Williams v. Raynor Rensch & Pfieffer et al

Filing 82

MEMORANDUM AND ORDER- Plaintiffs Motion for Reconsideration (Filing No. 69 ) is granted. The clerk of the court is directed to send a copy of this Memorandum and Order to the District Court of Douglas County, Nebraska, and to take all necessary step s to inform that court that the previous order to remand is no longer in effect. Plaintiff shall have until December 20, 2012, in which to file an amended complaint containing all claims, including all federal claims, against all defendants. In the event that plaintiff fails to do so, this matter will proceed on the claims set forth in the Amended Complaint (Filing No. 22 ) only. Defendants shall file an answer or other responsive pleading no later than January 22, 2013. Defendants Motions to Withdraw (Filing Nos. 77 and 78 ) are granted. Counsel for defendants is permitted to withdraw, as the Assistant United States Attorney has already made her appearance on behalf of defendants Bruck, Stuck, and Brazda. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and District Court of Douglas County, Nebraska as directed) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHANNON WILLIAMS,

)
)
Plaintiff,
)
)
v.
)
)
REYNOR RENSCH & PFIEFFER,
)
et al.,
)
)
Defendants.
)
______________________________)

8:11CV446

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s Motion
for Reconsideration (Filing No. 69).

In his motion, plaintiff

requests that the Court reconsider its previous decision to
remand this matter to the Nebraska state court, action the Court
took at plaintiff’s request (Filing No. 59).

Plaintiff states

that he would like this matter to remain in this Court “so he can
pursue all of [his] claims against the defendants now,” including
all of his federal claims (Filing No. 59 at CM/ECF p. 1).
In addition, since the filing of plaintiff’s Motion for
Reconsideration, defendants Stuck, Bruck, and Brazda have
retained the Assistant United States Attorney as counsel (Filing
No. 79 .

Indeed, these defendants also seek reconsideration of

the Court’s previous decision to remand this matter because
defendants Stuck, Bruck, and Brazda “were federal officers acting
under color of federal law for purposes of the actions alleged in
Plaintiff’s Complaints.”

(Filing No. 80 at CM/ECF p. 1.)

This

fact was apparently unknown to either plaintiff or defendants at
the time plaintiff sought remand.

(Id. at CM/ECF pp. 1-3.)

The Court has carefully reviewed the record in this
matter and finds that reconsideration is warranted.

Because

defendants Stuck, Bruck, and Brazda were federal officers during
all relevant times, plaintiff’s Second Amended Complaint contains
allegations of federal law violations.

This matter will

therefore proceed as set forth below.
IT IS ORDERED:
1.
69) is granted.

Plaintiff’s Motion for Reconsideration (Filing No.
The clerk of the court is directed to re-open

this matter.
2.

The clerk of the court is directed to send a copy

of this Memorandum and Order to the District Court of Douglas
County, Nebraska, and to take all necessary steps to inform that
court that the previous order to remand is no longer in effect.
3.

Plaintiff shall have until December 20, 2012, in

which to file an amended complaint containing all claims,
including all federal claims, against all defendants.

In the

event that plaintiff fails to do so, this matter will proceed on
the claims set forth in the Amended Complaint (Filing No. 22)
only.
4.

Defendants shall file an answer or other

responsive pleading no later than January 22, 2013.

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5.

Defendants’ Motions to Withdraw (Filing Nos. 77

and 78) are granted.

Counsel for defendants is permitted to

withdraw, as the Assistant United States Attorney has already
made her appearance on behalf of defendants Bruck, Stuck, and
Brazda.
DATED this 26th day of November, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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