Sabata et al v. Nebraska Department of Correctional Services et al

Filing 121

ORDER - Defendants shall have an extension of time to July 27, 2018, to file a motion for summary judgment based on failure to exhaust administrative remedies. Parties shall contact Magistrate Judge Nelson within seven days (7) after the Court rules on the Motion for Summary Judgment to schedule a telephone conference. Ordered by Magistrate Judge Michael D. Nelson. (SMN)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HANNAH SABATA; DYLAN
CARDEILHAC; JAMES CURTRIGHT;
JASON GALLE; RICHARD GRISWOLD;
MICHAEL GUNTHER; ANGELIC NORRIS;
R. P., a minor; ISAAC REEVES; ZOE RENA;
and BRANDON SWEETSER; on behalf of
themselves and all others similarly situated;

4:17CV3107

Plaintiffs,
ORDER

vs.
NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES; SCOTT
FRAKES, in his official capacity as Director of
the Nebraska Department of Correctional
Services; HARBANS DEOL, in his official
capacity as Director of Health Services of the
Nebraska Department of Correctional Services;
NEBRASKA BOARD OF PAROLE; JULIE
MICEK, in her official capacity as the Board of
Parole Acting Parole Administrator; and
DOES, 1 to 20 inclusive;
Defendants.

This matter is before the Court following a telephone conference held with counsel on
July 20, 2018.

The Court and counsel discussed several scheduling matters and potential

discovery disputes. Counsel are directed to continue to meet and confer to attempt to resolve any
issues regarding Plaintiffs’ assertion that Defendants’ discovery responses are deficient;
Defendants’ desire to limit the scope of discovery to a motion for summary judgment based on
failure to exhaust administrative remedies; the parties’ experts; and the scheduling and taking of
depositions. In accordance with the matters discussed during the telephone conference,

IT IS ORDERED:
1. Defendants shall have an extension of time to July 27, 2018, to file a motion for
summary judgment based on failure to exhaust administrative remedies. Plaintiffs
may file their response to the motion on or before August 31, 2018. Defendants may

file a reply on or before September 7, 2018, unless otherwise stipulated by the
parties.
2. The parties shall contact the undersigned magistrate judge within seven days (7) after
the Court rules on the Motion for Summary Judgment to schedule a telephone
conference, if necessary.
Dated this 20tth day of July, 2018.
BY THE COURT:

s/ Michael D. Nelson
United States Magistrate Judge