Emilio v. Nebraska Department of Correctional Services et al

Filing 83

MEMORANDUM AND ORDER - Plaintiff's Motion to Stay Case Progression (Filing No. 72 ) and Motion for Order Compelling Discovery (Filing No. 73 ) are denied as moot. Defendant's Motion to File Under Seal (Filing No. 74 ) is held in abeyance pending the court's decision on the unsealed portions of the Motion for Summary Judgment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PAVON EMILIO,
Plaintiff,
v.
NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES, and
FRED BRITTEN, Warden,
Defendants.

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4:13CV3073

MEMORANDUM
AND ORDER

This matter is before the court for case management. The following motions
are currently pending:
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Plaintiff’s Motion to Stay Case Progression (Filing No. 72) and Motion for
Order Compelling Discovery (Filing No. 73) filed on March 2, 2015.
Defendant’s Motion to File Under Seal (Filing No. 74) and Motion for
Summary Judgment (Filing No. 77) filed on March 5, 2015. Along with these
motions, Defendant filed a provisionally-sealed Brief (Filing No. 75) in support
of the Motion for Summary Judgment and twelve provisionally-sealed exhibits
(Filing No. 76). Defendant also filed an unsealed Brief (Filing No. 78) in
support of the Motion for Summary Judgment and 17 unsealed exhibits (Filing
No. 79). On March 27, 2015, Plaintiff filed a Brief (Filing No. 81) and an
Exhibit Index (Filing No. 82) in response to the unsealed portions of
Defendant’s Motion for Summary Judgment.

Plaintiff filed his Motion to Stay Case Progression (Filing No. 72) and Motion
for Order Compelling Discovery (Filing No. 73) prior to Defendant’s filing of a
Motion for Summary Judgment. Because Plaintiff has now filed a response to the
Motion for Summary Judgment, his Motion to Stay Case Progression (Filing No. 72)
and Motion for Order Compelling Discovery (Filing No. 73) will be denied as moot.

Separately, at this time, the court will not consider the provisionally-sealed
Brief (Filing No. 75) or provisionally-sealed exhibits (Filing No. 76) in deciding
Defendant’s Motion for Summary Judgment. Those documents have not been served
on Plaintiff and he has been given no opportunity to review them in response to
Defendant’s motion. In other words, the court will only consider the unsealed
arguments and evidence submitted by Defendant in ruling on the Motion for Summary
Judgment.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion to Stay Case Progression (Filing No. 72) and Motion
for Order Compelling Discovery (Filing No. 73) are denied as moot.
2.
Defendant’s Motion to File Under Seal (Filing No. 74) is held in
abeyance pending the court’s decision on the unsealed portions of the Motion for
Summary Judgment.
DATED this 30th day of March, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
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