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 58 |
Filed: None, Entered: None |
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| 46 |
Filed: 7/15/2010, Entered: None |
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ORDER. It is ordered that:1.The temporary restraining order 15 is continued and expanded and enlarged as requested in the motion seeking to enlarge and expand the July 6, 2010 temporary restraining order 29 and that motion 29 is granted. All defendants, their officers, agents, servants, employees, and attorneys, or those persons in active concert or participation with them, are prohibited from enforcing Neb. Rev. Stat. sec. 28-928 against Plaintiff, while she is engaged in expressive activity on Thursday, July 15, 2010, from 9:15 to 10:00 a.m. near to or in the proximity of Temple Israel, 7023 Cass Streets, Omaha, Nebraska, and on Saturday, July 17, 2010, from 9:15 a.m. to 10:00 a.m. near to or in the proximity of Dundee Presbyterian Church, 5312 Underwood Ave., Omaha, Nebraska, while she is on public sidewalks or easements. 2.This temporary restraining order shall remain in effect until further order of the Court. No bond is required.3.Despite my earlier order 39 , the status conference scheduled for Monday, July 19, 2010, at 2:00 p.m. will be held as provided in the original order 27 setting that matter. A lawyer for each party shall participate.4.Hoping to avoid further expedited hearings and considering whether to expand the temporary restraining order statewide and without time limit during the pendency of this case while the merits are sorted out, counsel for Defendants are advised that I will ask them the questions outlined in my earlier order 34 when we discuss the status of this case on Monday. Ordered by Judge Richard G. Kopf. (KLL, ) (Entered: 07/15/2010)
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 45 |
Filed: 7/15/2010, Entered: None |
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TEXT ORDER SETTING HEARING: Status Conference set for 7/19/2010 at 02:00 PM in by Telephone before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 07/15/2010)
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 Request |
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| 44 |
Filed: 7/15/2010, Entered: None |
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REPLY regarding MOTION for Temporary Restraining Order Expanding/Enlarging July 6 TRO 29 by Attorney Joseph S. Risko on behalf of Defendant Leonard Houloose.(Risko, Joseph) (Entered: 07/15/2010)
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Request |
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| 43 |
Filed: 7/15/2010, Entered: None |
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TEXT STRIKE ORDER - Order 39 is stricken pursuant to Judge Kopf. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 07/15/2010)
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Request |
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| 42 |
Filed: 7/15/2010, Entered: None |
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AMENDED ORDER. All defendants in this case have consented to the plaintiff's motion to expand/enlarge the court's July 6, 2010 temporary restraining order ( 29 . Accordingly,IT IS ORDERED that the hearing scheduled for today at 1:00 p.m. is canceled. The telephonic hearing set in filing 27 remains scheduled on Monday, July 19, 2010, at 2:00 p.m. Ordered by Judge Richard G. Kopf. (KLL, ) (Entered: 07/15/2010)
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Request |
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| 41 |
Filed: 7/15/2010, Entered: None |
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NOTICE of Appearance by Attorney Joseph S. Risko on behalf of Defendant Leonard Houloose (Risko, Joseph) (Entered: 07/15/2010)
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Request |
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| 40 |
Filed: 7/15/2010, Entered: None |
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MOTION Consent to Expand/Enlarge Temporary Restraining Order by Attorney Diane M. Carlson on behalf of Defendant Donald Kleine.(Carlson, Diane) (Entered: 07/15/2010)
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Request |
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| 39 |
Filed: 7/15/2010, Entered: None |
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STRICKEN - ORDER. All defendants in this case have consented to the plaintiff's motion to expand/enlarge the court's July 6, 2010 temporary restraining order 29 . Accordingly,IT IS ORDERED that the hearings scheduled for today and Monday, July 19, 2010 are canceled. Ordered by Judge Richard G. Kopf. (KLL, ) Modified on 7/15/2010 to add "stricken" text pursuant to Order 43 . (JAB) (Entered: 07/15/2010)
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Request |
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| 38 |
