| Court: | ned |
| Docket #: | 4:09-cv-03268 |
| Case Name: | Phelps-Roper v. Ricketts et al |
| PACER case #: | 51201 |
| Date filed: | 2009-12-30 |
| Date terminated: | 2016-03-22 |
| Date of last filing: | 2017-08-11 |
| Assigned to: | Chief Judge Laurie Smith Camp |
| Referred to: | Magistrate Judge F.A. Gossett |
| Case Cause: | 28:1331 Fed. Question |
| Nature of Suit: | 950 Constitutional - State Statute |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Shirley L. Phelps-Roper Plaintiff |
Margie J. Phelps |
| Gary Troutman Defendant in his capacity as City Administrator of Bellevue, Nebraska TERMINATED: 04/26/2010 |
Michael F. Polk Patrick J. Sullivan |
| Dave Heineman Defendant In His Capacity as Governor of the State of Nebraska TERMINATED: 01/12/2015 |
David A. Lopez James D. Smith Jessica M. Forch Ryan S. Post Stephanie A. Caldwell |
| Jon Bruning Defendant In His Capacity as Attorney General of the State of Nebraska TERMINATED: 01/12/2015 |
David A. Lopez James D. Smith Jessica M. Forch Ryan S. Post Stephanie A. Caldwell |
| L. Kenneth Polikov Defendant In His Capacity as Sarpy County Attorney TERMINATED: 08/25/2010 |
Michael A. Smith |
| John W. Stacey Defendant In His Capacity as Chief of the Bellevue Police Department TERMINATED: 09/02/2013 |
Michael F. Polk Patrick J. Sullivan |
| City of Bellevue, Nebraska Defendant TERMINATED: 04/26/2010 |
Michael F. Polk Patrick J. Sullivan |
| Gary Mixan Defendant In His Capacity as Mayor of the City of Bellevue TERMINATED: 04/26/2010 |
Michael F. Polk Patrick J. Sullivan |
| Kay Dammast Defendant In Her Capacity as City Clerk of Bellevue, Nebraska TERMINATED: 04/26/2010 |
Michael F. Polk Patrick J. Sullivan |
| Donald Kleine Defendant In His Capacity as Douglas County Attorney TERMINATED: 03/19/2015 |
Diane M. Carlson Sandra K. Connolly |
| Alex Hayes Defendant In His Capacity as Chief of the Omaha Police Department TERMINATED: 02/20/2015 |
Ryan J. Wiesen Thomas O. Mumgaard |
| Steven M. Curry Defendant In His Capacity as Merrick County Attorney TERMINATED: 07/09/2010 |
Steven M. Curry |
| Anthony McPhillips Defendant In His Capacity as Sheriff of Merrick County TERMINATED: 07/09/2010 |
Steven M. Curry |
| Joe Smith Defendant In His Capacity as Madison County Attorney TERMINATED: 04/26/2010 |
Joseph M. Smith |
| William L. Mizner Defendant In His Capacity as Chief of the Norfolk Police Department TERMINATED: 04/26/2010 |
Clinton L. Schukei |
| Nathan Cox Defendant In His Capacity as Cass County Attorney TERMINATED: 01/24/2014 |
Adam J. Sipple Nathan B. Cox |
| William Brueggemann Defendant In His Capacity as Sheriff of Cass County TERMINATED: 09/02/2013 also known asBill TERMINATED: 09/02/2013 |
Adam J. Sipple Nathan B. Cox |
| Todd J. Hutton Defendant Honorable, In His Capacity as Sarpy County Judge TERMINATED: 04/19/2010 |
James D. Smith Stephanie A. Caldwell |
| Nebraska Supreme Court Defendant TERMINATED: 04/19/2010 |
James D. Smith Stephanie A. Caldwell |
| Leonard Houloose Defendant in His Capacity as Chief of the Papillion Police Department TERMINATED: 04/26/2010 |
Joseph S. Risko Michael N. Schirber |
| John/Jane Doe(s) Defendant in Their Official Capacities |
|
| City of Bellevue Defendant Nebraska TERMINATED: 04/26/2010 |
Michael F. Polk Patrick J. Sullivan |
| Pete Ricketts Defendant In his Capacity as Governor of the State of Nebraska |
James D. Smith Ryan S. Post Stephanie A. Caldwell |
| Doug Peterson Defendant In His Capacity as Attorney General of the State of Nebraska |
David A. Lopez James D. Smith Jessica M. Forch Ryan S. Post Stephanie A. Caldwell |
| Todd Schmaderer Defendant |
Ryan J. Wiesen Thomas O. Mumgaard |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-12-30 | 1 | 0 | Complaint | COMPLAINT against William Brueggemann, Jon Bruning, City of Bellevue, Nebraska, Nathan Cox, Steven M. Curry, Kay Dammast, John/Jane Doe(s), Alex Hayes, Dave Heineman, Leonard Houloose, Todd J. Hutton, Donald Kleine, Anthony McPhillips, Gary Mixan, William L. Mizner, Nebraska Supreme Court, L. Kenneth Polikov, Joe Smith, and John W. Stacey. Eighteen Summonses issued, with receipt number 4-3513, in the amount of $ 350; filed by Attorney Margie J. Phelps on behalf of Shirley L. Phelps-Roper. (GJG) (Entered: 12/30/2009) | 2017-08-14 11:46:20 | f9bea80b7049d5547b8f78c2a528e7abf570882a |
| 2009-12-30 | 2 | 0 | Civil Cover Sheet | CIVIL COVER SHEET. (GJG) (Entered: 12/30/2009) | ||
| 2009-12-30 | 3 | 0 | Summons Issued | Summons Issued (COPY) as to defendant William Brueggemann, Jon Bruning, City of Bellevue, Nebraska, Nathan Cox, Steven M. Curry, Kay Dammast, Alex Hayes, Dave Heineman, Leonard Houloose, Todd J. Hutton, Donald Kleine, Anthony McPhillips, Gary Mixan, William L. Mizner, Nebraska Supreme Court, L. Kenneth Polikov, Joe Smith, and John W. Stacey. (GJG) (Entered: 12/30/2009) | ||
| 2009-12-30 | 4 | 0 | Application/Order Pro Hac Vice | APPLICATION/ORDER admitting pro hac vice Attorney Margie J. Phelps for Plaintiff Shirley L. Phelps-Roper. Ordered by Deputy Clerk. (GJG) (Entered: 12/30/2009) | 2009-12-31 11:59:32 | 3d7e5586975b0d7a2626badc91352a2ca5b444e7 |
| 2009-12-30 | 5 | 0 | Motion for Preliminary Injunction | MOTION for Preliminary Injunction filed by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (GJG) (Entered: 12/30/2009) | 2009-12-31 12:30:31 | 22092c81beef22759d606e5816fe0bd0d76553c2 |
| 2009-12-30 | 6 | 0 | Brief | BRIEF in support of MOTION for Preliminary Injunction 5 filed by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (GJG) (Entered: 12/30/2009) | 2009-12-31 12:01:52 | 3303255bd12f276ab62e88c25557156da0687d7b |
| 2009-12-30 | 7 | 0 | Index | INDEX of Evidence in support of MOTION for Preliminary Injunction 5 filed by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (Attachments: # 1 Part 2, # 2 Part 3) ATTACHMENT - 2 CDs - MAINTAINED CLERK'S OFFICE. (GJG) Modified on 1/4/2010 to correct filing date (GJG). (Entered: 12/31/2009) | ||
| 2010-01-07 | 8 | 0 | Answer to Complaint | ANSWER to Complaint, 1 on behalf of Defendants Steven M. Curry, Anthony McPhillips(PCV, ) (Entered: 01/07/2010) | ||
| 2010-01-13 | 9 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer by Attorney James D. Smith on behalf of Defendants Jon Bruning, Dave Heineman, Todd J. Hutton, Nebraska Supreme Court.(Smith, James) (Entered: 01/13/2010) | ||
| 2010-01-13 | 10 | 0 | TEXT ORDER granting 9 Motion for Extension of Time to Answer. Defendants Jon Bruning, Dave Heineman, Todd J. Hutton, and the Nebraska Supreme Court are given an extension of time until 2/18/2010 in which to answer or file a motion under Fed. R. Civ. P. 12 (b) or (e) in response to the Plaintiffs Complaint 1 . Ordered by Magistrate Judge F. A. Gossett. (CLS, ) (Entered: 01/13/2010) | |||
| 2010-01-15 | 11 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer or otherwise plead by Attorney Michael A. Smith on behalf of Defendant L. Kenneth Polikov.(Smith, Michael) (Entered: 01/15/2010) | ||
| 2010-01-15 | 12 | 0 | TEXT ORDER granting 11 Motion for Extension of Time to Answer. L. Kenneth Polikov shall answer or otherwise respond to the Complaint 1 no later than 2/19/2010. Ordered by Magistrate Judge F. A. Gossett. (CLS, ) (Entered: 01/15/2010) | |||
| 2010-01-17 | 13 | 0 | Motion to Extend | MOTION to Extend, MOTION for Extension of Time to File Answer by Attorney Michael F. Polk on behalf of Defendants City of Bellevue, Nebraska, Kay Dammast, Gary Mixan, John W. Stacey.(Polk, Michael) (Entered: 01/17/2010) | ||
| 2010-01-19 | 14 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer by Attorney Diane M. Carlson on behalf of Defendant Donald Kleine.(Carlson, Diane) (Entered: 01/19/2010) | ||
| 2010-01-19 | 15 | 0 | TEXT ORDER granting 13 and 14 Motions for Extension of Time to Answer. Defendants City of Bellevue, Nebraska; John W. Stacy; Kay Dammast; Gary Mixan and Donald Klein shall answer or otherwise respond to the Complaint 1 no later than 2/19/2010. Ordered by Magistrate Judge F. A. Gossett. (CLS, ) Modified on 1/20/2010 to indicate order is a TEXT Order (ADB, ). (Entered: 01/19/2010) | |||
| 2010-01-19 | 16 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer by Attorney Joseph S. Risko on behalf of Defendant Leonard Houloose.(Risko, Joseph) (Entered: 01/19/2010) | ||
| 2010-01-20 | 17 | 0 | Amended Complaint | AMENDED COMPLAINT adding defendant Troutman and new paragraph 60 against Defendant William Brueggemann, Jon Bruning, City of Bellevue, Nebraska, Nathan Cox, Steven M. Curry, Kay Dammast, John/Jane Doe(s), Alex Hayes, Dave Heineman, Leonard Houloose, Todd J. Hutton, Donald Kleine, Anthony McPhillips, Gary Mixan, William L. Mizner, Nebraska Supreme Court, L. Kenneth Polikov, Joe Smith, John W. Stacey, by Attorney Margie J. Phelps on behalf of Shirley L. Phelps-Roper(Phelps, Margie) (Entered: 01/20/2010) | ||
| 2010-01-20 | 18 | 0 | TEXT ORDER granting 16 Motion for Extension of Time to Answer. Leonard Houloose answer due 2/18/2010. Ordered by Deputy Clerk. (JAE) (Entered: 01/20/2010) | |||
| 2010-01-20 | 19 | 0 | Attorney Letter | ATTORNEY LETTER by Clerk that Attorney Joseph S. Risko has not paid the biennial assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE) (Entered: 01/20/2010) | ||
| 2010-01-20 | 20 | 0 | Attorney Letter | ATTORNEY LETTER by Clerk that Attorney Michael N. Schirber has not paid the biennial assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE) (Entered: 01/20/2010) | ||
| 2010-01-20 | 21 | 0 | Attorney Letter | ATTORNEY LETTER by Clerk that Attorney Michael F. Polk has not paid the biennial assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE) (Entered: 01/20/2010) | ||
| 2010-01-21 | 22 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer by Attorney Joseph M. Smith on behalf of Defendant Joe Smith. (JAB) (Entered: 01/21/2010) | ||
| 2010-01-21 | 23 | 0 | TEXT NOTICE OF FAILURE TO FILE ELECTRONICALLY the Motion for Extension of Time to File Answer 22 by Deputy Clerk. Pursuant to NECivR 5.0.1(b), all documents submitted for filing shall be filed using the Electronic Filing System. An attorney who willfully or negligently fails as a registered attorney to electronically file documents may be ordered to show cause why the court should not impose sanctions. This notice is for your information for future filings.(JAB) (Entered: 01/21/2010) | |||
| 2010-01-21 | 24 | 0 | TEXT ORDER granting 22 Motion for Extension of Time to Answer. Joe Smith answer due 2/19/2010. Ordered by Deputy Clerk. (JAB) (Entered: 01/21/2010) | |||
| 2010-01-21 | 25 | 0 | Notice of Appearance | NOTICE of Appearance by Attorney Michael F. Polk on behalf of Defendant Gary Troutman (Polk, Michael) (Entered: 01/21/2010) | ||
| 2010-01-21 | 26 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer by Attorney Michael F. Polk on behalf of Defendant Gary Troutman.(Polk, Michael) (Entered: 01/21/2010) | ||
| 2010-01-22 | 27 | 0 | TEXT ORDER granting 26 Motion for Extension of Time to Answer. Gary Troutman answer due 2/19/2010. Ordered by Deputy Clerk. (JAE) (Entered: 01/22/2010) | |||
| 2010-01-22 | 28 | 0 | Attorney Letter | ATTORNEY LETTER by Clerk that Attorney Patrick J. Sullivan has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE) (Entered: 01/22/2010) | ||
| 2010-01-22 | 29 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer by Attorney Thomas O. Mumgaard on behalf of Defendant Alex Hayes.(Mumgaard, Thomas) (Entered: 01/22/2010) | ||
| 2010-01-21 | 30 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer by Attorney Nathan B. Cox on behalf of Defendant William Brueggemann.(JAE) (Entered: 01/22/2010) | ||
