Sampson v. Schenck et al

Filing 784

ORDER that the plaintiff's claims against defendants William Lambert, Charles OCallaghan, and the Douglas County Sheriff's Office are dismissed, the parties to pay their own costs. Ordered by Judge Joseph F. Bataillon. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NICHOLAS SAMPSON,
Plaintiff,

8:07CV155

v.
ORDER
INVESTIGATOR WILLIAM LAMBERT, in
his official and individual capacities;
INVESTIGATOR CHARLES
O'CALLAGHAN, in his official and
individual capacities; DOUGLAS COUNTY
SHERIFF'S OFFICE, DAVID W. KOFOED,
in his official and individual capacities;
Defendants.

This matter is before the court on its own motion. The plaintiff's claims against
defendants Earl Schenck and Sandy Weyers, in their individual and official capacities,
and against defendant Cass County Sheriff’s Office, were dismissed pursuant to the
parties’ stipulation on August 1, 2013. Filing No. 709. The court was advised that this
action was settled with respect to defendants Lambert, O'Callaghan, and Douglas
County. See Filing No. 772, Memorandum and Order at 2. The plaintiff was ordered to
show cause why the action should not be dismissed with respect to defendants
Lambert, O'Callaghan, and the Douglas County Sheriff's Office. Filing No. 776. In
response, the plaintiff has shown that the Douglas County Sheriff’s Office has satisfied
the terms of the settlement. Filing No. 779, Status Report at 1. Further, the plaintiff has
shown that the State of Nebraska, on behalf of defendants Lambert and O’Callaghan,
has submitted the claim to the state legislature for approval and does not expect any
problems or difficulties. Id. at 2. The court has now entered judgment against the
remaining defendant, David Kofoed.

Accordingly, there remains nothing left for

disposition in this case. For docket control purposes, the court finds the action should
be dismissed. The court retains jurisdiction to enforce the settlement.
IT IS HEREBY ORDERED that the plaintiff's claims against defendants William
Lambert, Charles O’Callaghan, and the Douglas County Sheriff's Office are dismissed,
the parties to pay their own costs.
DATED this 31st day of March, 2014.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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