Phelps-Roper v. Heineman et al

Filing 212

ORDER granting 208 Motion to Extend. The written discovery deadline is extended to March 14, 2014. Any additional written discovery shall be limited to the question of why videos and photographs of picketing activities were not retained. All other deadlines established in this case remain as presently set. Ordered by Magistrate Judge F.A. Gossett. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHIRLEY L. PHELPS-ROPER,

)
)
Plaintiff,
)
)
V.
)
)
DAVE HEINEMAN, In His Capacity )
as Governor of the State of Nebraska, )
JON BRUNING, In His Capacity as
)
Attorney General of the State of
)
Nebraska, DONALD KLEINE, In His )
Capacity as Douglas County Attorney, )
ALEX HAYES, In His Capacity as
)
Chief of the Omaha Police
)
Department, and JOHN/JANE
)
DOE(S), in Their Official Capacities, )
)
Defendants.
)

4:09CV3268

ORDER

Defendants have moved for a fourteen day extension of time to complete written
discovery. (Filing 208.) Defendants contend that Plaintiff has indicated that cameras are
present at pickets undertaken by Westboro members, but that videos or photographs are not
always retained. Defendants desire an enlargement of time to inquire as to the circumstances
of the absence of the photos and videos. Plaintiff opposes the motion to extend, arguing that
Defendants have been aware of this issue since December, 2013, and that discovery
regarding this matter should have been pursued at an earlier time.
Having considered the matter, the Court will grant the motion to extend, as the
requested extension is short and will not impact other deadlines established in this case.
However, any additional written discovery must focus on the narrow issue of why certain
videos and photographs of Westboro members’ picketing activities were purportedly not
retained.
Accordingly,

IT IS ORDERED:
1.

Defendants’ Motion for Enlargement of Time (filing 208) is granted. The
written discovery deadline is extended to March 14, 2014. Any additional
written discovery shall be limited to the question of why videos and
photographs of picketing activities were not retained.

2.

All other deadlines established in this case remain as presently set.

DATED March 3, 2014.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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