Filed: 7/15/2010, Entered: None |
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ORDER. My judicial assistant has been advised by counsel that Defendants Kenneth Polikov, Donald Kleine and John Stacey also consent to the issuance of a temporary restraining order. Given that notice by email or orally,IT IS ORDERED that counsel for Defendants Kenneth Polikov, Donald Kleine and John Stacey are excused from the hearing today at 1:00 p.m. The hearing will be held for Defendant Leonard Houloose, who has not formally consented or otherwise advised the undersigned that they do consent to the issuance of the restraining order. Ordered by Judge Richard G. Kopf. (KLL, ) (Entered: 07/15/2010)
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Request |
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| 37 |
Filed: 7/15/2010, Entered: None |
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REPLY regarding MOTION for Temporary Restraining Order Expanding/Enlarging July 6 TRO 29 and consenting to that Motion by Attorney Michael F. Polk on behalf of Defendant John Stacey.(Polk, Michael) (Entered: 07/15/2010)
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Request |
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| 36 |
Filed: 7/15/2010, Entered: None |
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ORDER. Because counsel for the State defendants and the City of Omaha defendants have consented to the expansion and enlargement of the temporary restraining order, IT IS ORDERED that counsel for the State defendants and the City of Omaha are excused from the hearing at 1:00 p.m. today. The hearing will otherwise take place regarding those defendants who have not submitted such a consent. Ordered by Judge Richard G. Kopf. (KLL, ) (Entered: 07/15/2010)
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Request |
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| 35 |
Filed: 7/15/2010, Entered: None |
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REPLY regarding MOTION for Temporary Restraining Order Expanding/Enlarging July 6 TRO 29 (Consent to Motion) by Attorney Thomas O. Mumgaard on behalf of Defendant Alex Hayes.(Mumgaard, Thomas) (Entered: 07/15/2010)
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Request |
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| 34 |
Filed: 7/15/2010, Entered: None |
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ORDER. In preparation for today's hearing, I want counsel for the defendants to carefully read the following: Texas v. Johnson, 491 U.S. 397 (1990) and United States v. Eichman, 496 U.S. 310 (1990). Then, counsel for the defendants should be prepared to answer the following questions when I ask them at the hearing this afternoon:Recognizing your duty of candor to the tribunal, and following Johnson and Eichman, am I not bound to restrain future enforcement of the Nebraska flag statute at least as applied to the plaintiff and members of her church so long as they otherwise act peacefully while desecrating the American or Nebraska flag during their religiously motivated protests?If the answer to the foregoing question is "no," what federal precedent do you have to support your position?IT IS SO ORDERED. Ordered by Judge Richard G. Kopf. (KLL, ) (Entered: 07/15/2010)
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Request |
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| 33 |
Filed: 7/15/2010, Entered: None |
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REPLY regarding MOTION for Temporary Restraining Order Expanding/Enlarging July 6 TRO 29 Consent to Expand/Enlarge Temporary Restraining Order by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, Bryan Tuma.(Caldwell, Stephanie) (Entered: 07/15/2010)
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Request |
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| 32 |
Filed: 7/14/2010, Entered: None |
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INDEX in support of MOTION for Temporary Restraining Order Expanding/Enlarging July 6 TRO 29 by Attorney Margie J. Phelps on behalf of Plaintiff Margy M. Phelps-Roper.(Phelps, Margie) (Entered: 07/14/2010)
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Request |
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| 31 |
Filed: 7/14/2010, Entered: None |
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TEXT ORDER. ***A Telephone Conference between Judge Kopf and counsel concerning the plaintiff's motion to expand/enlarge TRO 29 is set for 7/15/2010 at 01:00 PM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Chambers will initiate the call.Ordered by Judge Richard G. Kopf. (KLL, ) (Entered: 07/14/2010)
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Request |
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| 30 |
Filed: 7/14/2010, Entered: None |
