Phelps-Roper v. Heineman et al

Filing 95

ORDER regarding MOTION for Preliminary Injunction 5 filed by Shirley L. Phelps-Roper. Plaintiff's claims against Defendants Smith, Mizner, Houloose, Troutman, Mixan, Dammast and the City of Bellevue are dismissed, without prejudice; Plaintiff& #039;s motion for preliminary injunction 5 is denied as moot as to items c. through h. as listed in plaintiff's motion; a hearing on the remaining items in plaintiff's motion for preliminary injuction 5 is scheduled for 5/10/2010 at 3:30 p.m.; the parties are advised that because of the court's time limitations, evidence should be submitted in the form of written affidavits or declarations as ordered by Judge Laurie Smith Camp. (SED)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA SHIRLEY L. PHELPS-ROPER, Plaintiff, v. DAVE HEINEMAN, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 4:09CV3268

ORDER

This matter is before the Court on the Motion for Preliminary Injunction (Filing No. 5) filed by Plaintiff Shirley L. Phelps-Roper against all Defendants. The Court dismissed Counts III through VIII of the Amended Complaint (Filing No. 17) in its Order of April 19, 2010. (Filing No. 93.) Thus, Plaintiff's Motion for Preliminary Injunction will be denied as moot to the extent it seeks to enjoin acts alleged in Counts III through VIII. Further, Plaintiff has indicated to the Court that Counts I and II apply to Defendants Heineman, Bruning, Curry, McPhillips, Cox, Brueggemann, Kleine, Hays, Stacey, and Polikov. Because the remaining claims do not apply to Defendants Smith, Mizner, Houloose, Troutman, Mixan, Dammast, or the City of Bellevue, they will be dismissed from this action. Accordingly, IT IS ORDERED: 1. Plaintiff's claims against Defendants Smith, Mizner, Houloose, Troutman, Mixan, Dammast, and the City of Bellevue are dismissed, without prejudice; 2. Plaintiffs' Motion for Preliminary Injunction (Filing No. 5) is denied as moot as to items c. through h. as listed in Plaintiff's motion; 3. A hearing on the remaining items in Plaintiffs' Motion for Preliminary Injunction (Filing No. 5) is scheduled for Monday, May 10, 2010, at 3:30 p.m.,

before the undersigned in Courtroom No. 2, Third Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, 68102; and 4. The parties are advised that because of the Court's time limitations, evidence should be submitted in the form of written affidavits or declarations.

DATED this 26th day of April, 2009.

BY THE COURT:

S/Laurie Smith Camp United States District Judge