Swanson et al v. Hilgers et al
| Nebraska District Court | |
| Judge: | Robert F Rossiter, Jr |
| Referred: | Jacqueline M Deluca |
| Case #: | 4:24-cv-03072 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 16, 2024 |
| Terminated: | Sep 09, 2024 |
| Last checked: Sunday Oct 13, 2024 4:05 AM CDT |
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Defendant
Mike Hilgers
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Represented By
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Defendant
Charity Menefee
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Represented By
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Plaintiff
Oneida Health, LLC
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Represented By
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Plaintiff
Heather Swanson
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Represented By
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GPO
Sep 09 2024
MEMORANDUM AND ORDER that defendants Mike Hilgers and Charity Menefee's Motion to Dismiss (Filing No. 11) is granted in part and denied in part. Plaintiffs Heather Swanson and Oneida Health, LLC's first-party claims are dismissed with prejudice. Their purported third-party claims for their prospective customers are denied without prejudice to any claim those customers might raise on their own. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF) |
| Docket last updated: 27 minutes ago |
| Friday, January 31, 2025 | ||
| 31 | 31
appeal
Copy of Order from USCA
Fri 01/31 9:21 AM
COPY of Order from USCA - 8th Circuit 24-3027 The motion to withdraw is granted. Erik W. Fern is hereby granted leave to withdraw. (MKR) |
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| Friday, January 24, 2025 | ||
| 30 | 30
appeal
Copy of Order from USCA
Fri 01/24 9:48 AM
COPY of Order from USCA - 8th Circuit 24-3027 The motion to withdraw is granted. Eric James Hamilton has been granted leave to withdraw from this case. (LKO) |
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| Friday, October 11, 2024 | ||
| 29 | 29
order
Order on Motion to Withdraw as Attorney
Fri 10/11 1:24 PM
TEXT ORDER granting28 Motion to Withdraw as Attorney. Erik W. Fern is withdrawn as counsel of record for Defendants and will no longer receive notice in this case. Ordered by Magistrate Judge Jacqueline M. DeLuca. (TMM) |
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| 28 | 28
motion
Withdraw as Attorney
Fri 10/11 10:45 AM
MOTION to Withdraw as Attorney by Attorney Erik W. Fern on behalf of Defendants Mike Hilgers, Charity Menefee.(Fern, Erik) |
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| 27 | 27
notice
Notice of Appearance
Fri 10/11 10:44 AM
NOTICE of Appearance by Attorney Scott R. Straus on behalf of Defendants Mike Hilgers, Charity Menefee (Straus, Scott) |
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| Thursday, October 03, 2024 | ||
| 26 | 26
appeal
Scheduling Letter
Thu 10/03 4:21 PM
SCHEDULING LETTER from USCA - 8th Circuit 24-3027 as to Notice of Appeal to USCA23 . (LKO) |
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| 25 | 25
oth_evt
Letter by Clerk/Transmittal Letter
Thu 10/03 4:20 PM
Letter by Clerk of USCA - 8th Circuit 24-3027 regarding Notice of Appeal to USCA23 . (LKO) |
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| 24 | 24
appeal
Notification of Appeal and NOA Supplement
Thu 10/03 1:21 PM
NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA23 and Memorandum and Order22 . Notice of Appeal filed on 10/3/24 by Plaintiffs Oneida Health, LLC and Heather Swanson. (LKO) |
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| 23 | 23
appeal
Notice of Appeal to USCA
Thu 10/03 12:03 PM
NOTICE OF APPEAL regarding Memorandum and Order,, Terminate Motion and R&R Deadlines/Hearings,, Terminated Case,22 by Attorney Joshua W. Polk on behalf of Plaintiffs Oneida Health, LLC, Heather Swanson. Filing fee $ 605, receipt number ANEDC-5173780. (Polk, Joshua) |
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| Monday, September 09, 2024 | ||
| 22 | 22
13
pgs
order
Memorandum and Order ~Util - Terminate Motion and R&R Deadlines/Hearings ~Util - Terminate Civil Case
Mon 09/09 4:05 PM
MEMORANDUM AND ORDER that defendants Mike Hilgers and Charity Menefee's Motion to Dismiss (Filing No.11 ) is granted in part and denied in part. Plaintiffs Heather Swanson and Oneida Health, LLC's first-party claims are dismissed with prejudice. Their purported third-party claims for their prospective customers are denied without prejudice to any claim those customers might raise on their own. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF) |
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| Friday, September 06, 2024 | ||
| 21 | 21
notice
Notice (Other)
Fri 09/06 10:10 AM
NOTICE of Additional Authority by Attorney Erik W. Fern on behalf of Defendants Mike Hilgers, Charity Menefee(Fern, Erik) |
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Att: 1
Supplement Opinion of Nebraska Supreme Court
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| Tuesday, July 09, 2024 | ||
| 20 | 20
oth_doc
Reply Brief
Tue 07/09 5:06 PM
REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 11 by Attorney Erik W. Fern on behalf of Defendants Mike Hilgers, Charity Menefee.(Fern, Erik) |
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| Wednesday, July 03, 2024 | ||
| 19 | 19
order
Order on Motion to Extend
Wed 07/03 3:41 PM
