Nebraska District - Online Case Search

(#146) MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART 139 MOTION FOR ATTORNEY FEES. THE COURT AWARDS MERSINO TAXABLE COSTS IN THE AMOUNT OF $7,822.30; AND THE MOTION IS OTHERWISE DENIED. ORDERED BY CHIEF JUDGE LAURIE SMITH CAMP. (ADB)

(#114) MEMORANDUM AND ORDER - IT IS ORDERED: THE MOTION FOR RECONSIDERATION, ECF NO. 92 , FILED BY DEFENDANT MERSINO DEWATERING, INC., IS DENIED. ORDERED BY CHIEF JUDGE LAURIE SMITH CAMP. (TCL)

(#34) MEMORANDUM AND ORDER THAT THE PETITION FOR WRIT OF HABEAS CORPUS AND AMENDED PETITION (FILING NO. 1; FILING NO. 13 ) ARE DISMISSED WITH PREJUDICE. THE COURT WILL ENTER A SEPARATE JUDGMENT IN ACCORDANCE WITH THIS MEMORANDUM AND ORDER. THE COURT WILL NOT ISSUE A CERTIFICATE OF APPEALABILITY. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY) (LAC)

(#32) MEMORANDUM AND ORDER THAT THE PETITIONER'S MOTION TO APPOINT COUNSEL (FILING NO. 29 ) IS DENIED WITHOUT PREJUDICE TO REASSERTION. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY) (LAC)

(#25) MEMORANDUM AND ORDER - THIS MATTER IS DISMISSED WITHOUT PREJUDICE BECAUSE PLAINTIFF FAILED TO PROSECUTE IT DILIGENTLY AND FAILED TO COMPLY WITH THIS COURT'S ORDERS. THE COURT WILL ENTER JUDGMENT BY A SEPARATE DOCUMENT. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY)(GJG)

(#23) MEMORANDUM AND ORDER - PLAINTIFF'S CLAIMS FOR MONETARY RELIEF AGAINST THE NEBRASKA DEPARTMENT OF CORRECTIONS AND ALL OTHER DEFENDANTS IN THEIR OFFICIAL CAPACITIES ARE DISMISSED AS BARRED BY THE ELEVENTH AMENDMENT. PLAINTIFF'S CLAIMS F OR INJUNCTIVE RELIEF AND DECLARATORY RELIEF ARE DISMISSED AS MOOT. PLAINTIFF'S CLAIMS REGARDING CONDITIONS OF CONFINEMENT, EQUAL PROTECTION, AND ACCESS TO THE COURTS ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM. PLAINTIFF SHA LL FILE A SECOND AMENDED COMPLAINT BY MARCH 30, 2017, THAT STATES A RIGHT TO PRIVACY CLAIM UPON WHICH RELIEF MAY BE GRANTED. FAILURE TO FILE A SECOND AMENDED COMPLAINT WITHIN THE TIME SPECIFIED BY THE COURT WILL RESULT IN THE COURT DISMISSING THIS CASE WITHOUT FURTHER NOTICE TO PLAINTIFF. THE COURT WARNS PLAINTIFF THAT ANY SECOND AMENDED COMPLAINT MUST COMPLY WITH FEDERAL RULE OF CIVIL PROCEDURE 8, WHICH REQUIRES THAT EVERY COMPLAINT CONTAIN "A SHORT AND PLAIN STATEMENT OF THE CLAIM SH OWING THAT THE PLEADER IS ENTITLED TO RELIEF" AND THAT "EACH ALLEGATION... BE SIMPLE, CONCISE, AND DIRECT." ANY SECOND AMENDED COMPLAINT WILL SUPERSEDE, NOT SUPPLEMENT, PLAINTIFF'S COMPLAINT AND AMENDED COMPLAINT. THE CLERK OF THE COURT IS DIRECTED TO SET A PRO SE CASE MANAGEMENT DEADLINE USING THE FOLLOWING TEXT: MARCH 30, 2017, CHECK FOR SECOND AMENDED COMPLAINT. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY)(GJG)

(#19) MEMORANDUM AND ORDER - THIS MATTER IS DISMISSED WITHOUT PREJUDICE BECAUSE PLAINTIFFS FAILED TO PROSECUTE IT DILIGENTLY AND FAILED TO COMPLY WITH THIS COURT'S ORDERS. THE COURT WILL ENTER JUDGMENT BY A SEPARATE DOCUMENT. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY)(GJG)

