U.S. District Courts - Nebraska ©   Coverage   Help   Search Westlaw   Topic: AllCivil RightsCommercial Law & ContractsCriminal JusticeEducationFinance & BankingFirst AmendmentGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsPension & Retirement BenefitsTransportation UNITED STATES of America, Plaintiff, v. $104,160.00 IN UNITED STATES CURRENCY, Defendant. , D.Neb., November 17, 2009 Nancy A. Svoboda, Assistant United States Attorney, Omaha, NE, for Plaintiff. Jason E. Troia, Dornan, Lustgarten Law Firm, Omaha, NE, for Defendant. MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court pursuant to claimants Brontelle Mosley and Nola Mease Mosley's request for attorney fees. Filing No. 28. The government has not responded to this request. On or about August 28, 2008, law enforcement seized $104,160.00 from the claimants alleging the m... Mr. Ivan L. MENDEZ, Plaintiff, v. IMMIGRATION and NATURALIZATION SERVICES QUARTERS, Defendant. , D.Neb., November 17, 2009 Ivan L. Mendez, Smyrna, DE, pro se. ORDER LYLE E. STROM, Senior District Judge. This matter is before the Court on plaintiff's motion for leave to proceed in forma pauperis ("IFP")(Filing No. 2). The Court has received a certified copy of plaintiff's trust account information (Filing No. 5). Plaintiff will be permitted to proceed IFP. Pursuant to the Prison Litigation Reform Act, a prisoner plaintiff is required to pay the full amount of the court's $350.00 filing fee by making month... James P. OLSEN, Plaintiff, v. CITY OF OMAHA, Defendant. , D.Neb., November 17, 2009 Benjamin M. Belmont, Benjamin M. Belmont, Jessica E. Finkle, Jason C. Demman, Brodkey, Cuddigan Law Firm, Omaha, NE, for Plaintiff. Bernard J. In Den Bosch, Omaha, NE, for Defendant. ORDER F.A. GOSSETT, United States Magistrate Judge. Plaintiff filed this action on June 12, 2008 to enforce his right to wages and overtime under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. ("FLSA"). The original May 5, 2009 trial date was continued to July 14, 2009 after the parties advised th... Beverly J. HILL and Busy Scrappin' LLC, Plaintiff, v. The ANTIOCH COMPANY, Defendant. , D.Neb., November 17, 2009 Mary K. O'Connor, Steven M. Delaney, Tara A. Stingley, Cline, Williams Law Firm, Omaha, NE, for Plaintiff. Jason J. Stover, Gray, Plant Law Firm, Minneapolis, MN, William J. Birkel, McGrath, North Law Firm, Omaha, NE, for Defendant. MEMORANDUM OPINION LYLE E. STROM, Senior District Judge. This matter is before the Court on plaintiffs Beverly Hill and Busy Scrappin' LLC's ("Busy Scrappin' ") complaint and application to stay or dismiss arbitration proceedings commenced by defendant (F... Keith M. RAML, Plaintiff, v. CREIGHTON UNIVERSITY, Defendant. , D.Neb., November 17, 2009 Steven H. Howard, Dowd Howard & Corrigan LLC, Omaha, NE, for Plaintiff. Thomas F. Hoarty, Jr., Byam, Hoarty Law Firm, Omaha, NE, for Defendant. MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Court. This matter is before the Court on the Defendant's Statement of Appeal of Magistrate Judge's Order (Filing No. 65). Defendant Creighton University ("Creighton") objects to the Order of Magistrate Judge F.A. Gossett (Filing 60), granting in part and denying in part Creighton's Motion for Prot... WHITE CAP CONSTRUCTION SUPPLY, INC., Plaintiff, v. TIGHTON FASTENER AND SUPPLY CORPORATION d/b/a Tighton Tools & Fasteners, Inc.; Matt Updike; Mike Neneman; Rich White; Greg Asche; Jason Jarzynka; and Bill Shumaker, Defendants. , D.Neb., November 13, 2009 Gillian G. O'Hara, Marcia A. Washkuhn, Kutak, Rock Law Firm, Omaha, NE, for Plaintiff. Clay M. Rogers, Kevin J. McCoy, Smith, Gardner Law Firm, David J. Koukol , Karisa D. Johnson, Engdahl, Koukol Law Firm, Omaha, NE, for Defendants. MEMORANDUM AND ORDER F.A. GOSSETT, United States Magistrate Judge. On February 25, 2009, the plaintiff's ("White Cap") claims against Individual Defendants (Matt Updike, Mike Neneman, Rich White, Greg Asche, Jason