Brendan Welch and Welch Racing v. David Wright, et al.

Summary

The United States District Court for the District of Nebraska denies the plaintiffs’ motions to file documents by fax, email, or other electronic means and denies their motion for additional time to file an amended complaint or supplement. The court sets a February 17, 2026 deadline, explains permissible filing methods, and warns that failure to comply may lead to initial review and possible summary dismissal under 28 U.S.C. § 1915(e)(2).

Holdings

1. Plaintiffs were not entitled to prospective permission to file documents by email or fax because documents transmitted by those methods are not considered filed under the local rule without a court order, and plaintiffs had not complied with the prescribed CM/ECF registration process.
2. Plaintiffs' motion for another extension was denied without prejudice because the reasons offered did not demonstrate the exceptional circumstances required by the court's prior order, particularly in light of the numerous prior extensions and the prolonged failure to complete the required pleading.
3. Pro se litigants must know and comply with the applicable federal and local procedural rules and may face striking or summary denial of filings that fail to comply, particularly when the failures are not undertaken in good faith.

Questions Presented

1. Whether plaintiffs should be permitted to file documents by email, fax, or other electronic means outside the court's prescribed electronic filing process.
2. Whether plaintiffs established exceptional circumstances warranting another extension of the deadline to file an amended complaint or supplement.
3. Whether the court could require pro se plaintiffs to comply with the same applicable procedural and local rules as other litigants.

Disposition

other