Nebraska District Court Records

(#28) JUDGMENT - FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM AND ORDER, THE PLAINTIFFS' COMPLAINT IS DISMISSED. ORDERED BY JUDGE JOHN M. GERRARD. (LKO) (ENTERED: 05/31/2022)

(#27) MEMORANDUM AND ORDER - THE MOTION TO DISMISS FILED BY KLEINE AND DOUGLAS COUNTY (FILING #12 ) IS GRANTED. THE MOTION TO DISMISS FILED BY FRANKLIN AND JOHN DOES #1 AND #2 (FILING #21 ) IS GRANTED. THE PLAINTIFFS' COMPLAINT IS DISMISSED. A SEPARATE JUDGMENT WILL BE ENTERED. ORDERED BY JUDGE JOHN M. GERRARD. (LKO) (ENTERED: 05/31/2022)

(#33) PROTECTIVE ORDER - UPON CONSIDERATION OF THE PARTIES' JOINT REQUEST FOR ENTRY OF A PROTECTIVE ORDER, (FILING NO. #30 IN CASE NO. 8:22CV70; FILING NO. 21 IN CASE NO. 8:22CV71; FILING NO. 20 IN CASE NO. 8:22CV82), THE COURT ENTERS THE FOLLOWING PROTECTIVE ORDER GOVERNING THE DISCLOSURE OF CONFIDENTIAL DISCOVERY MATERIAL BY A PRODUCING PARTY TO A RECEIVING PARTY IN THIS ACTION. MEMBER CASES: 8:22-CV-00070-BCB-MDN, 8:22-CV-00071-BCB-MDN, 8:22-CV-00082-BCB-MDNORDERED BY MAGISTRATE JUDGE MICHAEL D. NELSON. (MKR) (ENTERED: 04/18/2022)

(#32) ORDER FOR CONSOLIDATION- THE PARTIES' STIPULATED MOTIONS TO CONSOLIDATE (FILING NO. #31 IN CASE NO. 8:22CV70; FILING NO. 20 IN CASE NO. 8:22CV71; FILING NO. 21 IN CASE NO. 8:22CV82) ARE GRANTED. THE ABOVE-CAPTIONED CASES ARE CONSOLIDATED FOR ALL PURPOSES. THE COURT DESIGNATES CASE NO. 8:22CV70 AS THE "LEAD CASE" AND CASE NOS. 8:22CV71 AND 8:22CV83 AS THE "MEMBER CASES." THE COURTS CM/ECF SYSTEM HAS THE CAPACITY FOR SPREADING TEXT AMONG THE CONSOLIDATED CASES. IF PROPERLY DOCKETED, THE DOCUMENTS FILED IN THE LEAD CASE WILL AUTOMATICALLY BE FILED IN THE MEMBER CASES. THE PARTIES ARE INSTRUCTED TO FILE DOCUMENTS IN THE LEAD CASE AND TO SELECT THE OPTION "YES" IN RESPONSE TO THE SYSTEM'S QUESTION WHETHER TO SPREAD THE TEXT. THE PARTIES MAY NOT USE THE SPREAD TEXT FEATURE TO FILE COMPLAINTS, AMENDED COMPLAINTS, AND ANSWERS; TO PAY FILING FEES ELECTRONICALLY USING PAY.GOV; OR TO FILE ITEMS RELATED TO SERVICE OF PROCESS. A. AS AGREED BY THE PARTIES IN EACH CASE, THE DEADLINE FOR DEFENDANTS TO FILE ANSWERS TO EACH COMPLAINT IS EXTENDED TO JULY 8, 2022. DEFENDANTS MAY NOT USE THE SPREAD TEXT FEATURE TO FILE THEIR ANSWERS AND MUST SEPARATELY FILE AN ANSWER IN EACH CASE. ORDERED BY MAGISTRATE JUDGE MICHAEL D. NELSON. (MKR) (ENTERED: 04/18/2022)

(#33) REPLY BRIEF IN OPPOSITION TO BRIEF, #31 BY ATTORNEY KRISTOPHER J. COVI ON BEHALF OF DEFENDANT WOODHOUSE AUTO FAMILY, INC..(COVI, KRISTOPHER) (ENTERED: 07/12/2022)