Jarzynka, Bill Shumaker) were stayed in th... UNITED STATES of America, Plaintiff, v. Jeremy S. NOE, a/k/a Jeremy S. Bennett-Noe, Defendant. , D.Neb., November 13, 2009 Michael P. Norris, Assistant United States Attorney, Omaha, NE, for Plaintiff. James K. McGough, McGough Law Firm, Omaha, NE, for Defendant. SENTENCING MEMORANDUM JOSEPH F. BATAILLON, Chief District Judge. This matter is before the court for sentencing. This memorandum opinion supplements findings made on the record at a sentencing hearing on September 25, 2009. I. FACTS The defendant was charged in Count I of the Indictment with knowingly receiving and distributing visual depicti... UNITED STATES of America, Plaintiff, v. Gerardo HERNANDEZ-VASQUEZ, Defendant. , D.Neb., November 13, 2009 Andrea E. Belgau, Assistant United States Attorney, Omaha, NE, for Plaintiff. James J. Regan, Omaha, NE, for Defendant. MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on the defendant's objections, Filing No. 35, to the report and recommendation ("R & R") of the magistrate judge, Filing No. 32, concerning the defendant's motion to suppress, Filing No. 24. Count I of the Indictment charges the defendant with knowingly and intentionally possessin... Steven NAPOLITANO, Plaintiff, v. OMAHA AIRPORT AUTHORITY and Gary Schott, named in his individual and official capacities, Defendants. , D.Neb., November 13, 2009 Douglas L. Steele, Kurt T. Rumsfeld, Megan K. Mechak, Thomas A. Woodley, Woodley, McGillivary Law Firm, Washington, DC, John E. Corrigan, Dowd, Howard Law Firm, Omaha, NE, for Plaintiff. A. Stevenson Bogue, J. Scott Paul, Jennifer R. Deitloff, Michaela A. Smith, McGrath, North Law Firm, Omaha, NE, for Defendants. MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. This matter is before the Court on the Plaintiff Steven Napolitano's Motion in Limine to Exclude Testimony of David L. Be... Wolfgang RUST, and Bobby Conn, Plaintiffs, v. NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES RELIGION STUDY COMMITTEE, et al., Defendants. , D.Neb., November 12, 2009 Wolfgang Rust, Lincoln, NE, pro se. Bobby Conn, Lincoln, NE, pro se. Ryan C. Gilbride, Attorney General's Office, Lincoln, NE, for Defendants. MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. This matter is before the court on Defendants' Motion for Summary Judgment. (Filing No. 46.) Also pending is Plaintiffs' Motion to Compel Discovery (Filing No. 56) and Plaintiffs' Motion to Extend Time to Respond to Defendants' Motion for Summary Judgment (Filing No. 61). As set forth belo... Niccole A. WETHERELL, Petitioner, v. John DAHM, Respondent. , D.Neb., November 12, 2009 Niccole A. Wetherell, York, NE, pro se. Kimberly A. Klein, Attorney General's Office, Lincoln, NE, for Respondent. MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. On September 1, 2009, the court dismissed Petitioner's habeas corpus claims with prejudice and entered judgment against her. (Filing Nos. 20 and 21.) Petitioner filed a timely Notice of Appeal of the court's Judgment on September 29, 2009. (Filing No. 22.) Before Petitioner may appeal the dismissal of her Petition fo... Violet I. KISSEL, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , D.Neb., November 12, 2009 Gregory W. Peterson, Elverson, Vasey Law Firm, Des Moines, IA, for Plaintiff. Robert L. Homan, Assistant United States Attorney, Omaha, NE, for Defendant. MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on plaintiff's motion for attorney fees, Filing No. 27. This court entered judgment in this case in favor of the plaintiff on August 20, 2009. Filing No. 26. The case was remanded to the Commissioner for a determination of benefits payable to the... Michael Joseph SIMS, Petitioner, v. Robert HOUSTON, Director, Respondent. , D.Neb., November 10, 2009 Michael Joseph Sims, Lincoln, NE, pro se. George R. Love, Attorney General's Office, Lincoln, NE, for Respondent. