Case: Eastman v. Sheridan County

Eastman v. County of Sheridan

Eastman v. County of Sheridan

Eastman v. County of Sheridan

Eastman v. County of Sheridan

Eastman v. County of Sheridan

Eastman v. County of Sheridan

COMPLAINT with Jury Demand against all defendants (Filing fee $ 350, receipt number 922034), by Attorney Maren L. Chaloupka on behalf of ARLYN J. EASTMAN (Attachments: #(1) Complaint)(Chaloupka, Maren) Modified on 2/12/2007 to indicate the complaint is actually attachment #1 (JSF). (Entered: 02/09/2007)

TEXT NOTICE OF JUDGES ASSIGNED: Judge Joseph F. Bataillon and Magistrate Judge Thomas D. Thalken assigned. (CS, ) (Entered: 02/12/2007)

NOTICE of Docket Text Modification by Deputy Clerk regarding Complaint 1 ; Text modified on 2/12/2007 to indicate the complaint is actually attachment #1 (JSF) (Entered: 02/12/2007)

APPLICATION/ORDER admitting for full−time admission Attorney Robin L. Zephier for Plaintiffs Arlyn J. Eastman, Lino Lowell Spotted Elk, Jr. Ordered by Deputy Clerk. (ADB) (Entered: 02/27/2007)

Summons Requested as to defendant Sheridan, County of regarding Complaint, 1 . (Chaloupka, Maren) (Entered: 03/09/2007)

Summons Requested as to defendant Levi McKillet regarding Complaint, 1 . (Chaloupka, Maren) (Entered: 03/09/2007)

Summons Requested as to defendant Sheridan, County of regarding Complaint, 1 . (Chaloupka, Maren) (Entered: 03/09/2007)

Summons Requested as to defendant Sheridan, County of regarding Complaint, 1 . (Chaloupka, Maren) (Entered: 03/09/2007)

Summons Issued (COPY) as to defendant Sheridan, County of, Levi McKillet regarding Complaint, 1 . YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (GJG, ) (Entered: 03/09/2007)

MOTION to Dismiss by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 03/29/2007)

BRIEF In Support Of MOTION to Dismiss 10 by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 03/29/2007)

MOTION to Extend time in which to respond to Defendants Motion to Dismiss by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 04/06/2007)

TEXT ORDER granting 12 Plaintiff's Motion to Extend Time until 4/20/2007 to respond to 10 Motion to Dismiss. Ordered by Judge Joseph F. Bataillon.(MGH, ) (Entered: 04/11/2007)

BRIEF In Opposition to Defendant's Motion to Dismiss by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 04/20/2007)

MOTION for Leave to File Amended Complaint by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman. (Attachments: # 1)(Chaloupka, Maren) (Entered: 04/20/2007)

TEXT Order granting 15 MOTION to amend. The plaintiff is allowed to make the amendment as a matter of course pursuant to Fed. R. Civ. P. 15(a). The plaintiff shall have until May 7, 2007, to file the amended complaint. Ordered by Magistrate Judge Thomas D. Thalken. (PAV) (Entered: 04/23/2007)

AMENDED COMPLAINT against Defendant all defendants, by Attorney Maren L. Chaloupka on behalf of Arlyn J. Eastman(Chaloupka, Maren) (Entered: 04/24/2007)

TEXT ORDER denying as moot 10 Defendants' Motion to Dismiss per 17 . Ordered by Judge Joseph F. Bataillon.(SMS, ) (Entered: 04/24/2007)

SCHEDULING PACKET − Rule 26 Meeting Report Deadline set for 6/4/2007. Ordered by Magistrate Judge Thomas D. Thalken. (PAV) (Entered: 04/30/2007)

BRIEF In Support of Defendants' Motion to Strike, Make More Definite and Certain or Dismiss by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 05/02/2007)

SUMMONS Returned Executed upon Tecumseh State Correctional Institution defendant Levi McKillet on 3/17/2007. (Chaloupka, Maren) (Entered: 05/11/2007)

STRICKEN − SUMMONS Returned Executed upon Sheridan County Commissioners −− Vernon Platt, Dan Kling, and Lewis Abold defendant Sheridan, County of on 3/13/2007. (Chaloupka, Maren) Modified on 5/14/2007; document incomplete and stricken per order 26 (ADB). (Entered: 05/11/2007)

MOTION to Extend Time to Respond to Defendant's Motion to Strike, Make More Definite and Certain, or Dismiss by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 05/11/2007)

TEXT ORDER granting 24 Motion to Extend. The plaintiffs shall have until May 21, 2007, to respond to the defendants' MOTION to Strike Make More Definite and Certain or Dismiss 20 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 05/11/2007)

TEXT STRIKE ORDER that Pursuant to General Order Number 2006−01, the Summons Returned Executed 23 is stricken for the following reason: document incomplete. The party is directed to re−file the document. Ordered by Deputy Clerk. (ADB) (Entered: 05/14/2007)

SUMMONS Returned Executed upon Lewis Abold, Sheridan County Commissioner, defendant Sheridan, County of on 3/14/2007. (Chaloupka, Maren) (Entered: 05/14/2007)

SUMMONS Returned Executed upon Dan Kling, Sheridan County Commissioner, defendant Sheridan, County of. (Chaloupka, Maren) (Entered: 05/14/2007)

SUMMONS Returned Executed upon Vernon Platt, Sheridan County Commissioner, defendant Sheridan, County of on 3/13/2007. (Chaloupka, Maren) (Entered: 05/14/2007)

MOTION to Extend by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 05/25/2007)

TEXT ORDER granting 30 Motion to Extend. The plaintiffs shall have until May 29, 2007, to respond to the defendants' MOTION to Strike Make More Definite and Certain or Dismiss 20 . Ordered by Magistrate Judge Thomas D. Thalken.(TRL) (Entered: 05/25/2007)

STRICKEN−REPORT of Rule 26(f) Planning Meeting by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) Modified on 5/29/2007 to strike per order 33 (TCL, ). (Entered: 05/25/2007)

TEXT STRIKE ORDER that Pursuant to General Order Number 2006−01, the Report of Rule 26(f) Planning Meeting 32 is stricken for the following reason(s): incorrect PDF document attached. The party is directed to re−file the document. Ordered by Deputy Clerk. (TCL, ) (Entered: 05/29/2007)

REPORT of Rule 26(f) Planning Meeting by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 05/29/2007)

BRIEF In Opposition to Defendant's Motion to Strike, to Make More Definite and Certain and to Dismiss 20 by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 05/29/2007)

ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE − Counsel for plaintiff shall initiate the planning conference call to the court at 10:00 a.m. (Central Time) on 10/29/07. Counsel shall notify the undersigned magistrate judge by joint or separate letters by August 1, 2007 addressing mediation requirements. Trial is tentatively set for May 5, 2008, and is tentatively scheduled for 4 trialdays. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, ) (Entered: 05/30/2007)

MOTION to Continue by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5. (Attachments: # 1 Affidavit of Michel J. Javoronok)(Javoronok, Michael) (Entered: 06/20/2007)

PART 1 OF 2 - ORDER AND REPORT AND RECOMMENDATION - IT IS ORDERED and/or recommended to Judge Bataillon that the defendants' Rule 12 Motion to Strike, Make More Definite and Certain, or Dismiss 20 be granted, in part, and denied, in part as se t forth in this Order. The parties shall have ten (10) business days after being served with this Order, Report and Recommendation to file any objections. The brief in support of any appeal or objection shall be filed at the time of filing such appeal or objection. Failure to file a brief in support of any appeal or objection may be deemed an abandonment of the appeal or objection. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)

ORDER granting 37 Motion to Reschedule the telephone planning conference; the telephone planning conference with the undersigned magistrate judge is rescheduled to November 5, 2007 at 10:00a.m. Central Standard Time. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )

REPORT AND RECOMMENDATION − That the MOTION to Strike Make More Definite and Certain or Dismiss 20 be granted in part and denied in part as set forth in the Order as Part 1. Ordered by Magistrate Judge Thomas D. Thalken. − PART 2 OF 2 (KBJ) (Entered: 06/21/2007)

TEXT ORAL MOTION − Joint motion to reschedule planning conference. (KBJ, ) (Entered: 06/22/2007)

ORDER - Upon the oral request of counsel for the parties 40 the telephone planning conference with the undersigned magistrate judge is rescheduled to November 2, 2007 at 10:00 a.m. Central Daylight Time. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken.(KBJ)

ORDER that the Report and Recommendation, Filing No. 38 , is adopted in its entirety; The defendants' Rule 12 Motion to Strike, Make More Definite andCertain, or Dismiss (Filing No. 20 ) is granted in part and denied in part asset forth in the magistrate's Report and Recommendation. Ordered by Judge Joseph F. Bataillon.(ADB)