| 2010-01-21 | 31 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer by Attorney Nathan B. Cox on behalf of Defendant Nathan Cox.(JAE) (Entered: 01/22/2010) | ||
| 2010-01-22 | 32 | 0 | TEXT ORDER granting 31 Motion for Extension of Time to Answer. Nathan Cox answer due 2/19/2010. Ordered by Deputy Clerk. (JAE) (Entered: 01/22/2010) | |||
| 2010-01-22 | 33 | 0 | ORDER granting 30 Motion for Extension of Time to Answer. William Brueggemann answer due 2/19/2010. Ordered by Deputy Clerk. (JAE) (Entered: 01/22/2010) | |||
| 2010-01-22 | 34 | 0 | TEXT ORDER granting 29 Motion for Extension of Time to Answer. Alex Hayes answer due 2/19/2010. Ordered by Deputy Clerk. (JAE) (Entered: 01/22/2010) | |||
| 2010-01-22 | 35 | 0 | Summons Returned Executed | SUMMONS Returned Executed upon defendant William Brueggemann on 12/30/2009; Jon Bruning on 12/30/2009; City of Bellevue, Nebraska on 12/30/2009; Nathan Cox on 12/30/2009; Steven M. Curry on 1/4/2010; Kay Dammast on 12/30/2009; John/Jane Doe(s) on 12/30/2009; Alex Hayes on 12/30/2009; Dave Heineman on 12/30/2009; Leonard Houloose on 12/30/2009; Todd J. Hutton on 12/30/2009; Donald Kleine on 12/30/2009; Anthony McPhillips on 1/2/2010; Gary Mixan on 12/30/2009; William L. Mizner on 1/4/2010; Nebraska Supreme Court on 12/30/2009; L. Kenneth Polikov on 12/30/2009; Joe Smith on 1/4/2010; John W. Stacey on 12/30/2009; Gary Troutman on 1/20/2010. (Phelps, Margie) (Entered: 01/22/2010) | ||
| 2010-01-25 | 36 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer by Attorney Clinton L. Schukei on behalf of Defendant William L. Mizner. (JAB) (Entered: 01/26/2010) | ||
| 2010-01-26 | 37 | 0 | Motion for Preliminary Injunction | MOTION for Preliminary Injunction Submission of Proposed Order by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (Attachments: # 1 Text of Proposed Order Granting Preliminary Injunction)(Phelps, Margie) (Entered: 01/26/2010) | ||
| 2010-01-26 | 38 | 0 | TEXT ORDER granting 36 Motion for Extension of Time to Answer. William L. Mizner answer due 2/24/2010. Ordered by Deputy Clerk. (JAB) (Entered: 01/26/2010) | |||
| 2010-01-26 | 39 | 0 | Mail Returned | Mail Returned as Undeliverable addressed to nathanc@cassne.org regarding MOTION for Extension of time to Answer 36 , Order on Motion for Extension of Time to Answer 38 , MOTION for Preliminary Injunction Submission of Proposed Order 37 . Band Connection - Time Out. Filings were regenerated without any problems. (Attachments: # 1 Filing #37, # 2 Filing #38) (JAE) (Entered: 01/27/2010) | ||
| 2010-01-27 | 40 | 0 | TEXT NOTICE REGARDING PROPOSED ORDER 37 by Deputy Clerk. Pursuant to NECivR 7.0.2, a moving party shall submit a proposed order to the judge. Electronically submitted proposed orders may not be combined with the motion into one document. The proposed order should be e-mailed in a word-processing format to the assigned judge. This notice is for your information for future filings. (JSF) (Entered: 01/27/2010) | |||
| 2010-02-02 | 41 | 0 | TEXT ORDER Setting Hearing on MOTION for Preliminary Injunction 5 ; Motion Hearing set for 2/25/2010 at 01:30 PM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. Ordered by Judge Laurie Smith Camp. (ETC) (Entered: 02/02/2010) | |||
| 2010-02-08 | 42 | 0 | Motion for Miscellaneous Relief | MOTION to Dismiss and Abstain or in the Alternative Motions to Stay Proceedings and for a Protective Order by Attorney James D. Smith on behalf of Defendants Jon Bruning, Dave Heineman, Todd J. Hutton, Nebraska Supreme Court.(Smith, James) (Entered: 02/08/2010) | ||
| 2010-02-08 | 43 | 0 | Index | INDEX in support of MOTION to Dismiss and Abstain or in the Alternative Motions to Stay Proceedings and for a Protective Order 42 by Attorney James D. Smith on behalf of Defendants Jon Bruning, Dave Heineman, Todd J. Hutton, Nebraska Supreme Court. (Attachments: # 1 Exhibit Criminal Complaint, # 2 Exhibit Criminal Complaint, # 3 Exhibit Motion to Quash, # 4 Exhibit Motion to Quash, # 5 Exhibit Order: Defendant's Motion to Quash on Constitutional Claime, # 6 Exhibit Order: Defendant's Motion to Quash on Constitutional Claims, # 7 Exhibit Notice of Appeal, # 8 Exhibit Notice of Appeal, # 9 Exhibit Order, # 10 Exhibit Notice of Appeal, # 11 Exhibit Notice of Appeal, # 12 Exhibit Notice Petition for Bypass Sustained, # 13 Exhibit Notice Petition for Bypass Sustained, # 14 Exhibit Notice Appeal Dismissed for Lack of Jurisdiction, # 15 Exhibit Notice Appeal Dismissed for Lack of Jurisdiction, # 16 Exhibit Mandate: Appeal Dismissed, # 17 Exhibit Mandate: Appeal Dismissed, # 18 Exhibit Order: Recusal, # 19 Exhibit Order: Recusal)(Smith, James) (Entered: 02/08/2010) | ||
| 2010-02-08 | 44 | 0 | Brief | BRIEF in support of MOTION to Dismiss and Abstain or in the Alternative Motions to Stay Proceedings and for a Protective Order 42 by Attorney James D. Smith on behalf of Defendants Jon Bruning, Dave Heineman, Todd J. Hutton, Nebraska Supreme Court.(Smith, James) (Entered: 02/08/2010) | ||
| 2010-02-16 | 45 | 0 | Motion to Continue | MOTION to Continue by Attorney James D. Smith on behalf of Defendants Jon Bruning, Dave Heineman, Todd J. Hutton, Nebraska Supreme Court.(Smith, James) (Entered: 02/16/2010) | ||
| 2010-02-18 | 46 | 0 | TEXT ORDER regarding MOTION to Continue 45 filed by Jon Bruning, Todd J. Hutton, Dave Heineman and Nebraska Supreme Court; Plaintiff shall respond to Defendant's Motion to Continue (Filing No. 45 ) on or before Monday, February 22, 2010. Ordered by Judge Laurie Smith Camp. (ETC) (Entered: 02/18/2010) | |||
| 2010-02-18 | 47 | 0 | Motion to Dismiss | MOTION to Dismiss and Abstain or, in the alternative, Stay Proceedings by Attorney Thomas O. Mumgaard on behalf of Defendant Alex Hayes.(Mumgaard, Thomas) (Entered: 02/18/2010) | ||
| 2010-02-18 | 48 | 0 | Brief | BRIEF in support of MOTION to Dismiss and Abstain or, in the alternative, Stay Proceedings 47 by Attorney Thomas O. Mumgaard on behalf of Defendant Alex Hayes.(Mumgaard, Thomas) (Entered: 02/18/2010) | ||
| 2010-02-18 | 49 | 0 | Index | INDEX in support of MOTION to Dismiss and Abstain or, in the alternative, Stay Proceedings 47 by Attorney Thomas O. Mumgaard on behalf of Defendant Alex Hayes.(Mumgaard, Thomas) (Entered: 02/18/2010) | ||
| 2010-02-18 | 50 | 0 | Answer to Amended Complaint | ANSWER to Amended Complaint, 17 by Attorney Joseph S. Risko on behalf of Defendant Leonard Houloose(Risko, Joseph) (Entered: 02/18/2010) | ||
| 2010-02-18 | 51 | 0 | Motion to Dismiss | Final MOTION to Dismiss by Attorney Joseph M. Smith on behalf of Defendant Joe Smith.(Smith, Joseph) (Entered: 02/18/2010) | ||
| 2010-02-19 | 52 | 0 | Motion to Dismiss | MOTION to Dismiss by Attorney Diane M. Carlson on behalf of Defendant Donald Kleine.(Carlson, Diane) (Entered: 02/19/2010) | ||
| 2010-02-19 | 53 | 0 | Index | INDEX in support of MOTION to Dismiss 52 by Attorney Diane M. Carlson on behalf of Defendant Donald Kleine.(Carlson, Diane) (Entered: 02/19/2010) | ||
| 2010-02-19 | 54 | 0 | Brief | BRIEF in support of MOTION to Dismiss 52 by Attorney Diane M. Carlson on behalf of Defendant Donald Kleine.(Carlson, Diane) (Entered: 02/19/2010) | ||
| 2010-02-19 | 55 | 0 | Index | INDEX in support of Defendant, Joseph M. Smith's Motion to Dismiss and Abstain or in the Alternative, Motion to Stay Proceedings and for a Protective Order by Attorney Joseph M. Smith on behalf of Defendant Joe Smith.(Smith, Joseph) (Entered: 02/19/2010) | ||
| 2010-02-19 | 56 | 0 | Motion to Dismiss | MOTION to Dismiss by Attorney Michael A. Smith on behalf of Defendant L. Kenneth Polikov.(Smith, Michael) (Entered: 02/19/2010) | ||
| 2010-02-19 | 57 | 0 | Index | INDEX in support of MOTION to Dismiss 56 by Attorney Michael A. Smith on behalf of Defendant L. Kenneth Polikov. (Attachments: # 1 Exhibit, # 2 Exhibit)(Smith, Michael) (Entered: 02/19/2010) | ||
| 2010-02-19 | 58 | 0 | Brief | BRIEF in support of MOTION to Dismiss 56 by Attorney Michael A. Smith on behalf of Defendant L. Kenneth Polikov.(Smith, Michael) (Entered: 02/19/2010) | ||
| 2010-02-19 | 59 | 0 | Answer to Amended Complaint | ANSWER to Amended Complaint, 17 by Attorney Michael F. Polk on behalf of Defendants City of Bellevue, Nebraska, Kay Dammast, Gary Mixan, John W. Stacey, Gary Troutman(Polk, Michael) (Entered: 02/19/2010) | ||
| 2010-02-19 | 60 | 0 | Index | INDEX in opposition to MOTION for Preliminary Injunction 5 by Attorney Michael F. Polk on behalf of Defendants City of Bellevue, Nebraska, Kay Dammast, Gary Mixan, John W. Stacey, Gary Troutman. (Attachments: # 1 Exhibit Bellevue City Ordinance)(Polk, Michael) (Entered: 02/19/2010) | ||
| 2010-02-19 | 61 | 0 | Brief | BRIEF in opposition to MOTION for Preliminary Injunction 5 by Attorney Michael F. Polk on behalf of Defendants City of Bellevue, Nebraska, Kay Dammast, Gary Mixan, John W. Stacey, Gary Troutman.(Polk, Michael) (Entered: 02/19/2010) | ||
| 2010-02-19 | 62 | 0 | Notice of Appearance | NOTICE of Appearance by Attorney Adam J. Sipple on behalf of Defendants William Brueggemann, Nathan Cox (Sipple, Adam) (Entered: 02/19/2010) | ||
| 2010-02-19 | 63 | 0 | Answer to Amended Complaint | ANSWER to Amended Complaint, 17 , Complaint,, 1 with with jury demand, ANSWER to Amended Complaint, 17 , Complaint,, 1 with with jury demand by Attorney Adam J. Sipple on behalf of Defendants William Brueggemann, Nathan Cox(Sipple, Adam) (Entered: 02/19/2010) | ||
| 2010-02-21 | 64 | 0 | Response | RESPONSE regarding MOTION to Continue 45 Brief in Opposition to Motion to Continue by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 02/21/2010) | ||
| 2010-02-21 | 65 | 0 | Response | RESPONSE regarding MOTION to Dismiss and Abstain or, in the alternative, Stay Proceedings 47 , MOTION to Dismiss 52 , Final MOTION to Dismiss 51 , MOTION to Dismiss 56 , MOTION to Dismiss and Abstain or in the Alternative Motions to Stay Proceedings and for a Protective Order 42 Brief in Opposition to Motions to Dismiss, Abstain, Stay or for Protective Order of defendants Heineman, Bruning, Hutton, Nebraska Supreme Court, Polikov, Kleine, Smith, Hayes by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 02/21/2010) | ||
| 2010-02-22 | 66 | 0 | Index | INDEX in opposition to Motion for Preliminary Injuction by Attorney Joseph M. Smith on behalf of Defendant Joe Smith. (Attachments: # 1 Affidavit)(Smith, Joseph) (Entered: 02/22/2010) | ||
| 2010-02-19 | 67 | 0 | Mail Returned | Mail Returned as Undeliverable addressed to smcurry@cconline.net regarding Answer to Amended Complaint 59 , Answer to Complaint 63 , Brief 61 , Notice of Appearance 62 , Index, 60 , Response 64 , and Response 65 . Error message "Quota Exceeded". E-mail resent to same address without any problems. (Attachments: # 1 Filing 60, # 2 Filing 61, # 3 Filing 62, # 4 Filing 63, # 5 Filing 64, # 6 Filing 65) (JAE) (Entered: 02/22/2010) | ||
| 2010-02-23 | 68 | 0 | Motion to Dismiss Party | MOTION to Dismiss Party by Attorney Steven M. Curry on behalf of Defendant Steven M. Curry.(Curry, Steven) (Entered: 02/23/2010) | ||
| 2010-02-23 | 69 | 0 | Brief | BRIEF in support of MOTION to Dismiss Party 68 by Attorney Steven M. Curry on behalf of Defendant Steven M. Curry.(Curry, Steven) (Entered: 02/23/2010) | ||
| 2010-02-23 | 70 | 0 | Order on Motion to Continue | ORDER granting 45 Motion to Continue submitted by Defendants Dave Heineman, Jon Bruning, Todd J. Hutton, and the Nebraska Supreme Court. The hearing on the Plaintiff's Motion for Preliminary Injunction 5 is continued pending the Court's ruling on the Defendants' Motions to Dismiss and Abstain or in the Alternative Motions to Stay Proceedings and for Protective Order (Filing Nos. 42 , 47 , 51 , 52 , and 56 ). Ordered by Judge Laurie Smith Camp. (JAE) (Entered: 02/23/2010) | ||