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BRIEF in support of MOTION for Temporary Restraining Order Expanding/Enlarging July 6 TRO 29 by Attorney Margie J. Phelps on behalf of Plaintiff Margy M. Phelps-Roper.(Phelps, Margie) (Entered: 07/14/2010)
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Request |
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| 29 |
Filed: 7/14/2010, Entered: None |
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MOTION for Temporary Restraining Order Expanding/Enlarging July 6 TRO by Attorney Margie J. Phelps on behalf of Plaintiff Margy M. Phelps-Roper.(Phelps, Margie) (Entered: 07/14/2010)
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Request |
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| 28 |
Filed: 7/12/2010, Entered: None |
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NOTICE of Appearance by Attorney Michael F. Polk on behalf of Defendant John Stacey (Polk, Michael) (Entered: 07/12/2010)
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Request |
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| 27 |
Filed: 7/12/2010, Entered: None |
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ORDER - The court wishes to conduct a telephonic status conference with counsel in this case. Counsel shall participate in a telephonic status conference with the undersigned United States district judge on Monday, July 19, 2010, at 2:00 p.m. All counsel shall contact Kris Leininger, my judicial assistant, at 402-437-1640 on or before Thursday, July 15, 2010, and provide her with the telephone number at which counsel can be reached for the telephonic status conference. Because counsel for defendants Colonel Bryan Tuma, L. Kenneth Polikov, Leonard Houloose, Donald Kleine, Alex Hayes, and John Stacey have not yet entered their appearance, Plaintiff's counsel shall obtain the identity and telephone number of counsel for these defendants. Plaintiff's counsel shall provide that information to Kris Leininger, my judicial assistant, on or before Thursday, July 15, 2010, so arrangements for the telephonic status conference can be made. Ordered by Judge Richard G. Kopf. (GJG) (Entered: 07/12/2010)
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Request |
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| 26 |
Filed: 7/12/2010, Entered: None |
Summons Issued |
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Summons Issued as to defendant Alex Hayes, Leonard Houloose, Donald Kleine, L Kenneth Polikov, Bryan Tuma. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (AOA) (Entered: 07/12/2010)
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Request |
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| 25 |
Filed: 7/11/2010, Entered: None |
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Summons Requested as to Colonel Bryan Tuma, L. Kenneth Polikov, Chief Leonard Houloose, Donald Kleine, Chief Alex Hayes regarding Amended Complaint 19 . (Phelps, Margie) (Entered: 07/11/2010)
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Request |
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| 24 |
Filed: 7/11/2010, Entered: None |
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BRIEF in support of MOTION Advance on Docket, Prompt Hearing, Etc. regarding MOTION for Summary Judgment for Declaratory Judgment, Permanent Injunction or Preliminary Injunction 20 MOTION Advance on Docket, Prompt Hearing, Etc. regarding MOTION for Summary Judgment for Declaratory Judgment, Permanent Injunction or Preliminary Injunction 20 23 by Attorney Margie J. Phelps on behalf of Plaintiff Margy M. Phelps-Roper.(Phelps, Margie) (Entered: 07/11/2010)
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Request |
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| 23 |
Filed: 7/11/2010, Entered: None |
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MOTION Advance on Docket, Prompt Hearing, Etc. regarding MOTION for Summary Judgment for Declaratory Judgment, Permanent Injunction or Preliminary Injunction 20 by Attorney Margie J. Phelps on behalf of Plaintiff Margy M. Phelps-Roper.(Phelps, Margie) (Entered: 07/11/2010)
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Request |
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| 22 |
Filed: 7/11/2010, Entered: None |
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INDEX in support of MOTION for Summary Judgment for Declaratory Judgment, Permanent Injunction or Preliminary Injunction 20 by Attorney Margie J. Phelps on behalf of Plaintiff Margy M. Phelps-Roper.(Phelps, Margie) (Entered: 07/11/2010)
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Request |
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| 21 |
Filed: 7/11/2010, Entered: None |
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BRIEF in support of MOTION for Summary Judgment for Declaratory Judgment, Permanent Injunction or Preliminary Injunction 20 by Attorney Margie J. Phelps on behalf of Plaintiff Margy M. Phelps-Roper.(Phelps, Margie) (Entered: 07/11/2010)
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Request |
