United States District Court, D. Nebraska
JACOB F. STASKA, and JODIE M. FALLON, Plaintiffs,
JAMES C. STECKER, Saunders County District Judge, in his personal and official capacity; et. al; Defendants.
R. Zwart United States Magistrate Judge
following motions are pending before me:
• to extend the deadline for serving summons,
(Filing No. 30);
• for leave to file an amended complaint, (Filing
• requesting subpoenas, (Filing No. 49); and
• to strike the motion to dismiss filed by Defendants
Nebraska Land Title & Abstract and Anne Tweedy,
(Filing No. 50).
Defendant Darren L. Hartman's motion to strike
Plaintiffs' motion to amend, (Filing No. 51);
The motion to file a brief out of time filed by Defendants
Linda Little and Anne Tweedy, (Filing No. 52).
reasons explained below, Plaintiffs' motion for
additional time to serve summons will be granted in part and
denied in part. All other motions filed by Plaintiffs will be
denied. Defendant Hartman's motion to strike will be
granted, and the motion filed by Defendants Little and Tweedy
requesting leave to file a brief out of time will be granted.
for Additional Time to Serve Summons (Filing No.
to Rule 4(m) of the Federal Rules of Civil Procedure,
If a defendant is not served within 90 days after the
complaint is filed, the court-on motion or on its own after
notice to the plaintiff- must dismiss the action without
prejudice against that defendant or order that service be
made within a specified time. But if the plaintiff shows good
cause for the ...