Octavius Johnson V City of Omaha, 8-14-cv-00004-LES-FG3 (Filed 6 Jan 2014) DOCKET REPORT
Octavius Johnson V City of Omaha, 8-14-cv-00004-LES-FG3 (Filed 6 Jan 2014) DOCKET REPORT
Octavius Johnson V City of Omaha, 8-14-cv-00004-LES-FG3 (Filed 6 Jan 2014) DOCKET REPORT
LENGTHOFTRIAL5,TRIALOMAHA
Plaintiff
Demetrius Johnson
individuals
Plaintiff
Juaquez Johnson
individuals
Plaintiff
Sharon Johnson
individuals
Plaintiff
represented by
Amy A. Miller
(See above for address)
ATTORNEY TO BE NOTICED
Diana J. Vogt
(See above for address)
ATTORNEY TO BE NOTICED
V.
Defendant
City of Omaha
a political subdivision
Defendant
Omaha Police Department
a Department of the City of Omaha
TERMINATED: 10/23/2014
Defendant
Todd Schmaderer
in his capacity of Chief of the Omaha
Police Department
Defendant
Aaron P. Von Behren
individually and as an officer of the OPD
Defendant
Bradley D. Canterbury
individually and as an officer of the OPD
Defendant
Justin A. Reeve
individually and as an officer of the OPD
Defendant
Joseph E. Koenig
individually and as an officer of the OPD
Defendant
John D. Payne
Individually and as an officer of the OPD
Defendant
Dyea L. Rowland
individually and as an officer of the OPD
Defendant
John and Jane Does 2 24
Defendant
Jane Doe
224
TERMINATED: 08/13/2014
Defendant
Christopher J. Olson
Cross Claimant
Dyea L. Rowland
individually and as an officer of the OPD
Date Filed
Docket Text
01/06/2014
1 COMPLAINT with jury demand against All Defendants, by Attorney Diana J. Vogt on
behalf of Octavius Johnson, Juaquez Johnson, Demetrius Johnson, Sharon Johnson,
Sharee Johnson(Vogt, Diana) (Entered: 01/06/2014)
01/06/2014
01/06/2014
3 ATTORNEY LETTER by Clerk that Attorney Diana J. Vogt 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. (JAB) (Entered: 01/06/2014)
03/07/2014
03/10/2014
03/10/2014
03/10/2014
03/10/2014
03/10/2014
03/10/2014
03/10/2014
03/10/2014
03/10/2014
03/10/2014
03/10/2014
16 ORDER granting 4 Motion for Extension of Time to File a Responsive Pleading. Dyea
L. Rowland answer or response due 5/6/2014. Ordered by Senior Judge Lyle E. Strom.
(ADB, ) (Entered: 03/14/2014)
03/20/2014
03/31/2014
04/09/2014
05/06/2014
05/06/2014
05/06/2014
05/06/2014
05/06/2014
05/19/2014
05/20/2014
26 ORDER granting 25 Motion to Extend Time to file Rule 26(f) report. The parties shall
have until 5/28/2014 to file their Rule 26(f) report. Ordered by Senior Judge Lyle E.
Strom. (JSF) (Entered: 05/20/2014)
05/23/2014
05/27/2014
28 ORDER granting 27 Motion to Extend. Plaintiffs shall have until June 9, 2014, to file
their opposition to defendants' motions to dismiss. Ordered by Senior Judge Lyle E.