(#32) BRIEF IN OPPOSITION TO MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT WOODHOUSE AUTO FAMILY INC'S MOTION TO DISMISS AMENDED COMPLAINT, CROSS-CLAIM AND COUNTERCLAIM #25 BY ATTORNEY PATRICK M. FLOOD ON BEHALF OF COUNTER CLAIMANTS HUBER CADILLAC, INC., HUBER CHEVROLET, INC., NBC PROPERTIES, LLC, YABA, LLC, CROSS CLAIMANTS HUBER CADILLAC, INC., HUBER CHEVROLET, INC., NBC PROPERTIES, LLC, YABA, LLC, DEFENDANTS HUBER CADILLAC, INC., HUBER CHEVROLET, INC., NBC PROPERTIES, LLC, YABA, LLC.(FLOOD, PATRICK) (ENTERED: 07/05/2022)

(#2) TEXT NOTICE OF JUDGE ASSIGNED: MAGISTRATE JUDGE CHERYL R. ZWART ASSIGNED. IN ACCORDANCE WITH 28 U.S.C. 636(C)(2), THE PARTIES ARE NOTIFIED THAT, IF ALL PARTIES CONSENT, A MAGISTRATE JUDGE MAY CONDUCT A CIVIL ACTION OR PROCEEDING, INCLUDING A JURY OR NONJURY TRIAL, SUBJECT TO THE COURTS RULES AND POLICIES GOVERNING THE ASSIGNMENT OF JUDGES IN CIVIL CASES. SEE FED. R. CIV. P. 73; NEGENR 1.4. (SANCHEZ, JULIANA) (ENTERED: 05/03/2022)

(#1) COMPLAINT WITH JURY DEMAND AGAINST ALL DEFENDANTS ( FILING FEE $ 402, RECEIPT NUMBER ANEDC-4627711), BY ATTORNEY MAREN L. CHALOUPKA ON BEHALF OF VERONICA SANDOVAL(CHALOUPKA, MAREN) (ENTERED: 05/02/2022)

REMARK - PUBLIC: THIS CASE HAS BEEN DISMISSED PURSUANT TO THE FILING OF A NOTICE OF CASE DISMISSAL. (MKR) (ENTERED: 07/19/2021)

(#16) NOTICE OF CASE DISMISSAL PURSUANT TO FED. R. CIV. P. 41(A)(1) BY ATTORNEY ADAM J. ROSEN ON BEHALF OF PLAINTIFFS ASTIR IT SOLUTIONS INC., TRISHNA DEY (ROSEN, ADAM) (ENTERED: 07/19/2021)

(#38) TEXT ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE #37 FOR ATTORNEY MICHELLE M. SCIMECCA. ORDERED BY DEPUTY CLERK. (JLS) (ENTERED: 07/07/2021)

(#37) MOTION FOR ADMISSION PRO HAC VICE FILING FEE $ 100, RECEIPT NUMBER ANEDC-4431470 BY ATTORNEY MICHELLE M. SCIMECCA ON BEHALF OF PLAINTIFF PSV ENTERPRISES, LLC.(SCIMECCA, MICHELLE) (ENTERED: 07/07/2021)

(#16) PROTECTIVE ORDER - UPON CONSIDERATION OF THE PARTIES' JOINT REQUEST FOR ENTRY OF A PROTECTIVE ORDER, (FILING NO. #14 ), THE COURT ENTERS THE FOLLOWING PROTECTIVE ORDER GOVERNING THE DISCLOSURE OF CONFIDENTIAL DISCOVERY MATERIAL BY A PRODUCING PARTY TO A RECEIVING PARTY IN THIS ACTION. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (LKO) (ENTERED: 06/07/2021)

(#15) FINAL PROGRESSION ORDER - THE TRIAL AND PRETRIAL CONFERENCE WILL NOT BE SET AT THIS TIME. A STATUS CONFERENCE TO DISCUSS CASE PROGRESSION, THE PARTIES' INTEREST IN SETTLEMENT, AND THE TRIAL AND PRETRIAL CONFERENCE SETTINGS WILL BE HELD WITH THE UNDERSIGNED MAGISTRATE JUDGE ON FEBRUARY 8, 2022 AT 9:00 A.M. BY TELEPHONE. COUNSEL SHALL USE THE CONFERENCING INSTRUCTIONS ASSIGNED TO THIS CASE TO PARTICIPATE IN THE CONFERENCE. THE DEPOSITION DEADLINE, INCLUDING BUT NOT LIMITED TO DEPOSITIONS FOR ORAL TESTIMONY ONLY UNDER RULE 45, IS APRIL 1, 2022. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (LKO) (ENTERED: 06/07/2021)

(#16) SUPPLEMENT ON BEHALF OF PLAINTIFF KAYLA REED. (LKO) (ENTERED: 06/02/2021)

(#15) STATEMENT FILED ON BEHALF OF PLAINTIFF KAYLA REED.(MKR) (ENTERED: 05/25/2021)