(#17) MEMORANDUM AND ORDER - PLAINTIFFS WILL HAVE 30 DAYS IN WHICH TO FILE AN AMENDED COMPLAINT IN ACCORDANCE WITH THIS ORDER. FAILURE TO FILE AN AMENDED COMPLAINT WITHIN 30 DAYS WILL RESULT IN THE COURT DISMISSING THIS ACTION WITHOUT FURTHER NOTICE. THE CLERK OF THE COURT IS DIRECTED TO SET THE FOLLOWING PRO SE CASE MANAGEMENT DEADLINE: JUNE 11, 2016: CHECK FOR AMENDED COMPLAINT; DISMISS IF NONE FILED. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY)(GJG)

(#40) ORDER - THE DEFENDANTS' OBJECTIONS (FILING NO. 36 ) TO THE FINDINGS AND RECOMMENDATION ARE OVERRULED. THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION (FILING NO. 35 ) ARE ACCEPTED. STEFAN'S MOTION TO REMAND (FILING NO. 22 ) IS GRANTED. THIS CASE IS REMANDED TO THE COUNTY COURT OF LANCASTER COUNTY, NEBRASKA. ORDERED BY JUDGE ROBERT F. ROSSITER, JR. (GJG)

(#21) ORDER DENYING 15 MOTION TO SET PLACE OF TRIAL. ORDERED BY MAGISTRATE JUDGE F.A. GOSSETT. (JSF)

(#18) MEMORANDUM AND ORDER THAT THE UNDERSIGNED HAS REFERRED TWO OF THE ABOVE-CAPTIONED ACTIONS TO THE UNITED STATES ATTORNEY. THEREFORE, IN THE INTEREST OF JUDICIAL ECONOMY, ALL THE CASES CAPTIONED ABOVE WILL BE STAYED UNTIL FURTHER ORDER OF THE COURT. TH E CLERK OF COURT IS HEREBY DIRECTED TO TERMINATE ALL PENDING MOTIONS IN THESE CASES FOR STATISTICAL PURPOSES. THE MOTIONS ARE TERMINATED WITHOUT PREJUDICE TO REASSERTION AT THE TIME THE STAY IS LIFTED IN THESE ACTIONS. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED/E-MAILED TO PRO SE PARTY) (JLS, )

(#17) MEMORANDUM AND ORDER THAT THE COURT ACKNOWLEDGES THAT IT RECEIVED THE DOCUMENTS ATTACHED TO THIS ORDER BY FAX ON OCTOBER 1, 2016. THESE DOCUMENTS WILL NOT BE TREATED AS PLEADINGS IN THESE ACTIONS, BUT RATHER AS CORRESPONDENCE WITH THE COURT. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (JLS, ) (ADDITIONAL ATTACHMENT(S) ADDED ON 10/3/2016: # 1 DOCUMENTS RECEIVED BY FAX OCTOBER 1, 2016, # 2 DOCUMENTS RECEIVED BY FAX OCTOBER 1, 2016) (JLS, ).

(#44) ORDER GRANTING 43 MOTION TO WITHDRAW AS ATTORNEY. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (ZWART, CHERYL)

(#30) PROTECTIVE ORDER GRANTING 29 STIPULATION FOR PROTECTIVE ORDER. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (CS)

(#41) ORDER - FURTHER PROGRESSION OF THIS CASE IS STAYED PENDING THE OUTCOME OF THE DECISION OF THE MDL PANEL. THE PARTIES SHALL PROMPTLY INFORM THE COURT ONCE THE MDL PANEL HAS REACHED A DECISION ON WHETHER THE "ROUNDUP CASES" WILL BE CONSOLIDATED. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (CS)

(#36) ORDER THAT DEFENDANT'S MOTION FOR SCHEDULING ORDER REGARDING GENERAL CAUSATION (FILING NO. 23 ) AND DEFENDANTS MOTION TO SEVER PLAINTIFFS' CLAIMS (FILING NO. 26 ) AND ARE REFERRED TO MAGISTRATE JUDGE CHERYL R. ZWART FOR DISPOSITION, AS APPROPRIATE. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (LAC)