Strom. (JSF) (Entered: 05/27/2014)
05/28/2014
05/29/2014
30 ORDER The motion, filing 29 , is granted. Defendant City of Omaha shall have until
June 19, 2014, to respond to defendant Rowlands crossclaim. Ordered by Senior Judge
Lyle E. Strom. (GJG) (Entered: 05/29/2014)
06/06/2014
32 ORDER granting 31 Motion for Leave to File First Amended Complaint. Plaintiffs'
amended complaint shall be filed on or before 6/16/14. Defendants shall file their
answers on or before 7/14/14. The parties shall submit their Rule 26(f) report on or
before 8/1/14. Ordered by Senior Judge Lyle E. Strom. (JSF) (Entered: 06/09/2014)
06/16/2014
07/08/2014
34 ORDER denying as moot 23 Motion to Dismiss for Failure to State a Claim; denying
as moot 21 Motion to Dismiss as amended complaint has been filed. Ordered by
Senior Judge Lyle E. Strom. (JDR) (Entered: 07/08/2014)
07/14/2014
35 Def Dyea Rowland's ANSWER to Amended Complaint 33 with with jury demand by
Attorney Stanton N. Beeder on behalf of Defendant Dyea L. Rowland(Beeder,
Stanton) (Entered: 07/14/2014)
07/17/2014
07/17/2014
08/01/2014
08/04/2014
08/05/2014
40 ORDER that a scheduling conference with the undersigned will be held on : Friday,
August 22, 2014 at 8:15 a.m. in Suite 3190, Roman L. Hruska U.S. Courthouse, 111
South 18th Plaza, OMAHA, Nebraska, to establish a final progression order for this
case. The parties may participate by telephone by notifying Judge Strom's office prior
to said date. Ordered by Senior Judge Lyle E. Strom. (MKR) (Entered: 08/05/2014)
08/06/2014
08/11/2014
42 ORDER granting 41 Motion for Leave to File Second Amended Complaint. Plaintiffs
shall file their second amended complaint on or before 8/15/2014. Ordered by Senior
Judge Lyle E. Strom. (JSF) (Entered: 08/11/2014)
08/11/2014
08/25/2014
44 FINAL PROGRESSION ORDER Depositions due May 31, 2015. Jury Trial set for
9/14/2015 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111
South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. Pretrial Conference
set for 8/28/2015 at 09:30 AM in Chambers before Magistrate Judge F.A.
Gossett.Ordered by Senior Judge Lyle E. Strom. (MKR) (Entered: 08/25/2014)
08/25/2014
08/25/2014
08/25/2014
08/25/2014
09/12/2014
09/15/2014
09/18/2014
09/18/2014
09/18/2014
09/23/2014
55 MOTION to bifurcate policy claims for trial and stay discovery by Attorney Thomas
O. Mumgaard on behalf of Defendants Bradley D. Canterbury, City of Omaha, James
T. Kinsella, Joseph E. Koenig, Christopher J. Olson, Omaha Police Department, John
D. Payne, Justin A. Reeve, Todd Schmaderer, Aaron P. Von Behren, Matthew C.
Worm.(Mumgaard, Thomas) (Entered: 09/23/2014)
09/23/2014
56 INDEX in support of MOTION to bifurcate policy claims for trial and stay discovery
55 by Attorney Thomas O. Mumgaard on behalf of Defendants Bradley D. Canterbury,
City of Omaha, James T. Kinsella, Joseph E. Koenig, Christopher J. Olson, Omaha
Police Department, John D. Payne, Justin A. Reeve, Todd Schmaderer, Aaron P. Von
Behren, Matthew C. Worm. (Attachments:
# 1 Exhibit No. 1 Affidavit re #2,
# 2 Exhibit No. 2 Ordinances)(Mumgaard, Thomas) (Entered: 09/23/2014)
09/23/2014
57 BRIEF in support of MOTION to bifurcate policy claims for trial and stay discovery
55 by Attorney Thomas O. Mumgaard on behalf of Defendants Bradley D. Canterbury,
City of Omaha, James T. Kinsella, Joseph E. Koenig, Christopher J. Olson, Omaha
Police Department, John D. Payne, Justin A. Reeve, Todd Schmaderer, Aaron P. Von
Behren, Matthew C. Worm.(Mumgaard, Thomas) (Entered: 09/23/2014)
09/23/2014
10/03/2014
10/06/2014
61 TEXT ORDER granting 60 Motion to Extend. The plaintiffs shall have until October
28, 2014 to respond to defendants' motion to bifurcate and stay discovery. Ordered by
Magistrate Judge Cheryl R. Zwart. (BHC) (Entered: 10/07/2014)
10/10/2014
10/23/2014
10/23/2014
10/23/2014
10/28/2014
10/28/2014
11/05/2014
11/05/2014
11/06/2014
11/07/2014
71 BRIEF in opposition to MOTION to bifurcate policy claims for trial and stay
discovery 55 by Attorney Diana J. Vogt on behalf of Plaintiffs Demetrius Johnson,
Juaquez Johnson, Octavius Johnson, Sharee Johnson, Sharon Johnson.(Vogt, Diana)
(Entered: 11/07/2014)
11/17/2014
11/19/2014
74 REPLY BRIEF in support of MOTION to bifurcate policy claims for trial and stay
discovery 55 by Attorney Ryan J. Wiesen on behalf of Defendants Bradley D.
