Herzog v. O'Niel

Filing 99

MEMORANDUM AND ORDER - Defendant's Motion to Stay (filing no. 93 ) is granted. No further pleadings shall be filed without the courts leave. Plaintiff's Objection to Defendant's Motion to Stay (filing no. 94 ) is denied. The Clerk of the Court shall cancel the Final Pretrial Conference in this matter that is currently scheduled for February 9, 2012. A separate progression order resetting the dates for the Final Pretrial Conference, and all associated deadlines, may be entered after the court resolves the pending Motion for Summary Judgment. Ordered by Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANDREW A. HERZOG,
Plaintiff,
v.
DOCTOR STEPHEN O’NIEL,
Defendant.

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8:10CV313

MEMORANDUM
AND ORDER

This matter is before the court on Defendant’s Motion to Stay. (Filing No. 93.)
In the Motion, Defendant asks the court to stay all proceedings in this case, including
the requirement to draft a proposed Order on Final Pretrial Conference, because he
has moved for Summary Judgment based on qualified immunity. (Id.) Plaintiff has
filed an Objection to Defendant’s Motion to Stay along with a Brief in support of his
Objection. (Filing Nos. 94 and 95.)
Upon review of the pleadings, the court will grant Defendant’s Motion to Stay.
No further pleadings shall be filed without the court’s leave. In addition, the Final
Pretrial Conference that has been scheduled for February 9, 2012, is canceled and
Defendant is temporarily relieved from preparing a draft of a proposed Order on Final
Pretrial Conference. A separate progression order resetting the dates for the Final
Pretrial Conference, and all associated deadlines, may be entered after the court
resolves the pending Motion for Summary Judgment.
IT IS THEREFORE ORDERED:
1.
Defendant’s Motion to Stay (filing no. 93) is granted. No further
pleadings shall be filed without the court’s leave.

2.
denied.

Plaintiff’s Objection to Defendant’s Motion to Stay (filing no. 94) is

3.
The Clerk of the Court shall cancel the Final Pretrial Conference in this
matter that is currently scheduled for February 9, 2012. A separate progression order
resetting the dates for the Final Pretrial Conference, and all associated deadlines, may
be entered after the court resolves the pending Motion for Summary Judgment.
DATED this 14th day of December, 2011.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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