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
*This opinion may contain hyperlinks to other documents or
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of the Court.
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