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. This matter is before the court on Petitioner Michael Sims' ("Sims") Motion for Certificate of Appealability (filing no. 61) and Motion for Leave to Appeal in Forma Pauperis ("IFP") (filing no. 62). On May 19, 2009, Sims filed a Motion for Relief from Judgement ("Rule 60(b) Motion") challenging the court's progression o... Kayoka CHAMBERS, Plaintiff, v. STAFF-MID AMERICA, Defendant. , D.Neb., November 10, 2009 Kayoka Chambers, Omaha, NE, pro se. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. This matter is before the court on Plaintiff's Motion for Reconsideration. (Filing No. 12.) In this Motion, Plaintiff seeks reconsideration of the court's September 23, 2009 Memorandum and Order and Judgment which dismissed this matter because the court lacked subject matter jurisdiction over Plaintiff's claims. (Filing Nos. 8 and 11.) The court has carefully reviewed the record and finds no good cause... MILLER INSULATION, CO., a North Dakota corporation, Plaintiff, v. BEATRICE BIODIESEL, LLC, a Nebraska limited liability company, and Ryan & Associates, Inc., an Iowa corporation, Defendants. , D.Neb., November 10, 2009 Kelly R. Hoffschneider, Stephen D. Mossman, Mattson, Ricketts Law Firm, Lincoln, NE, for Plaintiff. John L. Horan, Cline, Williams Law Firm, Lincoln, NE, Brittney J. Krause, David S. Houghton, Robert W. Mullin, Lieben, Whitted Law Firm, Omaha, NE, for Defendant. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. This matter is before the court on Plaintiff Miller Insulation Co ., Inc.'s ("Miller") motion for partial summary judgment (filing 35 ) and Defendant Ryan & Associates, Inc.'s... Harry R. FOWLER, Plaintiff, v. WERNER ENTERPRISES, Defendant. , D.Neb., November 10, 2009 MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. This matter is before the court on Defendant's Motion for Summary Judgment. (Filing No. 34.) As set forth below, the Motion is granted and this matter is dismissed with prejudice. I. BACKGROUND Plaintiff Harry R. Fowler ("Fowler") filed his Complaint against Defendant Werner Enterprises ("Werner") in the U.S. District Court for the District of Colorado on October 3, 2008. (Filing No. 1.) Summarized, Plaintiff alleges that Defendant discr... Mark MURPHY, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , D.Neb., November 9, 2009 Mary P. Clarkson, Broom, Johnson Law Firm, Omaha, NE, for Plaintiff. Robert L. Homan, Assistant United States Attorney, Omaha, NE, for Defendant. MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. This matter is before the Court on the denial, initially and on reconsideration, of the Plaintiff's disability insurance ("disability") benefits under the Social Security Act ("Act"), 42 U.S.C. §§ 401, et seq., and supplemental security income ("SSI") benefits under Title XVI of the Act, 4... Bobbi ROUSSEAU, Plaintiff, v. THERMO KING CORPORATION, a Delaware corporation, Defendant. , D.Neb., November 6, 2009 Bobbie Lynn Rousseau, Hastings, NE, pro se. Michaelle L. Baumert, Monica K. Hoppe, Husch, Blackwell Law Firm, Omaha, NE, for Defendant. MEMORANDUM OPINION LYLE E. STROM, Senior District Judge. This matter is before the Court on defendant's motion to dismiss (Filing No. 6). The motion will be granted in part. I. BACKGROUND AND SUMMARY OF COMPLAINT Plaintiff filed her complaint against defendant on May 27, 2009, in Adams County, Nebraska, District Court. [FN1] (Filing No. 1-2, Attach... Tim DEMPSEY, Plaintiff, v. CITY OF OMAHA, a municipal corporation; Michael G. Fahey, Individually and in his Official Capacity; Paul Landow, Individually and in his Official Capacity; and Tom Marfisi, Individually and in his Official Capacity, Defe, D.Neb., November 6, 2009 Michael J. Dyer, Dyer Law Office, Omaha, NE, Jerold V. Fennell, Fennell Law Firm, Elm Grove, WI, for Plaintiff. Alan M. Thelen, Michelle A. Peters, City of Omaha, Omaha, NE, for Defendants. MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. This matter is before the Court on the Defendants' Motion for Summary Judgment (Filing No. 72), Motion in Limine (Filing No. 61), and Motion to Continue Trial (Filing No. 85). The Court finds that Defendants' Motion for Summary Judgment should be... Pamela PARKINS, on behalf of Calvin L. PARKINS, deceased, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Neb., November 5, 2009 Gregory W. Peterson, Elverson, Vasey Law Firm, Des Moines, IA, for Plaintiff. Lynnett M. Wagner, Assistant United States Attorney, Omaha, NE, for Defendant. