Franks v. Nissen et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JEREMY A. FRANKS,
Plaintiff,
vs.
SGT. KALLEN NISSEN, in their
individual capacity; SGT. MARC
DRAPPEL, in their individual
capacity; CPL. JOE BRYAN, in their
individual capacity; CPL.
HUSBANDS, in their individual
capacity; DR. JEFFREY
KASSELMAN, in their individual and
official capacity; and DR. JEFFREY
DAMME, in their individual and
official capacity;
Defendants.
4:22CV3233
MEMORANDUM AND ORDER
This matter is before the Court on Defendant Kallen Nissen’s motion
requesting leave to file his answer to Plaintiff’s complaint out of time. Filing
No. 56. On January 7, 2026, the Court entered an order granting Plaintiff
until February 6, 2026, to file a motion for default judgment against
Defendant Nissen due to Nissen’s failure to file an answer within 21 days of
being served with summons. Filing No. 55. In the present motion, counsel
from the Attorney General’s Office states Nissen is now represented by their
office, but delays in communication between Nissen and counsel due to
Nissen being on military duty assignment and the formalities required to
establish representation by the Attorney General’s Office prevented Nissen
from securing representation prior to the time to file his answer had expired.
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Nissen now requests leave to file the proposed answer attached to his motion,
Filing No. 56-1, along with the remaining defendant, Cpl. Joe Bryan, who
was previously granted an extension to February 4, 2026, to file an answer,
see Filing No. 54. Upon consideration, and for good cause shown,
IT IS ORDERED that:
1. Defendant Nissen’s motion for leave to file out of time, Filing No.
56, is granted.
2. Defendants Nissen and Bryan shall promptly file their answer.
3. The Court’s January 7, 2026, Memorandum and Order, Filing No.
55, is now moot, and Plaintiff is no longer required to file a motion for default
judgment.
4. The Clerk of the Court is directed to terminate the February 6,
2026, pro se case management deadline for filing motion for default judgment
set forth in Filing No. 55.
5. After Defendants Nissen and Bryan file their answer, the Court
will enter an order progressing this matter to final resolution.
Dated this 9th day of January, 2026.
BY THE COURT:
_________________________________
John M. Gerrard
Senior United States District Judge
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