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Staska v. Stecker

United States District Court, D. Nebraska

December 18, 2018

JACOB F. STASKA, and JODIE M. FALLON, Plaintiffs,
v.
JAMES C. STECKER, Saunders County District Judge, in his personal and official capacity; et. al; Defendants.

          ORDER

          Cheryl R. Zwart United States Magistrate Judge

         The following motions are pending before me:

         • Plaintiff's motions:

• to extend the deadline for serving summons, (Filing No. 30);
• for leave to file an amended complaint, (Filing No. 48);
• 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); and

         • The motion to file a brief out of time filed by Defendants Linda Little and Anne Tweedy, (Filing No. 52).

         For the 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.

         Motion for Additional Time to Serve Summons (Filing No. 30)

         Pursuant 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 ...

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