Sampson v. Schenck et al

Filing 559

ORDER - Pro se party, David W. Kofoed shall notify the court of his current address and telephone number as soon as possible, but in any event no later than April 12, 2013, in writing by filing a notice containing the information with the Clerk of Court. Mr. Kofoed may also consent to receive notice of service by electronic mail in such filing. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (E-mailed to defendant as directed.)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NICHOLAS SAMPSON,
Plaintiff,

8:07CV155

vs.
INV. EARL SCHENCK, in his official
and individual capacities; INV.
WILLIAM LAMBERT, in his official and
individual capacities; SGT. SANDY
WEYERS, in her official and individual
capacities; INV. CHARLES
O’CALLAGHAN, in his individual and
official capacities; DOES 1-8, in their
official and individual capacities;
CASS COUNTY SHERIFF’S OFFICE, a
Nebraska political subdivision; DAVID
KOFOED, in his official and individual
capacities; and DOUGLAS COUNTY
SHERIFF’S OFFICE, a Nebraska
political subdivision,

ORDER

Defendants,
MATTHEW LIVERS,
8:08CV107
Plaintiff,
vs.
EARL SCHENCK, Cass County
Sheriff’s Investigator; WILLIAM
LAMBERT, Nebraska State Patrol
Investigator; CHARLES
O’CALLAGHAN, Nebraska State Patrol
Investigator; SANDRA WEYERS, Cass
County Sheriff’s Sergeant; COUNTY
OF CASS, NEBRASKA; DAVID
KOFOED, Commander of the Douglas
County Sheriff’s Office Crime Scene
Investigation Division; TIM DUNNING,
Sheriff of Douglas County; and
COUNTY OF DOUGLAS, Nebraska,
Defendants.
This matter is before the court sua sponte.

ORDER

In April 2010, the defendant David W. Kofoed’s counsel withdrew with leave of
court. Mr. Kofoed has represented himself in this matter since that time. The local rules
require all parties, including pro se parties to keep the court informed of a current address
and telephone number at all times while the case is pending. Specifically, a party “whose
address, telephone number, fax number, or e-mail address changes during a pending case
must file and serve notice of the change within 30 days.” See NEGenR 1.3(e) and (g).
On December 17, 2012, the court received a filing returned as undeliverable to Mr.
Kofoed at a Lincoln address. See Filing No. 483. A handwritten notation on the document
indicated Mr. Kofoed moved to an address on 86th Street in LaVista, Nebraska. Id. The
court changed Mr. Kofoed’s listed address based on the notation. Despite the change,
during February and March, 2013, the court received several filings, which had been
addressed to Mr. Kofoed, returned as undeliverable. Although Mr. Kofoed has participated
in telephone conferences regarding these cases, he has not informed the court of a new
address or telephone number. Some parties’ counsel serve Mr. Kofoed with filings by
using an electronic mail address: [e-mail], however other counsel appear
not to notice Mr. Kofoed of their filings by merely relying on the CM/ECF filing system to
serve notice. Since Mr. Kofoed has not consented or registered for such service, simply
filing a document through the system does not provide notice or service on Mr. Kofoed. In
any event, Mr. Kofoed shall have an opportunity to update his contact information or show
cause why sanctions should not be imposed. Accordingly,

IT IS ORDERED:
1.

David W. Kofoed shall notify the court of his current address and telephone

number as soon as possible, but in any event no later than April 12, 2013, in writing by
filing a notice containing the information with the Clerk of Court. Mr. Kofoed may also
consent to receive notice of service by electronic mail in such filing.
2.

The Clerk of Court shall send a copy of this order to David W. Kofoed at his

last known electronic mail address: [e-mail].
Dated this 20th day of March, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
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