Meekins v. Beard

Full title: WILLIAM MEEKINS, Plaintiff v. JEFFREY BEARD, et al., Defendants

Court: United States District Court, M.D. Pennsylvania

Date published: Feb 14, 2008

CIVIL NO. 3:CV-06-290 (M.D. Pa. Feb. 14, 2008)

Opinion

CIVIL NO. 3:CV-06-290.

February 14, 2008

ORDER

EDWIN KOSIK, Senior District Judge

NOW, THIS 14^th DAY OF FEBRUARY, 2008, IT IS HEREBY ORDERED AS FOLLOWS:

1. Plaintiff's motion for sanctions (Doc. 53), motion to compel and for sanctions (Doc. 54) and motion to compel (Doc. 61) are deemed withdrawn for failure to file supporting briefs in accordance with M.D. Pa. Local Rule 7.5.

2. Plaintiff's motion for a thirty (30) day enlargement of the discovery deadline (Doc. 58) filed on May 11, 2007, is granted nunc pro tunc.¹

3. Defendants' motion for enlargement of time to file a dispositive motion (Doc. 62) submitted on May 31, 2007, is granted nunc pro tunc . The motion for summary judgment filed by Defendants on August 7, 2007 will be deemed timely filed.

4. Plaintiff's motion for judgment due to Defendants' failure to oppose his motion for summary judgment (Doc. 63) is denied. ²

5. Plaintiff's motion for relief due to Defendants failure to defend and timely file dispositive motion (Doc. 77) is denied in light of the timely filing of Defendants' motion for summary judgment on August 7, 2007.

6. Plaintiff's motion to dismiss his original brief in support of summary judgment and substitute proposed supporting brief (Doc. 73) is granted. Document 74 will be accepted as Plaintiff's brief in support of his motion for summary judgment.³

1 The court assumes that because this motion was filed nine (9) months ago and because Plaintiff has both filed his own dispositive motion and responded to a dispositive motion filed by Defendants, that he has had the additional time requested to complete discovery. Accordingly, no further discovery period will be ordered.

2 Plaintiff filed his motion for summary judgment and supporting brief on May 21, 2007. Defendants timely submitted their opposing brief on June 6, 2007. Pursuant to M.D. Pa. Local Rule 7.6, a brief opposing a pretrial motion is due within fifteen (15) days after service of the movant's brief. Also added to this time period is three (3) days for mailing pursuant to Fed.R.Civ.P. 6(e).

3 Defendants are not prejudiced by this ruling in that they also submitted further opposition to Plaintiff's motion for summary judgment following Plaintiff's submission of the instant motion. Further, Defendants have filed a cross-motion for summary judgment in this matter.