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. Claimant Calvin L. Parkins ("Parkins") suffered a subarachnoid hemorrhage during the pendency of this social security action, and he passed away on October 25, 2007. Social Security Transcript ("TR") at 103. Pamela Parkins has been substituted as the named plaintiff, (TR 106),... Jamaal A. McNEIL, Plaintiff, v. UNITED STATES of America, the, Defendant. , D.Neb., November 5, 2009 Jamaal A. McNeil, Pekin, IL, pro se. MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing no. 2) and other motions filed by Plaintiff. In at least five cases prior to this matter, Plaintiff has been informed that, on three previous occasions while incarcerated, he filed a complaint that was frivolous, malicious, or failed to state a claim upon which relief may be granted. [FN1] Therefor... UNITED STATES of America, Plaintiff, v. Steven J. GRAY, Defendant. , D.Neb., November 4, 2009 Bruce W. Gillan, Assistant United States Attorney, Lincoln, NE, for Plaintiff. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. The defendant has moved to suppress evidence of cocaine found during a vehicle search conducted on January 26, 2006. Filing No. 19. The defendant claims the vehicle search was unlawful under the Court's decision in Arizona v. Gant, 129 S.Ct. 1710 (2009). The government's responsive brief raised collateral estoppel and good faith defenses, and the defendant... Charvette WILLIAMS, Plaintiff, v. DAKOTA COUNTY BOARD OF COMMISSIONERS, Dakota County Department of Corrections, Rodney Herron, in his official capacity and personally, County of Dakota, Nebraska, and James L. Wagner, Dakota County Sheriff in his o, D.Neb., November 4, 2009 Brian E. Buckmeier, Buckmeier, Daane Law Firm, Sioux City, IA, Dewey P. Sloan, Jr., Sloan Law Firm, Le Mars, IA, for Plaintiff. Vincent Valentino, Lincoln, NE, Charles W. Campbell, Angle, Murphy Law Firm, York, NE, for Defendants. MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on defendants' motion to dismiss, Filing No. 6; motion for extension of time, Filing No. 9; appeal from the magistrate's order, Filing No. 13; motion to strike amended co... John Maxwell MONTIN, Plaintiff, v. Bill GIBSON, CEO, Mary Sullivan, and Mark Ostrander, Defendants. , D.Neb., November 3, 2009 John Maxwell Montin, Lincoln, NE, pro se. Michael J. Rumbaugh, Attorney General's Office, Lincoln, NE, for Defendants. MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. This matter is before the court on Defendants' Motion to Dismiss. (Filing No. 22.) As set forth below, the Motion is granted. I. Sovereign Immunity Defendants argue that they are entitled to sovereign immunity from the claims for monetary relief brought against them in their official capacities. (Filing No. 23 a... Charlie B. BUSH Jr., Plaintiff, v. Donald BRANDT, and Lancaster County Jail, Defendants. , D.Neb., November 3, 2009 Charlie B. Bush, Jr., Lincoln, NE, pro se. MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. This matter is before the court on Plaintiff's Motion for Leave to Appeal In Forma Pauperis. (Filing No. 12.) Plaintiff is a prisoner and has previously been granted leave to proceed IFP in this matter. (Filing No. 7.) As set forth in Federal Rule of Appellate Procedure 24(a)(3): (a) Leave to Proceed in Forma Pauperis.... (3) Prior Approval. A party who was permitted to proceed in f... Bobbi ROUSSEAU, Plaintiff, v. THERMO KING CORPORATION, a