(#76) ORDER - THAT THE JOINT MOTION TO EXTEND EXPERT DISCLOSURE DEADLINES (FILING NO. 75 IN CASE NO. 8:16CV233; FILING NO. 86 IN CASE NO. 8:16CV351) IS GRANTED. MEMBER CASES: 8:16-CV-00233-LSC-MDN, 8:16-CV-00351-LSC-MDN ORDERED BY MAGISTRATE JUDGE MICHAEL D. NELSON. (KLF)

(#74) ORDER THAT THE SECOND JOINT MOTION TO EXTEND EXPERT DEADLINES (FILING NO. 73 IN CASE NO. 8:16CV233; FILING NO. 81 IN CASE NO. 8:16CV351) IS GRANTED. THE PROVISIONS OF THE COURT'S EARLIER, FINAL PROGRESSION ORDERS REMAIN IN EFFECT, AND I N ADDITION TO THOSE PROVISIONS, THE FOLLOWING SHALL APPLY: DISCLOSURE OF EXPERT WITNESSES. EACH PLAINTIFF, COUNTER-CLAIMANT, AND CROSS-CLAIMANT SHALL IDENTIFY EXPERT WITNESSES BY JANUARY 10, 2018, AND SHALL SERVE EXPERT REPORTS BY MARCH 15, 201 8. EACH DEFENDANT, COUNTER-DEFENDANT, AND CROSS-DEFENDANT SHALL IDENTIFY EXPERT WITNESSES BY JANUARY 10, 2018, AND SHALL SERVE EXPERT REPORTS BY APRIL 16, 2018. IF NECESSARY TO REFUTE THE DISCLOSED OPINIONS OF AN EXPERT WITNESS OF AN OPPONENT, A PLAINTIFF, COUNTER-CLAIMANT, OR CROSS-CLAIMANT MAY DISCLOSE ADDITIONAL EXPERT WITNESSES NOT LATER THAN FEBRUARY 26, 2018, AND SHALL SERVE ADDITIONAL EXPERT REPORTS BY MAY 7, 2018, PROVIDED THAT THE DISCLOSING PARTY THEN PROVIDES ALL OF THE INFORM ATION DESCRIBED IN FED. R. CIV. P. 26(A)(2) AND MAKES THE EXPERT WITNESS AVAILABLE FOR DEPOSITION PRIOR TO THE DATE SET FOR COMPLETION OF DEPOSITIONS. SUPPLEMENTATION OF THESE DISCLOSURES, IF ORIGINALLY MADE PRIOR TO THESE DEADLINES, SHALL BE MADE ON THESE DEADLINES AS TO ANY INFORMATION FOR WHICH SUPPLEMENTATION IS ADDRESSED IN FED. R. CIV. P. 26(E). THE TESTIMONY OF THE EXPERT AT TRIAL SHALL BE LIMITED TO THE INFORMATION DISCLOSED IN ACCORDANCE WITH THIS PARAGRAPH. MEMBER CASES: 8:16-CV-00233-LSC-MDN, 8:16-CV-00351-LSC-MDN ORDERED BY MAGISTRATE JUDGE MICHAEL D. NELSON. (LAC)

(#71) MEMORANDUM AND ORDER THAT PLAINTIFF'S "OBJECTIONS" (FILING NOS. 64 & 65 ) ARE DENIED. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY) (LAC)

(#60) MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (FILING NO. 54 ) IS DENIED. PLAINTIFFS MOTIONS FOR APPOINTMENT OF COUNSEL (FILING NO. 56 ; FILING NO. 58 ) ARE DENIED WITHOUT PREJUDICE TO REASSERTION. PLAINTIFF 9;S MOTION TO EXTEND DEADLINE FOR FILING INTERROGATORIES (FILING NO. 59 ) IS GRANTED, AND PARAGRAPH (1) OF THE ORDER SETTING SCHEDULE FOR PROGRESSIONOF CASE (FILING NO. 53 ) IS AMENDED TO PROVIDE THAT THE PARTIES MAY SERVE INTERROGATORIES ON OR BEFORE SEPTEMBER 15, 2017. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY) (LAC)

(#63) ORDER - THE STIPULATION FILED BY PLAINTIFFS AND DEFENDANT BANK OF AMERICA, N.A. 62 , TREATED AS A MOTION, IS GRANTED, AND ALL CLAIMS ALLEGED BY PLAINTIFFS AGAINST SAID DEFENDANT ARE DISMISSED WITH PREJUDICE, WITH EACH PARTY TO BEAR THEIR OWN COSTS AND ATTORNEY'S FEES. FINAL JUDGMENT SHALL BE ENTERED BY SEPARATE DOCUMENT. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (SLP)