(#19) ORDER GRANTING THE PARTIES' JOINT #18 MOTION TO SET THE BRIEFING SCHEDULE. PLAINTIFF BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES, DIVISION, IBT, SHALL FILE ITS COMBINED RESPONSE TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT (FILING NO. #13 ) AND REPLY IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (FILING NO. #6 ) ON OR BEFORE SEPTEMBER 1, 2021. DEFENDANT UNION PACIFIC SHALL FILE A RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (FILING NO. #6 ) ON OR BEFORE SEPTEMBER 29, 2021. THE REPLY SHALL BE SUBJECT TO THE WORD LIMITS FOR RESPONSE BRIEFS SET FORTH IN NECIVR 7.1(D)(1)(A). IN ALL OTHER RESPECTS, CASE PROGRESSION DEADLINES ARE STAYED PENDING FURTHER ORDER OF THE COURT. IF THE CASE IS NOT FULLY RESOLVED BY SUMMARY JUDGMENT, WITHIN 10 DAYS FOLLOWING A RULING ON PENDING MOTIONS, COUNSEL SHALL CONTACT THE UNDERSIGNED MAGISTRATE JUDGES CHAMBERS TO SCHEDULE A CONFERENCE CALL TO SET CASE PROGRESSION DEADLINES. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (MKR) (ENTERED: 08/04/2021)

(#18) JOINT MOTION JOINT MOTION TO SET BRIEFING SCHEDULE REGARDING MOTION FOR SUMMARY JUDGMENT #6 , MOTION FOR SUMMARY JUDGMENT CROSS-MOTION FOR SUMMARY JUDGMENT #13 BY ATTORNEY ANDREW J. ROLFES ON BEHALF OF DEFENDANT UNION PACIFIC RAILROAD, CO..(ROLFES, ANDREW) (ENTERED: 08/04/2021)

(#24) DEFAULT JUDGMENT GRANTING MOTION FOR DEFAULT JUDGMENT #23 AGAINST DEFENDANT AMERITAS LIFE INSURANCE CORP. AND IN FAVOR OF THE PLAINTIFF IN THE AMOUNT OF $4,241,972.60, TOGETHER WITH INTEREST THEREON AT 0.08 PER CENT PER ANNUM FROM THE DATE OF THIS JUDGMENT, UNTIL PAID; PLUS COSTS IN THE AMOUNT OF $710.85. ORDERED BY DEPUTY CLERK. (COPY MAILED TO PRO SE PARTY)(LKO) (ENTERED: 08/10/2021)

(#23) MOTION FOR DEFAULT JUDGMENT AGAINST AMERITAS LIFE INSURANCE CORP. BY ATTORNEY AUDREY R. SVANE ON BEHALF OF PLAINTIFF WELLS FARGO BANK, N.A.. (ATTACHMENTS: #1 AFFIDAVIT AUDREY SVANE, #2 AFFIDAVIT CHRISTOPHER YOUNG)(SVANE, AUDREY) (ENTERED: 08/10/2021)

(#14) SUMMONS RETURNED EXECUTED UPON ANDREW SAUL, KILOLO KIJAKAZI, MERRICK B. GARLAND, JAN W. SHARP DEFENDANT ALL DEFENDANTS. (MANGIAMELI, ANN) (ENTERED: 07/20/2021)

(#13) ORDER THAT THE DEFENDANT'S MOTION TO SUBSTITUTE PARTY (FILING #12 ) IS GRANTED. KILOLO KIJAKAZI, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, IS HEREBY SUBSTITUTED FOR ANDREW M. SAUL, COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, AS DEFENDANT IN THIS CASE. THE CLERK OF COURT IS DIRECTED TO CONFORM THE DOCKET ACCORDINGLY. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (LAC) (ENTERED: 07/14/2021)

(#15) REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (PARTIAL) #8 BY ATTORNEY MEGHAN M. BOTHE ON BEHALF OF DEFENDANTS DOUGLAS COUNTY, MICHAEL MYERS.(BOTHE, MEGHAN) (ENTERED: 08/10/2021)

(#14) INDEX OF EVIDENCE BY ATTORNEY JOSHUA R. WOOLF ON BEHALF OF DEFENDANT DOUGLAS COUNTY. (ATTACHMENTS: #1 EXHIBIT A - AFFIDAVIT OF JOSHUA WOOLF, #2 EXHIBIT A1 - DCSO CRIMINAL CASE REPORT)(WOOLF, JOSHUA) (ENTERED: 08/10/2021)

