Nebraska District Court
Judge:John M Gerrard
Referred: Susan M Bazis
Case #: 8:18-cv-00173
Nature of Suit950 Other Statutes - Constitutionality of State Statutes
Cause28:1331 Fed. Question
Case Filed:Apr 20, 2018
Terminated:Apr 27, 2023
Last checked: Wednesday Oct 17, 2018 4:14 AM CDT
Defendant
Tony Fulton
Represented By
Joshua E. Dethlefsen
Attorney General'S Office - Nebraska
contact info
Meghan E. Stoppel
Attorney General'S Office - Nebraska
contact info
Daniel J. Muelleman
Attorney General'S Office - Nebraska
contact info
Defendant
Douglas J. Peterson
Represented By
Joshua E. Dethlefsen
Attorney General'S Office - Nebraska
contact info
Meghan E. Stoppel
Attorney General'S Office - Nebraska
contact info
Daniel J. Muelleman
Attorney General'S Office - Nebraska
contact info
Plaintiff
HCI Distribution, Inc.
Represented By
Nicole E. Ducheneaux
Fredericks, Peebles Law Firm - Omaha
contact info
Joseph V. Messineo
Fredericks, Peebles Law Firm - Omaha
contact info
Plaintiff
Rock River Manufacturing, Inc.
Represented By
Nicole E. Ducheneaux
Fredericks, Peebles Law Firm - Omaha
contact info
Joseph V. Messineo
Fredericks, Peebles Law Firm - Omaha
contact info
TERMINATED PARTIES
Intervenor Defendant
USA
Terminated: 08/02/2018
Represented By
Lesley A. Woods
U.S. Attorney'S Office - Lincoln
contact info

GPO Jun 15 2018
ORDER - This matter is before the Court on its own motion pursuant to 28 U.S.C. ' 455(a), which states: Any... judge... of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. Upon review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse himself from the above-designated case pursuant to 28 U.S.C. ' 455(a). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
GPO Dec 19 2018
ORDER granting in part and denying in part the 27 Motion to Dismiss for Failure to State a Claim. The plaintiffs' equal protection claim is dismissed. This matter is referred to the Magistrate Judge for case progression. Ordered by Chief Judge John M. Gerrard. (KMG)
GPO Jan 25 2019
ed by Magistrate Judge Susan M. Bazis. (LKO)AMENDED SCHEDULING ORDER - This matter is before the Court on the Unopposed Oral and Email Motion of the parties to amend Scheduling Order deadlines. (Filing No. 39.) The Motion is granted. Rule 26 Meeting Report Deadline set for 3/6/2019. Order
GPO Jun 05 2019
ORDER - The Parties' Stipulation (Filing No. 50) is approved and adopted. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
GPO Sep 12 2019
PROTECTIVE ORDER - Upon consideration of the parties' joint request for entry of a Protective Order (Filing No. 59), the Court enters the following Protective Order governing the disclosure of confidential Discovery Material by a Producing Party to a Receiving Party in this Action. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
GPO Apr 07 2021
ORDER Defendants' Motion to Compel and Motion for a Protective Order (Filing No. 85) is granted, in part, as set out above. Plaintiffs shall respond to Interrogatory Nos. 14 and 16 by May 7, 2021. Defendants may revise and re-serve Interrogatory Nos. 11 and 13 in accordance with guidance set out in this Order. The revised requests shall be served no later than May 7, 2021. A telephone status conference will be held on April 23, 2021 at 2:00 p.m. before Magistrate Judge Susan M. Bazis. The remaining case progression deadlines will be set during the status conference. The parties shall submit joint proposed case progression deadlines to bazis@ned.uscourts.gov by 12:00 p.m. on April 21, 2021. Case conference instructions are found at Filing No. 38. Ordered by Magistrate Judge Susan M. Bazis. (LRM)
GPO Apr 04 2022
ings remains as scheduled before the undersigned magistrate judge by telephone on May 17, 2022 at 2:00 p.m. Ordered by Magistrate Judge Susan M. Bazis. (TCL)SECOND AMENDED FINAL PROGRESSION ORDER - THIS MATTER is before the Court on the parties' Motion for Extension of Deadline to Complete Written Discovery, To Compel, For Depositions and for Filing Motions for Summary Judgment. The motion will be granted, in part. Depositions due August 29, 2022. The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference sett
GPO Apr 27 2023
MEMORANDUM AND ORDER - The plaintiffs' motion for summary judgment (filing 123) is granted in part and denied in part. The defendants' motion for summary judgment (filing 129) is granted in part and denied in part. The defendants and their successors are permanently enjoined from enforcing the escrow and bond payment requirements for sales by the plaintiffs on the Winnebago Reservation. The Winnebago Tribe of Nebraska's motion to intervene on condition (filing 164) and the defendants' motion for a hearing (filing 169) are denied as moot. The defendants' motion to strike (filing 154) is denied as moot. The Clerk of the Court is directed to substitute Mike Hilgers, Nebraska Attorney General, and Glen A. White, Interim Nebraska Tax Commissioner, as the defendants pursuant to Fed. R. Civ. P. 25(d)(1). This case is closed. A separate judgment will be entered. Ordered by Senior Judge John M. Gerrard. (JES)

1. Ho-Chunk entities sue Nebraska officials over tobacco laws (journalstar.com)
Submitted Tue 04/24/2018
Docket last updated: 04/18/2024 11:59 PM CDT
Monday, December 11, 2023
194 194 appeal Copy of Order from USCA Mon 12/11 2:12 PM
COPY of Order from USCA - 8th Circuit 23-2311 . The motion to withdraw as counsel is granted. John J. Schoettle is granted leave to withdraw from this case. (JES)
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