Fiedler v. State of Nebraska Department of Roads et al

Filing 146

ORDER that this matter is before the court following a telephone conference with the parties on May 5, 2011. IT IS ORDERED: The plaintiff shall have until May 31, 2011, in which to file a response to the defendants MOTION for Summary Judgment 144 . The defendants shall have ten business days thereafter to file a reply. The deadlines and trial setting in the December 7, 2010, progression order (Filing No. 133) are canceled and will be established by the court following resolution of the defenda nts' motion for summary judgment. The Clerk of Court shall reassign this case to the pro se docket in accordance with General Order No. 2007-13. The Clerk of Court shall send a copy of this order to the plaintiff at: Eugene J. Fiedler, 2450 County Road F, Weston, NE 68070. Ordered by Magistrate Judge Thomas D. Thalken. (copy mailed as directed)(ADB, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EUGENE J. FIEDLER,
Plaintiff,
v.
STATE OF NEBRASKA DEPARTMENT
OF ROADS, et al.,
Defendants.

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4:08CV3144

ORDER

This matter is before the court following a telephone conference with the parties on
May 5, 2011. The plaintiff participated pro se and the defendants were represented by
Jennifer A. Huxoll. The plaintiff’s previous counsel was given leave to withdraw and the
plaintiff had an opportunity to secure substitute counsel. However, no new counsel has
entered an appearance. The defendants have filed a motion for a motion for summary
judgment (Filing No. 144). Accordingly,
IT IS ORDERED:
1.

The plaintiff shall have until May 31, 2011, in which to file a response to the

defendants’ motion for summary judgment, in accordance with Fed. R. Civ. P. 56 and
NECivR 7.1 and 56.1. The defendants shall have ten business days thereafter to file a
reply.
2.

The deadlines and trial setting in the December 7, 2010, progression order

(Filing No. 133) are canceled and will be established by the court following resolution of the
defendants’ motion for summary judgment.
3.

The Clerk of Court shall reassign this case to the pro se docket in accordance

with General Order No. 2007-13.
4.

The Clerk of Court shall send a copy of this order to the plaintiff at:
Eugene J. Fiedler
2450 County Road F
Weston, NE 68070

DATED this 5th day of May, 2011.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge