AMENDED COMPLAINT and JURY DEMAND JOHN M. GERRARD , District Judge . COMES NOW Plaintiff Catherine Yang Wang Anderson, individually and on behalf of X.C.W., as the "Next Friend" of X.C.W., a minor child, by and through her counsel of record, and pursuant to Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure, amends her complaint, as a matter of course, and for her causes of action against Defendants, alleges as follows: PARTIES 1. Plaintiff, Catherine Wang Anderson ("Wang Anderson")...
ORDER CHERYL R. ZWART , Magistrate Judge . The court has orally examined the financial status of the defendant in support of Defendant's request for appointed counsel. The court finds the abovenamed defendant is currently 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. Accordingly, IT IS ORDERED: 1) The Federal Public Defender for the District of Nebraska is appointed, and...
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 Adam Sipple is appointed as attorney of...
FINDINGS RECOMMENDATION AND ORDER CHERYL R. ZWART , Magistrate Judge . Pending before the court are Motions to Suppress filed by Defendants Alberto Giovanni Zamora, ( Filing No. 47 ), and Juan Jesus Nava. ( Filing No. 45 ). Zamora and Nava seek to suppress all evidence obtained as a result of the August 25, 2017 traffic stop and search of their vehicle. For the following reasons, Defendants' motions should be denied. BACKGROUND After hearing testimony and reviewing the documentary, audio,...
ORDER CHARGING DISTRICT'S CASE NO. 1:17TP20008 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...
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...
FINDINGS AND RECOMMENDATION CHERYL R. ZWART , Magistrate Judge . This case was removed to federal court by Defendants in April of 2017. A telephonic conference was scheduled for October 20, 2017 to discuss case progression. The notice of hearing and call conferencing information was mailed by the Clerk to Plaintiff. The mailing was not returned. Plaintiff did not participate in the scheduled conference call, ( Filing No. 25 ), and as of that date, Plaintiff had filed nothing during the...
MEMORANDUM AND ORDER RICHARD G. KOPF , Senior District Judge . This matter is before the court on Petitioner's Motion for Reconsideration. (Filing No. 9.) The court dismissed this matter without prejudice on December 11, 2017, because Plaintiff failed to pay the $5.00 filing fee in this matter. (Filing No. 8.) At the time of dismissal, there was no indication appearing on the Docket Sheet that the filing fee had been paid. In Petitioner's Motion for Reconsideration, he states that he paid...
ORDER SUSAN M. BAZIS , Magistrate Judge . This matter is before the Court on the Plaintiffs' Notice of Case Dismissal (Filing No. 18). The dismissal is granted. IT IS ORDERED, ADJUDGED AND DECREED that Plaintiffs' claims are dismissed without prejudice.
ORDER MICHAEL D. NELSON , Magistrate Judge . This matter is before the court on defendant's MOTION TO EXTEND DEADLINE TO FILE PRETRIAL MOTIONS [23]. 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 January 17, 2018. IT IS ORDERED: 1. Defendant's MOTION TO EXTEND DEADLINE TO FILE PRETRIAL MOTIONS [23] is granted. Pretrial motions shall be filed on or before January 17, 2018. 2....
ORDER SUSAN M. BAZIS , Magistrate Judge . The defendant, Cardell Bonner, has moved to continue the trial (filing no. 37). The motion to continue is unopposed by counsel for the Government. Based on the showing set forth in the motion, the court finds the motion should be granted. Accordingly, IT IS ORDERED: 1) Defendant Cardell Bonner's unopposed motion to continue trial (filing no. 37) is granted. 2) The trial of this case is set to commence before the Honorable John M. Gerrard, United...
ORDER MICHAEL D. NELSON , Magistrate Judge . This matter is before the court on the defendant Sakris Labachyan's Unopposed Motion to Continue Jury Trial [104]. Counsel informs the court that he has a previously scheduled jury trial in the Douglas County Court as well as needing additional time to communicate with co-defendant's counsel. IT IS ORDERED that the Motion to Continue Jury Trial [104] is granted, as follows: 1. The jury trial, for both defendants, now set for January 16,...
ORDER CHERYL R. ZWART , Magistrate Judge . IT IS ORDERED that the motion to withdraw filed by L. Steven Grasz, as counsel of record for Defendant KVC Behavioral Healthcare Nebraska, Inc. (Filing No. 131), is granted.
ORDER JOSEPH F. BATAILLON , Senior District Judge . This matter is before the court on the status report of the Special Master dated August 15, 2016. The court is advised that the above captioned cases between Valley Boys, Inc. and State Farm Insurance Company and State Farm Fire and Casualty Company have settled. Intervenor Childress Duffy, Ltd.'s action against Valley Boys, Inc. in Case No. 8:14cv159 will proceed to trial. Accordingly, IT IS ORDERED: 1. Valley Boys, Inc.'s action...
ORDER JOHN M. GERRARD , District Judge . This matter is before the Court on the defendant's objection (filing 36) to the Magistrate Judge's order (filing 33) granting the government's motion to compel (filing 13), as well as the defendant's objection to the Magistrate Judge's order (filing 34) denying the defendant's motion to recuse. A district court may reconsider a magistrate judge's ruling on nondispositive pretrial matters only where it has been shown that the ruling is clearly...
PRELIMINARY ORDER OF FORFEITURE JOHN M. GERRARD , District Judge . This matter is before the Court on the plaintiff's Motion for Preliminary Order of Forfeiture (filing 51). Counts I of the information in this case (filing 41) charged the defendant with conspiracy to possess and distribute cocaine and methamphetamine in violation of 21 U.S.C. 841(a)(1) and 846. Count II of the information charged the defendant with conspiracy to commit money laundering in violation of 18 U.S.C. 1956(h)...
ORDER LAURIE SMITH CAMP , Chief District Judge . This matter is before the court on the joint motion to change venue, ECF No. 10, filed by the parties. The Complaint, ECF No. 1, states that Narvaez is a resident of Lincoln, Nebraska. However, the Motion to Change Venue represents that Narvaez actually resides in New Bedford, Massachusetts. Under 42 U.S.C. 405(g), judicial reviews of final decisions by the Commissioner of Social Security must be filed in the "judicial district in which...
ORDER TO SHOW CAUSE MICHAEL D. NELSON , Magistrate Judge . Federal Rule of Civil Procedure 4(m) provides , "If a defendant is not served within 90 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4(m) . Plaintiff commenced this action on September 20, 2017. ( Filing No. 1 ). Plaintiff was granted...
MEMORANDUM AND ORDER RICHARD G. KOPF , Senior District Judge . This is case is before me for initial review. Petitioner has filed a habeas corpus petition. He challenges a state district judge's order holding him in contempt of court for failure to abide by that court's orders in a divorce matter that involve alleged noncompliance with a child support order and alleged noncompliance with a property settlement order. Petitioner alleges that he has been sentenced to one year and six months...
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...