| 2010-02-24 | 71 | 0 | Notice (Other) | NOTICE /Withdrawal of Request for Jury Trial by Attorney Adam J. Sipple on behalf of Defendants William Brueggemann, Nathan Cox (Sipple, Adam) (Entered: 02/24/2010) | ||
| 2010-02-24 | 72 | 0 | Motion to Dismiss | MOTION to Dismiss and Abstain or, in the alternative, Motions to Stay Proceedings and for a Protective Order by Attorney Clinton L. Schukei on behalf of Defendant William L. Mizner.(Schukei, Clinton) (Entered: 02/24/2010) | ||
| 2010-02-24 | 73 | 0 | Index | INDEX in support of MOTION to Dismiss and Abstain or, in the alternative, Motions to Stay Proceedings and for a Protective Order 72 by Attorney Clinton L. Schukei on behalf of Defendant William L. Mizner.(Schukei, Clinton) (Entered: 02/24/2010) | ||
| 2010-02-24 | 74 | 0 | Index | INDEX in opposition to MOTION for Preliminary Injunction 5 by Attorney Clinton L. Schukei on behalf of Defendant William L. Mizner.(Schukei, Clinton) (Entered: 02/24/2010) | ||
| 2010-02-26 | 75 | 0 | Motion to Stay | Joint MOTION to Stay regarding MOTION to Dismiss and Abstain or, in the alternative, Motions to Stay Proceedings and for a Protective Order 72 , MOTION to Dismiss and Abstain or, in the alternative, Stay Proceedings 47 , MOTION to Dismiss 52 , Final MOTION to Dismiss 51 , MOTION to Dismiss Party 68 , MOTION to Dismiss 56 , MOTION to Dismiss and Abstain or in the Alternative Motions to Stay Proceedings and for a Protective Order 42 by Attorney Michael F. Polk on behalf of Defendants City of Bellevue, Nebraska, Kay Dammast, Gary Mixan, John W. Stacey, Gary Troutman, Plaintiff Shirley L. Phelps-Roper.(Polk, Michael) (Entered: 02/26/2010) | ||
| 2010-03-01 | 76 | 0 | Order on Motion to Stay | ORDER - The Joint Motion to Stay and Reserve Ruling on Co-Defendants' Motions to Dismiss, Abstain, Stay or Issue a Protective Order 75 submitted by Plaintiff Shirley L. Phelps-Roper and Defendants City of Bellevue, Kay Dammast, Gary Mixan, John W. Stacey, and Gary Troutman is granted; and The Court will reserve ruling on Co-Defendants' motions until on after March 17,2010. Ordered by Judge Laurie Smith Camp. (KBJ) (Entered: 03/01/2010) | ||
| 2010-03-09 | 77 | 0 | Brief | BRIEF in opposition to MOTION to Dismiss Party 68 responding to motion to dismiss and stay by defendants Curry and McPhillips by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/09/2010) | ||
| 2010-03-09 | 78 | 0 | Brief | BRIEF in opposition to MOTION to Dismiss and Abstain or, in the alternative, Motions to Stay Proceedings and for a Protective Order 72 responding to motion to dismiss, abstain, stay or for protective order of defendant Mizner by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/09/2010) | ||
| 2010-03-10 | 79 | 0 | Stipulation | Joint STIPULATION to enter Consent Decree by Attorney Michael F. Polk on behalf of Defendants City of Bellevue, Nebraska, Kay Dammast, Gary Mixan, John W. Stacey, Gary Troutman, Plaintiff Shirley L. Phelps-Roper. (Attachments: # 1 Text of Proposed Order Proposed Consent Decree)(Polk, Michael) (Entered: 03/10/2010) | ||
| 79 | 1 | Text of Proposed Order Proposed Consent Decree | ||||
| 2010-03-11 | 80 | 0 | Motion to Extend | MOTION to Extend Time to Respond to the Joint Stipulation to Enter Consent Decree by Attorney James D. Smith on behalf of Defendants Jon Bruning, Dave Heineman, Todd J. Hutton, Nebraska Supreme Court.(Smith, James) (Entered: 03/11/2010) | ||
| 2010-03-11 | 81 | 0 | TEXT ORDER granting 80 Defendant's Motion for Extension of Time. Defendants must respond to the Joint Stipulation to enter Consent Decree 79 on or before March 22, 2010. Ordered by Judge Laurie Smith Camp. (JAE) (Entered: 03/11/2010) | |||
| 2010-03-12 | 82 | 0 | Motion to Extend | MOTION to Extend Time to Respond to Joint Stipulation to Enter Consent Decree by Attorney Michael A. Smith on behalf of Defendant L. Kenneth Polikov.(Smith, Michael) (Entered: 03/12/2010) | ||
| 2010-03-15 | 83 | 0 | TEXT ORDER granting 82 Motion for Extendsion of Time. Defendants must respond to the Joint Stipulation to enter Consent Decree 79 on or before March 22, 2010. Ordered by Judge Laurie Smith Camp. (JAE) (Entered: 03/15/2010) | |||
| 2010-03-22 | 84 | 0 | Objection | OBJECTION to Stipulation, 79 , Order on Motion to Extend 81 by State Defendants to Proposed Consent Decree by Attorney James D. Smith on behalf of Defendant Dave Heineman.(Smith, James) (Entered: 03/22/2010) | ||
| 2010-03-22 | 85 | 0 | Objection | OBJECTION to Proposed Consent Decree and Judgment by Attorney Michael A. Smith on behalf of Defendant L. Kenneth Polikov.(Smith, Michael) (Entered: 03/22/2010) | ||
| 2010-03-22 | 86 | 0 | Objection | OBJECTION to Consent Decree by Attorney Joseph M. Smith on behalf of Defendant Joe Smith.(Smith, Joseph) (Entered: 03/22/2010) | ||
| 2010-03-22 | 87 | 0 | Objection | OBJECTION to Proposed Consent Decree by Attorney Steven M. Curry on behalf of Defendant Steven M. Curry.(Curry, Steven) (Entered: 03/22/2010) | ||
| 2010-03-23 | 88 | 0 | Objection | OBJECTION to Proposed Consent Decree by Attorney Clinton L. Schukei on behalf of Defendant William L. Mizner.(Schukei, Clinton) (Entered: 03/23/2010) | ||
| 2010-03-29 | 89 | 0 | Brief | BRIEF in opposition to OBJECTION to Proposed Consent Decree 88 , OBJECTION to Proposed Consent Decree 87 , OBJECTION to Consent Decree 86 , OBJECTION to Proposed Consent Decree and Judgment 85 , OBJECTION to Stipulation, 79 , Order on Motion to Extend 81 by State Defendants to Proposed Consent Decree 84 by Attorney Michael F. Polk on behalf of Defendants City of Bellevue, Nebraska, Kay Dammast, Gary Mixan, John W. Stacey, Gary Troutman.(Polk, Michael) (Entered: 03/29/2010) | ||
| 2010-03-29 | 90 | 0 | Index | INDEX in support of Brief, 89 by Attorney Michael F. Polk on behalf of Defendants City of Bellevue, Nebraska, Kay Dammast, Gary Mixan, John W. Stacey, Gary Troutman. (Attachments: # 1 Consent Decree from Hansen et al. v. Polikov et al.)(Polk, Michael) (Entered: 03/29/2010) | ||
| 2010-03-29 | 91 | 0 | Brief | BRIEF in opposition to OBJECTION to Proposed Consent Decree 88 , OBJECTION to Proposed Consent Decree 87 , OBJECTION to Consent Decree 86 , OBJECTION to Proposed Consent Decree and Judgment 85 , OBJECTION to Stipulation, 79 , Order on Motion to Extend 81 by State Defendants to Proposed Consent Decree 84 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/29/2010) | ||
| 2010-04-19 | 92 | 0 | Order on Motion for Miscellaneous Relief | MEMORANDUM AND ORDER the joint stipulation of consent decree 79 is rejected; defendants' objections 84 85 86 87 88 are sustained; Counts VI and VII of the amended complaint are dismissed as moot with prejudice; defendants' motions to dismiss and abstain or to stay proceedings 42 47 51 52 56 72 are granted in part and denied in part as follows: (a) Counts III through V and VIII of the amended complaint are dismissed without prejudice, (b) defendants Timothy Hutton and the Nebraska Supreme Court are dismissed from this action, (c) otherwise the motions are denied; the motion to dismiss 68 is denied and the remaining defendants will respond to Counts I and II of the amended complaint on or before 5/3/2010 as ordered by Judge Laurie Smith Camp. (SED) (Entered: 04/19/2010) | 2010-04-26 13:23:44 | dcffaa2c9ac5a87426ce9780df75d4505677764a |
| 2010-04-19 | 93 | 0 | Memorandum and Order | AMENDED MEMORANDUM AND ORDER regarding: Memorandum and Order 92 the joint stipulation of consent decree 79 is rejected; defendants' objections 84 85 86 87 88 are sustained; Counts VI and VII of the amended complaint are dismissed as moot with prejudice; defendants' motions to dismiss and abstain or to stay proceedings 42 47 51 52 56 72 are granted in part and denied in part as follows: (a) Counts III through V and VIII of the amended complaint are dismissed without prejudice, (b) defendants Todd Hutton and the Nebraska Supreme Court are dismissed from this action, (c) otherwise the motions are denied; the motion to dismiss 68 is denied and the remaining defendants will respond to Counts I and II of the amended complaint on or before 5/3/2010 as ordered by Judge Laurie Smith Camp. (SED) (Entered: 04/19/2010) | 2010-04-26 13:23:35 | ac5a939e207cc5f14f975fc4d6c842e508f1badf |
| 2010-04-20 | 94 | 0 | Answer to Amended Complaint | ANSWER to Amended Complaint, 17 by Steven M. Curry and by Attorney Steven M. Curry on behalf of Defendant Anthony McPhillips(Curry, Steven) (Entered: 04/20/2010) | 2010-04-26 13:24:16 | d767443dcc240a34c4669b3a0ec367f6e0807926 |
| 2010-04-26 | 95 | 0 | Order | ORDER regarding MOTION for Preliminary Injunction 5 filed by Shirley L. Phelps-Roper. Plaintiff's claims against Defendants Smith, Mizner, Houloose, Troutman, Mixan, Dammast and the City of Bellevue are dismissed, without prejudice; Plaintiff's motion for preliminary injunction 5 is denied as moot as to items c. through h. as listed in plaintiff's motion; a hearing on the remaining items in plaintiff's motion for preliminary injuction 5 is scheduled for 5/10/2010 at 3:30 p.m.; the parties are advised that because of the court's time limitations, evidence should be submitted in the form of written affidavits or declarations as ordered by Judge Laurie Smith Camp. (SED) (Entered: 04/26/2010) | ||
| 2010-04-27 | 96 | 0 | Notice of Appeal to USCA | NOTICE OF APPEAL regarding Order on Motion to Continue, 70 , Index, 90 , Brief, 89 , Response 64 , Response,, 65 , Amended Complaint, 17 , Index, 7 , Order on Motion for Miscellaneous Relief, Order on Motion to Dismiss,,,, Order on Motion to Dismiss Party,, Order on Stipulation, Order on Objection,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 92 , Order, Add and Terminate Parties, Set/Reset Motion and R&R Deadlines/Hearings,,,,,, 95 , Brief 6 , MOTION for Preliminary Injunction 5 , Memorandum and Order,,, 93 , MOTION for Preliminary Injunction Submission of Proposed Order 37 , Brief, 91 With Notice of Appeal is Appeal Information Form A (completed) and Form B (blank, for appellees) per 8th Circuit rules by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. Filing fee $ 455, receipt number 0867-1766953. (Attachments: # 1 Supplement Appeal Information Form A, # 2 Supplement Appeal Information Form B)(Phelps, Margie) (Entered: 04/27/2010) | ||
| 2010-04-29 | 97 | 0 | Answer to Amended Complaint | ANSWER to Amended Complaint, 17 ANSWER FOR DEFENDANTS DAVE HEINEMAN AND JON BRUNING by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, Dave Heineman(Caldwell, Stephanie) (Entered: 04/29/2010) | ||
| 2010-05-03 | 98 | 0 | ANSWER to Amended Complaint, 17 by Attorney Michael A. Smith on behalf of Defendant L. Kenneth Polikov(Smith, Michael) (Entered: 05/03/2010) | |||
| 2010-05-03 | 99 | 0 | ANSWER to Amended Complaint, 17 by Attorney Thomas O. Mumgaard on behalf of Defendant Alex Hayes(Mumgaard, Thomas) (Entered: 05/03/2010) | |||
| 2010-05-03 | 100 | 0 | ANSWER to Amended Complaint, 17 by Attorney Diane M. Carlson on behalf of Defendant Donald Kleine(Carlson, Diane) (Entered: 05/03/2010) | |||
| 2010-05-03 | 101 | 0 | Amended ANSWER to Amended Complaint, 17 of Defendants Cox and Brueggemann by Attorney Adam J. Sipple on behalf of Defendants William Brueggemann, Nathan Cox(Sipple, Adam) (Entered: 05/03/2010) | |||
| 2010-05-05 | 102 | 0 | MOTION to Stay and Continue Preliminary Injunction Hearing by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, Dave Heineman.(Caldwell, Stephanie) (Entered: 05/05/2010) | |||
