Case: Wilson v. Geerdes

COMPLAINT against Fred Britten, Scott Frakes, Jason Geerdes, and Cathy Sheair. No summons issued, filed on behalf of Harold Bryan Wilson and Riley Nicole Shadle. (LAC) (Entered: 12/02/2016)

MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiffs Riley Nicole Shadle and Harold Bryan Wilson. (LAC) Modified on 12/2/2016 to correct file date (LAC). (Entered: 12/02/2016)

PRISONER ACCOUNT STATEMENT by Plaintiff Harold Bryan Wilson. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LAC) Modified on 12/2/2016 to correct file date (LAC). (Entered: 12/02/2016)

NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (LAC) (Entered: 12/02/2016)

GENERAL ORDER NO. 2016-02: This general order provides for the management and assignment of cases filed by a plaintiff or petitioner without counsel. This general order also includes the definition of the pro se docket, responsibilities of the pro se law clerks and scheduling and discovery requirements in pro se cases. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC) (Entered: 12/02/2016)

MEMORANDUM AND ORDER that the non-lead Plaintiff, Riley Nicole Shadle, shall have 30 days from the date of entry of this order in which to advise the court whether he wishes to continue as a Plaintiff in this group action. If, by that deadline, Shadle advises the court that he does not wish to participate in the action, he will be dismissed from the lawsuit and will not be charged a filing fee for this action. This is the only way to avoid the obligation to pay a filing fee for this action. Alternatively, if any Plaintiff (including Harold Wilson) wants to pursue his claims individually in a separate lawsuit, he shall so advise the court in writing, and his claims shall be severed into a new action where a filing fee will be assessed. Each non-lead Plaintiff who chooses to continue as a Plaintiff, either in this action or in a severed individual case, is hereby ORDERED to pay the court's filing fee or file a properly completed motion for leave to proceed in forma pauperis (IFP) within 30 days from the date of this Memorandum and Order. The clerk's office is directed to send the Form AO240 to Riley Nicole Shadle. Failure to submit a properly completed IFP motion does not relieve a non-lead Plaintiff of the obligation to pay a filing fee, unless he also submits timely written notice that he does not intend to proceed with the action. Any non-lead Plaintiff who simply does not respond to this Memorandum and Order within 30 days will be obligated to pay the full filing fee and will also be dismissed from this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Plaintiffs are again WARNED that future group motions or pleadings that do not comply with the group pleading requirements discussed herein shall be stricken pursuant to Rule 11(a). Plaintiffs are further ADVISED that each of them is under a continuing obligation to keep the court informed of any change in his address. The clerk of court is directed to set a pro se case management deadline using the following text: January 6, 2017: Check for Response to Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) (Entered: 12/07/2016)

MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Riley Nicole Shadle. (LAC) (Entered: 12/07/2016)

PRISONER ACCOUNT CERTIFICATE by Plaintiff Riley Nicole Shadle ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LAC) (Entered: 12/07/2016)

MOTION on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 12/09/2016)

RESPONSE regarding Memorandum and Order 6 on behalf of Plaintiff Riley Nicole Shadle. (LAC) (Entered: 02/02/2017)

MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Riley Nicole Shadle. (LAC) (Entered: 12/27/2016)

PRISONER ACCOUNT CERTIFICATE by Plaintiff Riley Nicole Shadle. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LAC) (Entered: 12/27/2016)

MOTION for Preliminary Injunction and/or Temporary Restraining Order on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 12/27/2016)

MEMORANDUM AND ORDER that Wilson's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Wilson must pay an initial partial filing fee of $35.79 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Wilson's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. ยง 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Wilson's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: January 28, 2017: initial partial filing fee payment due. Wilson is advised that, following payment of the initial partial filing fee, the next step in this case will be for the court to conduct an initial review of the claims to determine whether summary dismissal is appropriate under 28 U.S.C. ยง 1915(e) (2). The court will conduct this initial review in its normal course of business. Wilson's Motion to Amend (Filing No. 9 ) is denied without prejudice to him filing a proper motion to amend which complies with the local rules of this court. Wilson's Motion for Preliminary Injunction and/or Temporary Restraining Order (Filing No. 12 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC) (Entered: 12/29/2016)

MEMORANDUM AND ORDER that Shadle's Motion for Leave to Proceed IFP (Filing No. 10 ) is granted. Shadle must pay an initial partial filing fee of $22.70 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Shadle's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. ยง 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Shadle's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: January 28, 2017: initial partial filing fee payment due. Shadle is advised that, following payment of the initial partial filing fee, the next step in this case will be for the court to conduct an initial review of the claims to determine whether summary dismissal is appropriate under 28 U.S.C. ยง 1915(e) (2). The court will conduct this initial review in its normal course of business. Shadle's initial Motion for Leave to Proceed In Forma Pauperis (Filing No. 7 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC) (Entered: 12/29/2016)

MOTION for Preliminary Injunction and/or temporary restraining order, and motion to add additional defendant on behalf of Plaintiff Harold Bryan Wilson.(CCB) (Entered: 01/03/2017)

MOTION for status on behalf of Plaintiff Harold Bryan Wilson.(CCB) (Entered: 01/03/2017)

MOTION to Compel presence of inmate advisor at teleconference hearings or other proceedings on behalf of Plaintiff Harold Bryan Wilson.(CCB) (Entered: 01/03/2017)

RESTRICTED SUPPLEMENT regarding Complaint 1 on behalf of Plaintiff Riley Nicole Shadle. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LAC) Modified on 4/13/2017 to add restricted language pursuant to order 50 (CS). (Entered: 01/10/2017)

MOTION to Amend to add defendants and facts on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 01/10/2017)

AMENDED COMPLAINT against Defendant Fred Britten, Richard Cruickshank, Brad Exstrom, Scott Frakes, Jason Geerdes, Troy Hawks, Cathy Sheair filed by Plaintiff Harold Bryan Wilson. (LAC) (Entered: 01/10/2017)

MOTION to Extend on behalf of Plaintiff Riley Nicole Shadle. (LAC) (Entered: 01/17/2017)

MOTION on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 01/19/2017)

TEXT ENTRY THAT INITIAL PARTIAL FILING fee paid on behalf of Harold B. Wilson on 01/19/2017. Receipt number 8041085, in the amount of $35.79. (KLF)

LETTER on behalf of Plaintiff Riley Nicole Shadle.(TCL) (Entered: 01/20/2017)

MOTION for Reconsideration regarding Memorandum and Order on Motion for Preliminary Injunction 13 filed by Plaintiff Riley Nicole Shadle. (JAB) (Entered: 01/20/2017)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Nicole Shadle on 1/20/2017. Receipt number 8041101, in the amount of $ 22.70. (TCL)

MEMORANDUM AND ORDER - This matter may proceed to service of process as to Plaintiffs' 42 U.S.C. ยง 1983 claims based on due process, equal protection, and retaliation against Defendants Jason Geerdes, Fred Britten, Cathy Sheair, and Scott Frakes in their official capacities only. Because Defendants are sued only in their official capacities, they shall be served at the office of the Nebraska Attorney General. The clerk of the court is directed to complete summons forms and USM-285 forms for each of the Defendants using the address Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509, and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service for service of process on Defendants. Defendants shall have 21 days from the date they are served to file an answer or other responsive pleading to Plaintiffs' Complaint. Wilson's Motion for Status is granted. (Filing No. 16 .) Shadle has been given leave to proceed in forma pauperis. (Filing No. 14 .) Shadle's Motion (Filing No. 21 ) seeking an extension of time to file his initial partial filing fee is denied as moot. The court received Shadle's initial partial filing fee on January 20, 2017. All other pending motions (Filing Nos. 15, 17, 18, 22, and 24 ) will be stayed in abeyance pending a response from Defendants. The clerk's office shall terminate Defendants Brad Exstrom, Troy Hawk, and Richard Cruickshank from the case until the court acts on Wilsons Motion to Amend (Filing No. 18 ). The clerk's office shall set a pro se case management deadline using the following text: February 15, 2017: check for Defendants' response. (Pro Se Case Management Deadline set for 2/15/2017.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and USM with summons) (CS) (Entered: 01/26/2017)

Summons Issued (COPY) with USM 285 forms as to defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair with copy of Memorandum and Order 25, Complaint - Pro Se 1, and Amended Complaint 19 . (CS) (Entered: 01/26/2017)

MOTION for Temporary Restraining Order and Preliminary Injunction on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 01/30/2017)

MEMORANDUM AND ORDER - With regard to this court's order dated January 26, 2017 (Filing No. 25 ), the United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk's office provide a copy of this order to the United States Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM and Copy mailed to pro se party )(LAC) Modified on 2/1/2017 to include mailed to pro se party (LAC). (Entered: 02/01/2017)

MEMORANDUM AND ORDER that Wilson's motion (Filing No. 27 ) will be stayed in abeyance with all other pending motions in this matter until Defendants respond to Plaintiffs' Complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) (Entered: 02/07/2017)

SUMMONS Returned Executed upon defendant Cathy Sheair on 2/6/2017. (LAC) (Entered: 02/07/2017)

SUMMONS Returned Executed upon defendant Jason Geerdes on 2/6/2017. (LAC) (Entered: 02/07/2017)

SUMMONS Returned Executed upon defendant Scott Frakes on 2/6/2017. (LAC) (Entered: 02/07/2017)

SUMMONS Returned Executed upon defendant Fred Britten on 2/6/2017. (LAC) (Entered: 02/07/2017)

MOTION for Extension of Time to File a Responsive Pleading (30 days to 3/29/17), MOTION to Continue Stay of all Pending Motions by Attorney David A. Lopez on behalf of Defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair.(Lopez, David) (Entered: 02/22/2017)

TEXT ORDER: Defendants' Motion for Extension of Time to file a Responsive Pleading (Filing No. 35 ) is granted. The clerk's office shall set a pro se case management deadline using the following text: March 29, 2017: check for Defendants' responsive pleading. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) (Entered: 02/23/2017)

MOTION for Judgment on the Pleadings on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 03/01/2017)

TEXT ORDER - Plaintiff Wilson's Motion for Judgment on the Pleadings (Filing No. 37 ) is denied. Defendants were given until March 29, 2017, to file a responsive pleading (Filing No. 36 ). Plaintiff Wilson was given notice of Defendants' March 29, 2017, deadline to file a responsive pleading (Filing No. 36 Display Receipt). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) (Entered: 03/02/2017)

OBJECTION on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 03/08/2017)

TEXT ORDER - Plaintiff Wilson's Objection (Filing No. 39 ) is denied. The court will address any motions for extension of time to respond to Defendants' responsive pleading at the time that Plaintiffs file them. All pending motions continue to be stayed pending Defendants' response. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) (Entered: 03/09/2017)

MOTION on behalf of Plaintiff Riley Nicole Shadle. (LAC) (Entered: 03/29/2017)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney David A. Lopez on behalf of Defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair.(Lopez, David) (Entered: 03/29/2017)

BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 42 by Attorney David A. Lopez on behalf of Defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair.(Lopez, David) (Entered: 03/29/2017)

BRIEF in opposition to MOTION for Preliminary Injunction 15, MOTION for Reconsideration regarding Memorandum and Order on Motion for Leave to Proceed in forma pauperis,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,, Order on Motion for Preliminary Injunction,,,,,, 13 24, MOTION to Amend 18, MOTION 22, MOTION to Compel 17, MOTION for Temporary Restraining Order 27 by Attorney David A. Lopez on behalf of Defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair.(Lopez, David) (Entered: 03/29/2017)

MOTION to Strike Supplement 20 (Privacy Violations) by Attorney David A. Lopez on behalf of Defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair.(Lopez, David) (Entered: 03/29/2017)

MEMORANDUM AND ORDER that with thanks for accepting the appointment, Michael D. Gooch is hereby appointed to represent Plaintiff Wilson and Plaintiff Shadle. The clerk of the court shall provide Mr. Gooch with a copy of this Memorandum and Order. Mr. Gooch is directed to promptly enter his appearance as counsel in this case. Upon entry of Mr. Gooch's appearance in CM/ECF, the clerk of the court shall immediately pay from the Federal Practice Fund the sum of $1,000 to Mr. Gooch. A second and the last installment of $1,000 shall become due and payable to Mr. Gooch upon the entry of judgment or other closing documents in the case. Mr. Gooch may incur reasonable expenses when representing Plaintiffs in accordance with parts III(A), VI(C), and VI(E) of the Amended Plans for Administration of the Federal Practice Fund and Federal Practice Committee.1 See also NEGenR 1.7(g) and NECivR 54.3-54.4. Should Plaintiffs succeed and Mr. Gooch is awarded attorney fees and expenses that exceed $2,000 plus expenses, he shall reimburse the Federal Practice Fund for the fees and expenses paid from the fund. At the direction of the court, this case is removed from the pro se docket. The clerk's office shall randomly assign new judges to this case and shall request a reassignment order from the Chief Judge. All pending motions, including Defendants' Motion to Dismiss (Filing No. 42 ), will be stayed until the assigned judges enter an order progressing the matter. The undersigned recommends to the judges, who are ultimately assigned, to consider issuing a progression order after consultation with counsel. The clerk's office shall provide Plaintiffs, counsel for Defendants, and Chief Judge Smith Camp with a copy of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC) (Entered: 03/31/2017)

NOTICE of Appearance by Attorney Michael D. Gooch on behalf of Plaintiff Harold Bryan Wilson (Gooch, Michael) (Entered: 03/31/2017)

NOTICE of Appearance by Attorney Michael D. Gooch on behalf of Plaintiff Riley Nicole Shadle (Gooch, Michael) (Entered: 03/31/2017)

REASSIGNMENT ORDER - This case is reassigned to District Judge Robert F. Rossiter, Jr. for disposition and to Magistrate Judge Cheryl R. Zwart for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC) (Entered: 04/03/2017)

TEXT ENTRY THAT FILING fee paid on behalf of Dillon Shadle on 4/10/2017. Receipt number 8042210, in the amount of $ 15.08. (GJG)

ORDER - Plaintiff Wilsons motion to amend the complaint to add additional defendants 18 is denied without prejudice to re-filing, if appropriate, through his court-appointed counsel. Plaintiff Wilson's motion to permit the presence of an inmate advisor at teleconference hearings 17 is denied. Plaintiff Wilson's motion to pay the full filing fee for co-plaintiff Shadle 22 is denied. Plaintiff Shadle's motion to make filing fee payments directly to the court rather than through the penal institution 41 is denied. Defendants' motion to restrict access to Wilson's 20 (which includes Shadle's date of birth and social security number) 45 is granted. Filing 20 is now a restricted access filing. Ordered by Magistrate Judge Cheryl R. Zwart. (CS) (Entered: 04/12/2017)

ORDER that plaintiff Harold Bryan Wilson's Motion for Preliminary Injunction and/or Temporary Restraining Order and Motion to Add Additional Defendant (Filing No. 15 ) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. Plaintiff Riley Nicole Shadle's Motion for Reconsideration (Filing No. 24 ) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. Wilson's Motion for Temporary Restraining Order and Preliminary Injunction (Filing No. 27 ) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. The stay is lifted. The plaintiffs shall have until May 26, 2017, to respond to the defendants' Motion to Dismiss. Ordered by Judge Robert F. Rossiter, Jr. (JSF) (Entered: 04/26/2017)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 5/10/2017. Receipt number 8042569, in the amount of $22.36. (SLP)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold B. Wilson on 5/10/2017. Receipt number 8042577, in the amount of $45.57. (SLP)

UNOPPOSED MOTION to Extend Filing Deadline Order,,,, Terminate Motion and R&R Deadlines/Hearings,,,, Set/Reset Motion and R&R Deadlines/Hearings,,, 51 by Attorney Michael D. Gooch on behalf of Plaintiffs Riley Nicole Shadle, Harold Bryan Wilson.(Gooch, Michael) (Entered: 05/15/2017)

CASE CONFERENCING INSTRUCTIONS: RESTRICTED ORDER. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 05/15/2017)

TEXT ORDER granting 52 Motion to Extend. 1) Plaintiffs' Amended Complaint shall be filed on or before August 1, 2017. 2) A telephonic conference will the undersigned magistrate judge will be held on August 8, 2017 at 10:00 a.m. to discuss further case scheduling. Counsel shall use the conferencing information assigned to this case, (Filing No. 53), to participate in the conference. 3) Plaintiffs' deadline for responding to Defendants' motion to dismiss 42 is stayed pending further order of the court.Ordered by Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 05/15/2017)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold B. Wilson on 6/14/2017. Receipt number 8043019, in the amount of $ 45.24. (TCL)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 6/14/2017. Receipt number 8043010, in the amount of $ 32.00. (TCL)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold B. Wilson on 07/10/2017. Receipt number 8043350, in the amount of $ 45.57. (MBM)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 07/10/2017. Receipt number 8043339, in the amount of $ 25.32. (MBM)

