Pettigrew v. Cherry County School District No. 16-0006

Filing 78

MEMORANDUM AND ORDER Consolidating cases. The following cases are consolidated for all stages of the case prior to appeal, including trial: 4-11-cv-03166: Pettigrew v. Cherry County School District No. 16-0006 is hereby designated as the "Le ad Case," and 4-12-cv-03159: Pettigrew v. Cherry County School District No. 16-0006 a/k/a Valentine Community Schools and f/k/a Valentine Rural High School is designated as a "Member Case." Notices of Electronic Filing to be regenerated. Member Cases: 4:11-cv-03166-RGK-CRZ, 4:12-cv-03159-RGK-CRZ. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BUD PETTIGREW,
Plaintiff,

4:11CV3166

vs.
MEMORANDUM AND ORDER
VALENTINE COMMUNITY SCHOOLS,
CHERRY COUNTY SCHOOL DISTRICT
NO. 16-0006,
Defendants.
BUD PETTIGREW,
4:12CV3159
Plaintiff,
vs.
CHERRY COUNTY SCHOOL DISTRICT
NO. 16-0006, THAYER COUNTY
SCHOOL DISTRICT NO. 85-0070,
Defendants.
The above-captioned cases involve common and overlapping questions of law and
fact, and the parties are the same. Consolidating the cases will serve the interests of
justice and judicial economy. Accordingly,

IT IS ORDERED:

1)

The following cases are consolidated for all stages of the case prior to
appeal, including trial:
4-11-cv-03166: Pettigrew v. Cherry County School District No. 16-0006
4-12-cv-03159: Pettigrew v. Cherry County School District No. 16-0006
a/k/a Valentine Community Schools and f/k/a Valentine Rural High School

2)

4-11-cv-03166: Pettigrew v. Cherry County School District No. 16-0006 is
hereby designated as the “Lead Case,” and 4-12-cv-03159: Pettigrew v.

Cherry County School District No. 16-0006 a/k/a Valentine Community
Schools and f/k/a Valentine Rural High School is designated as a “Member
Case.”
3)

The court's CM/ECF System has the capacity for “spreading” text among
consolidated cases. If properly docketed, the documents filed in the Lead
Case will automatically be filed in the Member Case. To this end, the
parties are instructed to file in the Lead Case, 4-11-cv-03166: Pettigrew v.
Cherry County School District No. 16-0006, all further documents except
those described in paragraph 4 and to select the option “yes” in response to
the System’s question of whether to spread the text.

4)

The parties may not use the spread text feature to file complaints, amended
complaints, and answers; to pay filing fees electronically using pay.gov; to
file items related to service of process; or to file notices of appeal.

5)

If a party believes that an item in addition to those described in paragraph 4
should not be filed in both of these consolidated cases, the party must move
for permission to file the item in only one of the cases. The motion must be
filed in both of the consolidated cases using the spread text feature.

6)

After the clerk has consolidated the above-captioned cases within the
court’s CM/ECF System, the clerk shall regenerate Notices of Electronic
Filing as follows:
As to all filings in 4-11-cv-03166: Pettigrew v. Cherry County School
District No. 16-0006, the clerk shall send NEFs to the defense counsel of
record in 4-12-cv-03159: Pettigrew v. Cherry County School District No.
16-0006 a/k/a Valentine Community Schools and f/k/a Valentine Rural
High School.
As to all filings in 4-12-cv-03159: Pettigrew v. Cherry County School
District No. 16-0006 a/k/a Valentine Community Schools and f/k/a
Valentine Rural High School, the clerk shall send NEFs to the defense
counsel of record in 4-11-cv-03166: Pettigrew v. Cherry County School
District No. 16-0006.

October 10, 2012.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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