(#23) FINAL PROGRESSION ORDER - DEPOSITIONS DUE JULY 29, 2022. STATUS CONFERENCE SET FOR 2/8/2022 AT 03:00 PM BY TELEPHONE BEFORE MAGISTRATE JUDGE SUSAN M. BAZIS.ORDERED BY MAGISTRATE JUDGE SUSAN M. BAZIS. (MKR) (ENTERED: 08/16/2021)

(#22) TEXT ORDER: AT THE REQUEST OF COUNSEL, THE PLANNING CONFERENCE PRESENTLY SCHEDULED FOR 8/18/2021 IS CANCELED. ORDERED BY MAGISTRATE JUDGE SUSAN M. BAZIS. (RMW) (ENTERED: 08/16/2021)

(#12) NOTICE OF SERVICE OF DEFENDANT'S RULE 26(A)(1) INITIAL DISCLOSURES BY ATTORNEY SARAH M. GORSCHE ON BEHALF OF DEFENDANT WOMEN'S CENTER FOR ADVANCEMENT (GORSCHE, SARAH) (ENTERED: 08/06/2021)

(#11) NOTICE OF SERVING RULE 26(A)(1) INITIAL DISCLOSURES BY ATTORNEY ERIN E. SCHROEDER ON BEHALF OF PLAINTIFF AMY RICHARDSON (SCHROEDER, ERIN) (ENTERED: 08/06/2021)

(#18) CORPORATE DISCLOSURE STATEMENT PURSUANT TO FED. R. CIV. P. 7.1 IDENTIFYING CORPORATE PARENT UNION PACIFIC CORPORATION FOR UNION PACIFIC RAILROAD CO.. BY ATTORNEY SCOTT P. MOORE ON BEHALF OF DEFENDANTS UNION PACIFIC RAILROAD CO., UNION PACIFIC CORPORATION.(MOORE, SCOTT) (ENTERED: 07/28/2021)

(#17) TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT BY DEPUTY CLERK AS TO DEFENDANT UNION PACIFIC RAILROAD CO. PURSUANT TO FED. R. CIV. P. 7.1, NON-GOVERNMENTAL CORPORATE PARTIES ARE REQUIRED TO FILE CORPORATE DISCLOSURE STATEMENTS (STATEMENTS). THE PARTIES SHALL USE THE FORM CORPORATE DISCLOSURE STATEMENT, AVAILABLE ON THE WEB SITE OF THE COURT AT HTTP://WWW.NED.USCOURTS.GOV/FORMS/. IF YOU HAVE NOT FILED YOUR STATEMENT, YOU MUST DO SO WITHIN 15 DAYS OF THE DATE OF THIS NOTICE. IF YOU HAVE ALREADY FILED YOUR STATEMENT IN THIS CASE, YOU ARE REMINDED TO FILE A SUPPLEMENTAL STATEMENT WITHIN A REASONABLE TIME OF ANY CHANGE IN THE INFORMATION THAT THE STATEMENT REQUIRES.(CS) (ENTERED: 07/28/2021)

(#57) JUDGMENT - THIS MATTER IS BEFORE THE COURT ON THE PARTIES' JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE (FILING #56 ). PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(1)(A)(II), THIS CASE IS DISMISSED WITH PREJUDICE, EACH PARTY TO BEAR ITS OWN FEES AND COSTS. ORDERED BY JUDGE BRIAN C. BUESCHER. (LKO) (ENTERED: 06/10/2020)

(#56) JOINT MOTION TO DISMISS BY ATTORNEY JAMIE M. HURST ON BEHALF OF PLAINTIFF LAURA A. KRAYNAK.(HURST, JAMIE) (ENTERED: 06/09/2020)

(#53) JUDGMENT - UPON THE PARTIES' JOINT MOTION AND STIPULATION FOR DISMISSAL (FILING #52 ), THIS ACTION IS DISMISSED WITHOUT PREJUDICE, EACH PARTY TO BEAR ITS OWN COSTS, FEES, AND EXPENSES. ORDERED BY SENIOR JUDGE RICHARD G. KOPF. (LAC) (ENTERED: 08/13/2021)

(#52) JOINT STIPULATION FOR DISMISSAL BY ATTORNEY LYNNETT M. WAGNER ON BEHALF OF DEFENDANT UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE.(WAGNER, LYNNETT) (ENTERED: 08/11/2021)

REMARK - PUBLIC: THIS CASE HAS BEEN DISMISSED PURSUANT TO THE FILING OF A NOTICE OF CASE DISMISSAL. (LKO) (ENTERED: 08/06/2021)