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| 20 |
Filed: 7/11/2010, Entered: None |
Motion for Summary Judgment |
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MOTION for Summary Judgment for Declaratory Judgment, Permanent Injunction or Preliminary Injunction by Attorney Margie J. Phelps on behalf of Plaintiff Margy M. Phelps-Roper.(Phelps, Margie) (Entered: 07/11/2010)
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Request |
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| 19 |
Filed: 7/8/2010, Entered: None |
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AMENDED COMPLAINT against Defendant Jon Bruning, Bryan Tuma, L Kenneth Polikov, Leonard Houloose, Donald Kleine, Alex Hayes, John Stacey, by Attorney Margie J. Phelps on behalf of Margy M. Phelps-Roper(Phelps, Margie) (Entered: 07/08/2010)
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Request |
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| 18 |
Filed: 7/7/2010, Entered: None |
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APPLICATION/ORDER admitting pro hac vice Attorney Margie J. Phelps for Plaintiff Margy M. Phelps-Roper. Ordered by Deputy Clerk. (AOA) (Entered: 07/07/2010)
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Request |
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| 17 |
Filed: 7/7/2010, Entered: None |
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TEXT NOTICE REGARDING PROPOSED ORDER 2 by Deputy Clerk. Pursuant to NECivR 7.0.2, a moving party shall submit a proposed order to the judge. Electronically submitted proposed orders may not be combined with the motion into one document. The proposed order should be e-mailed in a word-processing format to the assigned judge. This notice is for your information for future filings. (JAB) (Entered: 07/07/2010)
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Request |
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| 16 |
Filed: 7/6/2010, Entered: None |
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AUDIO FILE (7.9 MB) regarding Motion for Temporary Restraining Order Hearing 11 held on 7/6/2010 at 3:00 p.m. before District Judge Richard G. Kopf. (GJG) (Entered: 07/06/2010)
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| 15 |
Filed: 7/6/2010, Entered: None |
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MEMORANDUM AND ORDER- The motion for a temporary restraining order (filing 2 ) is granted as provided herein. Defendant, his officers, agents, servants, employees, and attorneys, or those persons in active concert or participation with them, are prohibited from enforcing Neb. Rev. Stat. § 28-928 against Plaintiff, while she is engaged in expressive activity on Wednesday, July 7, 2010, from 10:00-10:30 a.m. on public sidewalks or easements near Sheridan Lutheran Church, 6955 Old Cheney Road, Lincoln, Nebraska; and from 11:30 a.m. 12:30 p.m., on public sidewalks or easements at K Street & 16th Street, Lincoln, Nebraska. This temporary restraining order will expire on July 20, 2010 unless extended by subsequent order. No bond is required. Ordered by Judge Richard G. Kopf. (GJG) (Entered: 07/06/2010)
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| 14 |
Filed: 7/6/2010, Entered: None |
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TEXT STRIKE ORDER that Pursuant to General Order Number 2006-01, and at the direction of Chambers, the Order on Motion for TRO, 13 is stricken for the following reason: incorrect PDF document attached. Ordered by Deputy Clerk. (GJG) (Entered: 07/06/2010)
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Request |
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| 13 |
Filed: 7/6/2010, Entered: None |
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STRICKEN - MEMORANDUM AND ORDER - The motion for a temporary restraining order (filing 2 ) is granted as provided herein. Defendant, his officers, agents, servants, employees, and attorneys, or those persons in active concert or participation with them, are prohibited from enforcing Neb. Rev. Stat. § 28-928 against Plaintiff, while she is engaged in expressive activity on Wednesday, July 7, 2010, from 10:00-10:30 a.m. on public sidewalks or easements near Sheridan Lutheran Church, 6955 Old Cheney Road, Lincoln, Nebraska; and from 11:30 a.m. 12:30 p.m., on public sidewalks or easements at K Street & 16th Street, Lincoln, Nebraska. This temporary restraining order will expire on July 20, 2010 unless extended by subsequent order. No bond is required. Ordered by Judge Richard G. Kopf. (GJG) Modified on 7/6/2010 to strike pursuant text order filing 14 (GJG). (Entered: 07/06/2010)
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Request |
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| 12 |
Filed: 7/6/2010, Entered: None |
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NOTICE regarding Complaint 1 Civil Cover Sheet by Attorney Margie J. Phelps on behalf of Plaintiff Margy "Megan&qu M Phelps-Roper (Phelps, Margie) (Entered: 07/06/2010)
