Thomas v. State of Nebraska et al

Filing 106

MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's Motion for Leave to Submit Evidence (filing 86 ) is granted. The Board's Motion to Enlarge (filing 100 ) is granted in part. Following the resolution of plaintiff's Amended Motion to Add a Party (filing 97 ), the Board shall have 21 days to file any reply brief in support of its motion to dismiss / motion for summary judgment. Ordered by Judge John M. Gerrard. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LATANYA THOMAS, Personal
Representative of the Estate of Tyler
Thomas,

8:12-CV-412

Plaintiff,
MEMORANDUM AND ORDER
vs.
BOARD OF TRUSTEES OF THE
NEBRASKA STATE COLLEGES AND
JOSHUA KEADLE,
Defendants.
This matter is before the Court on two motions: the plaintiff's Motion
for Leave to Submit Evidence (filing 86) and the defendant Board of Trustees
of Nebraska State College's Unopposed Motion to Enlarge Time to File Reply
Brief in Support of Motion to Dismiss (filing 100). Both motions are related to
the Board's Motion to Dismiss for Failure to State a Claim or in the
Alternative Motion For Summary Judgment (filing 80).
The Court first considers the plaintiff's motion for leave to submit
evidence. On November 12, 2013, the Nemaha County District Court issued
an order that directed the Nemaha County Attorney to issue a death
certificate for Tyler Thomas. Filings 86 and 93-2. The certificate shall be
issued within 10 business days of the state court's order. Filing 93-2 at 2.
Plaintiff asks the Court for additional time in which to submit a copy of the
death certificate and another order from the Nemaha County District Court.
The Board of Trustees has informed the Court that it does not oppose
plaintiff's request. Therefore, for good cause shown, the Court will grant
plaintiff's Motion for Leave to Submit Evidence (filing 86).1
The Court next considers the Board's Unopposed Motion to Enlarge
Time to File Reply Brief in Support of Motion to Dismiss (filing 100). The
The Court finds it unnecessary to wait for any response from defendant Joshua Keadle.
Plaintiff's motion is simply requesting additional time to submit evidence. The evidence is
being submitted in response to a motion filed by the Board, in which Keadle is not involved.
If this evidence had previously been available to plaintiff, it could previously have been
submitted. In any event, the Court's granting of plaintiff's motion does not affect Keadle's
ability to object to the evidence, should grounds exist to do so.
1

Board has requested that the Court indefinitely enlarge the time in which the
Board must file any reply brief in support of its motion to dismiss / motion for
summary judgment. Currently pending before the Court is the plaintiff's
Amended Motion to Add a Party (filing 97). The Board requests that the
deadline for any reply brief be extended until plaintiff's Motion to Add a
Party has been resolved, as resolution of that motion may result in the Board
desiring to file an amended motion to dismiss / motion for summary
judgment. Counsel for plaintiff does not oppose the motion.
The Court will grant the Board's Motion to Enlarge (filing 100) in part.
Following the resolution of plaintiff's Amended Motion to Add a Party (filing
97), the Board shall have 21 days to file any reply brief in support of its
motion to dismiss / motion for summary judgment.
IT IS ORDERED:
1.

Plaintiff's Motion for Leave to Submit Evidence (filing 86)
is granted.

2.

The Board's Motion to Enlarge (filing 100) is granted in
part. Following the resolution of plaintiff's Amended
Motion to Add a Party (filing 97), the Board shall have 21
days to file any reply brief in support of its motion to
dismiss / motion for summary judgment.

Dated this 19th day of November, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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