Petersen v. Bitters et al

Filing 109

MEMORANDUM AND ORDER - The Clerk of Court is directed to mail a copy of the plaintiff's Amended Complaint (Filing No. 99 ), together with this Order, to defendant Henry at the most recent address he has made available to the Court: John L. He nry P.O. Box 27659 Omaha, NE 68127. Defendant Henry's request for additional time in which to answer (Filing No. 108 ) is granted. Defendant Henry shall file an answer or otherwise respond to the plaintiff's Amended Complaint (Filing No. 99 ) within ten (10) days of the date of this order. Ordered by Judge Robert F. Rossiter, Jr.(Copy mailed to pro se party as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ESTATE OF JOYCE ROSAMOND
PETERSEN,
8:16CV183
Plaintiff,
vs.

MEMORANDUM AND ORDER

ROBERT W. BOLAND, JR., UNITED
FINANCIAL SERVICES, WILLIAM E.
BITTERS and JOHN L. HENRY,
Defendants.
This matter is before the Court on defendant John L. Henry’s pro se request for
additional time in which to answer the Amended Complaint (Filing No. 108).
As noted in this Court’s Memorandum and Order of August 18, 2016, the record
reflects that defendant Henry was personally served with the original Complaint in this
matter on March 18, 2015. As also noted in that Memorandum and Order, the record also
reflects that no pleadings in the transferor court (the Eastern District of Texas) were filed
by Henry.
After dealing with a number of motions relating to the alleged default of Henry
including setting aside Default Judgment against Henry, the Court directed Henry to file
an Answer to the Amended Complaint within 10 days of August 18, 2016 (Filing No.
103). The current motion, filed August 31, 2016, is now before the Court. In his motion
Henry claims that he never received the Amended Complaint and that he had been out of
town, and therefore did not receive Filing No. 103 until August 30, 2016.
In viewing the Amended Complaint filed, with leave of Court, on August 8, 2016
(Filing No. 99), the certificate of service filed by plaintiff’s counsel indicates only that

“Plaintiff will make a diligent effort within a reasonable time to serve this document on
any parties, i.e. John Henry, who have not made an appearance through counsel and
otherwise consented to receive electronic service.”
A review of CM/ECF in this case, however, shows that Henry had provided an
address update (albeit a P.O. Box) on July 18, 2016. As a pro se litigant, Henry does not
currently have access to electronic filing, and the Amended Complaint should have been
served on him at the P.O. Box address he has provided for service.
In order to facilitate progression of this case and, given the many delays, a copy of
the Amended Complaint will be appended to the copy of this Order that is sent via U.S.
mail to Henry so as to allow Henry to timely answer the Complaint or otherwise respond
under Rule 12.
In the future, the represented parties should serve all motions and other pleadings
on Henry at the P.O. Box (or any subsequent address) noted on CM/ECF.
Similarly, due to the many delays in this case directly attributable to Henry, Henry
is admonished that even though he is proceeding pro se, he is under an obligation to
follow all of the rules of this Court, including keeping the Court and counsel apprised of
his latest address. In addition, and especially given the fact that Henry is receiving
service at a Post Office Box, Henry is admonished that he must regularly check that Post
Office Box so that he can timely reply where necessary and timely comply with any
orders of this Court. Not checking that Post Office Box or being “out of town” will not
excuse Henry from timely compliance with Court rules or his obligation in this litigation.
Henry is also reminded of his obligation to serve all parties, by U.S. mail, and to send to
the Clerk’s Office for filing, all motions and other documents he presents to the Court.

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In consideration of the foregoing,
IT IS ORDERED:
1.

The Clerk of Court is directed to mail a copy of the plaintiff’s
Amended Complaint (Filing No. 99), together with this Order, to
defendant Henry at the most recent address he has made available to
the Court:
John L. Henry
P.O. Box 27659
Omaha, NE 68127

2.

Defendant Henry’s request for additional time in which to answer
(Filing No. 108) is granted.

3.

Defendant Henry shall file an answer or otherwise respond to the
plaintiff’s Amended Complaint (Filing No. 99) within ten (10) days
of the date of this order.

DATED this 6th day of September, 2016.
BY THE COURT:
s/ Robert F. Rossiter, Jr.
United States District Judge

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