Ashford et al v. Douglas County et al

Filing 32

ORDER that Plaintiffs' motion to file a second amended complaint 27 is granted and they shall have until September 11, 2015, to file such second amended complaint. The pleading entitled "first amended complaint" 28 is stricken as b eing an incorrect document. Plaintiffs' motion for extension of time to serve defendants 29 is denied as moot as plaintiffs will have 120 days from the date of the filing of the second amended complaint to complete service. Any summonses previously issued by the clerk's office on August 31, 2015, are deemed null and void. Ordered by Senior Judge Lyle E. Strom. (JSF)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA TIMOTHY L. ASHFORD, TIMOTHY L. ASHFORD, P.C.L.L.O., ) ) ) Plaintiffs, ) ) v. ) ) DOUGLAS COUNTY, STATE OF ) NEBRASKA, W. RUSSELL BOWIE, ) in his Official Capacity, ) CRAIG McDERMOTT, in his ) Official Capacity, DOUGLAS ) JOHNSON, in his Official ) Capacity, LESLIE JOHNSON, ) in her Official Capacity, ) JOHN DOE, DOUGLAS COUNTY ) COMMISSIONER, in his Official ) Capacity, SHELLY STRATMAN, ) in her Official Capacity, ) JOHN DOES, 1-1000, JANE DOES, ) 1-1000, ) ) Defendants. ) ______________________________) 8:15CV8 ORDER This matter is before the Court on plaintiffs’ motion for leave to file a first amended complaint and to add parties (Filing No. 27), a “first amended complaint” (Filing No. 28), and a motion for extension of time to serve defendants (Filing No. 29). The Court notes plaintiffs have previously filed a first amended complaint (Filing No. 4). Plaintiffs will be permitted to file a second amended complaint on or before September 11, 2015. Accordingly, IT IS ORDERED: 1) Plaintiffs’ motion to file a second amended complaint is granted and they shall have until September 11, 2015, to file such second amended complaint. 2) The pleading entitled “first amended complaint” (Filing No. 28) is stricken as being an incorrect document. 3) Plaintiffs’ motion for extension of time to serve defendants is denied as moot as plaintiffs will have 120 days from the date of the filing of the second amended complaint to complete service. 4) Any summonses previously issued by the clerk’s office on August 31, 2015, are deemed null and void. DATED this 1st day of September, 2015. BY THE COURT: /s/ Lyle E. Strom _____________________________ LYLE E. STROM, Senior Judge United States District Court -2-

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