Abraham v. Douglas County

Filing 52

MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's Motion for Protection Order/Court Intervention (Filing No. 37 ) and Objection (Filing No. 47 ) are denied. Defendant's Objection to Motion for Protection Order (Filing No. 39 ), Objectio n to Objection (Filing No. 41 ), Objection to Brief (Filing No. 45 ), and Objection (Filing No. 48 ) are granted. Defendant has filed its Motion for Summary Judgment (Filing No. 49 ). Plaintiff is reminded that he has 21 days from the date of filing to respond to the Motion for Summary Judgment. The Final Pretrial Conference remains scheduled for March 14, 2013, at 11:00 a.m. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
GARY LAMONT ABRAHAM,

)
)
Plaintiff,
)
)
v.
)
)
DOUGLAS COUNTY, NEBRASKA,
)
)
Defendant.
)
______________________________)

8:11CV302

MEMORANDUM AND ORDER

This matter is before the Court on various motions and
objections filed by the parties.

Plaintiff has filed two

requests for a protection order, arguing that defendant has not
provided him with notice of depositions, has “maliciously
malingered” this action, has forced him to engage in settlement
negotiations, and has not dealt with him fairly due to his pro se
status (Filing Nos. 37 and 47).

In response, defendant has filed

several objections and three affidavits of its counsel, Kristin
M. Lynch (Filing Nos. 40-1, 42-1, and 46-1).

Ms. Lynch states in

her affidavits that she has not conducted any depositions or
issued any subpoenas in this matter and that she will comply with
the applicable rules if she does so, that she has not engaged in,
or required plaintiff to engage in, formal settlement
negotiations, and that she has cooperated fully with plaintiff
and has not taken advantage of plaintiff’s pro se status (Filing
Nos. 40-1, 42-1, and 46-1).

The Court has carefully reviewed the record in this
matter.

While plaintiff may be dissatisfied with defendant’s

refusal to settle this matter in accordance with his demands, it
does not appear that defendant, or its counsel, has taken any
inappropriate action.

Thus, no protection order or other relief

is warranted at this time.

The parties are cautioned that they

must comply with the Federal Rules of Civil Procedure, this
Court’s Local Rules, and the Court’s previous orders in this
matter, including the Progression Order.
IT IS ORDERED:
1.

Plaintiff’s Motion for Protection Order/Court

Intervention (Filing No. 37) and Objection (Filing No. 47) are
denied.
2.

Defendant’s Objection to Motion for Protection

Order (Filing No. 39), Objection to Objection (Filing No. 41),
Objection to Brief (Filing No. 45), and Objection (Filing No. 48)
are granted.
3.

Defendant has filed its Motion for Summary

Judgment (Filing No. 49).

Plaintiff is reminded that he has 21

days from the date of filing to respond to the Motion for Summary
Judgment.

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4.

The Final Pretrial Conference remains scheduled

for March 14, 2013, at 11:00 a.m.
DATED this 27th day of November, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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