Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Zuck v. Peart

United States District Court, D. Nebraska

March 18, 2015

WILLIAM ZUCK, Plaintiff,
v.
MARIO PEART, et al., Defendants.

MEMORANDUM AND ORDER

RICHARD G. KOPF, Senior District Judge.

This matter is before the court for case management. The following motions are pending in this case:

• a Motion to Dismiss (Filing No. 87) filed by Defendants Frank Hopkins and Robert Houston in their individual capacities;

• a Motion for Summary Judgment (Filing No. 135) filed by Defendants Mario Peart, Janet Boyer, Salvador Cruz, Diane Sabatka-Rine, Charles Glenn, Robert Madsen, Michael Dorton, and Tanya Dana in their individual and official capacities; and Robert Houston and Frank Hopkins in their official capacities;

• a Rule 56(d) Motion (Filing No. 151) filed by Plaintiff William Zuck;

• a "Motion for Clarification of Defendants' Attorneys in their Official and Individual Capacities" (Filing No. 156) filed by Zuck; and

• a Motion for Preliminary Injunction (Filing No. 159) filed by Zuck.

The court will address Zuck's motion seeking additional discovery (Filing No. 151) and requests for preliminary injunction and clarification (Filing Nos. 156 and 159) in the paragraphs that follow.

A. Discovery Motion

On September 14, 2014, Defendants filed a Motion for Summary Judgment. (Filing No. 135.) On January 9, 2015, Zuck filed a 264-page motion pursuant to Rule 56(d) of the Federal Rules of Civil Procedure. (Filing No. 151.) In support of his motion, he filed a 102-page affidavit (Filing No. 153) and a 199-page brief (Filing No. 154). On January 26, 2015, the court held Zuck's motion in abeyance pending the filing of an affidavit or declaration that:

plainly sets forth (1) the specific facts he hopes to elicit from further discovery, (2) that the facts sought exist, and (3) that these sought-after facts are essential to resist the summary judgment motion.

(Filing No. 155 at CM/ECF p. 2.)

Zuck filed a Declaration (Filing No. 157) in accordance with the court's order on February 9, 2015. Defendants filed a Response (Filing No. 158) to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.