Koven et al v. Hammond et al

Filing 95

ORDER - Plaintiffs' Motion to Reinstate Missed Deadline of Expert Witnesses (filing 90 ) and Plaintiffs' Motion to Extend and Modify the Scheduling Order (filing 91 ) are denied. Ordered by Magistrate Judge Gossett . (Copy e-mailed to pro se party)(GJG) Modified on 8/6/2013 to change order entered by Judge Gossett and not by Chief Judge Smith Camp (GJG).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID SCOTT KOVEN SR., and
ROXANNE DIANE KOVEN,

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Plaintiffs,
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V.
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TODD HAMMOND, Plattsmouth
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Police Officer, LEROY LEWIS,
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Plattsmouth Police Officer, DAVID
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MURDOCH, Plattsmouth Police
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Chief, ROBERT SORENSON,
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Plattsmouth Police Officer, ANDREW )
KENAN, Plattsmouth Police
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Detective, and DAVID WALKER,
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Plattsmouth Police Detective,
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Defendants.
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8:10CV373

ORDER

This matter is before the Court on Plaintiffs’ Motion to Reinstate Missed Deadline of
Expert Witnesses (filing 90) and Plaintiffs’ Motion to Extend and Modify the Scheduling
Order (filing 91). These motions will be denied.
BACKGROUND
Plaintiffs’ deadline for serving opposing parties with expert witness statements was
March 29, 2013. (Filing 53.) Having missed this deadline, Plaintiffs’ former counsel,
William O’Brien, requested leave to serve the expert witness statements out of time. (Filing
58.) In support of the motion, Mr. O’Brien explained that he had mis-calendared the
deadline. (Id.) On May 31, 2013, the Court denied Plaintiffs’ motion to extend. (Filing 61.)
Plaintiffs subsequently terminated Mr. O’Brien and Mr. O’Brien was granted leave to
withdraw on June 10, 2013. (Filing 63.)
On June 25, 2013, attorney Diana Vogt entered an appearance on behalf of Plaintiffs.
(Filing 66.) Ms. Vogt was granted leave to withdraw on July 12, 2013. (Filing 84.)

Plaintiffs are now proceeding pro se.
DISCUSSION
Plaintiffs argue that the expired expert witness deadline and other up-coming case
progression deadlines, including the November 5, 2013 trial date, should be reset due to the
alleged negligence of their former counsel, Mr. O’Brien, and Plaintiffs’ inability to locate
new counsel at this late-stage of the litigation.
Having considered the totality of the circumstances, the Court will deny Plaintiffs’
motions. This action has been pending since October, 2010. Further delay of this case would
unduly prejudice Defendants, causing them to expend additional time and resources.
Plaintiffs admittedly sensed problems with Mr. O’Brien’s representation in January, 2013,
yet they did not terminate him until June, 2013. Defendants should not be penalized for
Plaintiffs’ failure to act promptly in response to alleged difficulties with their former counsel.
Accordingly,
IT IS ORDERED that Plaintiffs’ Motion to Reinstate Missed Deadline of Expert
Witnesses (filing 90) and Plaintiffs’ Motion to Extend and Modify the Scheduling Order
(filing 91) are denied.
DATED August 6, 2013.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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