Marsh v. Phelps County et al

Filing 28

ORDER - The motion to sever filed by Plaintiff and all defendants (other than Campana in his individual capacity), (Filing No. 25 ), is granted, and1) The claims of Plaintiff and all defendants (other than Campana in his individual capacity) ar e severed from Plaintiff's claims against Campana in his individual capacity;2) The clerk shall promptly re-assign the separate action by Plaintiff against Campana in his individual capacity to a District Judge.(Separate action opened under case no. 4:17cv3001-JMG-CRZ) Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

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

ORDER

PHELPS COUNTY, GENE
SAMUELSON, Individually and in his
official capacity; PENNY GREGG,
Individually and in her official capacity;
and LOUIS P. CAPANA, JR., Individually
and in her official capacity;
Defendants.
The court’s Findings and Order, (Filing No. 26), set a January 5, 2017 deadline for
Defendant Campana to object to the motion to sever, (Filing No. 25), and for any party to
object to the court’s finding that Plaintiff and all defendants (other than Campana in his
individual capacity) consented to final resolution of this case by the undersigned
magistrate judge. The Findings and Order was served on all parties, including Defendant
Campana. No objection was filed.

Accordingly,

IT IS ORDERED that the motion to sever filed by Plaintiff and all defendants
(other than Campana in his individual capacity), (Filing No. 25), is granted, and

1)

The claims of Plaintiff and all defendants (other than Campana in his

individual capacity) are severed from Plaintiff’s claims against Campana in his
individual capacity;

2).

The clerk shall promptly re-assign the separate action by Plaintiff against

Campana in his individual capacity to a District Judge.

January 6, 2017.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

2