Rognirhar v. Southern et al

Filing 74

MEMORANDUM AND ORDER - The clerk's office is directed to send to Defendants a copy of this Memorandum and Order; a copy of the court's July 11, 2012, Memorandum and Order (Filing No. 70 ); and copies of Plaintiff's filings addressi ng the issue of damages (Filing Nos. 51 , 52 , and 71 ). These documents should be sent to Defendant Timothy Elario at his last-known address, and to Southern at the address listed in her Sealed Letter at Filing Number 57. Defendants have un til December 17, 2012, to address the issue of damages. Defendants are warned that their submissions must comply with the Federal Rules of Civil Procedure and the court's local rules in order to be considered. The clerk's office is directed to set a case management deadline in this matter: December 17, 2012: Deadline for Defendants to address issue of damages. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed with designated pleadings)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STRIDER ROGNIRHAR,
Plaintiff,
v.
TERRY S. SOUTHERN, and
TIMOTHY ELARIO,
Defendants.

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8:08CV51

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On July 11, 2012, the court
ordered the parties to submit briefs addressing the issue of damages. (Filing No. 70.)
Plaintiff filed a brief addressing the issue of damages, but Defendants did not.
The court has carefully reviewed the docket sheet and determined that the
court’s July 11, 2012, Memorandum and Order was not delivered to Defendant Terry
Southern (“Southern”) at her current address. On December 11, 2009, Terry Southern
filed a Sealed Letter in which she updated her address. (Filing No. 57.) However, the
docket sheet was not updated to reflect the new address in order to protect Southern’s
private information.

The court’s July 11, 2012, Memorandum and Order was

delivered to the address appearing on the docket sheet, not to Southern’s current
address.
In light of this, the court will redeliver its July 11, 2012, Memorandum and
Order to Defendants, and also provide them with one final opportunity to respond to
Plaintiff’s brief on the issue of damages. Defendants should note that summary
judgment on the issue of liability has already been entered against them, and
Plaintiff now seeks over $100,000.00 in damages.

IT IS THEREFORE ORDERED that:
1.

The clerk’s office is directed to send to Defendants a copy of this

Memorandum and Order; a copy of the court’s July 11, 2012, Memorandum and
Order (Filing No. 70); and copies of Plaintiff’s filings addressing the issue of damages
(Filing Nos. 51, 52, and 71). These documents should be sent to Defendant Timothy
Elario at his last-known address, and to Southern at the address listed in her Sealed
Letter at Filing Number 57.
2.

Defendants have until December 17, 2012, to address the issue of

damages. Defendants are warned that their submissions must comply with the Federal
Rules of Civil Procedure and the court’s local rules in order to be considered.
3.

The clerk’s office is directed to set a case management deadline in this

matter: December 17, 2012: Deadline for Defendants to address issue of damages.
DATED this 5 th day of November, 2012.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The
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or their Web sites. The court accepts no responsibility for the availability or
functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or
directs the user to some other site does not affect the opinion of the court.
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