| 2010-05-06 | 103 | 0 | ORDER that the Motion to Continue and Stay Proceedings 102 , submitted by Defendants Dave Heineman and Jon Bruning, is denied without prejudice to the Motion to Stay being revisited at the time of the hearing. Ordered by Judge Laurie Smith Camp. (JB) (Entered: 05/06/2010) | |||
| 2010-05-07 | 104 | 0 | RESPONSE regarding MOTION to Stay and Continue Preliminary Injunction Hearing 102 with Brief of Authorities by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 05/07/2010) | |||
| 2010-05-10 | 105 | 0 | OBJECTION to Motion for Preliminary Injunction 5 , Index, 7 Evidentiary objections by state defendants to plaintiff's evidence for preliminary injunction by Attorney James D. Smith on behalf of Defendant Dave Heineman.(Smith, James) (Entered: 05/10/2010) | |||
| 2010-05-10 | 106 | 0 | AFFIDAVIT of of Anthony McPhillips in response to application for preliminary injunction by Attorney Steven M. Curry on behalf of Defendant Anthony McPhillips.(Curry, Steven) (Entered: 05/10/2010) | |||
| 2010-05-10 | 107 | 0 | NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 96 . Notice of Appeal filed on 4/27/2010 by Plaintiff Shirley L. Phelps-Roper. Forms A and B are attached to the Notice of Appeal 96 . (SED) (Entered: 05/10/2010) | |||
| 2010-05-10 | 108 | 0 | TEXT MINUTE ENTRY for proceedings held before Judge Laurie Smith Camp Motion Hearing held on 5/10/2010 regarding MOTION for Preliminary Injunction 5 ; Hearing held in Omaha. Oral argument held; Brief time set: Plaintiff shall respond by May 13, 2010; The Court will rule on the objections 105 by May 20, 2010; Defendants briefs due: May 30, 2010; Plaintiffs reply to Defendants brief due on June 4, 2010; Written order forthcoming. Courtroom Deputy: Ed Champion; Reporter: Brenda Fauber; Appearance for Plaintiff: Margie J. Phelps: Appearance for Defendants Dave Heineman, et al: James Smith and Stephanie Caldwell; Appearance for Defendant John Stacey, et al Michael F. Polk: Appearance for Defendant Steven Curry and Anthony McPhillips: Steven Curry; Time Start: 3:30 p.m. Time Stop: 4:24 p.m. (ETC) Modified on 5/11/2010 to correct hearing date(ETC). (Entered: 05/11/2010) | |||
| 2010-05-12 | 109 | 0 | SCHEDULING LETTER from USCA - 8th Circuit (10-2046) as to Notice of Appeal to USCA 96 . (Attachments: # 1 Letter) (SED) (Entered: 05/12/2010) | |||
| 2010-05-13 | 110 | 0 | RESPONSE regarding OBJECTION to Motion for Preliminary Injunction 5 , Index, 7 Evidentiary objections by state defendants to plaintiff's evidence for preliminary injunction 105 Plaintiff's Brief in Opposition to Evidentiary Objections by State Defendants to Plaintiff's Evidence for Preliminary Injunction by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 05/13/2010) | |||
| 2010-05-19 | 111 | 0 | ORDER the evidentiary objections to plaintiff's evidence for preliminary injunction 105 are sustained in part and are otherwise overruled as ordered by Judge Laurie Smith Camp. (SED) (Entered: 05/19/2010) | |||
| 2010-06-01 | 112 | 0 | BRIEF in opposition to Plaintiff's Motion for Preliminary Injunction by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, Dave Heineman.(Caldwell, Stephanie) (Entered: 06/01/2010) | |||
| 2010-06-04 | 113 | 0 | MOTION to Extend Plaintiff's Motion to Extend from June 4 to June 7 time to submit reply brief to State Defendants' Brief in Opposition to Motion for Preliminary Injunction on Funeral Picketing Law, Doc. No. 112 Motion Hearing,,, 108 , Brief 112 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 06/04/2010) | |||
| 2010-06-04 | 114 | 0 | TEXT ORDER granting 113 the Plaintiff's Motion to Extend. Plaintiff's reply is due on or before June 7, 2010. Ordered by Judge Laurie Smith Camp. (JB) (Entered: 06/04/2010) | |||
| 2010-06-07 | 115 | 0 | BRIEF in opposition to Brief 112 Plaintiff's Brief in Opposition to State Defendants' Brief in Opposition to Plaintiff's Motion for Preliminary Injunction on the NFPL by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 06/08/2010) | |||
| 2010-06-21 | 116 | 0 | ORDER that the Motion for Preliminary Injunction 5 and the Proposed Order docketed as a motion 37 , submitted by Plaintiff Shirley L. Phelps-Roper against all Defendants, are both denied. Ordered by Judge Laurie Smith Camp. (JB) (Entered: 06/21/2010) | 2010-06-26 19:02:08 | e83003272bb9e6932a249d04075db342b174fc66 | |
| 2010-07-08 | 117 | 0 | Joint MOTION to Dismiss Party Defendants McPhillips and Curry on Joint Voluntary Motion by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/08/2010) | |||
| 2010-07-09 | 118 | 0 | ORDER granting 117 Motion to Dismiss Party. All claims asserted by Plaintiff Shirley L. Phelps-Roper against Defendants Anthony McPhillips and Steven M. Curry are dismissed with prejudice; and Defendants McPhillips and Curry will pay their own costs, expenses and attorney fees; and Plaintiff Phelps-Roper will bear her own costs, expenses and attorney fees as to Defendants McPhillips and Curry. Ordered by Judge Laurie Smith Camp. (ADB, ) (Entered: 07/09/2010) | |||
| 2010-07-16 | 119 | 0 | NOTICE OF APPEAL regarding Order on Motion for Preliminary Injunction, 116 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. Filing fee $ 455, receipt number 0867-1822777. by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper (Phelps, Margie) (Entered: 07/16/2010) | |||
| 2010-07-16 | 120 | 0 | NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 119 , as to the Order on Motion for Preliminary Injunction 116 . Notice of Appeal filed on 7/16/2010 by Plaintiff Shirley L. Phelps-Roper. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERKS OFFICE. (JAE) (Entered: 07/16/2010) | |||
| 2010-07-20 | 121 | 0 | REVISED SCHEDULING LETTER from USCA - 8th Circuit (10-2046 and 10-2601) regarding Interlocutory Appeal 119 . (GJG) (Entered: 07/20/2010) | |||
| 2010-07-20 | 122 | 0 | MOTION for Reconsideration regarding Order, Add and Terminate Parties, Set/Reset Motion and R&R Deadlines/Hearings,,,,,, 95 , Memorandum and Order,,, 93 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/20/2010) | |||
| 2010-07-20 | 123 | 0 | BRIEF in support of MOTION for Reconsideration regarding Order, Add and Terminate Parties, Set/Reset Motion and R&R Deadlines/Hearings,,,,,, 95 , Memorandum and Order,,, 93 122 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/20/2010) | |||
| 2010-07-20 | 124 | 0 | INDEX in support of MOTION for Reconsideration regarding Order, Add and Terminate Parties, Set/Reset Motion and R&R Deadlines/Hearings,,,,,, 95 , Memorandum and Order,,, 93 122 , Brief, 123 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (Attachments: # 1 Attachment 1: Order enjoining statute, # 2 Attachment 2: Affidavit of Chief Stacey, # 3 Attachment 3: AG Response re statute, # 4 Attachment 4: E mail from Polikov counsel not contesting TRO, # 5 Attachment 4: Excerpt of docket sheet from state criminal proceedings)(Phelps, Margie) (Entered: 07/20/2010) | |||
| 2010-07-21 | 125 | 0 | REQUEST FOR TRANSCRIPT for proceedings held on May 10, 2010 before District Judge Laurie Smith Camp by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/21/2010) | |||
| 2010-07-22 | 126 | 0 | TEXT NOTICE OF DEFICIENCY by Deputy Clerk that the Request for Transcript 125 has been filed and is considered deficient due to no certificate of service. The plaintiff shall correct the deficiency within 15 days of the date of this entry or the pleading may be stricken from the record of this case. See NECivR 5.4(c) regarding certificates of service.(MKR) (Entered: 07/22/2010) | |||
| 2010-07-23 | 127 | 0 | Certificate regarding Request for Transcript 125 attesting to service of the Request on July 21, 2010 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/23/2010) | |||
| 2010-08-02 | 128 | 0 | COPY of Order (JUDGMENT) from USCA - 8th Circuit (10-2046 and 10-2601) that Appellant's motions to dismiss the appeals are granted; the appeals are hereby dismissed; the court's mandate shall issue forthwith. (SED) (Entered: 08/02/2010) | |||
| 2010-08-02 | 129 | 0 | COPY of Order from USCA - 8th Circuit (10-2046 and 10-2601) that on the court's own motion the judgment entered 8/2/2010 is hereby vacated and the case is reopened. (SED) (Entered: 08/03/2010) | |||
| 2010-08-16 | 130 | 0 | TRANSCRIPT (UNREDACTED) of Preliminary Injunction proceedings before District Judge Laurie Smith Camp held on 5-10-10. Pages 1-36. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Click here to view the Transcript Redaction Procedure. Redaction Request due 9/7/2010. Redacted Transcript Deadline set for 9/16/2010. Release of Transcript Restriction set for 11/15/2010. (BLF) (Entered: 08/16/2010) | |||
| 2010-08-17 | 131 | 0 | MEMORANDUM AND ORDER denying 122 Motion for Reconsideration. Ordered by Judge Laurie Smith Camp. (JSF) (Entered: 08/17/2010) | |||
| 2010-08-24 | 132 | 0 | MOTION to Dismiss Party by Joint Stipulation of the Plaintiff and Defendant L. Kenneth Polikov by Attorney Michael A. Smith on behalf of Defendant L. Kenneth Polikov.(Smith, Michael) (Entered: 08/24/2010) | |||
| 2010-08-25 | 133 | 0 | ORDER approving 132 Joint Stipulation for dismissal. All claims asserted by Plaintiff Shirley L. Phelps-Roper against Defendant L. Kenneth Polikov are dismissed with prejudice; and, Defendant Polikov will bear his own costs, expenses and attorney fees; and Plaintiff Phelps-Roper will bear her own costs, expenses and attorney fees as to Defendant Polikov. Ordered by Judge Laurie Smith Camp. (CCB) (Entered: 08/25/2010) | |||
| 2010-09-08 | 134 | 0 | COPY of Order(Judgment) from USCA - 8th Circuit(10-2046). The motion of the parties to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 42(b). The Court's mandate shall issue forthwith. (JAB) (Entered: 09/08/2010) | |||
| 2010-09-29 | 135 | 0 | MANDATE from USCA - 8th Circuit (10-2046) in accordance with the judgment of 9/8/10 dismissing the appeal, the formal mandate is hereby issued regarding Interlocutory Appeal, Notice of Appeal to USCA 96 . (ADB, ) (Entered: 09/30/2010) | |||
| 2011-10-20 | 136 | 0 | COPY of Opinion of USCA - 8th Circuit (10-2601) regarding Notice of Appeal to USCA 119 , Interlocutory Appeal. The order denying a preliminary injunction is reversed, and the case is remanded to the district court for further proceedings. (Attachments: # 1 Letter to Counsel, # 2 Publishing Letter)(ADB, ) (Entered: 10/20/2011) | |||
| 2011-10-20 | 137 | 0 | COPY of JUDGMENT from USCA - 8th Circuit (10-2601) that the judgment of the District Court is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (ADB, ) (Entered: 10/20/2011) | |||
| 2011-10-24 | 138 | 0 | PAPER COPY of Opinion of USCA - 8th Circuit [10-2601] regarding Notice of Appeal to USCA, 119 , Interlocutory Appeal. The order denying a preliminary injunction is reversed, and the case is remanded to the district court for further proceedings. (Attachments: # 1 Letter)(MKR) (Entered: 10/25/2011) | |||
| 2011-10-24 | 139 | 0 | COPY of Judgment from USCA - 8th Circuit [10-2601] that the judgment of the district court in this cause is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (MKR) (Entered: 10/25/2011) | |||
| 2013-04-12 | 140 | 0 | COPY of Opinion of USCA - 8th Circuit (10-2601) remanding this case to the district court to consider Phelps-Roper's facial and as applied First Amendment challenges to the amended NFPL regarding Notice of Appeal to USCA 96 and Notice of Appeal to USCA 119 . (Attachments: # 1 Cover Letter from Circuit, # 2 Letter to West Publishing) (ADB) (Entered: 04/12/2013) | |||
| 2013-04-12 | 141 | 0 | COPY of JUDGMENT from USCA - 8th Circuit (10-2601) that this cause is remanded to the district court for proceedings consistent with the opinion of this court. (ADB, ) (Entered: 04/12/2013) | |||
| 2013-05-08 | 142 | 0 | MANDATE from USCA - 8th Circuit (10-2601) in accordance with the opinion and judgment of 4/12/13, the formal mandate is hereby issued regarding Notice of Appeal to USCA 96 and Notice of Appeal to USCA 119 . (ADB) (Entered: 05/09/2013) | |||
| 2013-05-22 | 143 | 0 | ORDER. This case is before the court following receipt of the mandate from the Eighth Circuit Court of Appeals. A Status Conference is set for 6/24/2013 at 10:00 AM before Magistrate Judge F.A. Gossett, to discuss further progression of the case. The hearing will be held by telephone conference call initiated by counsel for the plaintiff. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) (Entered: 05/22/2013) | |||
| 2013-06-18 | 144 | 0 | NOTICE of Appearance by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine (Connolly, Sandra) (Entered: 06/18/2013) | |||
| 2013-06-18 | 145 | 0 | MOTION to Withdraw as Attorney by Attorney Diane M. Carlson on behalf of Defendant Donald Kleine.(Carlson, Diane) (Entered: 06/18/2013) | |||
| 2013-06-18 | 146 | 0 | ORDER - The Motion to Withdraw as Counsel (filing 145 ) is granted. The Clerk of Court shall terminate Diane Carlson as counsel of record for Defendant Donald Kleine and shall terminate future notices to Ms. Carlson in this action. Ordered by Magistrate Judge F.A. Gossett. (GJG) (Entered: 06/18/2013) | |||
| 2013-06-24 | 147 | 0 | TEXT MINUTE ENTRY for Status Conference held before Magistrate Judge F.A. Gossett on 6/24/2013. Counsel appeared telephonically. Margie Phelps represented the plaintiff. James Smith and Stephanie Caldwell represented defendants Heineman and Bruning; Sandra Connolly represented defendant Douglas County Attorney; Michelle Peters represented defendant Omaha Police chief; Adam Sipple represented the Cass County defendants. Status of the case reviewed. Conference to be continued and Order to be issued. (ARL, ) (Entered: 06/24/2013) | |||
| 2013-06-24 | 148 | 0 | ORDER that on or before July 31, 2013, the plaintiff shall file an amended complaint and update the evidentiary record. The status conference is continued to August 12, 2013 at 10:00 A.M., to be held by telephone call initiated by counsel for the plaintiff. Ordered by Magistrate Judge F.A. Gossett. (JSF) (Entered: 06/24/2013) | |||
| 2013-07-31 | 149 | 0 | AMENDED COMPLAINT Second Amended Complaint Against Remaining Defendants against Defendant All Defendants, by Attorney Margie J. Phelps on behalf of Shirley L. Phelps-Roper(Phelps, Margie) (Entered: 07/31/2013) | |||
| 2013-07-31 | 150 | 0 | LETTER to Judge Gossett, copy to counsel by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/31/2013) | |||
| 2013-08-12 | 151 | 0 | TEXT MINUTE ENTRY for in chambers proceedings held before Magistrate Judge F.A. Gossett on 8/12/2013. Counsel appeared telephonically. Margie Phelps represented the plaintiff. James Smith, Stephanie Caldwell, Sandra Connolly, Thomas Mumgaard, and Adam Sipple represented their respective defendants. Progression of the case reviewed. Order to be issued. (ARL, ) (Entered: 08/12/2013) | |||
| 2013-08-13 | 152 | 0 | TEXT ORDER - Pursuant to the discussion had during the Court's conference with the parties on 8/12/2013, Plaintiff is given until 9/3/2013 to file a Third Amended Complaint. Defendants shall respond to the Third Amended Complaint within fourteen days of its filing. Defendants' obligation to respond to Plaintiff's Second Amended Complaint 149 is supended at this time. If Plaintiff does not file a Third Amended Complaint by 9/3/2013, Defendants shall respond to the Second Amended Complaint by 9/17/2013. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 08/13/2013) | |||
| 2013-09-02 | 153 | 0 | AMENDED COMPLAINT Third Amended Complaint Against Remaining Defendants against Defendant All Defendants, by Attorney Margie J. Phelps on behalf of Shirley L. Phelps-Roper(Phelps, Margie) (Entered: 09/02/2013) | |||
| 2013-09-11 | 154 | 0 | ANSWER to Amended Complaint 153 by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine(Connolly, Sandra) (Entered: 09/11/2013) | |||
| 2013-09-16 | 155 | 0 | ANSWER to Amended Complaint 153 by Attorney Adam J. Sipple on behalf of Defendant Nathan Cox(Sipple, Adam) (Entered: 09/16/2013) | |||
| 2013-09-16 | 156 | 0 | ANSWER to Amended Complaint 153 by Defendants Heineman and Bruning by Attorney James D. Smith on behalf of Defendants Jon Bruning, Dave Heineman(Smith, James) (Entered: 09/16/2013) | |||
| 2013-09-16 | 157 | 0 | ANSWER to Amended Complaint 153 by Attorney Adam J. Sipple on behalf of Defendant William Brueggemann(Sipple, Adam) (Entered: 09/16/2013) | |||
| 2013-09-17 | 158 | 0 | ANSWER to Amended Complaint 153 (3rd Amended) by Attorney Thomas O. Mumgaard on behalf of Defendant Alex Hayes(Mumgaard, Thomas) (Entered: 09/17/2013) | |||
| 2013-09-19 | 159 | 0 | TEXT ORDER. Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, the parties shall meet and confer and provide to the court a report of their conference. Please use the revised "Form 35 (Rule 26(f)) Report" posted on the court's website. Counsel for the plaintiff should initiate the scheduling of this conference. The deadline for the report is 10/3/2013. Following submission of the report, a telephone conference will be set to establish final progression deadlines.Ordered by Magistrate Judge F.A. Gossett. (ARL, ) (Entered: 09/19/2013) | |||
| 2013-09-24 | 160 | 0 | MOTION to Amend Answer to Amended Complaint 154 by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine. (Attachments: # 1 Exhibit Amended Answer of Defendant Donald W. Kleine)(Connolly, Sandra) (Entered: 09/24/2013) | |||
| 2013-09-25 | 161 | 0 | TEXT ORDER granting 160 Defendant Donald Kleine's Unopposed Motion for Leave to Amend Answer. Defendant shall file his amended answer by or before 9/26/2013. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 09/25/2013) | |||
| 2013-09-25 | 162 | 0 | AMENDED ANSWER to Complaint regarding: Order on Motion to Amend 161 by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine. (Connolly, Sandra) (Entered: 09/25/2013) | |||
| 2013-09-30 | 163 | 0 | TEXT ORAL MOTION - for an extension of the R.26(f) report deadline, by Attorney Margie J. Phelps, counsel for plaintiff. Opposing counsel have been consulted and have no objection.(ARL, ) (Entered: 09/30/2013) | |||
| 2013-09-30 | 164 | 0 | TEXT ORDER granting 163 the unopposed Oral Motion to extend the Rule 26 Meeting Report Deadline. The deadline is extended to 10/21/2013. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) (Entered: 09/30/2013) | |||
| 2013-10-21 | 165 | 0 | REPORT of Rule 26(f) Planning Meeting by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 10/21/2013) | |||
| 2013-10-22 | 166 | 0 | REPORT of Rule 26(f) Planning Meeting Revised by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 10/22/2013) | |||
| 2013-10-22 | 167 | 0 | ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - Depositions due 5/9/2014. Pretrial Conference set for 6/30/2014 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. Non-Jury Trial set for 7/15/2014 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) (Entered: 10/22/2013) | |||
| 2013-10-22 | 168 | 0 | NOTICE of Appearance by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman (Lopez, David) (Entered: 10/22/2013) | |||
| 2013-10-22 | 169 | 0 | NOTICE of Appearance by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman (Post, Ryan) (Entered: 10/22/2013) | |||
| 2013-10-23 | 170 | 0 | NOTICE of Appearance by Attorney Jessica M. Forch on behalf of Defendants Jon Bruning, Dave Heineman (Forch, Jessica) (Entered: 10/23/2013) | |||
| 2013-10-23 | 171 | 0 | NOTICE of Appearance (Corrected) by Attorney Jessica M. Forch on behalf of Defendants Jon Bruning, Dave Heineman (Forch, Jessica) (Entered: 10/23/2013) | |||
| 2013-10-24 | 172 | 0 | Certificate of Service of State Defendants' Discovery Requests to Plaintiff (First Set) by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 10/24/2013) | |||
| 2013-11-22 | 173 | 0 | NOTIFICATION of Request for Video Recording by Clerk.(MLF, ) (Entered: 11/22/2013) | |||
| 2013-12-06 | 174 | 0 | NOTICE of Serving Defendant's FRCP 26(a)(1) Mandatory Disclosures to Plaintiff by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine (Connolly, Sandra) (Entered: 12/06/2013) | |||
| 2013-12-06 | 175 | 0 | NOTICE of Serving Defendants' FRCP 26(a)(1) Disclosures to Plaintiff by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman (Post, Ryan) (Entered: 12/06/2013) | |||
| 2013-12-06 | 176 | 0 | Certificate of Service of Discovery Items & Rule 26 Disclosures by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 12/06/2013) | |||
| 2013-12-09 | 177 | 0 | NOTICE of Serving Defendants' Amended FRCP 26(a)(1) Disclosures to Plaintiff by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman (Post, Ryan) (Entered: 12/09/2013) | |||
| 2013-12-09 | 178 | 0 | NOTICE to Take Deposition of Senator Bob Krist by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper (Phelps, Margie) (Entered: 12/09/2013) | |||
| 2013-12-10 | 179 | 0 | NOTICE to Take Deposition of Legislative Clerk Patrick J. O'Donnell & NECivR45.1 Notice by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper (Attachments: # 1 Records Subpoena)(Phelps, Margie) (Entered: 12/10/2013) | |||
| 2013-12-11 | 180 | 0 | MOTION to Quash Plaintiff's Notice of Taking Deposition of Senator Bob Krist 178 , MOTION for Protective Order Barring Plaintiff From Obtaining Discovery From Any Current or Former Nebraska State Senator in Connection with the Subject Matter of this Litigation by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 12/11/2013) | |||
| 2013-12-11 | 181 | 0 | BRIEF in support of MOTION to Quash Plaintiff's Notice of Taking Deposition of Senator Bob Krist 178 MOTION for Protective Order Barring Plaintiff From Obtaining Discovery From Any Current or Former Nebraska State Senator in Connection with the Subject Matter of this Litigation 180 by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 12/11/2013) | |||
| 2013-12-11 | 182 | 0 | INDEX in support of MOTION to Quash Plaintiff's Notice of Taking Deposition of Senator Bob Krist 178 MOTION for Protective Order Barring Plaintiff From Obtaining Discovery From Any Current or Former Nebraska State Senator in Connection with the Subject Matter of this Litigation 180 by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman. (Attachments: # 1 Affidavit of David A. Lopez, # 2 Exhibit 1)(Lopez, David) (Entered: 12/11/2013) | |||
| 2013-12-11 | 183 | 0 | MOTION to Quash Plaintiff's Notice of Taking Deposition of Patrick J. O'Donnell 179 and Plaintiff's Related Subpoena to Produce Documents [179-1] by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 12/11/2013) | |||
| 2013-12-11 | 184 | 0 | BRIEF in support of MOTION to Quash Plaintiff's Notice of Taking Deposition of Patrick J. O'Donnell 179 and Plaintiff's Related Subpoena to Produce Documents [179-1] 183 by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 12/11/2013) | |||
| 2013-12-11 | 185 | 0 | INDEX in support of MOTION to Quash Plaintiff's Notice of Taking Deposition of Patrick J. O'Donnell 179 and Plaintiff's Related Subpoena to Produce Documents [179-1] 183 by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman. (Attachments: # 1 Affidavit of David A. Lopez, # 2 Exhibit 1)(Lopez, David) (Entered: 12/11/2013) | |||
