Cartwright v. State of Nebraska, City of Sidney, Cheyenne County et al

Filing 81

ORDER Plaintiff's requests (filing 79 ) shall be granted, in part. A revised pre-trial order shall be submitted to the Court no later than March 2, 2016. Plaintiff shall provide her proposed additions and/or deletions to defense counsel by Feb ruary 17, 2016. Defense counsel has no obligation to contact Plaintiff in an effort to obtain Plaintiffs changes. Defense counsel shall submit the revised order to the Court in accordance with the deadline. If no changes are necessary due to Plaintif fs failure to communicate with defense counsel regarding this matter, counsel shall so inform the Court. If a party proposes an addition or deletion which is not agreed to by all the other parties, that fact should be noted in the text of the docume nt. The revised order must be signed by the pro se party and by counsel for all represented parties. Pretrial Conference set for 6/13/2016 at 10:00 AM in Courtroom 6, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F.A. Gossett. All parties (or their attorneys) must attend the Pretrial Conference in Omaha.Ordered by Magistrate Judge F.A. Gossett. (Copy mailed as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JENNIFER LYNN CARTWRIGHT,
Plaintiff,
V.
JORDAN BALL, CITY OF SIDNEY,
NEBRASKA, JONY MATHEWS,
Code Enforcer, and GARY
PEARSON, City Manager,
Defendants.

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8:14CV246

ORDER

On or about January 26, 2016, Plaintiff submitted a document entitled “Plaintiff’s
Affidavit of Facts Proving Extraordinary Circumstances Exist, Requesting an Emergency
Doctrine Supersede and be Applied to Allow Plaintiff to Participate in Preparation of the PreTrial Order.” (Filing 79.)
Plaintiff’s “Affidavit of Facts” states that she was not able to fully participate in the
preparation of the proposed pre-trial order that defense counsel submitted to the Court on
January 26, 2016. Plaintiff claims that she was not able to make additional changes to the
proposed order, essentially because she ran out of time. Therefore, Plaintiff requests an
extension of time to submit her proposed changes. Plaintiff’s “Affidavit of Facts” also
requests the appointment of counsel.
The Court will give Plaintiff one additional opportunity to participate in the
submission of a proposed order. However, counsel will not be appointed. As Plaintiff was
previously informed, [i]ndigent civil litigants do not have a constitutional or statutory right
to appointed counsel.” Davis v. Scott, 94 F.3d 444, 447 (8th Cir. 1996). “The trial court has
broad discretion to decide whether both the plaintiff and the court will benefit from the
appointment of counsel.” Id. Again, no such benefit is apparent here.
Accordingly,

IT IS ORDERED:
1.

Plaintiff’s requests (filing 79) shall be granted, in part. A revised pre-trial
order shall be submitted to the Court no later than March 2, 2016.
Plaintiff shall provide her proposed additions and/or deletions to defense
counsel by February 17, 2016. Defense counsel has no obligation to
contact Plaintiff in an effort to obtain Plaintiff’s changes. Defense counsel
shall submit the revised order to the Court in accordance with the
deadline. If no changes are necessary due to Plaintiff’s failure to
communicate with defense counsel regarding this matter, counsel shall so
inform the Court. If a party proposes an addition or deletion which is not
agreed to by all the other parties, that fact should be noted in the text of the
document. The revised order must be signed by the pro se party and by
counsel for all represented parties.

2.

The Pretrial Conference will be held before the undersigned in Courtroom 6,
2nd Floor of the Hurska Federal Courthouse, 111 South 18th Plaza, Omaha,
Nebraska, on June 13, 2016 at 10:00 a.m. All parties (or their attorneys)
must attend the Pretrial Conference in Omaha.

3.

The Clerk of Court is directed to mail a copy of this Order to Plaintiff at her
address of record, as well as send an electronic copy of this Order to Plaintiff’s
email address of record.

DATED February 3, 2016.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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