Marsh v. Phelps County et al

Filing 26

FINDINGS AND ORDER on Motion to Sever 25 , setting deadlines for filing any objection to severance or consent, cancelling hearing scheduled for today, and ordering entry of default against Defendant Campana in his individual capacity.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RONDA L. MARSH, and all others
similarly situated;
4:16CV3032
Plaintiff,
vs.

FINDINGS AND ORDER

PHELPS COUNTY, GENE
SAMUELSON, Individually and in his
official capacity as Sheriff; PENNY
GREGG, AND Individually and in her
official capacity as Phelps County
Corrections Lieutenant; and LOUIS P.
CAMPANAJR., Individually and in his
official capacity as Corrections Officer;
Defendants.
Plaintiff and all defendants (other than Defendant Campana in his individual
capacity) have filed a motion to sever. (Filing No. 25). The stated purpose of the motion
to sever is to afford the moving parties, all of whom consented in writing to final
resolution by the undersigned magistrate judge, the opportunity for a full and final
determination of this case, both at the trial court level and on appeal. That opportunity is
currently hindered by Defendant Campana’s failure to respond to Plaintiff’s properly
served complaint.

Accordingly,

The undersigned magistrate judge hereby finds:

1)

The Joint Motion to Sever, (Filing No. 25), should be granted, with

Plaintiff’s claims against Defendant Campana in his individual capacity severed from the
remainder of the case and reassigned to a district judge for final resolution.

2)

As to Plaintiff’s claims against all defendants other than Defendant

Campana in his individual capacity, Plaintiff and all defendants (other than Defendant
Campana in his individual capacity) have consented to final disposition by the
undersigned magistrate judge.

IT IS ORDERED:

1)

Any objection to the findings above, including any objection:
a)

by Defendant Campana to the motion to sever, (Filing No. 25), or

b)

by any party as to a finding that Plaintiff and all defendants (other
than Campana in his individual capacity) consented to final
resolution by the undersigned magistrate judge,

must be filed on or before January 5, 2017.

2)

If no objection to the above findings is filed on or before January 5, 2017,
the undersigned magistrate judge will:
a)

b)

3)

Order the severance requested in the pending Joint Motion, (Filing
No. 25), and request a reassignment of Plaintiff’s claims against
Campana in his individual capacity to a district judge; and
As to Plaintiff’s claims against all defendants (other than Campana
in his individual capacity), enter a separate final judgment in
accordance with the summary judgment ruling previously entered by
the undersigned magistrate judge, (Filing No. 23).

The conference call set for today at 2:00 p.m. is cancelled.

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4)

The clerk shall:
a)

Set a case management deadline for January 6, 2017 to check on the
status of this case.

b)

Enter a default against Defendant Campana in his individual
capacity and in favor of Plaintiff.

b)

Mail a copy of this document to:
Louis P. Campana, Jr.
311 E 3rd Street, Apt 7
Grand Island NE 68801

December 22, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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