Stokes v. White

Filing 71

ORDER Defendant's Motion to Continue Progression Order Deadlines (Filing No. 70 ) is GRANTED. The deadlines set forth in paragraphs 5(a) and 5(b) of the Second Amended Order Setting Schedule for Progression of Case (Filing No. 53 ) are suspend ed until further order of the court. The Final Pretrial Conference before the Magistrate Judge, currently set for September 7, 2017, at 9:30 a.m. is cancelled and shall be rescheduled, if necessary, following the disposition of the parties' p ending Motions for Summary Judgment (Filing Nos. 55 & 57 ). The Clerk of the Court shall send a copy of this Order to Magistrate Judge Zwart's chambers. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL TEE STOKES SR.,
Plaintiff,
v.
SCOTT WHITE,
Defendant.

)
)
)
)
)
)
)
)
)
)

4:16CV3027

ORDER

On April 19, 2017, a Second Amended Order Setting Schedule for Progression
of Case (Filing No. 53) was entered requiring that Defendant’s counsel submit to
Plaintiff a proposed Order on Final Pretrial Conference by July 31, 2017, with the
final version to be submitted to the court by August 28, 2017. The Progression Order
also set the Final Pretrial Conference before Magistrate Judge Zwart on September 7,
2017. (Filing No. 53 ¶¶ 5 & 7.)
Defendant has filed a Motion for Summary Judgment (Filing No. 55), and
Plaintiff has filed a Motion for Partial Summary Judgment (Filing No. 57), both of
which became ripe for resolution on July 7, 2017. In light of the pendency of these
motions, Defendant’s counsel has filed a Motion to Continue Progression Order
Deadlines (Filing No. 70) asking that the remaining deadlines in the Second Amended
Order Setting Schedule for Progression of Case (Filing No. 53) be suspended until
such time as there is a ruling on the pending Motions for Summary Judgment (Filing
Nos. 55 & 57).
Because the court’s resolution of the parties’ Motions for Summary Judgment
may narrow or completely resolve Plaintiff’s claims, I shall grant Defendant’s motion.
Accordingly,

IT IS ORDERED:
1.
Defendant’s Motion to Continue Progression Order Deadlines (Filing No.
70) is GRANTED;
2.
The deadlines set forth in paragraphs 5(a) and 5(b) of the Second
Amended Order Setting Schedule for Progression of Case (Filing No. 53) are
suspended until further order of the court;
3.
The Final Pretrial Conference before the Magistrate Judge, currently set
for September 7, 2017, at 9:30 a.m. is cancelled and shall be rescheduled, if necessary,
following the disposition of the parties’ pending Motions for Summary Judgment
(Filing Nos. 55 & 57); and
4.
The Clerk of the Court shall send a copy of this Order to Magistrate
Judge Zwart’s chambers.
DATED this 18th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

2