Morgan v. Robinson et al

Filing 67

ORDER regarding 62 Motion to Compel Arbitration. The defendants' Motion to Compel Arbitration (Filing No. 62) is denied. The stay of this case is lifted. The defendants shall have until October 19, 2015, to file an answer or otherwise respond to the plaintiff's Complaint (Filing No. 1). The parties shall have until November 3, 2015, to file a planning report as required by Fed. R. Civ. P. 26(f). Ordered by Magistrate Judge Thomas D. Thalken. (SLP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DONALD MORGAN,
Plaintiff,

8:14CV212

vs.
ORDER
MICHAEL ROBINSON, WASHINGTON
COUNTY SHERIFF, an individual, and
WASHINGTON COUNTY, NEBRASKA,
Defendants.
This matter is before the court on the defendants’ Motion to Compel Arbitration
(Filing No. 62). The defendants filed a brief (Filing No. 64) and an index of evidence
(Filing No. 63) in support of the motion.

The plaintiff filed a brief (Filing No. 65)

opposing the motion. The defendants filed a brief (Filing No. 66) in reply. In the reply,
the defendants conceded the plaintiff was not required to engage in further arbitration of
his constitutional claims. The defendants sought additional time to file an answer after
which it would be appropriate to begin progression. Accordingly,

IT IS ORDERED:
1.

The defendants’ Motion to Compel Arbitration (Filing No. 62) is denied.

2.

The stay of this case is lifted.

3.

The defendants shall have until October 19, 2015, to file an answer or

otherwise respond to the plaintiff’s Complaint (Filing No. 1).
4.

The parties shall have until November 3, 2015, to file a planning report as

required by Fed. R. Civ. P. 26(f).
Dated this 18th day of September, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge