Wilson et al v. Geerdes et al

Filing 159

ORDER granting 158 Motion to Appoint Counsel. Elizabeth A. Govaerts is appointed as counsel for Mr. Wilson. Regarding 158 Motion to Extend, the deadline for responding to Defendants' motion for summary judgment is stayed pending further order of the court. As to Plaintiff's 152 Motion to Exclude, Ms. Govaerts shall confer with Plaintiff's former counsel, Michael Gooch, regarding receiving copies of Plaintiff's discovery gathered prior to Mr. Gooch's withdra wal. In all other respects, that motion is denied. A telephonic conference with the undersigned magistrate judge will be held on October 2, 2019 at 4:00 p.m. to discuss further case progression. Counsel shall use the conferencing instructions whic h will be filed after this order is entered to participate in the call. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to Mr. Gooch, Ms. Govaerts, and Finance (Pat Williamson, Jeremy Reece, Marissa Ortiz) Copy mailed to Mr. Wilson as directed) (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HAROLD BRYAN WILSON,
Plaintiff,

8:16CV524

vs.
ORDER
JASON GEERDES, in their Official
Capacity; SCOTT FRAKES, Director, in
their Official Capacity; TAGGART BOYD,
Warden, in their Official Capacity; and
MICHELE CAPPS, in her official capacity
as Warden of the Nebraska State
Penitentiary;
Defendants.

The factual and legal issues in this case are potentially complex. In particular,
upon review of the Defendants’ submissions on their renewed motion for summary
judgment, the court finds the plaintiff is entitled to the assistance of counsel.
Accordingly,
IT IS ORDERED:
Plaintiff’s motion for appointment of counsel, Filing No. 158), is granted

1)
as follows:

a.
Pursuant to the Amended Plan for the Administration of the Federal
Practice Fund and the Federal Practice Committee, ¶ II.A.1.a, and the
inherent authority of this Court,
Elizabeth A. Govaerts
POWERS LAW FIRM
411 South 13th Street
Suite 300
Lincoln, NE 68508
is herewith appointed as counsel for Mr. Wilson. The court thanks Ms.

Govaerts for accepting this appointment.
b.
Ms. Govaerts shall be paid a total of $2,000 in fees plus Ms. Govaerts
sum at this time with the balance of the fees and any expenses to be paid at
the conclusion of the case. The court reserves the right to tax the fees and
expenses of Ms. Govaerts as sanctions or costs against one or both parties.
c.

Ms. Govaerts shall promptly enter her appearance.

d.
The deadline for responding to Defendants’ motion for summary
judgment is stayed pending further order of the court.

2.

As to Plaintiff’s motion, (Filing No. 152), Ms. Govaerts shall confer with

Plaintiff’s former counsel, Michael Gooch, regarding receiving copies of Plaintiff’s
discovery gathered prior to Mr. Gooch’s withdrawal. In all other respects, that
motion is denied.
3.

The clerk shall email a copy of this order to Mr. Gooch and Ms.

Govaerts, and the clerk shall mail a copy to Mr. Wilson.
4.

The undersigned magistrate judge will regenerate the NEFs to Ms.

Govaerts after the close of business today so that the magnitude of emails received
does not interrupt the business of her law firm during normal working hours.

5.

A telephonic conference with the undersigned magistrate judge will be

held on October 2, 2019 at 4:00 p.m. to discuss further case progression. Counsel
shall use the conferencing instructions which will be filed after this order is entered
to participate in the call.
Dated this 11th day of September, 2019.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge