Herrera v. Mowry et al

Filing 59

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that on the court's own motion filed pursuant to Rule 60(a): The clerk's office is directed to strike the judgment (Filing No. 58 ) from the record. The clerk's office is directed to reopen this matter. The clerk's office is directed to set the following case management deadline: September 22, 2014: Check case status. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PIMENIO VELA HERRERA,
Plaintiff,
v.
TAMMY MOWRY, in their
individual capacity, MONTE
HOVIK, in their individual capacity,
JEROD HAHN, Deputy, in their
individual capacity, J.D. SUTPHEN,
and JEREMY BRUNGARD, in their
individual capacity,
Defendants.

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8:12CV321

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Rule 60 of the Federal Rules
of Civil Procedure states, in relevant part:
The court may correct a clerical mistake or a mistake arising from
oversight or omission whenever one is found in a judgment, order, or
other part of the record. The court may do so on motion or on its own,
with or without notice. But after an appeal has been docketed in the
appellate court and while it is pending, such a mistake may be corrected
only with the appellate court’s leave.
Fed. R. Civ. P. 60(a).
Here, the court granted a summary judgment motion filed by Defendants
Tammy Mowry, Monte Hovic, Jerod Hahn, and J.D. Sutphen. (Filing No. 57.) In
addition, the court entered a judgment dismissing this action with prejudice. (Filing
No. 58.) The court entered the judgment in error, as Defendant Jeremy Brungard was
not a party to the summary judgment motion. Accordingly, in the interest of justice,

IT IS THEREFORE ORDERED that on the court’s own motion filed pursuant
to Rule 60(a):
1.
The clerk’s office is directed to strike the judgment (Filing No. 58) from
the record.
2.

The clerk’s office is directed to reopen this matter.

3.
The clerk’s office is directed to set the following case management
deadline: September 22, 2014: Check case status.
DATED this 22nd day of August, 2014.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The
court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

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