Guerry v. Frakes et al

Filing 44

MEMORANDUM AND ORDER - Mr. Lopez shall advise the court if the Nebraska Attorney General's Office also represents Andrew King, and if so, shall file a responsive pleading on his behalf no later than October 12, 2017, so that the court may enter a progression order. Mr. Lopez shall also inform the court as to whether the pending summary judgment motion is filed on behalf of Andrew King. Defendants' pending summary judgment motion will not be addressed until after the progression order i s issued and Plaintiff Brian Frank Guerry is given time to respond. The clerk's office is directed to set a pro se case management deadline using the following text: October 12, 2017: check for responsive pleading for King. Member Cases: 8:15-cv-00323-RGK-PRSE, 4:17-cv-03047-RGK-PRSE Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

BRIAN FRANK GUERRY,
Plaintiff,

8:15CV323
8:15CV323

vs.
ORDER
SCOTT FRAKES, Director; BRIAN
GAGE, Warden; GUIFFRE, Case
Worker; and THOMPSON, Case
Worker;

MEMORANDUM
AND ORDER

Defendants.
__________________________________
BRIAN FRANK GUERRY,

4:17CV3047

Plaintiff,
vs.
SCOTT FRAKES, in his individual
capacity; FRANK HOPKINS, in his
individual capacity; BRIAN GAGE, in
his individual capacity; et al.,

MEMORANDUM
AND ORDER

Defendants.

This matter is before the court on case management. On October 3, 2017, all
of the defendants, excluding Andrew King, filed an Answer in Case No.
4:17CV3047 (Filing No. 40) and moved for summary judgment in these

consolidated cases (Filing No. 88, Case No. 8:15CV323; Filing No. 41, Case No.
4:17CV3047). On September 14, 2017, the Marshals Office served the summons
on Andrew King. Because the summons is sealed, Mr. David A. Lopez and the
Nebraska Attorney General’s Office – counsel for all of the other defendants - may
be unaware that Andrew King was served.
IT IS THEREFORE ORDERED that:
1.
Mr. Lopez shall advise the court if the Nebraska Attorney General’s
Office also represents Andrew King, and if so, shall file a responsive pleading on
his behalf no later than October 12, 2017, so that the court may enter a progression
order. Mr. Lopez shall also inform the court as to whether the pending summary
judgment motion is filed on behalf of Andrew King. Defendants’ pending
summary judgment motion will not be addressed until after the progression order is
issued and Plaintiff Brian Frank Guerry is given time to respond.
2.
The clerk’s office is directed to set a pro se case management deadline
using the following text: October 12, 2017: check for responsive pleading for
King.
Dated this 5th day of October, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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