Delaware corporation, Defendant. , D.Neb., November 3, 2009 Bobbi Lynn Rousseau, Hastings, NE, pro se. Michaelle L. Baumert, Monica K. Hoppe, Husch, Blackwell Law Firm, Omaha, NE, for Defendant. MEMORANDUM OPINION LYLE E. STROM, Senior District Judge. This matter is before the Court on defendant's motion to dismiss (Filing No. 17). The motion will be granted. I. BACKGROUND AND SUMMARY OF COMPLAINT Plaintiff filed her complaint against defendant on May 26, 2009. [FN1] (Filing No. 1.) She alleges that she is an employee of defendant's, and i... Paul CASTONGUAY Sr., Plaintiff, v. DEPARTMENT OF HEALTH & HUMAN SERVICE, Defendant. , D.Neb., November 3, 2009 Paul Castonguay, Sr., Omaha, NE, pro se. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. This matter is before the court on Plaintiff's Motion to Reopen which the court liberally construes as a Motion for Reconsideration. (Filing No. 10.) In his Motion, Plaintiff seeks reconsideration of the court's September 9, 2009 Memorandum and Order and Judgment which dismissed this matter because Plaintiff's claims were barred by the Eleventh Amendment. (Filing Nos. 8 and 9.) The court has caref... Charlie B. BUSH Jr., Plaintiff, v. Connie OSBORN, Coordinated Work Release, and Michael Thurber, Director, Defendants. , D.Neb., November 3, 2009 Charlie B. Bush, Jr., Lincoln, NE, pro se. MEMORANDUM AND ORDER WARREN K. URBOM, Senior District Judge. This matter is before the court on its own motion. On August 26, 2009, the court conducted an initial review of the plaintiff's Complaint and found that the plaintiff failed to state a claim upon which relief may be granted as to both claims asserted. (Filing No. 9.) However, the court permitted the plaintiff the opportunity to amend. With respect to the plaintiff's equal protection claim... UNITED STATES of America, Plaintiff, v. Yesenia Millan GONZALEZ, Defendant. , D.Neb., November 2, 2009 MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. This matter is before me for initial review [FN1] of a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (filing 104), filed by the defendant, Yesenia Millan Gonzalez, who complains that she has not received a promised reduction of sentence for substantial assistance. Although the government has since filed a Rule 35(b) motion, the filing was not made within one year of sentencing, as ... EXPERIAN MARKETING SOLUTIONS, INC., a Delaware Corporation, et al., Plaintiffs, v. U.S. DATA CORPORATION, a Nebraska Corporation, et al., Defendants. , D.Neb., November 2, 2009 Carrie A. Hall, Michael, Best Law Firm, Chicago, IL, Paul E. Benson, Michael, Best Law Firm, Milwaukee, WI, Richard P. Jeffries, Cline, Williams Law Firm, Omaha, NE, for Plaintiffs. Brian T. McKernan, Patrick E. Brookhouser, Jr., Tracy L. Deutmeyer, McGrath, North Law Firm, Omaha, NE, for Defendants. MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. This matter is before the Court on the Defendants' Motion for Reconsideration (Filing No. 55). For the reasons set forth below Defenda... Henry MARION, Individually and on Behalf of All Others Similarly Situated, as Class Representative, and Ernest Webster, Individually and on Behalf of All Others Similarly Situated, as Class Representative, Plaintiffs, v. WERNER ENTERPRISES, INC., a, D.Neb., November 2, 2009 MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on plaintiffs' objection, Filing No. 60, to the report and recommendation of the magistrate judge, Filing No. 59. Plaintiffs filed a motion for class certification pursuant to Fed.R.Civ.P. 23. Plaintiffs bring this action in their capacities as individuals as well as class representatives on behalf of current and former similarly situated truck drivers employed by the defendants. The causes of action ag... Willis Allen YORK, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant. , D.Neb., October 30, 2009 ORDER LYLE E. STROM, Senior Judge. This matter is before the Court on defendant