Mildrexler v. Ayers et al

Filing 28

MEMORANDUM AND ORDER - Amended answer to plaintiff's complaint is due on or before 4/12/2013. Amended 26(f) Report due on or before April 19, 2013. All discovery issues of qualified immunity, quasi-judicial immunity, and whether defendant Ayres was acting under color of state law at the times alleged in the complaint shall be completed by July 8, 2013. Deadline for filing motions to dismiss and motions for summary judgment on the issues of qualified immunity, quasi-judicial immunity, and whether defendant Ayres was acting under color of state law is August 9, 2013. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MAUREEN MCGINLEY, Grandmother;
MARTIN MILDREXLER, Natural Parent; and
MARTIN MILDREXLER, Natural Parent and
Next of Friend Layla Halverson;
Plaintiffs,

8:12CV3242
MEMORANDUM AND ORDER

vs.
ALYSON GOEDKEN, Nebraska Department
of Health and Human Services; and JILL
AYERS, Family Support Worker, Visitation
Facilitator, Foster Mother, Nebraska
Department of Health and Human Services;
Defendants.
After conferring with the parties,
IT IS ORDERED that the initial progression order is as follows:
1)

On or before April 12, 2013, Defendant Ayers shall file her amended answer to
the plaintiff’s complaint.

2)

The parties’ amended Rule 26(f) Report shall be filed on or before April 19, 2013.

3)

At this time, the parties’ discovery shall be focused on presenting to the court for
early resolution the issues of qualified immunity, quasi-judicial immunity, and
whether defendant Ayres was acting under color of state law at the times alleged
in the complaint. All discovery on these issues, whether written or by deposition,
shall be completed by July 8, 2012.

4)

The deadline for filing motions to dismiss and motions for summary judgment on
the issues of qualified immunity, quasi-judicial immunity, and whether defendant
Ayres was acting under color of state law is August 9, 2013.

April 5, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge