Dean v. Gage County, Nebraska, et al

Filing 175

ORDER that upon the reassignment of White v. Gage County, Nebraska, et al., 4:09cv3145 from Judge Urbom to Judge Kopf, the court finds that the six cases identified in the caption of this Order are consolidated for all purposes. A Jury Trial will co mmence on 1/6/2014 at 9:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. The Pretrial Conference will be held on 12/18/2013 at 12:00 PM in Chambers before Senior Judge Richard G. Kopf. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMES L. DEAN,
Plaintiffs,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.
CARROLL T. WHITE, as Personal
Representative of the Estate of Joseph White,
deceased;
Plaintiffs,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.
KATHLEEN A. GONZALEZ,
Plaintiff,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.
THOMAS W. WINSLOW,
Plaintiff,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.
ADA JOANN TAYLOR,
Plaintiff,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.

4:9CV3144
ORDER

4:9CV3145

4:9CV3146

4:9CV3147

4:9CV3148

DEB SHELDEN,
Plaintiff,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.

4:11CV3099

Upon the reassignment of White v. Gage County, Nebraska, et al, 4:9-cv-3145 from
Judge Urbom to Judge Kopf, the court finds that the above six cases should be consolidated as to
all stages of the case prior to appeal, including trial. The cases involve common questions of law
and fact, and the defendants are represented by the same counsel. Consolidating the cases will
serve the interests of justice and judicial economy.
Accordingly,
IT IS ORDERED:
A.

The cases identified in the caption of this Memorandum and Order are

consolidated for all purposes as follows;
1)

Dean v. Gage County, Nebraska, et al, 4:09CV3144, remains the "Lead Case,"
and the other five cases identified in the caption are each designated as
"Member Cases."

2)

The court's CM/ECF System has the capacity for "spreading" text among
consolidated cases. If properly docketed, the documents filed in the Lead Case
will automatically be filed in the Member Cases. To this end, the parties are
instructed to file in the Lead Case, 4:09CV3144, Dean v. Gage County,
Nebraska, et al, all further documents except those described in paragraph 3
and to select the option "yes" in response to the System's question of whether
to spread the text.

3)

The parties may not use the spread text feature to file complaints, amended
complaints, and answers; to pay filing fees electronically using pay.gov; to
file items related to service of process; or to file notices of appeal.

4)

If a party believes that an item in addition to those described in paragraph 3
should not be filed in all of these consolidated cases, the party must move for
permission to file the item in only one of the cases. The motion must be filed
in all of the consolidated cases using the spread text feature.

B.

As to all six consolidated cases:
1)

The progression schedule for the lead case remains unchanged and is now
applicable to all six of the above-captioned cases.

2)

A jury trial will commence at 9:00 A.M. on Monday, January 6, 2014, as the
number one case and prior to the trial of any criminal or civil cases scheduled
for that date. A total of 10 trial days is allocated for the trial including jury
selection and closing arguments.

2

3)

There are two issues (with sub-parts) for trial and they are:
* Did the defendants, or any one of them, conduct a reckless
investigation of a named plaintiff? If the answer to the foregoing
question is “yes,” was the reckless investigation a proximate cause of
some damage to a named plaintiff? If the answer to the foregoing
question is “yes,” what is the extent of the named plaintiff’s damages
(including punitive damages, if appropriate) and should any amount
paid to a named plaintiff by the State of Nebraska or Gage County in
other proceedings reduce the named plaintiff’s damages?
** Did the defendants, or any one of them, amass false evidence
against a named plaintiff? If the answer to the foregoing question is
“yes,” was the false evidence a proximate cause of some damage to a
named plaintiff? If the answer to the foregoing question is “yes,” what
is the extent of the named plaintiff’s damages (including punitive
damages, if appropriate) and should any amount paid to a named
plaintiff by the State of Nebraska or Gage County in other proceedings
reduce the named plaintiff’s damages?

4)

The plaintiffs’ claims against Richard T. Smith are dismissed with prejudice
and Mr. Smith is no longer a defendant.

5)

The parties will cooperate, schedule and arrange their discovery including the
exchange of expert reports. They will do so with little or no assistance from
the court. Discovery may be conducted by interrogatory, deposition, request
for admission or otherwise. Discovery shall be completed on or before
November 1, 2013.

6)

Any motions to compel shall be filed on or before September 2, 2013.

7)

Any discovery related motions or disputes that will not substantially alter the
schedule outlined in this Memorandum and Order are referred to the
undersigned magistrate judge for resolution. Any discovery related motions or
disputes that will substantially alter the schedule outlined herein shall be
resolved by Judge Kopf. The undersigned magistrate judge will advise Judge
Kopf if a discovery matter is likely to substantially alter the schedule outlined
herein.

8)

Motions in limine and proposed jury instructions and verdict forms shall be
filed on or before December 9, 2013.

9)

The pretrial conference will be held before Judge Kopf at 12:00 noon on
Wednesday, December 18, 2013, in Judge Kopf’s chambers. A maximum of
one hour is allocated to the pretrial conference. The parties will submit a
proposed pretrial conference order to Judge Kopf on Tuesday, December 17,
2013, that conforms to the requirements of the local rules of practice.

August 4, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

3