Sabata et al v. Nebraska Department of Correctional Services et al

Nebraska District Court
Judge:Brian C Buescher
Referred: Michael D Nelson
Case #: 4:17-cv-03107
Nature of Suit555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause42:1983 Prisoner Civil Rights
Case Filed:Aug 15, 2017
Terminated:Dec 01, 2020
Defendant
Does
Defendant
Harbans Deol
Defendant
Julie Micek
Defendant
Nebraska Board of Parole
Defendant
Nebraska Department of Correctional Services
Defendant
Scott Frakes
Interested Party
Jesse Blackstock
Movant
Marshall Lux
Plaintiff
Angelic Norris
Plaintiff
Brandon Sweetser
Plaintiff
Dylan Cardeilhac
Plaintiff
Hannah Sabata
Plaintiff
Isaac Reeves
Plaintiff
James Curtright
Plaintiff
Jason Galle
Plaintiff
Michael Gunther
Plaintiff
R. P.
Plaintiff
Richard Griswold
Plaintiff
Zoe Rena

GPO Aug 24 2017
ORDER that Plaintiffs' Motion for Appointment of Next Friend Per Fed. R. Civ. P. 17(c) (Filing No. 2) is granted. David J. Tarrell, Attorney at Law, 1823 Harney Street, Suite 100, Omaha, Nebraska 68102, (402) 884-7770, is appointed as Guardian ad Litem to represent the interests of Plaintiff R. P., a minor, during the pendency of this action or until further order of the Court. The Clerk of Court is directed to mail copies of this Order to Mr. Tarrell at the address listed above. Upon receipt of this Order, Mr. Tarrell shall enter his appearance on behalf of Plaintiff R.P. Ordered by Magistrate Judge Michael D. Nelson. (Copies mailed as directed to Attorney David J. Tarrell)(LAC)
GPO May 16 2018
STIPULATED PROTECTIVE ORDER - Upon review of the parties' Joint Motion (Filing No. 89) and proposed Stipulated Protective Order emailed to the undersigned magistrate judge's chambers, IT IS ORDERED that the Joint Motion for Entry of Stipulated Protective Order (Filing No. 89) is granted, and the parties' stipulated protective order is entered. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
GPO Jun 27 2018
STIPULATED ORDER ON ELECTRONICALLY STORED INFORMATION - that the parties' Stipulated Order on Electronically Stored Information (Filing No. 106) is adopted. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
GPO Jul 20 2018
ORDER - Defendants shall have an extension of time to July 27, 2018, to file a motion for summary judgment based on failure to exhaust administrative remedies. Parties shall contact Magistrate Judge Nelson within seven days (7) after the Court rules on the Motion for Summary Judgment to schedule a telephone conference. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
GPO Aug 21 2018
STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL RULES, REGULATIONS, AND POLICIES - Pursuant to Fed. R. Civ. P. 26(c), the Court finds good cause for the issuance of a qualified protective order, grants the parties' Joint Motion 141. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
GPO Aug 31 2018
ORDER - The parties are to meet and confer to further attempt to resolve their ongoing discovery disputes. On or before September 13, 2018 , Plaintiffs shall file supplemental briefing on any outstanding disputes. Defendants shall file their supplemental briefing on or before September 27, 2018 . Unless the Court is notified otherwise, it will then make its rulings on the parties' Joint Discovery Dispute Chart. The Motion (Filing No. 143) deadline for the document filed by non-party Jesse Blackstock is terminated. The document requires no court ruling and is simply a putative class member's written interest in joining the class, if one is certified. Defendants' Motion to Strike (Filing No. 145) is unopposed and is therefore granted. Defendants' exhibits at Filing No. 127-2 and Filing No. 127-47 are hereby stricken from Defendants' Index of Evidence (Filing No. 127), as they were filed in error. The Court will consider the corrected exhibits at Filing No. 146 when ruling on Defendants' Motion for Partial Summary Judgment (Filing No. 125). Defendants' Motion for Extension of Time (Filing No. 147) to serve objections to the Plaintiffs' proposed facility tours is granted, as Plaintiffs do not object to the extension. Plaintiffs' Unopposed Motion for Extension of Time to File a Brief in Opposition to Defendants' Motion for Partial Summary Judgment (Filing No. 151) is granted. Plaintiffs shall have an extension of time to September 7, 2018 , to file their response to Defendants' Motion for Partial Summary Judgment (Filing No. 125). Defendants are granted an extension to September 21, 2018 , to file a Reply. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