(#49) ORDERTHAT THE STIPULATION FILED BY PLAINTIFFS AND DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC. (FILING NO. 48 ), TREATED AS A MOTION, IS GRANTED, AND ALL CLAIMS ALLEGED BY PLAINTIFFS AGAINST SAID DEFENDANT ARE DISMISSED WITH PREJUDICE, WITH EACH PARTY TO BEAR THEIR OWN COSTS AND ATTORNEY'S FEES. THIS ACTION SHALL PROCEED AGAINST THE REMAINING DEFENDANT, BANK OF AMERICA, N.A.. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (LAC)

(#66) ORDER - THE JOINT STIPULATION OF THE PARTIES (FILING 65 ) IS APPROVED AND ADOPTED. THIS ACTION IS DISMISSED WITH PREJUDICEIN ITS ENTIRETY. ORDERED BY SENIOR JUDGE LYLE E. STROM. (JAB)

(#56) ORDER - THE MOTION OF JILL ROBB ACKERMAN AND BAIRD HOLM LLP TO WITHDRAW AS COUNSEL FOR DEFENDANTS KELLY FINNELL AND EXECUTIVE FINANCIAL SERVICES, INC., 55 IS GRANTED. THE CLERK OF COURT SHALL REMOVE THE NAMES FROM CM/ECF AS COUNSEL FOR DEFENDANTS KELLY FINNELL AND EXECUTIVE FINANCIAL SERVICES, INC. ORDERED BY SENIOR JUDGE LYLE E. STROM. (GJG)

(#26) ORDER OF DISMISSAL THAT THIS COURT HAVING CONSIDERED THE VOLUNTARY DISMISSAL FILED BY PETITIONER (FILING NO. 25 ): IT IS HEREBY ORDERED THAT PETITIONER'S ABOVE-CAPTIONED SUBPOENA ENFORCEMENT MATTER BE AND HEREBY IS DISMISSED. ORDERED BY SENIOR JUDGE JOSEPH F. BATAILLON. (COPY MAILED TO PRO SE PARTY)(ADB)

(#24) SHOW CAUSE ORDER THAT BY OR BEFORE MAY 8, 2017, PLAINTIFF SHALL SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED. FAILURE TO RESPOND TO THIS SHOW CAUSE ORDER WILL RESULT IN A RECOMMENDATION TO SENIOR UNITED STATES DISTRICT COURT JUDGE JOSEPH F. BATAILLON THAT THIS ACTION BE DISMISSED. THE CLERK OF COURT IS DIRECTED TO MAIL A COPY OF THIS ORDER TO DEFENDANT AT HIS ADDRESS OF RECORD. THE CLERK OF COURT IS FURTHER DIRECTED TO SET A CASE MANAGEMENT DEADLINE IN THIS CASE USING THE FOLLOWING TEXT: "MAY 8, 2017: SHOW CAUSE DEADLINE." ORDERED BY MAGISTRATE JUDGE SUSAN M. BAZIS. (COPIES MAILED AS DIRECTED) (LAC)

(#212) ORDER GRANTING 211 MOTION TO WITHDRAW AS ATTORNEY. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (ZWART, CHERYL)

(#206) ORDER "STIPULATION AND [PROPOSED] ORDER OF PARTIAL DISMISSAL" (FILING 203 ) IS APPROVED. THE PLAINTIFFS' CLAIMS AGAINST SOUTHERN PRIDE AND THUNDER ROLLS ARE DISMISSED WITH PREJUDICE, THOSE PARTIES TO BEAR THEIR OWN FEES AND COSTS. ORDERED BY JUDGE JOHN M. GERRARD. (LAC)

(#52) ORDER THAT A TELEPHONIC CONFERENCE WITH THE UNDERSIGNED MAGISTRATE JUDGE WILL BE HELD ON JANUARY 31, 2017 AT 10:00 A.M. TO DISCUSS THE OUTCOME OF THE PARTIES ATTEMPTS TO SETTLE THIS CASE THROUGH MEDIATION. COUNSEL SHALL USE THE CONFERENCING INSTRUCTI ONS ASSIGNED TO THIS CASE (FILING NO. 16 ) TO PARTICIPATE IN THE CONFERENCE. THE WRITTEN DISCOVERY AND DEPOSITION DEADLINES, AND THE DEADLINE FOR FILING MOTIONS TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT ARE STAYED. IF THIS CASE IS NOT SETTLED, A NEW CASE PROGRESSION SCHEDULE WILL BE ENTERED DURING THE CALL ON JANUARY 31, 2017. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (LAC)

