Lindsey v. Hollenbeck et al

Filing 40

ORDER denying 27 Motion for Default Judgment; granting 33 Motion to Set Aside Service; denying 35 Motion for Order; and granting 39 Motion for Extension of Time to File ( Summary Judgment Motion due 6/4/2014). Signed by Honorable James R. Marschewski on May 7, 2014. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION JOSEPH LINDSEY v. PLAINTIFF Civil No. 13-2192 SHERIFF WILLIAM (BILL) HOLLENBECK, Sebastian County, Arkansas; JAIL ADMINISTRATOR JOHN DEVANE; MEDICAL ADMINISTRATOR PAM CARNELL; ASSISTANT MEDICAL ADMINISTRATOR KATHY JONES; DIRECTOR OF INMATE MANAGEMENT JOHN MILLER; DIRECTOR OF NURSES CINDY MOORE; and NURSE CHERYL MAKINSON, All Sued in Both their Official and Individual Capacities DEFENDANTS ORDER Plaintiff has filed motions (Docs. 27 & 35) for default against Cheryl Makinson. The motions (Docs. 27& 35) are denied. Although service has been accepted for Makinson on two different occasions, it was accepted by those not having the authority to do so. Attorney Richard H. Strunks has filed a motion (Doc. 33) to set aside service on Makinson. The motion (33) is granted. However, counsel is directed to provide the Court with Makinson’s current address and phone number by May 19, 2014. Defendants have filed a motion (Doc. 39) for an extension of time to file their summary judgment motion. The motion (Doc. 39) is granted. Defendants are given until June 4, 2014, to file their summary judgment motion. IT IS SO ORDERED this 7th day of May 2014. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI CHIEF UNITED STATES MAGISTRATE JUDGE -1- AO72A (Rev. 8/82)

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