Taylor v. Holtmeyer et al

Filing 41

ORDER granting plaintiff's motion for appointment of counsel. Robert W. Futhey is appointed to represent plaintiff and clerk is directed to provide a copy of this order to appointed counsel. Expenses and attorney fees shall be paid from th e Federal Practice Fund. Defendant's motion to reopen the time for filing dispositive motions is granted and parties are given until 10/19/15. On or before 9/1/15, counsel for the parties shall contact the Magistrate Judge's chambers to set a status conference to discuss case progression. Ordered by Judge John M. Gerrard. (Copy provided as directed and copy mailed to plaintiff)(CCB)

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 after a pretrial hearing, at which the
plaintiff reasserted his previously-denied motion to appoint counsel. The
defendant does not object to the appointment of counsel to represent the
plaintiff, but moved to reopen the time for filing dispositive motions.
Pursuant to 28 U.S.C. § 1915(e)(1), the Court "may request an attorney
to represent any person unable to afford counsel." The Court must consider
the factual and legal complexity of the underlying issues, the existence of
conflicting testimony, and the ability of the indigent plaintiff to investigate
the facts and present his claims. Ward v. Smith, 721 F.3d 940, 942 (8th Cir.
2013); Phillips v. Jasper Cnty. Jail, 437 F.3d 791, 794 (8th Cir. 2006). The
plaintiff has already been granted leave to proceed in forma pauperis (filing
7) and the Court finds that the criteria for appointment of counsel are
satisfied in this case.
The Court further finds that in light of the appointment of counsel, it is
appropriate to permit both parties an opportunity to file dispositive motions
(and conduct any additional discovery that might be necessary to that end). It
is the Court's intent to progress this case toward a jury trial, but the Court
will not set a trial date until after dispositive motions (if any) are filed and
disposed of.
IT IS ORDERED:
1.

The plaintiff's motion for appointment of counsel is
granted.

2.

Pursuant to NEGenR 1.7(g), 28 U.S.C. § 1915(e)(1), and the
inherent authority of the Court, the following counsel is
appointed to represent the claimant:

Robert W. Futhey
Fraser Stryker PC LLO
500 Energy Plaza
409 South 17th Street
Omaha, NE 68102
[phone]
3.

The Clerk of the Court shall provide a copy of this order to
the above-named counsel.

4.

Counsel shall promptly enter an appearance accepting the
Court's appointment.

5.

Expenses and attorney fees shall be paid from the Federal
Practice Fund under the restrictions set out in NEGenR
1.7(g) and this district's Amended Federal Practice Fund
Plan and the Federal Practice Committee Plan (as adopted
March 11, 2014). Counsel is particularly directed to Section
II(A)(1)(a), Section VI(A)(1), and Attachment A of the
Amended Federal Practice Fund Plan, which explain what
fees and expenses are authorized and how to seek
reimbursement.

6.

The defendant's motion to reopen the time for filing
dispositive motions is granted.

7.

All dispositive motions shall be filed on or before October
19, 2015.

8.

On or before September 1, 2015, counsel for the parties
shall contact the Magistrate Judge's chambers to set a
status conference to discuss case progression, including any
additional discovery that may be appropriate.

Dated this 19th day of August, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge
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