Anaya et al v. Peterson et al

Filing 68

ORDER. It is ordered that: 1.The parties are given until December 29, 2008 to submit initial briefs regarding the relevance of Anaya II to the question of injunctive and declaratory relief in this case.2.The parties are given until January 12, 2009 to submit reply briefs.3. This matter will be deemed submitted on January 13, 2009, and my chambers shall call this matter to my attention at that time. Ordered by Judge Richard G. Kopf. (KLL, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA M A R Y and JOSUE ANAYA, in d iv id u a lly and as next friends of JOEL E Z E K IE L ANAYA, P l a i n t if f s , v. D O N KLEINE, in his individual and o f f icia l capacity as Douglas County A tto rn e y, and NICOLE GOALEY, in h e r individual and official capacity as an A s s is ta n t Douglas County Attorney, D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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M EM ORANDUM A N D ORDER

T h e Nebraska Supreme Court recently decided In re Anaya 276 Neb. 825, --- N.W.2d ----, 2008 WL 5101453 (Neb., December 05, 2008) (Anaya II). That decision is relevant to the remaining claims for injunctive and declaratory relief in this case. Those claims are a s s e rte d against Mr. Kleine and Ms. Goaley, Douglas County, Nebraska attorneys. For example, a good argument can be made that no equitable relief is necessary or p ro p e r given the decision in Anaya II. I will give the parties an opportunity to submit a d d itio n a l briefs regarding their motions for summary judgment. Accordingly, IT IS ORDERED that: 1. T h e parties are given until December 29, 2008 to submit initial briefs regarding

th e relevance of Anaya II to the question of injunctive and declaratory relief in this case. 2. T h e parties are given until January 12, 2009 to submit reply briefs.

3.

This matter will be deemed submitted on January 13, 2009, and my chambers

s h a ll call this matter to my attention at that time. D e c em b e r 8, 2008. B Y THE COURT: S /R ich a rd G. Kopf United States District Judge