Shelden v. Smith et al

Filing 20

ORDER - IT IS ORDERED that: In addition to the matters typically included in a Rule 26 report, the parties in this case shall include a statement in their Rule 26 report as to whether they, or any one of them, consent to consolidation of this case with 4:09CV3144, 4:09CV3146, 4:09CV3147 and 4:09CV3148 for purposes of discovery and trial. The Clerk shall provide a copy of this Order to Judge Zwart. Ordered by Senior Judge Richard G. Kopf. (Copy emailed to Judge Zwart) (TCL )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ) ) ) Plaintiff, ) ) V. ) DEP. BURDETTE SEARCEY, in his ) ) official and individual capacities, ) DEP. GERALD LAMKIN, in his ) official and individual capacities, SHERIFF JERRY O. DEWITT, in his ) ) official and individual capacities, ) WAYNE R. PRICE, Ph.D., in his ) official and individual capacities, ) GAGE COUNTY SHERIFF’S ) OFFICE, a Nebraska political ) subdivision, COUNTY OF GAGE, ) NEBRASKA, a Nebraska political ) subdivision, and RICHARD T. SMITH, in his official and individual ) ) capacities, ) ) Defendants. ) DEB SHELDEN, 4:11CV3099 ORDER I have consolidated 4:09CV3144, 4:09CV3146, 4:09CV3147 and 4:09CV3148 for trial. Trial of those cases has been set for January 6, 2014 and a progression order has been entered in those cases on February 5, 2013. In this case, Judge Zwart has issued a scheduling order calling for a Rule 26 report by February 22, 2013. I am inclined to believe that this case should be consolidated with the others for both discovery and trial, but I want to know the views of the parties before I decide that question. Accordingly, IT IS ORDERED that: 1. In addition to the matters typically included in a Rule 26 report, the parties in this case shall include a statement in their Rule 26 report as to whether they, or any one of them, consent to consolidation of this case with 4:09CV3144, 4:09CV3146, 4:09CV3147 and 4:09CV3148 for purposes of discovery and trial. 2. The Clerk shall provide a copy of this Order to Judge Zwart. DATED this 14th day of February, 2013. BY THE COURT: Richard G. Kopf Senior United States District Judge -2-

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