER JOSEPH F. BATAILLON , District Judge . Petitioner filed a Petition for Writ of Habeas Corpus (Filing No. 1 ) and a Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ). Habeas corpus cases attacking the legality of a person's confinement require the payment of a $5.00 filing fee. 28 U.S.C. 1914(a). However, after considering Petitioner's financial status as shown in the records of this court ( see inmate trust account statement at Filing No. 3 ),...
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 30, 2015, 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 . 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 F.A. GOSSETT, III , Magistrate Judge . This matter is before the court on the defendant's motion for a 64-day extension of time in which to file pretrial motions [30]. Upon review of the file, the court finds that a 30-day extension should be granted. IT IS ORDERED that the MOTION TO EXTEND DATE FOR FILING OF PRETRIAL MOTIONS [30] is granted, in part, as follows: 1. The deadline for filing pretrial motions is extended to January 28, 2016. 2. In accordance with 18 U.S.C. 3161(h)(...
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...
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...