TEXT ORDER granting18 Defendants' Unopposed Motion for Extension of Time. Defendants may reply in support of their Motion to Dismiss11 on or before July 9, 2024. Ordered by Magistrate Judge Jacqueline M. DeLuca. (KLM) |
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| 18 | 18
motion
Extend
Wed 07/03 1:19 PM
UNOPPOSED MOTION for Extension of Time to File a Reply Brief by Attorney Erik W. Fern on behalf of Defendants Mike Hilgers, Charity Menefee.(Fern, Erik). Modified on 7/3/2024 to correct event type. (KLM) |
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| Thursday, June 27, 2024 | ||
| 17 | 17
oth_doc
Brief
Thu 06/27 2:16 PM
BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 11 by Attorney Joshua W. Polk on behalf of Plaintiffs Oneida Health, LLC, Heather Swanson.(Polk, Joshua) |
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| Friday, June 14, 2024 | ||
| 16 | 16
order
Order on Motion to Extend
Fri 06/14 3:54 PM
TEXT ORDER granting15 Unopposed Motion to Extend. The deadline for Plaintiff to respond to Defendants' motion to dismiss is June 27, 2024. Any reply shall be filed in accordance with the local rules. Ordered by Magistrate Judge Jacqueline M. DeLuca. (TMM) |
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| 15 | 15
motion
Extend
Fri 06/14 12:32 PM
UNOPPOSED MOTION to Extend Breif Deadline by Attorney Joshua W. Polk on behalf of Plaintiffs Oneida Health, LLC, Heather Swanson.(Polk, Joshua) Modified on 6/14/2024 to correct event type (MKR) |
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| Thursday, June 06, 2024 | ||
| 14 | 14
service
Summons Returned Executed
Thu 06/06 12:09 PM
SUMMONS Returned Executed upon defendant Charity Menefee on 4/24/2024. (Polk, Joshua) |
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| Monday, June 03, 2024 | ||
| 13 | 13
service
Summons Returned Executed
Mon 06/03 11:03 AM
SUMMONS Returned Executed upon defendant Mike Hilgers on 4/24/2024. (Polk, Joshua) |
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| Wednesday, May 29, 2024 | ||
| 12 | 12
oth_doc
Brief
Wed 05/29 4:32 PM
BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 11 by Attorney Erik W. Fern on behalf of Defendants Mike Hilgers, Charity Menefee.(Fern, Erik) |
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| 11 | 11
motion
Dismiss for Failure to State a Claim
Wed 05/29 4:22 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Erik W. Fern on behalf of Defendants Mike Hilgers, Charity Menefee.(Fern, Erik) |
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| Wednesday, May 15, 2024 | ||
| 10 | 10
order
Order on Motion for Extension of Time to File Responsive Pleading
Wed 05/15 10:19 AM
TEXT ORDER granting9 Unopposed Motion for Extension of Time to File a Responsive Pleading. Defendants Mike Hilgers and Charity Menefee shall file an answer or other responsive pleading on or before May 29, 2024. Ordered by Magistrate Judge Jacqueline M. DeLuca. (TMM) |
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| 9 | 9
motion
Extension of Time to File Responsive Pleading
Wed 05/15 9:20 AM
UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Erik W. Fern on behalf of Defendants Mike Hilgers, Charity Menefee.(Fern, Erik) |
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| Thursday, May 02, 2024 | ||
| 8 | 8
notice
Notice of Appearance
Thu 05/02 1:43 PM
NOTICE of Appearance of Counsel by Attorney Erik W. Fern on behalf of Defendants Mike Hilgers, Charity Menefee (Fern, Erik) |
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| Tuesday, April 23, 2024 | ||
| 7 | 7
oth_doc
Corporate Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1
Tue 04/23 1:33 PM
CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Joshua W. Polk on behalf of Plaintiffs Heather Swanson, Oneida Health, LLC.(Polk, Joshua) |
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| Thursday, April 18, 2024 | ||
| 6 | 6
service
Summons Issued
Thu 04/18 9:42 AM
Summons Issued as to defendant Mike Hilgers, Charity Menefee. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JES) |
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| 5 | 5
service
Summons Requested
Thu 04/18 7:39 AM
Summons Requested as to Charity Menefee regarding Complaint,1 . (Polk, Joshua) |
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| 4 | 4
service
Summons Requested
Thu 04/18 7:32 AM
Summons Requested as to Mike Hilgers regarding Complaint,1 . (Polk, Joshua) |
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| Wednesday, April 17, 2024 | ||
| 3 | 3
notice
Notice Regarding Corporate Disclosure Statement
Wed 04/17 11:52 AM
TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Oneida Health, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (JES) |
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| 2 | 2
oth_evt
Assignment of Judges
Wed 04/17 11:49 AM
TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Robert F. Rossiter, Jr. and Magistrate Judge Jacqueline M. DeLuca assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (JES) |
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| Tuesday, April 16, 2024 | ||
| 1 | 1
cmp
Complaint
Tue 04/16 1:28 PM
COMPLAINT against Mike Hilgers, Charity Menefee ( Filing fee $ 405, receipt number ANEDC-5071210), by Attorney Joshua W. Polk on behalf of Heather Swanson, Oneida Health, LLC(Polk, Joshua) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons,
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Att: 3
Summons
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