AMENDED COMPLAINT (Second Amended) against Defendant all defendants, by Attorney Maren L. Chaloupka on behalf of Arlyn J. Eastman(Chaloupka, Maren) (Entered: 08/15/2007)

MOTION to Extend for Enlargement of Time by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 08/16/2007)

MOTION to Extend Time by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 08/28/2007)

MOTION to Strike Make More Definite and Certain or Dismiss by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 08/28/2007)

BRIEF in support of Rule 12 Motion to Strike, Make More Definite and Certain or Dismiss by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 08/28/2007)

TEXT ORDER granting 45 Motion For Enlargement of Time. Ordered by Magistrate Judge Thomas D. Thalken.(AMS) Modified on 8/29/2007 (Added the word "TEXT")(AMS). (Entered: 08/29/2007)

MOTION to Amend Complaint by Attorney Robin L. Zephier on behalf of Plaintiff Arlyn J. Eastman.(Zephier, Robin) (Entered: 09/10/2007)

STRICKEN − AMENDED COMPLAINT against Defendant Arlyn J. Eastman, by Attorney Robin L. Zephier on behalf of Arlyn J. Eastman(Zephier, Robin) Modified on 10/10/2007 to reflect that this pleading is stricken from the record pursuant to the Order 55 (KBJ). (Entered: 09/10/2007)

TEXT NOTICE OF DEFICIENCY by Deputy Clerk that the Motion to Amend 50 has been filed and is considered deficient due to no certificate of service. The plaintiff shall correct the deficiency within 15 days of the date of this entry or the pleading may be stricken from the record of this case. See Administrative Procedure II.B.(ADB) (Entered: 09/11/2007)

MOTION to Amend Complaint by Attorney Robin L. Zephier on behalf of Plaintiff Arlyn J. Eastman.(Zephier, Robin) (Entered: 09/11/2007)

AMENDED COMPLAINT against Defendant Arlyn J. Eastman, by Attorney Robin L. Zephier on behalf of Arlyn J. Eastman(Zephier, Robin) (Entered: 09/11/2007)

ORDER - The Plaintiff's' Second Motion To Amend Complaint 53 is granted. The plaintiff shall have to on or before October 23, 2007, to file the third amended complaint. The Plaintiff's' Second Motion To Amend Complaint 50 is denied as moot and plaintiff's Third Amended Complaint 51 is stricken from the record in this case. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)

STRICKEN−AMENDED COMPLAINT 3rd against Defendant all defendants, by Attorney Robin L. Zephier on behalf of Arlyn J. Eastman(Zephier, Robin) Modified on 10/19/2007 to strike per Order 57 (MKR, ). (Entered: 10/18/2007)

TEXT STRIKE ORDER that Pursuant to General Order Number 2006−01, the Amended Complaint 56 is stricken for the following reason: Incorrect PDF document attached. The party is directed to re−file the document. Ordered by Deputy Clerk. (MKR) (Entered: 10/19/2007)

AMENDED COMPLAINT Third against Defendant all defendants, by Attorney Robin L. Zephier on behalf of Arlyn J. Eastman, Lino Lowell Spotted Elk, Jr(Zephier, Robin) (Entered: 10/22/2007)

MOTION to Strike or Dismiss Plaintiff's Third Amended Complaint by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 11/08/2007)

BRIEF in support of Rule 12 Motoin to Strike or Dismiss Plaintiff's Third Amended Complaint by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 11/08/2007)

ORDER - A telephone conference with the undersigned magistrate judge will be held on April 18, 2008, at 10:00 a.m. Central Daylight Time for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiff's counsel shall initiate the call. Telephone Conference set for 4/18/2008 at 10:00 AM before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )

ORDER denying as moot 46 Defendants' Motion to Strike/Dismiss. Ordered by Judge Joseph F. Bataillon. (SMS, )

ORDER granting in part and denying in part 59 Motion to Strike. The plaintiff shall have until December 20, 2007, to file a fourth amended complaint in compliance with the court's previous orders. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)

MOTION to Dismiss by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 01/16/2008)

RESPONSE to Defendant's Fourth Motion to Dismiss by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 01/28/2008)

ORDER: Planning Conference set for 4/23/2008 at 10:00 AM by telephone before Magistrate Judge Thomas D. Thalken. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 04/18/2008)