(#50) ORDER THAT A TELEPHONIC CONFERENCE WITH THE UNDERSIGNED MAGISTRATE JUDGE WILL BE HELD ON NOVEMBER 22, 2016 AT 1:00 P.M. TO DISCUSS THE STATUS OF CASE PROGRESSION AND POTENTIAL SETTLEMENT. COUNSEL SHALL USE THE CONFERENCING INSTRUCTIONS ASSIGNED TO THIS CASE, (SEE FILING NO. 16 ), TO PARTICIPATE IN THE CALL. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (LAC)

(#22) ORDER - THAT KEVIN J. BATES' MOTIONS (1) TO EITHER JOIN ACTION OR INTERVENE THEREON WITH/AS PARTY PLAINTIFFS (FILING NO. 18 ), (2) FOR CLASS ACTION CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL (FILING NO. 19 ), AND (3) TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (FILING NO. 20 ) ARE DENIED. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY) (KLF)

(#16) MEMORANDUM AND ORDER - THAT THIS CASE IS DISMISSED WITH PREJUDICE. NO CERTIFICATE OF APPEALABILITY WILL BE ISSUED. A SEPARATE JUDGMENT WILL BE ENTERED. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY) (KLF)

(#56) MEMORANDUM AND ORDER - PLAINTIFF SHALL HAVE 20 DAYS FROM THE DATE OF THIS MEMORANDUM AND ORDER TO APPRISE THE COURT OF HIS CURRENT ADDRESS, IN THE ABSENCE OF WHICH THIS MATTER WILL BE DISMISSED WITHOUT PREJUDICE AND WITHOUT FURTHER NOTICE. THE CLERK OF THE COURT IS DIRECTED TO SET A PRO SE CASE MANAGEMENT DEADLINE IN THIS CASE USING THE FOLLOWING TEXT: SEPTEMBER 4, 2017: DEADLINE FOR INFORMING COURT OF ADDRESS. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY) (KLF)