TEXT ORDER CONTINUING HEARING: On the court's own motion Telephone Conference is continued to 8/10/2017 at 10:30 AM before Magistrate Judge Cheryl R. Zwart. Counsel shall participate using the conferencing instructions assigned to the case (see filing no. 53 ). Ordered by Magistrate Judge Cheryl R. Zwart. (TLSS) (Entered: 07/28/2017)

MOTION to Amend Without Showing Changes and to Add Defendants by Attorney Michael D. Gooch on behalf of Plaintiffs Riley Nicole Shadle, Harold Bryan Wilson. (Attachments: # 1 Amended Complaint)(Gooch, Michael) (Entered: 08/01/2017)

1 Amended Complaint

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AMENDED COMPLAINT against Defendant All Defendants, by Attorney Michael D. Gooch on behalf of Riley Nicole Shadle, Harold Bryan Wilson(Gooch, Michael) (Entered: 08/01/2017)

ORDER that Plaintiffs' anticipated motion to strike the amended complaint (Filing No. 57 ), and to file a new amended complaint shall be filed on or before August 18, 2017. Plaintiff need not outline or otherwise identify the changes in the amended complaint. Defendants' response to Plaintiff's amended complaint shall be filed on or before 30 days after the last defendant is served. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC) (Entered: 08/10/2017)

AMENDED COMPLAINT against Defendant All Defendants, by Attorney Michael D. Gooch on behalf of Riley Nicole Shadle, Harold Bryan Wilson(Gooch, Michael) (Entered: 08/18/2017)

TEXT ORDER. Plaintiffs' amended complaint has been filed. Their motion to amend, filing 56, is denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 08/21/2017)

TEXT ORDER. Plaintiffs have filed an amended complaint. Accordingly, Defendants' Motion to Dismiss for Failure to State a Claim 42 is denied as moot. However, as to all defendants, this order is entered without prejudice to Defendants re-filing a motion to dismiss on or before 30 days after all the newly added defendants have been served. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 08/21/2017)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 8/21/2017. Receipt number 8043838, in the amount of $ 23.15. (TCL)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold B. Wilson on 8/21/2017. Receipt number 8043847, in the amount of $ 45.32. (TCL)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold Bryan Wilson on 09/18/2017. Receipt number 8044188, in the amount of $45.08. (KLF)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Nicole Shadle also known as Dillon Shadle on 09/18/2017. Receipt number 8044170, in the amount of $20.00. (KLF)

UNOPPOSED MOTION to Amend Complaint by Attorney Michael D. Gooch on behalf of Plaintiffs Riley Nicole Shadle, Harold Bryan Wilson. (Attachments: # 1 Second Amended Complaint)(Gooch, Michael) (Entered: 10/14/2017)

1 Second Amended Complaint

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TEXT ORDER granting 62 Motion to Amend. Plaintiffs' Second Amended Complaint shall be filed on or before October 20, 2017. Defendants' response to the Second Amended Complaint shall be filed within 21 days after all new defendants have been deemed served by either actual service or by waiver of service. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 10/17/2017)

AMENDED COMPLAINT against Defendant Scott Frakes, Jason Geerdes, Jeff Wooten, Robert Madsen, by Attorney Michael D. Gooch on behalf of Riley Nicole Shadle, Harold Bryan Wilson(Gooch, Michael) (Entered: 10/17/2017)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Nicole Shadle also known as Dillon Shadle on 10/16/2017. Receipt number 8044557, in the amount of $36.00. (KLF)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold Bryan Wilson on 10/16/2017. Receipt number 8044567, in the amount of $45.57. (KLF)

