Woodward v. Fellin

Filing 32

ORDER: Defendant's motion for leave to file his motion for summary judgment out of time, (Filing No. 31), is granted. Defendants previously filed motion for summary judgment, (Filing No. 20), shall stand as filed. Plaintiffs response shall be due on or before February 5, 2013.2) Plaintiffs motion to strike the defendants motion for summary judgment and for sanctions, (Filing No. 25), is denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PHILLIP D. WOODWARD,
Plaintiff,

8:12CV129

vs.
ORDER
RICHARD D. FELLIN, in his individual
capacity;
Defendant.
This matter is before the court on Plaintiff’s motion to strike the defendant’s motion for
summary judgment and for sanctions, (Filing No. 25), and the defendant’s motion to for leave to file
his motion for summary judgment out of time, (Filing No. 31).

The court has conferred with the

parties and has been informed the plaintiff has no objection to the defendant’s motion to file his
motion for summary judgment out of time.

Accordingly,

IT IS ORDERED,

1)

Defendant’s motion for leave to file his motion for summary judgment out of time,

(Filing No. 31), is granted. Defendant’s previously filed motion for summary judgment, (Filing No.
20), shall stand as filed. Plaintiff’s response shall be due on or before February 5, 2013.

2)

Plaintiff’s motion to strike the defendant’s motion for summary judgment and for

sanctions, (Filing No. 25), is denied as moot.

Dated this 15th day of January, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge