Cartwright v. State of Nebraska, City of Sidney, Cheyenne County et al
MEMORANDUM AND ORDER - This matter may proceed to service of process against the City of Sidney, Nebraska; Jony Mathews (spelled "Joanie Matthes" in NEOC's Final Investigative Report); Jordan Ball; Gary Pearson; and Lori Bartling. The Clerk of the Court is directed to terminate as parties those Defendants not named in the Amended Complaint. ( Pro Se Case Management Deadline set for 5/25/2015: check for completion of service of summos) Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party as directed with (5) summons forms and (5) USM 285 Forms)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JENNIFER LYNN CARTWRIGHT,
CITY OF SIDNEY, et al.,
This matter is before the Court on Plaintiff’s Amended Complaint (Filing No. 11).
Plaintiff filed her Amended Complaint on December 8, 2014. Plaintiff did not describe the
facts of her claim in her Amended Complaint. Rather, she attached a “Commission
Determination” and “Final Investigative Report” from the Nebraska Equal Opportunity
Commission (“NEOC”). (See Filing No. 11. at ECF 6-46.) According to these documents,
the NEOC found reasonable cause to believe that the City of Sidney, Nebraska,
“discriminated against [Plaintiff] on the issue of terms and conditions on the basis of sex,
and on the issues of terms and conditions and reasonable accommodation on the basis
of disability (failure to allow exemption for service animals).” (Filing No. 11 at ECF 6.) The
date of the NEOC’s determination is not apparent from the face of the document. (See
Filing No. 11 at ECF 6.) Plaintiff, however, alleged the “determination letter” is dated
August 17, 2012. (Filing No. 11 at ECF 4.)
In this action, it appears Plaintiff intends to sue Defendants for discrimination
against her on the basis of sex and disability in violation of the Fair Housing Act, 42 U.S.C.
§§ 3601-3631, and the Nebraska Fair Housing Act, Neb. Rev. Stat. § 20-333. At this time
the Court makes no determination as to the sufficiency of Plaintiff’s Amended Complaint
or whether it states a claim upon which relief may be granted. However, out of an
abundance of caution, and in order to ensure a just and fair resolution of this matter,
Plaintiff will be allowed to serve the Defendants listed in the Amended Complaint (who are
also the respondents named in Plaintiff’s NEOC action): the City of Sidney, Nebraska; Jony
Mathews (spelled “Joanie Matthes” in NEOC’s Final Investigative Report); Jordan Ball;
Gary Pearson; and Lori Bartling. Accordingly,
IT IS ORDERED:
This matter may proceed to service of process against the City of Sidney,
Nebraska; Jony Mathews (spelled “Joanie Matthes” in NEOC’s Final Investigative Report);
Jordan Ball; Gary Pearson; and Lori Bartling.
The Clerk of the Court is directed to terminate as parties those Defendants
not named in the Amended Complaint.
The Clerk of the Court is directed to send to Plaintiff a copy of the Amended
Complaint, a copy of this Memorandum and Order, five summons forms, and five USM 285
Forms. Federal Rule of Civil Procedure 4(m) requires service of the complaint on a
defendant within 120 days of filing the complaint. However, Plaintiff is granted, on the
Court’s own motion, an extension of time until 120 days from the date of this order to
complete service of process.
If requested to do so in this matter, the United States Marshal will serve all
process in this case without prepayment of fees from Plaintiff. In making such a request,
Plaintiff must complete the USM 285 forms to be submitted to the Clerk of the Court with
the completed summons forms. Without these documents, the United States Marshal will
not serve process.
Upon receipt of the completed forms, the Clerk of the Court will sign the
summons forms and forward them to the Marshal for service on Defendant, together with
a copy of the Amended Complaint.
The Clerk is directed to set a pro se case management deadline in this case
with the following text: May 25, 2015: Check for completion of service of summons.
DATED this 2nd day of February, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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