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Request |
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| 11 |
Filed: 7/6/2010, Entered: None |
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TEXT MINUTE ENTRY regarding Motion for Temporary Restraining Order proceedings held in Lincoln, Nebraska before Judge Richard G. Kopf. Hearing held on 7/6/2010 regarding MOTION for Temporary Restraining Order 2 . Counsel for Plaintiff appeared by telephone. The motion for Temporary Restraining Order is granted. Written order forthcoming. Courtroom Deputy: Gale Gomez; Reporter: Digital Recorder; Appearance for Plaintiff: Margie J. Phelps: Appearance for Defendant: Stephanie Caldwell and Thomas Stine ; Written order forthcoming. Time Start: 3:00 p.m. Time Stop: 3:30 p.m. (GJG, ) (Entered: 07/06/2010)
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Request |
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| 10 |
Filed: 7/6/2010, Entered: None |
Summons Issued |
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Summons Issued as to defendant Jon Bruning. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (AOA) (Entered: 07/06/2010)
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Request |
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| 9 |
Filed: 7/6/2010, Entered: None |
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INDEX in support of Index 4 Suplemental Index by Attorney Margie J. Phelps on behalf of Plaintiff Margy "Megan&qu M Phelps-Roper.(Phelps, Margie) (Entered: 07/06/2010)
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Request |
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| 8 |
Filed: 7/6/2010, Entered: None |
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Summons Requested as to regarding Complaint 1 . (Phelps, Margie) (Entered: 07/06/2010)
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Request |
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| 7 |
Filed: 7/6/2010, Entered: None |
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NOTICE regarding Order Setting Hearing on Motion,, 6 per Order of the Court by Attorney Margie J. Phelps on behalf of Plaintiff Margy "Megan&qu M Phelps-Roper (Phelps, Margie) (Entered: 07/06/2010)
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Request |
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| 6 |
Filed: 7/6/2010, Entered: None |
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ORDER Setting Hearing on Motion regarding MOTION for Temporary Restraining Order 2 . Motion Hearing set for 7/6/2010 at 03:00 PM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. If any party wishes to appear by telephone, counsel should contact Gale Gomez at 402-437-1903 after 1:30 today to arrange connection by telephone. Plaintiff's counsel shall give immediate notice of this hearing to the defendant. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 07/06/2010)
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Request |
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| 5 |
Filed: 7/6/2010, Entered: None |
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TEXT NOTICE OF JUDGES ASSIGNED: Judge Richard G. Kopf and Magistrate Judge Cheryl R. Zwart assigned. (AOA) (Entered: 07/06/2010)
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Request |
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| 4 |
Filed: 7/6/2010, Entered: None |
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INDEX in support of MOTION for Temporary Restraining Order 2 by Attorney Margie J. Phelps on behalf of Plaintiff Margy "Megan&qu M Phelps-Roper.(Phelps, Margie) (Entered: 07/06/2010)
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Request |
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| 3 |
Filed: 7/6/2010, Entered: None |
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BRIEF in support of MOTION for Temporary Restraining Order 2 by Attorney Margie J. Phelps on behalf of Plaintiff Margy "Megan&qu M Phelps-Roper.(Phelps, Margie) (Entered: 07/06/2010)
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Request |
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| 2 |
Filed: 7/6/2010, Entered: None |
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MOTION for Temporary Restraining Order by Attorney Margie J. Phelps on behalf of Plaintiff Margy "Megan&qu M Phelps-Roper. (Attachments: # 1 Proposed TRO)(Phelps, Margie) (Entered: 07/06/2010)
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Request |
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| 1 |
Filed: 7/6/2010, Entered: None |
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COMPLAINT against Margy "Megan&qu M Phelps-Roper ( Filing fee $ 350, receipt number 0867-1814853)Margy "Megan&qu M Phelps-Roper(Phelps, Margie) (Entered: 07/06/2010)
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