Taylor v. Holtmeyer et al

Filing 37

ORDER- The trial of this case set to begin on August 18, 2015, is continued. A videoconference is set for 9:00 a.m. on August 18, 2015, in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The plaintiff shall appear by video, and counsel for the defendant shall be present in the courtroom. The Department of Corrections is instructed to make Plaintiff available beginning on August 18, 2015 at 9:00 a.m. through the duration of the videoconference. The D epartment of Corrections is further instructed to cooperate with the Court in allowing the plaintiff to appear via videoconference. The defendant's counsel shall serve a copy of this order on the Department of Corrections and file notice after service has been completed. Ordered by Judge John M. Gerrard. (GJG) Modified on 8/13/2015 to add (Copy mailed to pro se party) (GJG).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DE-VAUNTE J. TAYLOR,
Plaintiff,

4:14-CV-3127

vs.
ORDER
JAMES E. HOLTMEYER,
Defendant.
This matter is before the Court on its own motion. It has become
apparent to the Court that there are practical limitations to conducting a jury
trial with a pro se plaintiff appearing remotely that will, in the Court's view,
unduly impose on the jurors and prejudice the parties in the presentation of
their respective cases. Accordingly, the Court will continue the trial currently
set to begin on August 18, 2015, so that other arrangements can be made.
The Court will conduct a videoconference at 9:00 a.m. on August 18,
2015, to discuss with the parties how the case should progress and be tried.
Issues to be addressed at the teleconference will include (1) whether the
Court should order the plaintiff to be transported for trial, (2) whether
counsel should be appointed to represent the plaintiff, (3) the place of trial,
and (4) whether the parties still prefer to try the case to a jury.
IT IS ORDERED:
1.

The trial of this case set to begin on August 18, 2015, is
continued.

2.

A videoconference is set for 9:00 a.m. on August 18, 2015,
in Courtroom 2, Roman L. Hruska Federal Courthouse, 111
South 18th Plaza, Omaha, Nebraska. The plaintiff shall
appear by video, and counsel for the defendant shall be
present in the courtroom.

3.

The Department of Corrections is instructed to make
Plaintiff available beginning on August 18, 2015 at 9:00
a.m. through the duration of the videoconference. The
Department of Corrections is further instructed to

cooperate with the Court in allowing the plaintiff to appear
via videoconference. The defendant's counsel shall serve a
copy of this order on the Department of Corrections and file
notice after service has been completed.
Dated this 13th day of August, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge

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