(#45) AMENDED PROGRESSION ORDER - ALL DEPOSITIONS, WHETHER OR NOT THEY ARE INTENDED TO BE USED AT TRIAL, SHALL BE COMPLETED BY JULY 31, 2017. ALL INTERROGATORIES, REQUESTS FOR ADMISSION AND REQUESTS FOR PRODUCTION OR INSPECTION, WHETHER OR NOT THEY ARE INT ENDED TO BE USED AT TRIAL, SHALL BE SERVED ON OR BEFORE MAY 22, 2017. ALL MOTIONS TO AMEND THE PLEADINGS SHALL BE FILED ON OR BEFORE JULY 3, 2017. THE PARTIES MUST COMPLY WITH THE PROVISIONS OF NECIVR 15.1 WHEN MOVING TO AMEND THE PLEADINGS. MOTIONS TO COMPEL DISCOVERY SHALL BE FILED ON OR BEFORE AUGUST 14, 2017. THE PARTIES MUST COMPLY WITH THE PROVISIONS OF NECIVR 7.1(I) BEFORE FILING A MOTION TO COMPEL. DISPOSITIVE MOTIONS. ALL DISPOSITIVE MOTIONS SHALL BE FILED ON OR BEFORE AUGUST 28, 2017. THE PARTIES MUST COMPLY WITH THE PROVISIONS OF NECIVR 7.1 AND NECIVR 56.1 WHEN FILING SUMMARY JUDGMENT MOTIONS. DEFENSE COUNSEL WILL HAVE THE PRIMARY RESPONSIBILITY FOR DRAFTING THE ORDER ON FINAL PRETRIAL CONFERENCE, PURSUANT TO THE FORMAT AND REQUI REMENTS SET OUT IN NECIVR 16.2(A)(2). THE PLAINTIFF WILL BE RESPONSIBLE FOR COOPERATING IN THE PREPARATION AND SIGNING OF THE FINAL VERSION OF THE ORDER. THE ORDER SHOULD BE SUBMITTED TO THE PLAINTIFF AND TO ANY OTHER PARTIES BY OCTOBER 30, 2017. THE PLAINTIFF SHALL PROVIDE ADDITIONS AND/OR PROPOSED DELETIONS TO DEFENSE COUNSEL BY NOVEMBER 13, 2017. DEFENSE COUNSEL SHALL SUBMIT THE PROPOSED ORDER ON FINAL PRETRIAL CONFERENCE TO THE COURT BY NO LATER THAN NOVEMBER 27, 2017. IF A PARTY PROPOSES AN ADDITION OR DELETION WHICH IS NOT AGREED TO BY ALL THE OTHER PARTIES, THAT FACT SHOULD BE NOTED IN THE TEXT OF THE DOCUMENT. THE PROPOSED ORDER ON FINAL PRETRIAL CONFERENCE MUST BE SIGNED BY ALL PRO SE PARTIES AND BY COUNSEL FOR ALL REPRESENTED PART IES. THE FINAL PRETRIAL CONFERENCE WILL BE HELD BEFORE THE MAGISTRATE JUDGE ON DECEMBER 5, 2017, AT 10 A.M. PRIOR TO THE PRETRIAL CONFERENCE, ALL ITEMS AS DIRECTED IN NECIVR 16.2 AND FULL PREPARATION SHALL HAVE BEEN COMPLETED SO THAT TRIAL MAY BEGIN AT ANY TIME FOLLOWING THE PRETRIAL CONFERENCE. IF A PLAINTIFF IS HELD IN AN INSTITUTION, THE PRETRIAL CONFERENCE WILL BE BY TELEPHONE. IN THAT CASE, DEFENSE COUNSEL SHALL CONTACT THE PLAINTIFF'S INSTITUTION IN ADVANCE AND ARRANGE TO INITIATE AND PLACE THE CONFERENCE CALL. THE TRIAL DATE WILL BE SET BY THE MAGISTRATE JUDGE AT THE TIME OF THE FINAL PRETRIAL CONFERENCE. THE CLERK OF THE COURT IS DIRECTED TO SET A PRO SE CASE MANAGEMENT DEADLINE IN THIS CASE USING THE FOLLOWING TEXT: PRETRIAL CONFERENCE BEFORE MAGISTRATE JUDGE CHERYL ZWART TO BE HELD ON DECEMBER 5, 2017. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (COPY MAILED TO PRO SE PARTY) (KLF)

(#17) MEMORANDUM AND ORDER - THE DEFENDANTS' OBJECTION (FILING 15 ) TO THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS IS OVERRULED. THE UNITED STATES MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION (FILING 14 ) ARE ADOPTED. THE PL AINTIFFS' MOTION TO REMAND (FILING 6 ) IS GRANTED. THE DEFENDANTS' MOTION TO DISMISS (FILING 4 ) IS DENIED WITHOUT PREJUDICE AS MOOT. THIS CASE IS REMANDED TO THE DISTRICT COURT FOR SARPY COUNTY, NEBRASKA. ORDERED BY JUDGE JOHN M. GERRARD. (MKR)

(#82) ORDER OF DISMISSAL WITH PREJUDICE REGARDING 81 STIPULATION FOR DISMISSAL. THE COMPLAINT FILED BY THE PLAINTIFFS BE, AND HEREBY IS, DISMISSED WITH PREJUDICE, EACH PARTY TO PAY ITS OWN COSTS, COMPLETE RECORD WAIVED BY THE COURT. ORDERED BY SENIOR JUDGE JOSEPH F. BATAILLON. (ADB)

(#80) ORDER THAT ON OR BEFORE JANUARY 30, 2017, 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. THE PREVIOUSLY SCHEDULED PRETRIAL CONFERENCE AND TRIAL ARE CANCELLED UPON THE REPRESENTATION THAT THIS CASE IS SETTLED. ORDERED BY SENIOR JUDGE JOSEPH F. BATAILLON. (ADB)

(#19) MEMORANDUM AND ORDER - PLAINTIFF'S MOTION FOR EXTENSION OF TIME [FILING NO. 18 ] IS DENIED. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY)(GJG)

(#16) MEMORANDUM AND ORDER THAT THIS MATTER IS DISMISSED WITHOUT PREJUDICE BECAUSE PLAINTIFF FAILED TO PROSECUTE IT DILIGENTLY AND FAILED TO COMPLY WITH THIS COURT'S ORDERS. THE COURT WILL ENTER JUDGMENT BY A SEPARATE DOCUMENT. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (COPY MAILED TO PRO SE PARTY) (LAC)