ORDER SETTING SCHEDULE FOR PROGRESSION OF A CIVIL CASE − Depositions due 2/27/2009. Pretrial Conference set for 4/13/2009 at 02:30 PM in North Platte Courtroom before Magistrate Judge Thomas D. Thalken. Jury Trial set for 5/11/2009 at 08:30 AM in North Platte Courtroom before Chief Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (PAV) (Entered: 04/23/2008)

ORDER - The defendants' Motion to Dismiss 65 is denied. Ordered by Chief Judge Joseph F. Bataillon.(KBJ)

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 05/09/2008)

ANSWER to Amended Complaint 64 by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5 Amended Complaint 64 filed by Arlyn J. Eastman (Javoronok, Michael) (Entered: 05/15/2008)

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 06/10/2008)

NOTICE to Take Deposition of Loren Wilson by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 12/31/2008)

NOTICE to Take Deposition of Sandra Arthur by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 12/31/2008)

NOTICE to Take Deposition of Deputy Sheriff Donald Ray Heath by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 12/31/2008)

NOTICE to Take Deposition of Levi McKillip by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 12/31/2008)

NOTICE to Take Deposition of Larry Holladay by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 12/31/2008)

NOTICE to Take Deposition of Arlyn J. Eastman by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5 (Javoronok, Michael) (Entered: 01/05/2009)

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 01/19/2009)

MOTION for Leave to File Fifth Amended Complaint by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 01/22/2009)

Certificate of Service by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 01/22/2009)

MOTION for Summary Judgment by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael)

INDEX in support of MOTION for Summary Judgment 82 by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 01/23/2009)

INDEX − CONTINUED Amended by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5. (Attachments: # 1 Exhibit 1−4)(Javoronok, Michael) (Entered: 01/23/2009)

BRIEF in opposition to MOTION for Summary Judgment 82 by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 02/02/2009)

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 02/05/2009)

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 02/05/2009)

NOTICE to Take Deposition of Sheriff Terry Robbins by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 02/05/2009)

NOTICE to Take Deposition of Charles Canaday by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5 (Javoronok, Michael) (Entered: 02/06/2009)

TEXT ORDER granting 80 Motion for Leave. Amended Complaint due by 2/17/2009. Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 02/10/2009)

AMENDED COMPLAINT (Fifth Amended) against Defendant all defendants, by Attorney Maren L. Chaloupka on behalf of Arlyn J. Eastman(Chaloupka, Maren) (Entered: 02/10/2009)

Unopposed MOTION to Continue Deposition Settings and Discovery Deadline by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 02/17/2009)

TEXT ORDER granting 93 Motion to Continue. The deadline for the parties to complete discovery is hereby extended to March 27, 2009. Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 02/18/2009)

Defendants' ANSWER to Amended Complaint 92 by Attorney Michael J. Javoronok on behalf of Defendants Levi McKillip, Sheridan, County of, Levi McKillet, Does 1−5 Answer to Amended Complaint 71 filed by Does 1−5, Sheridan, County of, Levi McKillet (Javoronok, Michael) (Entered: 03/02/2009)

MOTION for Hearing − Telephonic Status Conference by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 03/11/2009)

ORDER granting 96 Motion for Hearing; A telephone status conference with the undersigned magistrate judge is scheduled to March 13, 2009, at 10:00 a.m. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF A CIVIL CASE − Depositions due June 30, 2009. Final Pretrial Conference set for 4/12/2010 at 01:30 PM with a magistrate judge, in chambers, Federal Building, 3rd Floor, 300 East 3rd Street, North Platte, Nebraska. Jury Trial set for 5/10/2010 in North Platte, Nebraska before Chief Judge Joseph F. Bataillon and a jury. Ordered by Magistrate Judge Thomas D. Thalken. (MKR) Modified on 3/18/2009 to correct pretrial conference information(TJS). Modified on 2/26/2010 to correct trial

ORDER that defendants' motion for summary judgment 82 is denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (CJP)

MOTION to Substitute Party by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 04/01/2009)

TEXT ORDER granting 100 Motion to Substitute Party. The plaintiff shall have until April 29, 2009, to file an amended complaint substituting Deputy Sheriff Ray Heath in place of Doe 1 and voluntarily dismissing Does 2−5. Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 04/21/2009)

Certificate of Service by Attorney Michael J. Javoronok on behalf of Defendants Levi McKillip, Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 09/29/2009)

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 10/13/2009)