Linc-Drop, Inc. v. City of Lincoln et al

Filing 13

ORDER granting 12 Motion to Continue. On or before August 2, 2013, the parties shall file an Abbreviated Rule 26(f) report. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LINC-DROP, INC., A Nebraska
Corporation;
4:13CV3133
Plaintiff,
vs.

MEMORANDUM AND ORDER

CITY OF LINCOLN, et. al.;
Defendants.

After conferring with the parties, and with their joint agreement,
IT IS ORDERED that the City’s unopposed motion to continue, (Filing No. 12),
is granted as follows:
1)

The City will not enforce Nebraska Municipal Ordinance Number 19875,
codified as LMC § 9.30, pending the court’s consideration and ruling on
plaintiff’s pending motion for a preliminary injunction.

2)

The briefing schedule on Plaintiff’s Motion for Temporary Restraining
Order and Preliminary Injunction Order, (Filing No. 3), is stayed pending
further order of the court.

3)

On or before August 2, 2013, the parties shall file an Abbreviated Rule
26(f) report, a copy of which is attached, which sets forth their joint
proposal for further progression of this case.

July 22, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

Plaintiff,
vs.

ABBREVIATED
RULE 26(f)
REPORT

Defendant.
The following attorneys conferred to prepare this Report:
(Identify, for each party, the counsel who participated in preparing the Report).
The parties discussed the case and jointly make the following report:
CASE PROGRESSION:
A.

The proposed schedule below is for progression of this case to:
____ A preliminary injunction submission or proceeding only.
____ Trial.

B.

Experts.
1)

If expert witnesses are expected to provide testimony, counsel agree to at
least identify such experts, by name and address, (i.e., without the full
reports required by Rule 26(a)(2)), by _________________.

2)

Experts and, unless otherwise agreed, expert reports shall be served by
_________________. Note: The parties may agree on separate dates for
the plaintiff(s) and the defendant(s).

3)

Motions to exclude expert testimony on Daubert and related grounds will
be filed by _________________.

C.

Discovery.
1)

Written discovery under Rules 33 through 36 of the Federal Rules of Civil
Procedure will be completed by _________________.

2)

Depositions, whether or not they are intended to be used at any evidentiary
proceeding, will be completed by _________________.

D.

Other matters to which the parties stipulate and/or which the court should know or
consider:
__________________________________________________________.

E.

The next stage of this case, (whether by submission of evidence and briefs,
preliminary hearing, or trial) will ready to proceed by: (month, year) .

Dated: ________________________
______________________________
Counsel for Plaintiff(s)

______________________________
Counsel for Defendant(s)

CERTIFICATE OF SERVICE
I hereby certify that on ______________, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to the
following: ______________________________________________, and I hereby certify that I
have mailed by United States Postal Service the document to the following non CM/ECF
participants: _____________________________________________.
s/______________________________

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