GPO Oct 09 2018
ORDER - This matter is before the Court following a telephone conference held with counsel for the parties on October 5, 2018, to resolve two issues related to Plaintiffs' upcoming expert tours of the Nebraska Department of Correctional Services ("NDCS") facilities. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
GPO Oct 12 2018
AMENDED STIPULATED PROTECTIVE ORDER - In consideration of the proceedings held on October 5, 2018, by telephone with the parties, the Court's Order issued on October 10, 2018 (Filing 185), and upon review of the proposed Amended Stipulated Protective Order emailed to the undersigned magistrate judge's chambers, IT IS ORDERED that the parties' Amended Stipulated Protective Order is entered. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
GPO Nov 29 2018
ORDER - that the parties' Joint Stipulated Motion to Amend Order Setting Final Schedule for Progression (Filing No. 211) is granted, and the provisions of the Court's previous orders remain in effect, and in addition to those provisions, the following date changes shall apply: Motions for Class Certification. a. Any motion to certify this case as a class action shall be filed by February 19, 2019, in the absence of which any claim in the pleadings that this is a class action shall be deemed abandoned, and the case shall proceed, for purposes of Fed. R. Civ. P. 23, as if a motion for class certification had been filed and denied by the Court. b. Defendants shall file their response to Plaintiffs' class certification motion by April 26, 2019. c. Plaintiffs may file a reply by May 24, 2019. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
GPO Dec 27 2018
son. (LKO)STIPULATED PROTECTIVE ORDER REGARDING RECORDS OF DECEASED INMATES - that the Joint Motion for Entry of a Stipulated Protected Order is granted, and the parties' Stipulated Protective Order is entered. Ordered by Magistrate Judge Michael D. Nel
GPO Feb 22 2019
ORDER - IT IS ORDERED: Marshall Lux, Public Counsel's, Motion to Quash (Filing No. 108) is granted. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
GPO Feb 27 2019
MEMORANDUM AND ORDER that Defendants' Suggestion of Mootness and Motion to Dismiss Claims of Named Plaintiff R.P. (Filing No. 204) is granted. Named plaintiff R.P.'s claims are dismissed without prejudice. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
GPO Mar 06 2019
ORDER - Accordingly, the Court finds that Defendants may depose the experts disclosed by Plaintiffs in support of the motion for class certification about the opinions and factual bases expressed by the experts in the disclosed reports. As stated on the record during the telephone conference, the parties shall work to schedule the plaintiffs' expert depositions no earlier than, but as early as March 25, 2019. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
GPO Apr 11 2019
AMENDED PROGRESSION ORDER - This matter comes before the court on the parties' Joint Motion to Amend Case Progression Order (Filing No. 287). After review of the motion, the Court finds good cause to extend the case progression deadlines. The non-jury trial of this case is set to commence before Robert F. Rossiter, Jr., United States District Judge, in Courtroom 3, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 9, 2020, or as soon thereafter as the case may be called, for a duration of fifteen (15) trial days. This case is subject to the prior trial of other civil cases that may be scheduled for trial before this one. The Pretrial Conference is scheduled before the undersigned magistrate judge on February 28, 2020, at 10:00 a.m., and will be conducted in chambers. The parties proposed Pretrial Conference Order and Exhibit List(s) must be emailed to nelson@ned.uscourts.gov, in Word format, by 3:00 p.m. on February 21, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
GPO Jun 12 2019
AMENDED PROGRESSION ORDER - IT IS SO ORDERED: The Parties' Joint Motion to Amend Case Progression Order (Filing No. 336) is granted. The provisions of the Court's previous orders remain in effect, and in addition to those provisions, the following deadlines are suspended pending a ruling on the pending motions (Filing Nos. 125, 223, 247, 270, 280, 294) and will be re-set at a scheduling conference to occur within fourteen (14) days of the Court's order resolving the last of the pending motions listed above. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
