Opinion
NO. 3:08-0866
10-16-2012
ALVION PROPERTIES, INC., SHIRLEY K. MEDLEY, and HAROLD M. REYNOLDS, Plaintiffs, v. BERND H. WEBER, RAYMONDE WEBER, CLAUDE J. CHAUVEAU, AMERICAN GULF FINANCE CORP., ALVION PARTNERS, LLC, AGF REALTY SOLUTIONS, INC., TIMEDATA HOLDINGS, LLC, Defendants. BERND H. WEBER, CLAUDE J. CHAUVEAU, Counter-Claimants, Harold M. Reynolds, Shirley K. Medley, Donald M. Medley, Farmers State Bank Of Alto Pass, Brad Henshaw, Allain de la Motte, Elizabeth Melland, Robert M. West, Melland Group, LLC, Counter-Defendants.
Judge Sharp/Bryant
Jury Demand
TO: The Honorable Kevin H. Sharp
REPORT AND RECOMMENDATION
Third-party defendants Robert M. West and Allain de la Motte have filed their "Motion For Summary Dismissal Of The Case" (Docket Entry No. 630). These parties in their motion cite Rule 12(b)(2) and (3), and they attach their supporting affidavits. Therefore, the undersigned Magistrate Judge construes this motion to be one for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.
This motion is untimely. The case management order in effect in this case (Docket Entry No. 543) requires that all dispositive motions be filed no later than July 25, 2012. This motion filed by West and de la Motte was not filed until October 15, 2012, almost three months late. Moreover, these parties have neither sought leave to file this motion after the deadline nor have they offered any explanation why their motion could not have been filed timely. For these reasons, the undersigned Magistrate Judge finds that this motion must be denied.
RECOMMENDATION
For the reasons stated above, the undersigned Magistrate Judge RECOMMENDS that the "Motion For Summary Dismissal" filed by third-party defendants West and de la Motte (Docket Entry No. 630) be DENIED.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14) days from service of this Report and Recommendation in which to file any written objections to this Recommendation, with the District Court. Any party opposing said objections shall have fourteen (14) days from receipt of any objections filed in this Report in which to file any responses to said objections. Failure to file specific objections within fourteen (14) days of receipt of this Report and Recommendation can constitute a waiver of further appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140 (1985), reh'g denied, 474 U.S. 1111 (1986).
________
JOHN S. BRYANT
United States Magistrate Judge