Wisbey v. Lincoln, City of

Filing 29

MEMORANDUM AND ORDER regarding: Report of Rule 26(f) Planning Meeting 6 filed by City of Lincoln. The parties have not filed the written consent to trial before the magistrate judge. On or before March 23, 2009, the parties shall either file a joint written consent to trial before the undersigned or a statement advising the court that the case should remain pending before the assigned district court judge. The pretrial conference and trial of this case are continued until further order. Ordered by Magistrate Judge David L. Piester. (JAB)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CHARLENE K. WISBEY, Plaintiff, v. CITY OF LINCOLN, Nebraska, Defendant. ) ) ) ) ) ) ) ) ) ) 4:08CV3093 MEMORANDUM AND ORDER The Report of Parties' Planning Conference filed on June 26, 2008 stated the parties consented to final resolution of this case by the undersigned magistrate judge. consent form. Filing No. 6. The report further stated the parties would file the necessary Filing No. 6, at CM/ECF p. 6. However, As of October 6, 2008, no consent form was filed. during the planning conference held that date, the parties again stated they would consent to trial before the undersigned magistrate judge. In reliance upon this verbal consent, the trial was set for trial before me on April 6, 2009, with the pretrial conference scheduled for March 19, 2009. The parties have not filed the written consent to trial before the magistrate judge. trial calendar. IT THEREFORE HEREBY IS ORDERED: 1. On or before March 23, 2009, the parties shall either file a joint written consent to trial before the undersigned or a statement advising the court that the case should remain pending before the assigned district court judge. The case therefore remains pending before the assigned district court judge, but it is not on his 2. The pretrial conference and trial of this case are continued until further order. DATED this 16th day of March, 2009. BY THE COURT: s/ David L. Piester United States Magistrate Judge David L. Piester 2

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