Jefferson v. 44th Street Western Hills, LLC et al

Filing 14

ORDER that the Unopposed Motion for Leave (Filing No. 12 ) is granted. Defendant 44th Street Western Hills, LLC, is granted leave to amend its motion at Filing No. 8 . Western Hills shall file its amended motion by May 9, 2016. The Clerk of Court shall terminate the appearance Scott P. Moore of Baird Holm, LLP as counsel for the defendant Douger's Lounge. Douger's Lounge has not made an appearance in this matter. Ordered by Magistrate Judge F.A. Gossett. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
VERYL JEFFERSON,
Plaintiff,
v.
44TH STREET WESTERN HILLS,
LLC, DOUGER’S LOUNGE, and
DOES 1-5,
Defendants.

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8:16CV34
Order

This matter comes before the court on the unopposed motion (Filing No. 12) filed
by defendant 44th Street Western Hills, LLC (“Western Hills”). On March 30, 2016,
Western Hills filed an Unopposed Motion to Extend Deadline to Answer or Respond to
Complaint (Filing No. 8) on behalf of Western Hills and Douger’s Lounge, which motion
the court granted (Filing No. 9). However, Western Hills now states it inadvertently filed
the motion on behalf of Douger’s Lounge. The plaintiff has not secured service of
summons on Douger’s Lounge, and neither Western Hills nor its counsel, Baird Holm,
LLP, had authority to make an appearance on Douger’s Lounge’s behalf. Western Hills
seeks leave to amend the motion extend (Filing No. 8) to remove Douger’s Lounge, allow
Baird Holm LLP to withdraw as counsel for Douger’s Lounge, and order that Douger’s
Lounge has not made an appearance in this case. Plaintiff’s counsel does not oppose this
motion. Upon consideration,

IT IS ORDERED:
1.

The Unopposed Motion for Leave (Filing No. 12) is granted.

2.

Defendant 44th Street Western Hills, LLC, is granted leave to amend its

motion at Filing No. 8. Western Hills shall file its amended motion by May 9, 2016.

3.

The Clerk of Court shall terminate the appearance Scott P. Moore of Baird

Holm, LLP as counsel for the defendant Douger’s Lounge.
4.

Douger’s Lounge has not made an appearance in this matter.

DATED: May 6, 2016.
BY THE COURT:
s/ F.A. Gossett
United States Magistrate Judge