| 2013-12-11 | 186 | 0 | Unopposed MOTION for Expedited Review and Briefing Schedule by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 12/11/2013) | |||
| 2013-12-12 | 187 | 0 | ORDER denying 186 Motion for Expedited Review and Briefing Schedule. The briefing of these motions shall follow the usual schedule. The subject depositions shall not take place on December 27, 2013 as presently noticed. If appropriate and permissible under the Court' s future rulings on the motions to quash, the deposition dates may be reset. Ordered by Magistrate Judge F.A. Gossett. (ADB) (Entered: 12/12/2013) | |||
| 2013-12-29 | 188 | 0 | BRIEF in opposition to MOTION to Quash Plaintiff's Notice of Taking Deposition of Patrick J. O'Donnell 179 and Plaintiff's Related Subpoena to Produce Documents [179-1] 183 , MOTION to Quash Plaintiff's Notice of Taking Deposition of Senator Bob Krist 178 MOTION for Protective Order Barring Plaintiff From Obtaining Discovery From Any Current or Former Nebraska State Senator in Connection with the Subject Matter of this Litigation 180 Brief in Opposition to Motions to Quash with Index, Afidavit and Exhibits by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (Attachments: # 1 Exhibit Index and Exhibits)(Phelps, Margie) (Entered: 12/29/2013) | |||
| 2013-12-31 | 189 | 0 | REPLY BRIEF in support of MOTION to Quash Plaintiff's Notice of Taking Deposition of Patrick J. O'Donnell 179 and Plaintiff's Related Subpoena to Produce Documents [179-1] 183 , MOTION to Quash Plaintiff's Notice of Taking Deposition of Senator Bob Krist 178 MOTION for Protective Order Barring Plaintiff From Obtaining Discovery From Any Current or Former Nebraska State Senator in Connection with the Subject Matter of this Litigation 180 by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 12/31/2013) | |||
| 2014-01-02 | 190 | 0 | Certificate of Service of State Defendants' Discovery Requests to Plaintiff (Second Set) by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 01/02/2014) | |||
| 2014-01-06 | 191 | 0 | Certificate of Service of Defendants' Discovery Responses to Plaintiff's Discovery Requests (First Set) by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 01/06/2014) | |||
| 2014-01-15 | 192 | 0 | NOTICE of Serving Defendant's Discovery Responses to Plaintiff by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine (Connolly, Sandra) (Entered: 01/15/2014) | |||
| 2014-01-15 | 193 | 0 | Mail Returned as Undeliverable addressed to Michael Polk regarding Notice (Other) 192 . E-mail NOT RESENT - attorney no longer works at Adams, Sullivan Law Firm. (ADB) (Entered: 01/15/2014) | |||
| 2014-01-23 | 194 | 0 | Joint STIPULATION FOR DISMISSAL JOINTLY FILED BY PLAINTIFF AND CASS COUNTY DEFENDANTS by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 01/23/2014) | |||
| 2014-01-24 | 195 | 0 | ORDER AND JUDGMENT that the 194 Stipulation for Dismissal is approved; The Plaintiff's Complaint and all claims of relief stated therein against defendants Nathan Cox and William Brueggemann are dismissed with prejudice; and The Court will not assess costs and attorney's fees. Ordered by Chief Judge Laurie Smith Camp. (ADB) (Entered: 01/24/2014) | |||
| 2014-01-25 | 196 | 0 | Unopposed MOTION to Extend Deadlines for Disclosures of Expert Witnesses by All Parties by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 01/25/2014) | |||
| 2014-01-25 | 197 | 0 | MOTION to Compel Production by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 01/25/2014) | |||
| 2014-01-25 | 198 | 0 | BRIEF in support of MOTION to Compel Production 197 by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 01/25/2014) | |||
| 2014-01-25 | 199 | 0 | INDEX in support of MOTION to Compel Production 197 by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman. (Attachments: # 1 Affidavit of David A. Lopez, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Lopez, David) (Entered: 01/25/2014) | |||
| 2014-01-27 | 200 | 0 | TEXT ORDER granting 196 Unopposed Motion to Extend Deadlines for Disclosures of Expert Witnesses. Plaintiff's expert disclosures are due by 3/7/2014. Defendants' expert disclosures shall be served by 3/31/2014. Plaintiff's rebuttal experts shall be disclosed by 4/12/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 01/27/2014) | |||
| 2014-01-27 | 201 | 0 | Certificate of Service of Discovery Items by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 01/27/2014) | |||
| 2014-01-27 | 202 | 0 | BRIEF in opposition to MOTION to Compel Production 197 With Index, Affidavit and Exhibit by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (Attachments: # 1 Index with Affidavit and Exhibit)(Phelps, Margie) (Entered: 01/27/2014) | |||
| 2014-02-11 | 203 | 0 | ORDER that Defendants' Motion to Quash Plaintiff's Notice of Taking Deposition of Senator Bob Krist and for a Protective Order Barring Plaintiff from Obtaining Discovery from any Current or Former Nebraska State Senator 180 is granted, in part. Plaintiff's notice to depose Senator Bob Krist is quashed. Defendants' request for a protective order is denied. Such request may be reconsidered, if necessary, at a later time. Defendants' Motion to Quash Plaintiff's Notice of Taking Records Deposition of Patrick O'Donnell and of Plaintiff's Related Subpoena to Produce Documents 183 is granted. Defendants shall, however, produce a certified copy of the official legislative history for LB284 within fourteen (14) days of this Order. Ordered by Magistrate Judge F.A. Gossett. (JSF) (Entered: 02/11/2014) | |||
| 2014-02-12 | 204 | 0 | MOTION to Extend by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 02/12/2014) | |||
| 2014-02-12 | 205 | 0 | TEXT ORDER granting 204 Motion for Enlargement of Time. Defendants shall submit a reply brief in support of their Motion to Compel 197 by or before 2/27/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 02/12/2014) | |||
| 2014-02-12 | 206 | 0 | Certificate OF SERVICE OF CERTIFIED COPY OF OFFICIAL LEGISLATIVE HISTORY by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 02/12/2014) | |||
| 2014-02-26 | 207 | 0 | MOTION to Withdraw Document regarding MOTION to Compel Production 197 by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 02/26/2014) | |||
| 2014-02-26 | 208 | 0 | MOTION to Extend by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 02/26/2014) | |||
| 2014-02-26 | 209 | 0 | TEXT ORDER granting 207 Motion to Withdraw Motion to Compel. Defendants' Motion to Compel Production, Filing No. 197, is hereby deemed withdrawn. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 02/26/2014) | |||
| 2014-02-28 | 210 | 0 | Certificate of Service of State Defendants' Discovery Requests to Plaintiff (Third Set) by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 02/28/2014) | |||
| 2014-03-01 | 211 | 0 | BRIEF in opposition to MOTION to Extend 208 Discovery Deadline by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/01/2014) | |||
| 2014-03-03 | 212 | 0 | ORDER granting 208 Motion to Extend. The written discovery deadline is extended to March 14, 2014. Any additional written discovery shall be limited to the question of why videos and photographs of picketing activities were not retained. All other deadlines established in this case remain as presently set. Ordered by Magistrate Judge F.A. Gossett. (JSF) (Entered: 03/03/2014) | |||
| 2014-03-03 | 213 | 0 | Certificate of Service of Defendants Heineman's and Bruning's Responses to Plaintiff's Requests for Production by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 03/03/2014) | |||
| 2014-03-17 | 214 | 0 | Certificate of Service of Expert Witness Disclosure by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 03/17/2014) | |||
| 2014-03-19 | 215 | 0 | Unopposed MOTION to Extend by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 03/19/2014) | |||
| 2014-03-19 | 216 | 0 | TEXT ORDER granting 215 Unopposed Motion for Enlargement of Time to Disclose Defendants' Expert Report. Defendants shall disclose the report of their expert witness by or before 4/18/2014. Plaintiff shall disclose rebuttal experts by or before 4/30/2014. Motions in limine challenging the admissibility of expert testimony shall be filed no later than 5/30/2014. Depositions of expert witnesses shall be completed by 5/30/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 03/19/2014) | |||
| 2014-03-22 | 217 | 0 | Certificate of Service of Discovery Responses by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/22/2014) | |||
| 2014-03-31 | 218 | 0 | Certificate of Service of Defendants Heineman's and Bruning's Supplemental Disclosure of Expert Witnesses by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 03/31/2014) | |||
| 2014-04-02 | 219 | 0 | Certificate of Service of Defendants Heineman's and Bruning's Rule 26 Disclosures (First Supplement) by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 04/02/2014) | |||
| 2014-04-16 | 220 | 0 | NOTICE to take Depositions and Issuance of Subpoenas to Testify at Deposition in a Civil Action by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman (Post, Ryan) (Entered: 04/16/2014) | |||
| 2014-04-18 | 221 | 0 | Certificate of Service of Expert Witness Report by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 04/18/2014) | |||
| 2014-04-21 | 222 | 0 | Certificate of Service of Updated Discovery Responses by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 04/21/2014) | |||
| 2014-04-27 | 223 | 0 | MOTION for Summary Judgment by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (Attachments: # 1 Brief in Support of Motion for Summary Judgment, # 2 Exhibit Index with Affidavit and Attachments)(Phelps, Margie) (Entered: 04/27/2014) | |||
| 2014-05-08 | 224 | 0 | Joint MOTION to Extend by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 05/08/2014) | |||
| 2014-05-08 | 225 | 0 | MOTION to Continue Trial and Related Dates by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 05/08/2014) | |||
| 2014-05-12 | 226 | 0 | AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 224 Motion to Extend and granting 225 Motion to Continue. Defendants shall respond to plaintiff's motion for summary judgment on or before 6/4/2014. Plaintiff's reply deadline is 6/25/2014. The Pretrial Conference is rescheduled to 10/17/2014 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. The Non-Jury Trial is set for 11/18/2014 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) (Entered: 05/12/2014) | |||
| 2014-05-23 | 227 | 0 | STRICKEN ORDER that Attorney Michael F. Polk has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Attorney Michael F. Polk is directed to pay the $20.00 fee or show cause why he is unable to do so. Ordered by Chief Judge Laurie Smith Camp. (CS) Modified on 5/30/2014 to reflect stricken. (JLS, ). (Entered: 05/23/2014) | |||
| 2014-05-29 | 228 | 0 | TEXT STRIKE ORDER that the Order to Show Cause 227 as to Michael Polk is stricken. The order was entered in error by the clerk's office. Ordered by Deputy Clerk. (JLS, ) (Entered: 05/29/2014) | |||
| 2014-06-02 | 229 | 0 | Unopposed MOTION to Extend by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 06/02/2014) | |||
| 2014-06-03 | 230 | 0 | Unopposed MOTION to Extend Time to Respond to MOTION for Summary Judgment 223 by Attorney Thomas O. Mumgaard on behalf of Defendant Alex Hayes.(Mumgaard, Thomas) (Entered: 06/03/2014) | |||
