Hasenbank v. State of Nebraska

Filing 31

ORDER - The court held a conference call with the parties today to determine the status of Plaintiff's ability to participate in this case. Plaintiff's response to Defendants' motion to dismiss, (Filing No. 26 ), shall be filed on or before March 3, 2016. Failure to file a timely response result in dismissal of this case for want of prosecution. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed and e-mailed to pro se party as directed)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HEATHER HASENBANK,
Plaintiff,

8:15CV88

vs.
ORDER
STATE OF NEBRASKA, CPS, RYAN
MARTIN, AND DALE WEIS,
Defendants.
Plaintiff contacted the court on December 14, 2015, and stated she was unable to
prosecute this case because she will be hospitalized until her baby is born. The due date
is May 16, 2016.

On December 18, 2015, the defendants moved to dismiss the case. (Filing No.
26). Plaintiff did not respond to the motion. The court held a conference call with the
parties today to determine the status of Plaintiff’s ability to participate in this case.
Plaintiff appeared pro se; Defendants appeared through counsel.

Plaintiff states she was released from the hospital on January 31, 2016. She did
not update the court concerning her release.

Plaintiff was reminded that she must

respond to the defendants’ motion to dismiss, and at Plaintiff’s request, the response date
was set for March 3, 2016. Plaintiff was warned that if she fails to the respond to the
motion, or to otherwise advance this case, her claims may be dismissed for want of
prosecution.

Plaintiff was further advised that the court questions whether a doctor would
hospitalize her the remaining three months of her pregnancy. Plaintiff was warned that if
she requests further continuances of her case, or otherwise attempts to further delay this

case based on medical complications or claims, the court may require production of
medical records as proof of Plaintiff’s statements.

Plaintiff further advised the court of her new address. The court’s records will be
updated accordingly. The court confirmed Plaintiff’s email address and phone number
are unchanged.

IT IS ORDERED:

1)

Plaintiff’s response to Defendants’ motion to dismiss, (Filing No. 26), shall

be filed on or before March 3, 2016. Failure to file a timely response result in dismissal
of this case for want of prosecution.

2)

The clerk shall both mail and email this order to Plaintiff.

February 16, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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