ANSWER to Amended Complaint 64 by Scott Frakes, Jason Geerdes, Robert Madsen, Jeff Wooten (Lopez, David) (Entered: 11/07/2017)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold B. Wilson on 11/13/17. Receipt number 8044970, in the amount of $ 41.86. (LAC)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 11/13/17. Receipt number 8044958, in the amount of $ 38.49. (LAC)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Nicole Shadle on 11/30/2017. Receipt number 8045170, in the amount of $16.91. (SLP)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Nicole Shadle on 12/18/17. Receipt number 8045437, in the amount of $ 20.57. (LAC)

TEXT ENTRY THAT FILING fee paid on behalf of Riley Shadle in case 8:16CV546 on 12/18/2017, Receipt number 8045440, in the amount of $ 20.57 has been moved to this case. (SCR, )

ORDER that the parties shall review the undersigned magistrate judge's practices posted at Civil Case Management Practices. Counsel for the parties shall confer and, on or before January 26, 2018, they shall jointly file a Form 35 (Rule 26 (f)) Report, a copy of which can be found at http://www.ned.uscourts.gov/forms in Word and WordPerfect format. If one or more of the parties believes a planning conference is needed to complete the Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the Rule 26(f) Report, on or before January 17, 2018 a party shall contact my chambers at (402) 437−1670, or by email addressed to zwart@ned.uscourts.gov, to arrange a conference call. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC) (Entered: 12/27/2017)

MOTION for refund on behalf of Plaintiff Riley Nicole Shadle. (MBM) (Entered: 01/02/2018)

LETTER from Clerk's Office regarding # 67 Motion for refund on behalf of Plaintiff Riley Nicole Shadle.(LAC) (Entered: 01/03/2018)

TEXT ENTRY THAT FILING fee paid on behalf of Riley Shadle in case 8:16CV546 on 01/22/2018, Receipt number 8045843, in the amount of $ 22.00 has been moved to this case. (SCR, ) (Entered: 01/24/2018)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 1/22/18. Receipt number 8045842, in the amount of $ 23.35. (LAC) (Entered: 01/23/2018)

MOTION to Consolidate Case(s) 8:16−CV−524 and 4:18−CV−3011 by Attorney Ryan S. Post on behalf of Defendants Scott Frakes, Jason Geerdes, Robert Madsen, Jeff Wooten.(Post, Ryan) (Entered: 01/23/2018)

BRIEF in support of MOTION to Consolidate Case(s) 8:16−CV−524 and 4:18−CV−3011 69 by Attorney Ryan S. Post on behalf of Defendants Scott Frakes, Jason Geerdes, Robert Madsen, Jeff Wooten.(Post, Ryan) (Entered: 01/23/2018)

UNOPPOSED MOTION to Extend or Suspend the Parties' Deadline to Submit Rule 26(f) Report Pending Decision on the Motion to Consolidate by Attorney David A. Lopez on behalf of Defendants Scott Frakes, Jason Geerdes, Robert Madsen, Jeff Wooten.(Lopez, David) (Entered: 01/26/2018)

TEXT ORDER granting 71 Motion to Extend. The Rule 26(f) report deadline is stayed pending a ruling on the motion to consolidate. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 01/26/2018)

TEXT ENTRY THAT FINAL FILING fee paid on behalf of Riley Nicole Shadle on 1/30/18. Receipt number 4−7163, in the amount of $ 11.50. (CCB) (Entered: 01/30/2018)

Remark − The plaintiff's institution, LINCOLN CORRECTIONAL CENTER, is notified that the case is paid in full for Riley N Shadle. The institution is directed to cease collection of payments in this case. (SCR, ) (Entered: 01/30/2018)

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Shadle on 2/26/2018. Receipt number 8046322, in the amount of $ 25.00. (TCL) (Entered: 02/26/2018)

LETTER with Clerk's response on behalf of Plaintiff Riley Nicole Shadle.(TCL) (Entered: 02/27/2018)

Remark − Prisoner Overpayment (Public)− The plaintiff's institution, LINCOLN CORRECTIONAL CENTER, is notified that an overpayment has been received in this case for RILEY SHADLE. A refund check in the amount of $25.00 will be forthcoming. The institution is directed to cease collection of payments in this case. (SCR) (Entered: 02/27/2018)

TEXT ORDER: Plaintiffs' brief in response to Defendants' motion to consolidate (Filing No. 69 ) shall be filed on or before March 8, 2018, with any reply filed on or before March 15, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 03/01/2018)