Canterbury, City of Omaha, James T. Kinsella, Joseph E. Koenig, Christopher J.
Olson, John D. Payne, Justin A. Reeve, Todd Schmaderer, Aaron P. Von Behren,
Matthew C. Worm.(Wiesen, Ryan) (Entered: 11/20/2014)
12/08/2014
01/08/2015
01/12/2015
01/28/2015
78 MOTION to Extend Time to File Motions for Summary Judgment Based on Qualified
Immunity by Attorney Ryan J. Wiesen on behalf of Defendants Bradley D. Canterbury,
James T. Kinsella, Joseph E. Koenig, Christopher J. Olson, John D. Payne, Justin A.
Reeve, Aaron P. Von Behren, Matthew C. Worm.(Wiesen, Ryan) (Entered:
01/28/2015)
01/29/2015
79 ORDER granting 78 Motion to Extend. Defendants shall have until March 31, 2015, to
file motions for summary judgment raising the issue of qualified immunity. Ordered
by Senior Judge Lyle E. Strom. (JSF) (Entered: 01/29/2015)
02/27/2015
03/03/2015
03/30/2015
82 MOTION to Extend Time to File Motions for Summary Judgment by Attorney Ryan J.
Wiesen on behalf of Defendants Bradley D. Canterbury, City of Omaha, James T.
Kinsella, Joseph E. Koenig, Christopher J. Olson, John D. Payne, Justin A. Reeve,
Todd Schmaderer, Aaron P. Von Behren, Matthew C. Worm.(Wiesen, Ryan) (Entered:
03/30/2015)
03/31/2015
03/31/2015
84 ORDER that Defendants' motion is granted; all defendants shall have until April 30,
2015, to file motions for summary judgment raising the issue of qualified immunity.
The parties shall have until October 23, 2015, to file motions for summary judgment
on the merits of the case. Ordered by Senior Judge Lyle E. Strom. (JSF) (Entered:
03/31/2015)
04/02/2015
04/30/2015
88 MOTION for Partial Summary Judgment Based Upon Qualified Immunity by Attorney
Ryan J. Wiesen on behalf of Defendant Bradley D. Canterbury.(Wiesen, Ryan)
(Entered: 04/30/2015)
04/30/2015
89 BRIEF in support of MOTION for Partial Summary Judgment Based Upon Qualified
Immunity 88 by Attorney Ryan J. Wiesen on behalf of Defendant Bradley D.
Canterbury.(Wiesen, Ryan) (Entered: 04/30/2015)
04/30/2015
90 INDEX in support of MOTION for Partial Summary Judgment Based Upon Qualified
Immunity 88 by Attorney Ryan J. Wiesen on behalf of Defendant Bradley D.
