Trackwell v. B & J Partnership et al

Filing 294

MEMORANDUM AND ORDER denying without prejudice 291 Motion for Leave to file amended answer or response. In this case, there is an appeal pending to the United States Court of Appeals for the Eighth Circuit commenced by Ms. Wickenkamp. The proposed answer appears to be an attempt to address the waiver issue by asserting certain arguments and defenses that may have already been waived. I think it unwise to alter the pleading posture of this case while the appeal is pending. Ordered by Judge Richard G. Kopf. (Copy mailed and faxed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUDITH TRACKWELL,

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Plaintiff,
V.
B & J PARTNERSHIP, Ltd.,
Defendant,
and
MARY C. WICKENKAMP,
Judgment-Debtor

4:05CV3171

MEMORANDUM AND ORDER

Ms. Wickenkamp has filed a motion for leave to file an amended answer or response
(filing no. 291) to this Court’s order to show cause dated May 24, 2010 (filing no. 186). I will
deny the motion
In this case, there is an appeal pending to the United States Court of Appeals for the
Eighth Circuit commenced by Ms. Wickenkamp. My review of the briefs filed with the Court
of Appeals suggests that one of the issues raised on appeal is whether Ms. Wickenkamp has
waived certain arguments and defenses by pursuing dilatory litigation tactics. The proposed
answer appears to be an attempt to address the waiver issue by asserting certain arguments and
defenses that may have already been waived. In any event, I think it unwise to alter the
pleading posture of this case while the appeal is pending. Therefore,
IT IS ORDERED the motion for leave to file amended answer or response (filing no.
291) is denied without prejudice.
DATED this 25th day of April, 2011.
BY THE COURT:
Richard G. Kopf
United States District Judge