GPO Aug 22 2019
ORDER - Defendants' Motion to Strike Expert Declarations (Filing No. 351) is denied. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
GPO Nov 26 2019
ORDER - This matter is set for oral arguments on all pending motions (Filing 125; Filing 176; Filing 223; Filing 247; Filing 270; Filing 280; Filing 292; Filing 395; Filing 420) on January 13, 2020, at 9:00 AM CST. The purpose of this Order is to set a schedule for oral arguments and to outline additional requested briefing. Finally, due to the extensive nature of the pending motions before the Court, the pretrial conference scheduled for February 28, 2020, and the trial set for March 9, 2020, are cancelled. Ordered by Judge Brian C. Buescher. (LKO)
GPO Jun 08 2020
MEMORANDUM AND ORDER - Defendants' Objection to Affidavits Submitted in Support of Summary Judgment (Filing 176) is denied; Defendants' Objection to the Magistrate Judge's Order Regarding Expert Witnesses (Filing 395) is denied; Defendants' Motion for Partial Summary Judgment Regarding Exhaustion of Administrative Remedies (Filing 125) is denied; Defendants' Motion for Partial Summary Judgment Regarding Life Sentences and Eighth Amendment Claims (Filing 292) is granted as to James Curtright, Richard Griswold, and Michael Gunther and is denied as to Zoe Rena and Jason Galle's Eighth Amendment claims; Defendants' Motion for Partial Summary Judgment Regarding Defendant Julie Micek (Filing 223) is granted and Micek is dismissed as a party to the lawsuit; Plaintiffs' Motion for Class Certification (Filing 247) is denied; Plaintiffs' Objection to Magistrate Judge's Order regarding COVID-19 Discovery (Filing 469) is denied; Plaintiffs' Motion for Reconsideration (Filing 270) regarding the mootness order on R.P. is granted; Defendants' Motions to Dismiss and Suggestions of Mootness regarding Brandon Sweetser and Angelic Norris (Filing 280, Filing 429) are granted and Sweetser and Norris are dismissed as parties to the case; and Defendants' Motion to Dismiss and Suggestion of Mootness regarding Zoe Rena (Filing 420) is denied. Ordered by Judge Brian C. Buescher. (LKO)
GPO Oct 06 2020
her. (LKO)MEMORANDUM AND ORDER - Defendants' Motion to Strike, Filing 490, is denied. Plaintiffs' Identification of Doe Defendants, Filing 500, is denied. The Doe defendants 1-20 are dismissed from this action. Ordered by Judge Brian C. Buesc
GPO Dec 01 2020
MEMORANDUM AND ORDER - Defendants' Motion to Dismiss and Suggestion of Mootness as to Zoe Rena, Filing 513 is granted. Zoe Rena is dismissed as a party to this case. The Motion to Withdraw, Filing 518, is denied as moot. Ordered by Judge Brian C. Buescher. (LKO)

1. ACLU files lawsuit claiming Nebraska prison system is overcrowded (nebraskaradionetwork.com)
Submitted Thu 08/17/2017
Docket last updated: 04/23/2024 11:59 PM CDT
Tuesday, December 01, 2020
521 521 order Judgment Tue 12/01 11:40 AM
JUDGMENT - This matter is before the Court on the parties' Joint Stipulation for Dismissal (Filing519 ). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this case is dismissed without prejudice, each party to bear its own fees and costs. Additionally, the Motion to Compel Production of Documents, Filing497 , which was pending at the time of the filing of the stipulation is denied as moot. Ordered by Judge Brian C. Buescher. (LKO)
Related: [-]
520 520 2 pgs order Memorandum and Order ~Util - Terminate Motion and R&R Deadlines/Hearings ~Util - Add and Terminate Parties Tue 12/01 11:39 AM
MEMORANDUM AND ORDER - Defendants' Motion to Dismiss and Suggestion of Mootness as to Zoe Rena, Filing513 is granted. Zoe Rena is dismissed as a party to this case. The Motion to Withdraw, Filing518 , is denied as moot. Ordered by Judge Brian C. Buescher. (LKO)
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Monday, November 30, 2020
519 519 motion Stipulation of Dismissal Mon 11/30 9:40 PM
JOINT STIPULATION FOR DISMISSAL by Attorney Robert E. McEwen on behalf of Plaintiffs Dylan Cardeilhac, James Curtright, Jason Galle, Richard Griswold, Michael Gunther, Angelic Norris, R. P., Isaac Reeves, Hannah Sabata, Brandon Sweetser.(McEwen, Robert)
Related: [-]
518 518 motion Withdraw as Attorney Mon 11/30 9:29 PM
MOTION to Withdraw as Attorney On Behalf of Zoe Rena by Attorney Adam J. Sipple on behalf of Plaintiff Zoe Rena.(Sipple, Adam)
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Att: 1 Affidavit In Support of Motion to Withdraw