| 2014-06-03 | 231 | 0 | TEXT ORDER granting 229 Unopposed Motion for Enlargement of Time. Defendants Dave Heineman and Jon Bruning shall respond to Plaintiff's Motion for Summary Judgment 223 by or before 6/11/2014. Plaintiff shall submit a reply brief no later than 7/2/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 06/03/2014) | |||
| 2014-06-03 | 232 | 0 | TEXT ORDER granting 230 Unopposed Motion for Enlargement of Time. Defendant Alex Hayes shall respond to Plaintiff's Motion for Summary Judgment 223 by or before 6/11/2014. Plaintiff shall submit a reply brief no later than 7/2/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 06/03/2014) | |||
| 2014-06-03 | 233 | 0 | Unopposed MOTION to Extend Time by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine.(Connolly, Sandra) (Entered: 06/03/2014) | |||
| 2014-06-03 | 234 | 0 | TEXT ORDER granting 233 Unopposed Motion for Enlargement of Time. Defendant Donald Kleine shall respond to Plaintiff's Motion for Summary Judgment 223 by or before 6/11/2014. Plaintiff shall submit a reply brief no later than 7/2/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 06/03/2014) | |||
| 2014-06-11 | 235 | 0 | REPLY BRIEF in opposition to MOTION for Summary Judgment 223 by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine.(Connolly, Sandra) (Entered: 06/11/2014) | |||
| 2014-06-11 | 236 | 0 | INDEX in support of Reply Brief 235 in Opposition to Plaintiff's Motion for Summary Judgment by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine. (Attachments: # 1 Exhibit Deposition of Shirley Phelps-Roper, # 2 Exhibit Affidavit of Donald W. Kleine, # 3 Exhibit Affidavit of Sandra K. Connolly)(Connolly, Sandra) (Entered: 06/11/2014) | |||
| 2014-06-11 | 237 | 0 | BRIEF in opposition to MOTION for Summary Judgment 223 by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 06/11/2014) | |||
| 2014-06-11 | 238 | 0 | INDEX in opposition to MOTION for Summary Judgment 223 by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman. (Attachments: # 1 Affidavit of Ryan S. Post, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Post, Ryan) (Entered: 06/11/2014) | |||
| 2014-07-02 | 239 | 0 | MOTION for Extension of Time to File a Responsive Pleading Reply to Response to Motion for Summary Judgment by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/02/2014) | |||
| 2014-07-03 | 240 | 0 | TEXT ORDER granting 239 Motion for Extension of Time. Plaintiff shall file her reply brief in support of her motion for summary judgment 223 by or before 7/4/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 07/03/2014) | |||
| 2014-07-04 | 241 | 0 | REPLY BRIEF in support of MOTION for Summary Judgment 223 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/04/2014) | |||
| 2014-07-04 | 242 | 0 | INDEX in support of MOTION for Summary Judgment 223 with Affidavit and Exhibits 1-28 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/04/2014) | |||
| 2014-07-04 | 243 | 0 | INDEX in support of MOTION for Summary Judgment 223 Exhibits 29-61 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/04/2014) | |||
| 2014-07-05 | 244 | 0 | MOTION in Limine and to Strike Expert Witness Reports by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/05/2014) | |||
| 2014-07-05 | 245 | 0 | BRIEF in support of MOTION in Limine and to Strike Expert Witness Reports 244 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/05/2014) | |||
| 2014-07-11 | 246 | 0 | MOTION for Leave to File Surreply in Opposition to Plaintiff's Motion for Summary Judgment by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman. (Attachments: # 1 State's Surreply in Opposition to Plaintiff's Motion for Summary Judgment)(Lopez, David) (Entered: 07/11/2014) | |||
| 2014-07-14 | 247 | 0 | TEXT ORDER granting 246 Motion for Leave to File Surreply. Defendants shall file their surreply brief in opposition to Plaintiff's Motion for Summary Judgment 223 by or before 7/15/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 07/14/2014) | |||
| 2014-07-14 | 248 | 0 | BRIEF in opposition to MOTION for Summary Judgment 223 (State's Surreply) by Attorney David A. Lopez on behalf of Defendants Jon Bruning, Dave Heineman.(Lopez, David) (Entered: 07/14/2014) | |||
| 2014-07-14 | 249 | 0 | MOTION to Strike by Attorney Jessica M. Forch on behalf of Defendants Jon Bruning, Dave Heineman.(Forch, Jessica) (Entered: 07/14/2014) | |||
| 2014-07-14 | 250 | 0 | BRIEF in support of Motion to Strike by Attorney Jessica M. Forch on behalf of Defendants Jon Bruning, Dave Heineman.(Forch, Jessica) (Entered: 07/14/2014) | |||
| 2014-07-22 | 251 | 0 | BRIEF in opposition to MOTION in Limine and to Strike Expert Witness Reports 244 by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 07/22/2014) | |||
| 2014-07-22 | 252 | 0 | INDEX in opposition to MOTION in Limine and to Strike Expert Witness Reports 244 by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman. (Attachments: # 1 Affidavit Ryan S. Post, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Post, Ryan) (Entered: 07/22/2014) | |||
| 2014-07-27 | 253 | 0 | BRIEF in opposition to MOTION to Strike 249 and Objections to Plaintiff's Exhibits Filed by State Defendants by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (Attachments: # 1 Affidavit Index with Affidavits)(Phelps, Margie) (Entered: 07/27/2014) | |||
| 2014-07-27 | 254 | 0 | BRIEF in support of MOTION in Limine and to Strike Expert Witness Reports 244 in Reply to Defendants' Opposition by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/27/2014) | |||
| 2014-07-31 | 255 | 0 | TEXT ORDER. Pursuant to the emailed request of plaintiff's counsel, and with no objection from defendants' counsel, the Pretrial Conference is rescheduled to 10/21/2014 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) (Entered: 07/31/2014) | |||
| 2014-09-19 | 256 | 0 | MOTION to Continue Trial by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 09/19/2014) | |||
| 2014-09-19 | 257 | 0 | SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 256 Motion to Continue. Pretrial Conference set for 2/27/2015 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. Non-Jury Trial set for 3/17/2015 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) (Entered: 09/19/2014) | |||
| 2014-10-30 | 258 | 0 | MEMORANDUM AND ORDER - The Motion for Summary Judgment (Filing No. 223 ) filed by Plaintiff Shirley L. Phelps-Roper, is denied; The Motion in Limine (Filing No. 244 ) filed by Plaintiff Shirley L. Phelps-Roper, is denied without prejudice; and The Motion to Strike (Filing No. 249 ) filed by Defendants Jon Bruning and Dave Heineman is denied as moot. Ordered by Chief Judge Laurie Smith Camp. (MKR) (Entered: 10/30/2014) | |||
| 2015-01-09 | 259 | 0 | MOTION to Substitute Party by Attorney Ryan S. Post on behalf of Defendants Jon Bruning, Dave Heineman.(Post, Ryan) (Entered: 01/09/2015) | |||
| 2015-01-12 | 260 | 0 | ORDER granting the 259 Motion to Substitute Defendants. The Clerk of Court shall substitute Pete Ricketts, in his capacity of Governor of Nebraska, for Dave Heineman as Defendant in this action. The Clerk of Court shall also substitute Doug Peterson, in his capacity of Attorney General of the State of Nebraska, for Jon Bruning as Defendant in this suit. The case caption shall reflect this substitution. Ordered by Magistrate Judge F.A. Gossett. (MKR) (Entered: 01/12/2015) | |||
| 2015-02-05 | 261 | 0 | LETTER to the parties regarding the 2/27/2015 Pretrial Conference with Magistrate Judge F.A. Gossett. (ARL, ) (Entered: 02/05/2015) | |||
| 2015-02-05 | 262 | 0 | MOTION to Extend Time to Identify Non-expert Witnesses and Trial Exhibits by Attorney Ryan J. Wiesen on behalf of Defendant Alex Hayes.(Wiesen, Ryan) (Entered: 02/05/2015) | |||
| 2015-02-05 | 263 | 0 | TEXT ORDER granting 262 Unopposed Motion to Extend. Defendant Alex Hayes shall identify non-expert witnesses and trial exhibits by or before 2/20/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 02/05/2015) | |||
| 2015-02-06 | 264 | 0 | DISCLOSURE FRCP 26(a)(3) Pretrial by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine.(Connolly, Sandra) (Entered: 02/06/2015) | |||
| 2015-02-06 | 265 | 0 | DISCLOSURE FRCP 26(a)(3) by Attorney Ryan S. Post on behalf of Defendant Pete Ricketts.(Post, Ryan) (Entered: 02/06/2015) | |||
| 2015-02-06 | 266 | 0 | DISCLOSURE FRCP 26(a)(3) (Exhibits) by Attorney Ryan S. Post on behalf of Defendant Pete Ricketts.(Post, Ryan) (Entered: 02/06/2015) | |||
| 2015-02-06 | 267 | 0 | DISCLOSURE FRCP 26(a)(3) PRETRIAL by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 02/06/2015) | |||
| 2015-02-06 | 268 | 0 | Certificate of Service of Supplemental Discovery Item by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 02/06/2015) | |||
| 2015-02-18 | 269 | 0 | ORDER RE: TRIAL PREPARATION (CIVIL NON-JURY TRIAL). Ordered by Chief Judge Laurie Smith Camp. (JB) (Entered: 02/18/2015) | |||
| 2015-02-18 | 270 | 0 | PROPOSED EXHIBIT LIST CORRECTED by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (Phelps, Margie) (Entered: 02/18/2015) | |||
| 2015-02-19 | 271 | 0 | MOTION to Substitute Party in lieu of Alex Hayes by Attorney Thomas O. Mumgaard on behalf of Defendant Alex Hayes.(Mumgaard, Thomas) (Entered: 02/19/2015) | |||
| 2015-02-20 | 272 | 0 | ORDER granting 271 Motion to Substitute Party Defendant. The Clerk shall substitute Todd Schmaderer, in his capacity as Chief of the Omaha Police Department, for Alex Hayes as defendant in this action. The case caption shall reflect this substitution. Ordered by Magistrate Judge F.A. Gossett. (JSF) (Entered: 02/20/2015) | |||
| 2015-02-20 | 273 | 0 | NOTICE of Appearance by Attorney Ryan J. Wiesen on behalf of Defendant Todd Schmaderer (Wiesen, Ryan) (Entered: 02/20/2015) | |||
| 2015-02-20 | 274 | 0 | DISCLOSURE FRCP 26(a)(3) Witness List by Attorney Ryan J. Wiesen on behalf of Defendant Todd Schmaderer.(Wiesen, Ryan) (Entered: 02/20/2015) | |||
| 2015-02-20 | 275 | 0 | DISCLOSURE FRCP 26(a)(3) Exhibit List by Attorney Ryan J. Wiesen on behalf of Defendant Todd Schmaderer.(Wiesen, Ryan) (Entered: 02/20/2015) | |||
| 2015-02-20 | 276 | 0 | DISCLOSURE of Witnesses (Supplement) by Attorney Thomas O. Mumgaard on behalf of Defendant Todd Schmaderer.(Mumgaard, Thomas) (Entered: 02/20/2015) | |||
| 2015-02-27 | 277 | 0 | ORDER. Counsel appeared for the final pretrial conference as set out in the order. The proposed pretrial documents were reviewed. The proposed order on final pretrial conference is accepted, noting it will be amended; Any motion addressing Controverted and Unresolved Issues must be filed on or before 3/6/2015; any replies to such motions will be filed on or before 3/11/2015. A new trial exhibit list, with objections noted, will be submitted on or before 3/6/2015. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) (Entered: 02/27/2015) | |||
| 2015-02-27 | 278 | 0 | ORDER ON FINAL PRETRIAL CONFERENCE - estimated length of trial is 5 days; Non-Jury Trial set for 3/17/2015 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp.Ordered by Magistrate Judge F.A. Gossett. (TCL ) (Entered: 02/27/2015) | |||
| 2015-03-02 | 279 | 0 | MOTION in Limine re: Fact Evidentiary Issues at Trial by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/02/2015) | |||
| 2015-03-05 | 280 | 0 | NOTICE of Issuing Subpoena to Testify at Trial in a Civil Action by Attorney Stephanie A. Caldwell on behalf of Defendants Doug Peterson, Pete Ricketts (Caldwell, Stephanie) (Entered: 03/05/2015) | |||
| 2015-03-05 | 281 | 0 | MOTION in Limine by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine.(Connolly, Sandra) (Entered: 03/05/2015) | |||
| 2015-03-06 | 282 | 0 | RESPONSE regarding MOTION in Limine 281 by Defendant Kleine by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/06/2015) | |||
