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Doe v. Knutson

United States District Court, D. Nebraska

July 16, 2018

JANE DOE, Plaintiff,
v.
SHAD KNUTSON, Defendant.

          Shad Knutson Omaha Correctional Center DEFENDANT - PRO SE.

          JANE DOE, Plaintiff, Richard P. McGowan, McGowan Law Firm, PC, LLO ATTORNEY FOR PLAINTIFF.

          ORDER ON FINAL PRETRIAL CONFERENCE

          Honorable Susan M. Bazis United States Magistrate Judge.

         A final pretrial conference was held on the 16th day of July, 2018. Appearing for the parties as counsel were:

Richard P. McGowan Theodore R. Boecker, Jr.
Shad Knutson, Pro Se

         The court will note that Mr. Knutson indicated he will be hiring an attorney. The court noted that no attorney has entered their appearance and no attorney has contacted the plaintiff's attorney indicating they represent Mr. Knutson. Due to no entry of an appearance by an attorney on Mr. Knudson's behalf the court went ahead with the pretrial conference.

         (A) Exhibits. See attached Exhibit List on behalf of the Plaintiff. Defendant has provided notice he objects to documents but has not specified the precise nature of each objection under the Federal Rules of Evidence.

         Plaintiff has not received an Exhibit List from the Defendant. Plaintiff understands that Defendant may desire to offer Plaintiff's school records from South Dakota, District 66 Public Schools, and Roncali Catholic School, in addition to records which may be contained within Plaintiff's Exhibit List. Plaintiff is not aware of any subpoenas for such records to date, nor has Plaintiff received any discovery requests for such records.

Caution: Upon express approval of the judge holding the pretrial conference for good cause shown, the parties may be authorized to defer listing of exhibits or objections until a later date to be specified by the judge holding the pretrial conference. The mere listing of an exhibit on an exhibit list by a party does not mean it can be offered into evidence by the adverse party without all necessary evidentiary prerequisites being met.

         (B) Uncontroverted Facts. The parties have agreed that the following may be accepted as established facts for purposes of this case only:

1. Plaintiff Jane Doe is a female resident of South Dakota.
2. Defendant Shad Knutson is an individually presently incarcerated in the Omaha Correctional Center in Omaha, Nebraska.
3. Nathan Hale Middle School is a school operated by the Omaha Public School system (hereinafter “OPS”).
4. OPS receives federal funding and at all times relevant herein was the recipient of federal funding and financial assistance utilized for educational programs and/or activities.
5. Knutson was previously employed as a teacher and a coach at Nathan Hale Middle School, including from August 2009 through December 2009.
6. Plaintiff Jane Doe attended Nathan Hale Middle School, including from August 2009 through early December 2009.
7. Plaintiff Jane Doe played on a football team coached by Defendant.
8. Plaintiff Jan Doe made allegations concerning Shad Knutson.
9. Subsequent to her allegations, Plaintiff Jan Doe was transferred to a different school.

         (C) Controverted and Unresolved Issues. The issues remaining to be determined and unresolved matters ...


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