Bastian v. The Unted States of America

Filing 40

MEMORANDUM AND ORDER - All Defendants are granted until November 23, 2018, in which to answer or otherwise plead in response to Plaintiff's First Amended Complaint. The Clerk of Court shall transmit a copy of this order to the U.S. Marshal' s Office in Lincoln, Nebraska. The Clerk of Court shall create a pro se deadline of November 23, 2018, by which all served Defendants must answer or otherwise plead in response to Plaintiff's First Amended Complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party; e-mailed to Lincoln USM) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CASEY J. BASTIAN,

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Plaintiff,
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v.
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UNITED STATES OF AMERICA, et )
al.,
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Defendants.
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8:17CV309

MEMORANDUM
AND ORDER

Counsel for the Defendants has filed a Motion for Extension of Time (Filing
No. 39) in which to answer or otherwise plead in response to Plaintiff’s First
Amended Complaint (Filing No. 21). Counsel’s Motion helpfully and efficiently notes
in chart format the service date and responsive pleading date for each Defendant
(Filing No. 39 at CM/ECF p. 2), including the fact that Defendants Michael R.
Kitsmiller, Kristi Johnson, and Thomas Reinwart in their official and individual
capacities have not yet been served. Because a uniform response date for all
Defendants will prevent piecemeal litigation, and to allow for service of process upon
Defendants Kitsmiller, Johnson, and Reinwart to occur, the Motion for Extension of
Time will be granted.1 Accordingly,
IT IS ORDERED:
1.
All Defendants are granted until November 23, 2018, in which to answer
or otherwise plead in response to Plaintiff’s First Amended Complaint.

1

The Court is scheduled to meet with representatives of the United States
Marshal’s Office on Monday, September 24, 2018, to explore the source of difficulty
in serving Defendants Kitsmiller, Johnson, and Reinwart.

2.
The Clerk of Court shall transmit a copy of this order to the U.S.
Marshal’s Office in Lincoln, Nebraska.
3.
The Clerk of Court shall create a pro se deadline of November 23, 2018,
by which all served Defendants must answer or otherwise plead in response to
Plaintiff’s First Amended Complaint.
DATED this 20th day of September, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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