Frank v. Madison County Sherriffs Department et al

Filing 34

ORDER granting 33 Motion to Appoint Counsel. Douglas H. Partridge is appointed to represent Mr. Frank in this matter. The clerk's office shall provide Mr. Partridge and Frank with a copy of this Order. Mr. Partridge shall promptly enter his appearance as counsel in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JESSE ALAN FRANK,
Plaintiff,

4:14CV3184

vs.
ORDER
TERRY KOTROUS, Captain, and
BILL KUCERA, Sergeant, in their
individual and official capacities,
Defendants.
This matter is before the court on the plaintiff’s, Jesse Alan Frank (Frank), Motion
for the Appointment of Counsel (Filing No. 33). After considering the matter under the
criteria articulated in Ward v. Smith, 721 F.3d 940, 942 (8th Cir. 2013) and Phillips v.
Jasper Cnty. Jail, 437 F.3d 791, 794 (8th Cir. 2006), the court finds the appointment of
counsel is appropriate. Accordingly,

IT IS ORDERED:
1.

The plaintiff’s Motion for the Appointment of Counsel (Filing No. 33) is

granted.
2.

Douglas H. Partridge, of the law firm of Copple, Rockey, McKeever &

Schlecht, P.C., LLO, 2425 Taylor Ave., PO Box 78, Norfolk, Nebraska 68702-0078,
402.920.5051, is appointed to represent Frank in this matter.
3.

The clerk’s office shall provide Mr. Partridge and Frank with a copy of this

4.

Mr. Partridge shall promptly enter his appearance as counsel in this

Order.

matter.
5.

Mr. Partridge may incur reasonable expenses when representing Frank in

accordance with parts III(A), VI(C), and VI(E) of the Amended Plans for Administration
of the Federal Practice Funds and Federal Practice Committee.1 See also NEGenR
1.7(g) and NECivR 54.3-54.4.

1

Available at http://www.ned.uscourts.gov/plans-and-policies.

6.

If this suit results in an award of attorney fees pursuant to 42 U.S.C.

§ 1988, Mr. Partridge shall reimburse the Federal Practice Fund from that award for the
lesser amount of (a) expenses authorized in this order and/or (b) the attorney’s fee and
expense awarded pursuant to 42 U.S.C. § 1988. He shall retain the greater of those
two amounts.
7.

Mr. Partridge and counsel for the defendants shall meet and confer to

discuss the progression of this case. Thereafter, counsel shall contact chambers to
schedule a time for a telephone planning conference for the purpose of reviewing the
preparation of the case to date and scheduling the case to trial. Defendants’ counsel
shall initiate the conference with the undersigned magistrate judge and participating
counsel.

Dated this 18th day of May, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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