Opinion
Case No. 3:10-cv-223.
September 1, 2010
ORDER
This case is before the Court on Plaintiff's Motion for an extension of time to and including October 1, 2010, to add parties and to amend his Complaint (Doc. No. 9). As reason for the extension, Plaintiff asserts the time schedule set in the case did not give him enough time "to complete his amendment due to his ongoing medical conditions." Id. PageID 29.
The Complaint in this case was filed against the present Defendants on June 10, 2010. As soon as Defendants filed an Answer, the Court set a Fed.R.Civ.P. 16 conference with six weeks prior notice so that the parties could prepare a joint report under Fed.R.Civ.P. 26(f) (See 7/2/2010 notation order). However, Plaintiff did not participate in the formulation of that report despite the opportunity. When the conference was held on August 17, 2010, he did not indicate he had any medical problems nor did he have any dissent from the dates proposed in the Report. He now seeks an additional month's time without giving any indication of what amendments he wants to make or what parties he wants to add. Furthermore, he has not described his medical condition which makes it impossible to comply with the scheduling order, nor provided any proof of such a condition.
The Motion is therefore denied.
The Court further notes for Plaintiff's future information that his certificate of service on the Motion is inadequate in that it promises to mail a copy to Defendants' counsel within three days of filing. To be correct, a certificate must aver that services has already been made.
September 1, 2010.