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Administrative Office of the Courts and Probation Calendar

05/30/2016 (All day)

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Court of Appeals Courtroom, State Capitol Building, Lincoln, Nebraska

Shaffer v. Health and Human Services

S-14-0165, Delores Shaffer and Guardian and Next Friend of Brian Shaffer, an Incapacitated Person (Appellee) v. Nebraska Department of Health and Human Services and Vivianne M. Chaumont, Director, Division of Medicaid and Long-Term Care

Lancaster County, Judge Paul D. Merritt, Jr.

Attorneys: Thomas J. Kenny, Kathryn E. Jones, Edward M. Fox II (Kutak Rock LLP) (Appellant Coventry Health Care) --- Alan E. Peterson, Thomas J. O’Neill and Douglas J. Peterson (Keating O’Gara, Nedved & Peter PCLLO) (Appellee)

In re Interest of Zachary D.

S-14-0263, In re Interest of Zachary D.

Douglas County Separate Juvenile Court, Judge Christopher E. Kelly

Attorneys: Marcie Berquist (Special Assistant Attorney General) (Appellant - DHHS) – Patrick A. Campagna, Britt H. Dudzinski (Lustgarten & Roberts PCLLO) (Guardian Ad Litem) and A. Jill Stigge, Senior Certified Law Student

Civil: Contempt

Proceedings below: The trial court found DHHS in contempt and sentenced DHHS to pay a fine of $5000 or purge and acquit itself by preparing and distributing specific written policies.

Marion's Quality Services, Inc. v. Health and Human Services

S-13-0834, Marion’s Quality Services d/b/a/ It’s a Kidz World Child Care Center and Deb’s Learning Place Family Child Home II v. DHHS

Lancaster County District Court, Judge Robert R. Otte

Attorneys: James R. Place (Appellants) – Jon Bruning / Michael Rumbaugh (DHHS)

State ex rel. Counsel/Discipline v. Thebarge

S-13-1001 and S-14-0120, State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court (Relator) v. Lenny W. Thebarge, Jr. (Respondent)

Original Proceedings

Attorneys: Kent L. Frobish (Assistant Counsel for Discipline) --- no brief filed by Respondent

Civil: Attorney Discipline

Proceedings below: Respondent failed to file an answer to the formal charges. The Supreme Court granted Relator’s motion for judgment on the pleadings limited to the facts and the parties were directed to brief the issue of discipline.

Van Kleek v. Farmers Insurance Exchange

S-13-1006, Jennifer Van Kleek v. Farmers Insurance Exchange

Douglas County, Judge Shelly R. Stratman

Attorneys: Richard Rensch and Sean P. Rensch for Appellant; Daniel Chesire and Anastasia Walker (Lamson, Dugan & Murray) for Appellees

Declaratory Judgment – Insurance Coverage

State v. Contreras (PFR)

S-13-1009, State v. Gabriel Contreras (Appellant)

Hall County, Judge William T. Wright

Attorneys: Gerard A. Piccolo/Robert W. Alexander (Public Defender) (Appellant) --- Nathan A. Liss (Attorney General’s Office)

Criminal: DUI, 4th offense; Refusal to Submit, 3rd offense; Refusal to Submit to Preliminary Breath Test

State v. Banks

S-13-0740, State v. Antonio L. Banks (Appellant)

Lancaster County, Judge Stephanie P. Stacy

Attorneys: Antonio Banks (Pro-se Appellant) --- James D. Smith (Attorney General’s Office)

Criminal: Postconviction releif

Proceedings below: Appellant was denied postconviction relief without an evidentiary hearing.

Issues: The district court erred in 1) denying Appellant the right to be heard, 2) failing to grant Appellant an evidentiary hearing, 3) disregarding Appellant’s argument concerning a ‘Batson’ violation.



Johnson v. O'Connor

S-14-0021, Charleen M. Johnson (Appellant) v. Blake E. O’Connor

Madison County District Court, Judge Mark A. Johnson

Attorneys: Joel E. Carlson (Stratton DeLay Doele Carlson & Buettner PCLLO) --- Michael C. Moyer (Moyer & Moyer) (Appellant)

Civil: Subject matter jurisdiction; custody, visitation, and parenting time

Damme v. Pike Enterprises, Inc.

S-14-0304, Patricia M. Damme v. Pike Enterprises, Inc. (Appellant)

Workers’ Compensation Court, Judge J. Michael Fitzgerald

Attorneys: Elaine A. Waggoner --- Christopher Sievers (Timmermier Gross & Prentiss) (Appellant)

Civil: Determination of benefits for injured worker

Proceedings below: The court found a causal relationship between the January 2013 surgery and Plaintiff’s 2009 work-related injury. The court ordered payment of the surgery and associated medical bills, weekly healing period benefits, and future medical treatments.

Stick v. City of Omaha

S-13-0797, Jacquelyn Stick (Appellant) v. City of Omaha (Appellee)

Douglas County, Judge W. Russell Bowie

Attorneys: Mandy Strigenz (Sibbernsen, Strigenz & Sibbernsen) for Appellant Jacquelyn Stick; Alan Thelen (Deputy City Attorney) for the Appellee City of Omaha

Civil: Political Subdivision Tort Claims Act