Duffie v. City of Lincoln

Filing 72

MEMORANDUM AND ORDER that the parties' joint 71 Stipulation is approved. The defendants' 51 Motion to Strike plaintiff's jury demand is granted in part and denied in part. The progression schedule is amended. The telephonic conference before the undersigned magistrate judge remains scheduled to be held on September 16, 2014 at 11:30 a.m. to discuss the status of case progression and potential settlement. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LEROY DUFFIE,
Plaintiff,

4:13CV3169

vs.
MEMORANDUM AND ORDER
CITY OF LINCOLN, A Municipal
Corporation; NATHAN KAISER, JOHN
DOES, TOBIAS HITE, SHANE JENSEN,
Defendants.
IT IS ORDERED:

1)

The parties’ joint stipulation, (Filing No. 71), is approved.

2)

The defendants’ motion to strike plaintiff’s jury demand, (Filing No. 51),

is granted in part, and denied in part as follows:

a.

Plaintiff’s demand for jury trial shall be stricken as to all claims
requesting equitable relief and a declaratory judgment.

b.

Plaintiff’s demand for jury trial shall be stricken as to all claims
against the City of Lincoln or the police officers in the official
capacities on the following claims: (1) violation of Title II of the
Americans with Disabilities Act (42 U.S.C. § 12131 et seq.)
(“ADA”); (2) violation of Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. § 794); (3) negligence; and (4) violations of the
United States Constitution (42 U.S.C. § 1983), which include claims
of (a) excessive force in violation of the Fourth Amendment, (b)
search and seizure in violation of the Fourth Amendment (c)
violation of equal protection under the Fourteenth Amendment for
failure to train, and (d) violation of equal protection under the
Fourteenth Amendment for disparate treatment.

c.

3)

Plaintiff’s jury demand is not stricken as to his claims against the
police officers in their individual capacities.

The progression schedule is amended as follows:
a.
b.

The deposition deadline is extended to October 1, 2014.

c.

4.

The written discovery deadline is extended to October 1, 2014.

The deadline for filing motions for summary judgment and motions
to dismiss is extended to November 1, 2014. However, the trial and
pretrial conference may be continued on the court’s own motion if a
dispositive motion is filed after September 3, 2014.

The telephonic conference before the undersigned magistrate judge remains

scheduled to be held on September 16, 2014 at 11:30 a.m. to discuss the status of
case progression and potential settlement. Counsel for plaintiff shall place the
call.
July 14, 2014.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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