(#7) NOTICE OF CASE DISMISSAL BY ATTORNEY MIKA B. KOZAR ON BEHALF OF PLAINTIFF BHARGAVI REDDY KADEMGARI (KOZAR, MIKA) (ENTERED: 08/06/2021)

(#13) CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(A). ORDERED BY MAGISTRATE JUDGE MICHAEL D. NELSON. (LKO) (ENTERED: 08/31/2021)

(#12) SCHEDULING ORDER - RULE 26 MEETING REPORT DEADLINE SET FOR 9/30/2021. ORDERED BY MAGISTRATE JUDGE MICHAEL D. NELSON. (LKO) (ENTERED: 08/31/2021)

(#15) JUDGMENT - ON THE PLAINTIFF'S MOTION TO DISMISS (FILING #14 ), THIS CASE IS DISMISSED WITHOUT PREJUDICE. ORDERED BY JUDGE JOHN M. GERRARD. (LKO) (ENTERED: 08/26/2021)

(#14) MOTION TO DISMISS BY ATTORNEY JOHN P. FARRELL ON BEHALF OF PLAINTIFF TAMERA SHEEHAN. (LKO) (ENTERED: 08/25/2021)

(#13) CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(E). ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (LRM) (ENTERED: 08/30/2021)

(#12) SCHEDULING ORDER RULE 26 MEETING REPORT DEADLINE SET FOR 9/30/2021.ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (LRM) (ENTERED: 08/30/2021)

(#15) BRIEF IN OPPOSITION TO MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #13 BY ATTORNEY VINCENT M. POWERS ON BEHALF OF PLAINTIFF KYLA GORJI.(POWERS, VINCENT) (ENTERED: 09/02/2021)

(#14) BRIEF IN SUPPORT OF MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #13 BY ATTORNEY JENNIFER D. TRICKER ON BEHALF OF DEFENDANTS BARD ACCESS SYSTEMS, INC., BECTON, DICKINSON AND COMPANY, C.R. BARD, INC..(TRICKER, JENNIFER) (ENTERED: 08/16/2021)

(#12) ORDER - PLAINTIFF'S MOTION FOR APPOINTED COUNSEL, (FILING NO. #4 ), IS DENIED. ON OR BEFORE SEPTEMBER 20, 2021, PLAINTIFF SHALL EITHER: (A) OBTAIN THE SERVICES OF COUNSEL AND HAVE THAT ATTORNEY FILE AN APPEARANCE IN THIS CASE; OR (B) FILE A STATEMENT NOTIFYING THE COURT OF HIS INTENT TO LITIGATE THIS CASE WITHOUT THE ASSISTANCE OF COUNSEL. THE FAILURE TO DO SO MAY RESULT IN A DISMISSAL OF PLAINTIFF'S CLAIMS WITHOUT FURTHER NOTICE. ORDERED BY MAGISTRATE JUDGE CHERYL R. ZWART. (COPY MAILED TO PRO SE PARTY)(LKO) (ENTERED: 08/24/2021)

(#11) REASSIGNMENT ORDER - THIS CASE IS RELATED TO CASE NUMBER 8:20CV62. SEE NEGENR 1.4(A)(4)(C)(III). ACCORDINGLY, PURSUANT TO NEGENR 1.4(A)(4)(B), THIS CASE IS REASSIGNED TO SENIOR DISTRICT JUDGE JOSEPH F. BATAILLON FOR DISPOSITION AND IS ASSIGNED TO MAGISTRATE JUDGE CHERYL R. ZWART FOR JUDICIAL SUPERVISION. ORDERED BY CHIEF JUDGE ROBERT F. ROSSITER, JR.. (COPY MAILED TO PRO SE PARTY) (LKO) (ENTERED: 08/17/2021)

(#16) CASE PROGRESSION ORDER - PLANNING CONFERENCE SET FOR 4/15/2022 AT 10:00 AM BY TELEPHONE BEFORE MAGISTRATE JUDGE MICHAEL D. NELSON. COUNSEL SHALL USE THE CONFERENCING INSTRUCTIONS ASSIGNED TO THIS CASE TO PARTICIPATE IN THE CONFERENCE. ORDERED BY MAGISTRATE JUDGE MICHAEL D. NELSON. (LAC) (ENTERED: 08/24/2021)

(#15) REPORT OF RULE 26(F) PLANNING MEETING BY ATTORNEY BENJAMIN P. BARMORE ON BEHALF OF PLAINTIFF JDP HOLDINGS, LLC.(BARMORE, BENJAMIN) (ENTERED: 08/23/2021)