| 2015-03-06 | 283 | 0 | MOTION in Limine by Attorney Ryan J. Wiesen on behalf of Defendant Todd Schmaderer.(Wiesen, Ryan) (Entered: 03/06/2015) | |||
| 2015-03-06 | 284 | 0 | BRIEF in support of MOTION in Limine 283 by Attorney Ryan J. Wiesen on behalf of Defendant Todd Schmaderer.(Wiesen, Ryan) (Entered: 03/06/2015) | |||
| 2015-03-06 | 285 | 0 | MOTION for Partial Summary Judgment by Attorney Ryan J. Wiesen on behalf of Defendant Todd Schmaderer.(Wiesen, Ryan) (Entered: 03/06/2015) | |||
| 2015-03-06 | 286 | 0 | BRIEF in support of MOTION for Partial Summary Judgment 285 by Attorney Ryan J. Wiesen on behalf of Defendant Todd Schmaderer.(Wiesen, Ryan) (Entered: 03/06/2015) | |||
| 2015-03-06 | 287 | 0 | INDEX in support of MOTION for Partial Summary Judgment 285 by Attorney Ryan J. Wiesen on behalf of Defendant Todd Schmaderer.(Wiesen, Ryan) (Entered: 03/06/2015) | |||
| 2015-03-07 | 288 | 0 | STRICKEN - RESPONSE regarding MOTION for Partial Summary Judgment 285 of Defendant Schmaderer by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) Modified on 3/12/2015 (LRH). (Entered: 03/07/2015) | |||
| 2015-03-07 | 289 | 0 | RESPONSE regarding MOTION for Partial Summary Judgment 285 of Defendant Schmaderer by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/07/2015) | |||
| 2015-03-07 | 290 | 0 | RESPONSE regarding MOTION in Limine 283 of Defendant Schmaderer by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/07/2015) | |||
| 2015-03-10 | 291 | 0 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW and Trial Brief by Attorney James D. Smith on behalf of Defendants Doug Peterson, Pete Ricketts. (Smith, James) (Entered: 03/10/2015) | |||
| 2015-03-10 | 292 | 0 | RESPONSE regarding MOTION in Limine re: Fact Evidentiary Issues at Trial 279 by Attorney James D. Smith on behalf of Defendants Doug Peterson, Pete Ricketts.(Smith, James) (Entered: 03/10/2015) | |||
| 2015-03-10 | 293 | 0 | BRIEF (Trial) by Attorney Ryan J. Wiesen on behalf of Defendant Todd Schmaderer.(Wiesen, Ryan) (Entered: 03/10/2015) | |||
| 2015-03-10 | 294 | 0 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Attorney Ryan J. Wiesen on behalf of Defendant Todd Schmaderer. (Wiesen, Ryan) (Entered: 03/10/2015) | |||
| 2015-03-10 | 295 | 0 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND TRIAL BRIEF by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper. (Phelps, Margie) (Entered: 03/10/2015) | |||
| 2015-03-11 | 296 | 0 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW Defendant Kleine's Trial Brief by Attorney Sandra K. Connolly on behalf of Defendant Donald Kleine. (Connolly, Sandra) (Entered: 03/11/2015) | |||
| 2015-03-11 | 297 | 0 | MOTION to Strike Response 288 Doc. 288 (Filed in Error) by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/11/2015) | |||
| 2015-03-12 | 298 | 0 | TEXT ORDER granting 297 Motion to Strike. Filing No. 288 herein is hereby stricken. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 03/12/2015) | |||
| 2015-03-12 | 299 | 0 | PROPOSED EXHIBIT LIST by Attorney James D. Smith on behalf of Defendants Doug Peterson, Pete Ricketts. (Smith, James) (Entered: 03/12/2015) | |||
| 2015-03-13 | 300 | 0 | MEMORANDUM AND ORDER - The Motion in Limine (Filing No. 279 ), filed by Plaintiff Shirley L. Phelps-Roper, is denied; The Motion in Limine (Filing No. 281 ), filed by Defendant Don Kleine, is denied; The Motion in Limine (Filing No. 283 ), filed by Defendant Todd Schmaderer is granted, in part, as follows: a. Phelps-Roper is precluded, in limine, from presenting any evidence of events of picketing or protest activities involving Phelps-Roper or the Westboro Baptist Church in Nebraska prior to August 2011, as such evidence relates to Phelps-Ropers as applied challenge to the NFPL; b. The Motion is otherwise denied, without prejudice; and The Motion for Partial Summary Judgment (Filing No. 285 ), filed by Defendant Todd Schmaderer, is denied. Ordered by Chief Judge Laurie Smith Camp. (MKR) Modified on 3/13/2015 to remove copies mailed to pro se party(MKR). (Entered: 03/13/2015) | |||
| 2015-03-17 | 301 | 0 | TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Non-Jury Trial began on 3/17/2015. Evidence by plaintiff and defendant. Trial not concluded - continued to March 18, 2015 at 9:00 a.m. in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Margie J. Phelps; Appearance for Defendant; State of Nebraska- James D. Smith, Jessica M. Forch, Ryan S. Post, Stephanie A. Caldwell, Douglas County- Sandra K. Connolly; City of Omaha Ryan J. Wiesen, Thomas O. Mumgaard; Time Start: 8:48 AM; Time Stop: 5:00 PM; Time in Court: 6 Hours 17 Minutes. (MLF, ) (Entered: 03/17/2015) | |||
| 2015-03-18 | 302 | 0 | TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Non-Jury Trial held on 3/18/2015. Evidence by plaintiff and defendant. Trial not concluded - continued to March 19, 2015 at 9:00 a.m. in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Margie J. Phelps; Appearance for Defendant; State of Nebraska- James D. Smith, Jessica M. Forch, Ryan S. Post, Stephanie A. Caldwell, Douglas County- Sandra K. Connolly; City of Omaha Ryan J. Wiesen, Thomas O. Mumgaard; Time Start: 9:06 AM; Time Stop: 4:55 PM; Time in Court: 5 Hours 21 Minutes. (MLF, ) (Entered: 03/18/2015) | |||
| 2015-03-19 | 303 | 0 | TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Non-Jury Trial ended on 3/19/2015. Evidence by plaintiff and defendants. Plaintiff rests. Defendants rests. Defendant's oral motion for judgment as a matter of law as to Donald Kleine in his official capacity as Douglas County Attorney is granted. Defendant Kleine is dismissed as a party to this action. Plaintiff's brief due 30 days from the filing of the transcript. Defendants' briefs due 30 days from the filing of the plaintiff's brief. Plaintiff's reply brief due 14 days from the date of the filing of the defendants' briefs. Matter taken under advisement. Judgment to be entered. Number of trial days with evidence 3. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff; Margie J. Phelps; Appearance for Defendant; State of Nebraska- James D. Smith, Jessica M. Forch, Ryan S. Post, Stephanie A. Caldwell, Douglas County- Sandra K. Connolly; City of Omaha Ryan J. Wiesen, Thomas O. Mumgaard; Time Start: 9:07 AM; Time Stop: 4:45 PM; Time in Court: 5 Hour 22 Minutes (MLF, ) (Entered: 03/20/2015) | |||
| 2015-03-19 | 304 | 0 | EXHIBIT LIST from non-jury trial held on March 17-19, 2015 regarding Minutes 303 . (MLF, ) (Entered: 03/20/2015) | |||
| 2015-03-19 | 305 | 0 | WITNESS LIST from non-jury trial held on March 17-19, 2015 regarding Minutes 303 .(MLF, ) (Entered: 03/20/2015) | |||
| 2015-03-25 | 306 | 0 | Certificate regarding Exhibit List 304 of Service of Disc with Videos and Photos by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 03/25/2015) | |||
| 2015-05-22 | 309 | 0 | TRANSCRIPT (UNREDACTED) - Volume I - trial proceedings before Chief Judge Laurie Smith Camp held on March 17, 2015. Pages 1 through 229. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Click here to view the Transcript Redaction Procedure. - 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). Redaction Request due 6/12/2015. Redacted Transcript Deadline set for 6/22/2015. Release of Transcript Restriction set for 8/20/2015. (BLF) (Entered: 05/22/2015) | |||
| 2015-05-22 | 310 | 0 | TRANSCRIPT (UNREDACTED)- Volume II - trial proceedings before Chief Judge Laurie Smith Camp held on March 18, 2015. Pages 230 through 446. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Click here to view the Transcript Redaction Procedure. - 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). Redaction Request due 6/12/2015. Redacted Transcript Deadline set for 6/22/2015. Release of Transcript Restriction set for 8/20/2015. (BLF) (Entered: 05/22/2015) | |||
| 2015-05-22 | 311 | 0 | TRANSCRIPT (UNREDACTED) - Volume III - trial proceedings before Chief Judge Laurie Smith Camp held on March 19, 2015. Pages 447 through 689. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Click here to view the Transcript Redaction Procedure. - 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). Redaction Request due 6/12/2015. Redacted Transcript Deadline set for 6/22/2015. Release of Transcript Restriction set for 8/20/2015. (BLF) (Entered: 05/22/2015) | |||
| 2015-05-22 | 312 | 0 | TRANSCRIPT (UNREDACTED) of Master Index of Volumes I - III of trial transcripts of trial held on March 17-19, 2015. Pages 690 through 701. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Click here to view the Transcript Redaction Procedure. - 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). Redaction Request due 6/12/2015. Redacted Transcript Deadline set for 6/22/2015. Release of Transcript Restriction set for 8/20/2015. (BLF) (Entered: 05/22/2015) | |||
| 2015-06-18 | 313 | 0 | MOTION to Extend Deadlines for Filing Post-Trial Briefs Non-Jury Trial - Ended,,,, 303 by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 06/18/2015) | |||
| 2015-06-19 | 314 | 0 | TEXT ORDER granting 313 Motion for Extension of Time for Filing Post-Trial Briefs. Plaintiff shall file her opening brief by 7/6/2015. Defendants' responsive brief shall be filed by 8/14/2015. Plaintiff's reply brief shall be submitted by or before 8/31/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 06/19/2015) | |||
| 2015-07-06 | 315 | 0 | UNOPPOSED MOTION to Extend Time to File Post Trial Briefs by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/06/2015) | |||
| 2015-07-07 | 316 | 0 | TEXT ORDER granting 315 Unopposed Motion for Extension of Time for Filing Post-Trial Briefs. Plaintiff shall file her opening brief by 7/16/2015. Defendants' responsive brief shall be filed by 8/24/2015. Plaintiff's reply brief shall be submitted by or before 9/10/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 07/07/2015) | |||
| 2015-07-16 | 317 | 0 | BRIEF POST TRIAL by Attorney Margie J. Phelps on behalf of Plaintiff Shirley L. Phelps-Roper.(Phelps, Margie) (Entered: 07/16/2015) | 2017-08-14 11:48:38 | 4f1cc1f11a2eedb6903d7be1abd238592b00ae77 | |
| 2015-08-17 | 318 | 0 | MOTION to Intervene on behalf of Richard Hedrick . (Attachments: # 1 Interveners Complaint)(MKR) Modified on 8/18/2015 to correct party name (MKR). (Entered: 08/18/2015) | |||
| 318 | 1 | Interveners Complaint | ||||
| 2015-08-19 | 319 | 0 | ORDER denying 318 Richard Hedrick's Motion to Intervene. The Clerk shall mail a copy of this Order to Richard Hedrick at his address of record. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed as directed to 404 Mormon Tr, Lincoln, NE 68521) (JSF) (Entered: 08/19/2015) | |||
| 2015-08-21 | 320 | 0 | UNOPPOSED MOTION to Extend Time to File Briefs by Attorney Ryan S. Post on behalf of Defendants Doug Peterson, Pete Ricketts.(Post, Ryan) (Entered: 08/21/2015) | |||
| 2015-08-24 | 321 | 0 | TEXT ORDER granting 320 Unopposed Motion for Extension of Time for Filing Post-Trial Briefs. Defendants shall file their briefs by 9/25/2015. Plaintiff's reply brief shall be submitted by or before 10/16/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH) (Entered: 08/24/2015) | |||
| 2015-09-16 | 322 | 0 | MOTION for Reconsideration regarding Order on Motion to Intervene, 319 filed by Richard Hedrick. (JAB) (Entered: 09/16/2015) | |||
| 2015-09-25 | 323 | 0 | BRIEF Post-Trial by Attorney Ryan S. Post on behalf of Defendants Doug Peterson, Pete Ricketts.(Post, Ryan) (Entered: 09/25/2015) | 2015-09-25 17:37:56 | c558dbfbd5df8a4776df1c39866bd304879e87a5 |