Kelly v. Omaha Housing Authority

Filing 110

MEMORANDUM AND ORDER - The trial of this action set for June 13, 2011, is continued until a date to be later determined by the court. This action is related to an action pending in this court captioned Kelly v. Omaha Housing Authority, et al., Case No. 8:11-CV-192 and that case is reassigned from the pro se docket of the Hon. Richard Kopf to the docket of the undersigned Chief Judge, consolidated with this case, and assigned to the docket of United States Magistrate Judge Thomas D. Thalken for judicial supervision and processing of all pretrial matters. The parties and the Clerk of Court are directed to include the captions of both cases in all future pleadings and to file all pleadings in this case. The plaintiff and counsel for the par ties shall appear before the undersigned on June 13, 2011, at 9:00 a.m., in Courtroom No. 3, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, to discuss how to further proceed with this action. The defendants' mo tion in limine 96 is denied as moot. The Clerk of Court is directed to file this order in the related case of Kelly v. Omaha Housing Authority, et al., Case No. 8:11-CV-192 and to deliver notice to the plaintiff therein. Ordered by Chief Judge Joseph F. Bataillon. (copies as directed)(KBJ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BONNIE KELLY,
Plaintiff,
v.
OMAHA HOUSING AUTHORITY,
STANLEY TIMM, Executive Director, in
his individual and official capacity, and
DOES 1-50,
Defendants.

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8:10CV245

MEMORANDUM AND ORDER

This matter is before the court on its own motion after a telephone conference with
counsel on June 8, 2011.

This is an action for race and gender discrimination in

employment that had been set for trial on June 13, 2011. The court learned for the first
time during the conference that another action involving the same parties and the same
core of facts was filed by the plaintiff pro se in state court and removed by the defendants
to this court. See Kelly v. Omaha Housing Authority, et al., Case No. 8:11-CV-192. The
court has reviewed the pleadings in the other case and finds the cases are related and
should be consolidated in the interest of judicial economy.
It appears that the consolidated actions will not be ready for trial next week and the
trial should accordingly be continued.

The court finds that an on-the-record status

conference is necessary, after which the court will issue an amended and expedited order
of progression for the consolidated actions. The defendants’ pending motion in limine
(Filing No. 96) has been rendered moot by this development and will be denied.
IT IS HEREBY ORDERED:
1. The trial of this action set for June 13, 2011, is continued until a date to be later
determined by the court.

2. This action is related to an action pending in this court captioned Kelly v. Omaha
Housing Authority, et al., Case No. 8:11-CV-192 and that case is reassigned from the pro
se docket of the Hon. Richard Kopf to the docket of the undersigned Chief Judge,
consolidated with this case, and assigned to the docket of United States Magistrate Judge
Thomas D. Thalken for judicial supervision and processing of all pretrial matters.
3. The parties and the Clerk of Court are directed to include the captions of both
cases in all future pleadings and to file all pleadings in this case.
4. The plaintiff and counsel for the parties shall appear before the undersigned on
June 13, 2011, at 9:00 a.m., in Courtroom No. 3, Roman L. Hruska United States
Courthouse, 111 South 18th Plaza, Omaha, Nebraska, to discuss how to further proceed
with this action.
5. The defendants’ motion in limine (Filing No. 96) is denied as moot.
6. The Clerk of Court is directed to file this order in the related case of Kelly v.
Omaha Housing Authority, et al., Case No. 8:11-CV-192 and to deliver notice to the plaintiff
therein.
DATED this 9th day of June, 2011.
BY THE COURT:

s/ Joseph F. Bataillon
Chief United States District Judge

*This opinion m ay contain hyperlinks to other docum ents or W eb sites. The U.S. District Court for
the District of Nebraska does not endorse, recom m end, approve, or guarantee any third parties or the services
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the opinion of the court.
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