Union Pacific Railroad Company's ("Union Pacific"), motion for leave to conduct supplemental deposition and for Rule 35 examinations (Filing No. 84 ). Upon review of the motion, the parties' briefs and evidentiary submissions, and the applicable law, the Court finds Union Pacific's motion should be granted in part and denied in part. BACKGROUND Plaintiff brought this action pursuant to the Federal Employers'... UNITED STATES of America, Plaintiff, v. Danny REAVES, Defendant. , D.Neb., October 29, 2009 Michael P. Norris, Assistant United States Attorney, Omaha, NE, for Plaintiff. Shannon P. O'Connor, Federal Public Defender's Office, Omaha, NE, for Defendant. MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on the defendant's appeal, Filing No. 36, of the magistrate judge's order, Filing No. 25, denying his motion to sever, Filing No. 20. I. BACKGROUND On May 21, 2009, Reaves was indicted on a four-count indictment charging bank robbery alle... UNITED STATES of America, Plaintiff, v. Jaktine Alphonso MOORE, Defendants. , D.Neb., October 29, 2009 Janice M. Lipovsky, Assistant United States Attorney, Lincoln, NE, for Plaintiff. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. The defendant has filed three pro se motions: a Motion to Dismiss (filing no. 49 ); a Motion to Reconsider Detention, (filing no. 50 ), and a "Motion to Obtain Remainder of or Related Writings of Recorded Statements," (filing no. 51 ). The defendant seeks dismissal of the indictment because the government's evidence is not credible. This argument la... UNITED STATES of America, Plaintiff, v. Jaktine Alphonso MOORE, Jobita Willetta Avery, Defendants. , D.Neb., October 28, 2009 Janice M. Lipovsky, Assistant United States Attorney, Lincoln, NE, for Plaintiff. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. The defendants have been charged with conspiring to possess and distribute crack cocaine from April 1, 2005 through October 31,2008. Filing No. 1. The defendants' pending motions for bill of particulars seek an order requiring the government to disclose the identity of all known co-conspirators; when, where, and how these alleged co-conspirators joined,... Strider ROGNIRHAR, Plaintiff, v. Terry S. SOUTHERN, and Timothy Elario, Defendants. , D.Neb., October 28, 2009 Strider Rognirhar, Jamestown, CA, pro se. Terry S. Southern, Seward, NE, pro se. Timothy Elario, Lincoln, NE, pro se. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. This matter is before the court on Plaintiff's Motion for Reconsideration. (Filing No. 47.) In his Motion, Plaintiff asks the court to reconsider his Motion for Summary Judgment. For the reasons below, Plaintiff's Motion is granted. I. BACKGROUND Plaintiff filed his Complaint in this matter on February 1, 2008, ag... Terrell HENDERSON, Petitioner, v. Robert HOUSTON, Director State of Nebraska Department of Correctional Services, Respondent. , D.Neb., October 28, 2009 Terrell Henderson, Tecumseh, NE, pro se. Kimberly A. Klein, Attorney General's Office, Lincoln, NE, for Respondent. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. This matter is before the court on Petitioner Terrell Henderson's ("Henderson") Petition for Writ of Habeas Corpus ("Petition"). (Filing No. 1.) After the court denied his Motion for Summary Judgment, Respondent filed an Answer (filing no. 18), Brief in support of his Answer (filing no. 23), State Court Records (filing ... UNITED STATES of America, Plaintiff, v. Dion A. BROWN, Defendant. , D.Neb., October 28, 2009 Steven A. Russell, Assistant United States Attorney, Lincoln, NE, for Plaintiff. Theresa M. Siglar, Lincoln, NE, for Defendant. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. I will briefly explain why I denied the motion for judgment of acquittal at the end of the government's case in chief. I will also explain, again briefly, why I denied the renewed motion at the end of all the evidence. A conviction under 18 U.S.C. § 922(g) "may be based on constructive or joint possession"... GRANITE REINSURANCE COMPANY, LTD., a Barbados Corporation, Plaintiff, v. Ann M. FROHMAN, Director of Insurance, in her capacity as Liquidator, Federal Crop Insurance Corporation, a Corporation within the United States Department of Agriculture, and, D.Neb., October 26, 2009 Jenna B. Taub, Robert F. Craig, Craig Law Firm, Omaha, NE, for Plaintiff. Lawrence F. Harr, William R. Johnson, Lamson, Dugan Law Firm, Laurie M. Barrett, Assistant United States Attorney Omaha, NE, Raymond E. Walden, Walden Law Firm, Bellevue, NE, Office of General Counsel, U.S. Department of Agriculture, Kansas City, MO, for Defendants. MEMORANDUM AND ORDER RICHARD G. KOPF, District Judge. The plaintiff, Granite Reinsurance Company, Ltd, ("Granite") filed suit against defendants Feder... UNITED STATES of America, Plaintiff, v. Kevin SPECHT, Defendant. , D.Neb., October 26, 2009 Kimberly C. Bunjer, Assistant United States Attorney, Omaha, NE, for Plaintiff. Kristina B. Murphree, Murphree Law Firm, Omaha, NE, for Defendant. MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief Judge. This matter is before the court on the defendant's objections, Filing No. 56, to the report and recommendation ("R & R") of the magistrate judge, Filing No. 54, concerning the defendant's motion to suppress, Filing No. 29. Count I of the Indictment charges the defendant with conspiracy... Steven R. BLAIR, Plaintiff, v. CITY OF OMAHA, et al., Defendants. , D.Neb., October 26, 2009 Steven R. Blair, Omaha, NE, pro se. Alan M. Thelen, City of Omaha, Timothy G. Himes, Sr., City Attorney's Office, William J. Pfeffer, Pfeffer Law Firm, William F. Eustice, Eustice Law Offices, Erin Leary, Leary Law Office, Jennifer D. Walkingstick, Omaha, NE, James M. Kelley, Kelley Law Firm, Lincoln, NE, for Defendants. MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief District Judge. Pending before the court are 24 separate Motions filed by the parties. For clarity, this Memorandum and O... Cynthia JENKINS, on behalf of herself and all others similarly situated, Ada Howard, and Sandra Logue, Plaintiffs, v. GENERAL COLLECTION, CO., Mark D. Stelk, and Richard E. Gee, Defendants. , D.Neb., October 26, 2009 Charles M. Delbaum, Boston, MA, Craig M. Shapiro, O. Randolph Bragg, Horwitz, Horwitz Law Firm, Chicago, IL, Pamela A. Car, William L. Reinbrecht, Car, Reinbrecht Law Firm, Omaha, NE, for Plaintiffs. Christopher R. Morris, Michael A. Klutho, Bassford, Remele Law Firm, Minneapolis, MN, John A. Svoboda, Gross, Welch Law Firm, Omaha, NE, Galen E. Stehlik, Lauritsen, Brownell Law Firm, Grand Island, NE, for Defendants. MEMORANDUM AND ORDER LAURIE SMITH CAMP, District Judge. This matter is be... UNITED STATES of America, Plaintiff, v. Angel VELAZQUEZ, Defendant. , D.Neb., October 26, 2009 Joe W. Stecher, Susan T. Lehr, Assistant United States Attorney, Omaha, NE, for Plaintiff. MEMORANDUM AND ORDER JOSEPH F. BATAILLON, Chief District Judge. This matter is before the court on Filing No. 176, the Motion to Vacate, Set Aside Sentence: Pursuant to U.S.C. § 2241 Coram Nobis, [FN1] filed by the defendant, Angel Velazquez. FN1. Throughout his motion, the defendant refers to the remedy of "croam nobis." The court interprets this as reference to the writ of error coram n... Gene SHANNON, Petitioner, v. Robert P. HOUSTON, Respondent. , D.Neb., October 26, 2009 ORDER LAURIE SMITH CAMP, District Judge. This matter is before the Court on the following motions filed by the Petitioner, Gene Shannon: for leave to proceed in forma pauperis on appeal (Filing No. 38), accompanied by a poverty affidavit (Filing No. 39); and for release pending appeal (Filing No. 40). Leave to Proceed In Forma Pauperis; Certificate of Appealability Federal Rule of Appellate Procedure 24 governs Shannon's ability to proceed in forma pauperis in this appeal. However, befo... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com