Reger v. Feidler

Filing 35

ORDER granting 34 Motion for Extension of Time. I shall grant counsel one more 90-day extension but if no joint stipulation for dismissal is filed within that 90-day period, this case will be dismissed without further notice.Ordered by Senior Judge Warren K. Urbom. (EJL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KELLY REGER, Individually and on behalf )
of K.N.R., a Minor,
)
)
Plaintiff,
)
)
v.
)
)
M.D. HERBERT FEIDLER,
)
)
Defendant.
)
)

4:10CV3101

ORDER ON MOTION FOR EXTENSION
OF TIME

On September 8, 2011, the court records indicate that this case was settled and Magistrate
Judge Cheryl R. Zwart’s Memorandum and Order, ECF No. 26, ordered that:
(1)

On or before December 7, 2011, the parties shall file a joint stipulation for dismissal
(or other dispositive stipulation), and shall submit a draft order of dismissal of Judge
Urbom’s chambers for full disposition of the case;

(2)

Absent compliance with this order, this case (including all counterclaims and the
like) may be dismissed without further notice;

On December 6, 2011, a Motion for Extension of Time, ECF No. 28, was filed with a request
for an extension of 90 days to file a Joint Stipulation of Dismissal. I granted that motion and
extended the deadline for 90 days, ECF No. 29.
On March 2, 2012, a second Motion for Extension of Time, ECF No. 30, was filed
requesting a 90 day continuance in the deadline to file a joint stipulation for dismissal. I granted that
motion and extended the deadline for another 90 days, ECF No. 31.
On June 4, 2012, a third Motion for Extension of Time, ECF No. 32, was filed again
requesting a continuance for 90 days in the deadline to file a joint stipulation for dismissal, saying
“[t]he New York court has not finalized the necessary forms.” Magistrate Judge Zwart granted that
motion and extended the deadline for filing a joint stipulation of dismissal to September 3, 2012.

On September 3, 2012, a fourth Motion for Extension of Time, ECF No. 34, was filed and
again requesting a 90 day continuance in the deadline to file a joint stipulation for dismissal, saying
“[t]he New York court has not finalized the necessary forms.”
This case has remained pending on the docket for almost one year after I received word the
case was settled. It is my understanding that this case involves a minor child who resides in New
York and the parties need to implement processes in the New York courts for approval of the
settlement before counsel can finalize the dismissal in this forum.
IT THEREFORE IS ORDERED that I shall grant counsel one more 90-day extension but if
no joint stipulation for dismissal is filed within that 90-day period, this case will be dismissed
without further notice.
Dated September 11, 2012.
BY THE COURT

____________________________________________
Warren K. Urbom
United States Senior District Judge

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