Simmons v. Jarvis et al

Filing 31

ORDER - The parties disagree on subject matter jurisdiction on Count I and whether discovery can be allowed on Count II. Motions shall be filed as follows:Deadline for filing Plaintiff's motion to amend complaint is January 10, 2014.On or before January 17, 2014, the defendants shall file their motion to dismiss for lack of jurisdiction or for failure to state a claim on Count I, their motion to dismiss for lack of standing, their motion to deny discovery, and any opposition to any motion to amend filed by the plaintiff. Plaintiff's brief in opposition to the defendants' motions to dismiss and motion to deny discovery shall be filed on or before February 14, 2014.Defendants' reply brief shall be filed on or before February 28, 2014. No discovery will be initiated until the Court rules on the defendants' motions. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LEE M. SIMMONS,
Plaintiff,

8:13CV0098

vs.
JONATHAN B. JARVIS, in his official
capacity as Director of the National Park
Service; KENNETH L. SALAZAR, in his
official capacity as Secretary of the United
States Department of the Interior; and
UNITED STATES OF AMERICA,

MEMORANDUM AND ORDER

Defendants.
The parties disagree on whether this court has subject matter jurisdiction on Count I of
the Complaint, whether the plaintiff has standing to pursue the claims alleged, and whether
discovery can be allowed on Court II in this case. (Filing No. 27). Accordingly,
IT IS ORDERED:
1)

The deadline for filing Plaintiff’s motion to amend complaint, if any, is January
10, 2014.

2)

On or before January 17, 2014, the defendants shall file their motion to dismiss
for lack of jurisdiction or for failure to state a claim on Count I, their motion to
dismiss for lack of standing, their motion to deny discovery, and any opposition to
any motion to amend filed by the plaintiff..

3)

Plaintiff’s brief in opposition to the defendants’ motions to dismiss and motion to
deny discovery shall be filed on or before February 14, 2014.

4)

Defendants’ reply brief shall be filed on or before February 28, 2014.

5)

No discovery will be initiated until the Court rules on the defendants motions.

December 9, 2013.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge