Doe v. Lincoln Public Schools

D. Nebraska

Doe v. Lincoln Public Schools

DecidedSeptember 20, 2022

Docket4:20-cv-03102

StatusUnknown

This text of Doe v. Lincoln Public Schools (Doe v. Lincoln Public Schools) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doe v. Lincoln Public Schools, (D. Neb. 2022).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

JANE DOE, individually and as next friend; and JOHN DOE, a minor;

4:20CV3102 Plaintiffs,

vs. ORDER

LINCOLN PUBLIC SCHOOLS,

Defendant.

This matter is before the Court on Plaintiffs’ counsel’s Motion to Withdraw (Filing No. 54). A telephone conference was held regarding the motion on September 20, 2022. Three telephone conferences have now been held regarding this motion. Upon hearing the matter, the motion will be granted. Plaintiff Jane Doe is appearing individually and as next friend for John Doe, who is her minor child. “[I]t is well established that a pro se party may not represent others, even when it is a parent purporting to represent his minor children.” Behrens v. GMAC Mortg., LLC, No. 8:13- CV-72, 2013 WL 6118415, at *4 (D. Neb. Nov. 21, 2013). Therefore, this action will be stayed until October 5, 2022 to allow Plaintiffs time to obtain substitute counsel. Accordingly, IT IS ORDERED: 1. The Motion to Withdraw (Filing No. 54) is granted. 2. Jennifer Tomka shall serve a notice of withdrawal upon Plaintiffs. By September 23, 2022, Jennifer Tomka shall file a certificate of service setting out the address to which the notice of withdrawal was sent. Once the notice of withdrawal is filed, the Clerk of Court shall terminate Jennifer Tomka as counsel of record for Plaintiffs and terminate future notices to Jennifer Tomka in this case. 3. This action is stayed until October 5, 2022, to allow Plaintiffs time to obtain substitute counsel. Substitute counsel shall enter an appearance by October 5, 2022. 4. When substitute counsel enters an appearance, counsel shall confer regarding case progression deadlines. Counsel shall submit proposed case progression deadlines to bazis@ned.uscourts.gov by October 12, 2022. 5. Jennifer Tomka shall provide Plaintiffs with a copy of this Order. By September 23, 2022, Jennifer Tomka shall file a certificate of service showing compliance with this requirement. Dated this 20th day of September, 2022. BY THE COURT:

s/ Susan M. Bazis United States Magistrate Judge

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

JANE DOE, individually and as next friend; and JOHN DOE, a minor;

4:20CV3102 Plaintiffs,

vs. ORDER

LINCOLN PUBLIC SCHOOLS,

Defendant.

This matter is before the Court on Plaintiffs’ counsel’s Motion to Withdraw (Filing No. 54). A telephone conference was held regarding the motion on September 20, 2022. Three telephone conferences have now been held regarding this motion. Upon hearing the matter, the motion will be granted. Plaintiff Jane Doe is appearing individually and as next friend for John Doe, who is her minor child. “[I]t is well established that a pro se party may not represent others, even when it is a parent purporting to represent his minor children.” Behrens v. GMAC Mortg., LLC, No. 8:13- CV-72, 2013 WL 6118415, at *4 (D. Neb. Nov. 21, 2013). Therefore, this action will be stayed until October 5, 2022 to allow Plaintiffs time to obtain substitute counsel. Accordingly, IT IS ORDERED: 1. The Motion to Withdraw (Filing No. 54) is granted. 2. Jennifer Tomka shall serve a notice of withdrawal upon Plaintiffs. By September 23, 2022, Jennifer Tomka shall file a certificate of service setting out the address to which the notice of withdrawal was sent. Once the notice of withdrawal is filed, the Clerk of Court shall terminate Jennifer Tomka as counsel of record for Plaintiffs and terminate future notices to Jennifer Tomka in this case. 3. This action is stayed until October 5, 2022, to allow Plaintiffs time to obtain substitute counsel. Substitute counsel shall enter an appearance by October 5, 2022. 4. When substitute counsel enters an appearance, counsel shall confer regarding case progression deadlines. Counsel shall submit proposed case progression deadlines to bazis@ned.uscourts.gov by October 12, 2022. 5. Jennifer Tomka shall provide Plaintiffs with a copy of this Order. By September 23, 2022, Jennifer Tomka shall file a certificate of service showing compliance with this requirement. Dated this 20th day of September, 2022. BY THE COURT:

s/ Susan M. Bazis United States Magistrate Judge

Cite This Page — Counsel Stack

Bluebook (online)

Doe v. Lincoln Public Schools, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-lincoln-public-schools-ned-2022.