Canterbury. (Attachments:
# 1 Exhibit 1 Omaha Code Sec. 36231,
# 2 Exhibit 2 Omaha Code Sec. 36170,
# 3 Exhibit 3 Omaha Code Sec. 36161,
# 4 Exhibit 4 Omaha Code Sec. 36153,
# 5 Exhibit 5 Omaha Code Sec. 2021,
# 6 Exhibit 6 Omaha Code Sec. 2042,
# 7 Exhibit 7 Affidavit of Canterbury,
# 8 Exhibit 8 Affidavit of Worm,
# 9 Exhibit 9 Vehicle Impound Record,
# 10 Exhibit 10 Vehicle Impound Record,
# 11 Exhibit 11 Vehicle Impound Record,
# 12 Exhibit 12 Vehicle Registration Record,
# 13 Exhibit 13 Vehicle Registration Record,
# 14 Exhibit 14 Vehicle Registration Record,
# 15 Exhibit 16 Certified Court Record for State of Neb. v. Demetrius Johnson,
# 16 Exhibit 17 Deposition of Octavius Johnson,
# 17 Exhibit 18 Deposition of Demetrius Johnson)(Wiesen, Ryan) (Entered:
04/30/2015)
04/30/2015
91 MOTION for Partial Summary Judgment Based Upon Qualified Immunity by Attorney
Ryan J. Wiesen on behalf of Defendants James T. Kinsella, Joseph E. Koenig,
Christopher J. Olson, John D. Payne, Justin A. Reeve, Aaron P. Von Behren, Matthew
C. Worm.(Wiesen, Ryan) (Entered: 04/30/2015)
04/30/2015
92 BRIEF in support of MOTION for Partial Summary Judgment Based Upon Qualified
Immunity 91 by Attorney Ryan J. Wiesen on behalf of Defendants James T. Kinsella,
Joseph E. Koenig, Christopher J. Olson, John D. Payne, Justin A. Reeve, Aaron P. Von
Behren, Matthew C. Worm.(Wiesen, Ryan) (Entered: 04/30/2015)
04/30/2015
93 INDEX in support of MOTION for Partial Summary Judgment Based Upon Qualified
Immunity 91 by Attorney Ryan J. Wiesen on behalf of Defendants James T. Kinsella,
Joseph E. Koenig, Christopher J. Olson, John D. Payne, Justin A. Reeve, Aaron P. Von
Behren, Matthew C. Worm.(Wiesen, Ryan) (Entered: 04/30/2015)
04/30/2015
04/30/2015
04/30/2015
05/01/2015
05/19/2015
05/19/2015
05/20/2015
100 ORDER Plaintiffs' Motion for Extension of Date to Oppose Motions for Summary
Judgment for Qualified Immunity 99 is granted. Plaintiffs shall have until May 29,
2015, to oppose defendants' motions for summary judgment for qualified immunity.
Ordered by Senior Judge Lyle E. Strom. (SLP) (Entered: 05/20/2015)
05/21/2015
101 ORDER granting 98 Motion to Extend Deadlines. The parties shall have until August
30, 2015, to complete the taking of depositions in this matter. Ordered by Senior Judge
Lyle E. Strom. (JSF) (Entered: 05/21/2015)
05/29/2015
102 INDEX in opposition to MOTION for Partial Summary Judgment Based Upon
Qualified Immunity 91 , MOTION for Summary Judgment based on Qualified
Immunity 94 , MOTION for Partial Summary Judgment Based Upon Qualified
Immunity 88 by Attorney Diana J. Vogt on behalf of Plaintiffs Demetrius Johnson,
Juaquez Johnson, Octavius Johnson, Sharee Johnson, Sharon Johnson. (Attachments:
# 1 Exhibit Aff. Michael Lyman Ph.D,
# 2 Exhibit Aff. Diana J. Vogt,
# 3 Exhibit Dep. of D. Rowland,
# 4 Exhibit Force Rpt. discrepancies,
# 5 Exhibit Stat. Michael Lynch,
# 6 Exhibit OPD Findings of Fact,
# 7 Exhibit Excerpt OPD IA Rpt. Summary)(Vogt, Diana) (Entered: 05/29/2015)
05/29/2015
103 BRIEF in opposition to MOTION for Partial Summary Judgment Based Upon
Qualified Immunity 91 , MOTION for Summary Judgment based on Qualified
Immunity 94 , MOTION for Partial Summary Judgment Based Upon Qualified
Immunity 88 by Attorney Diana J. Vogt on behalf of Plaintiffs Demetrius Johnson,
Juaquez Johnson, Octavius Johnson, Sharee Johnson, Sharon Johnson.(Vogt, Diana)
(Entered: 05/29/2015)