Miller v. City of Dallas

Full title: CHARLES MILLER, et al., Plaintiffs VS. CITY OF DALLAS, Defendant

Court: United States District Court, N.D. Texas

Date published: Sep 5, 2001

Civil Action No. 3:98-CV-2955-D (N.D. Tex. Sep. 5, 2001)

Opinion

Civil Action No. 3:98-CV-2955-D

September 5, 2001

ORDER

SIDNEY FITZWATER, District Judge

The court grants defendant's August 15, 2001 motion to continue trial. This case is presently set on the court's September 17, 2001 trial docket. There is pending before the court defendant's motion for summary judgment, filed June 19, 2001. Defendant's reply brief was recently filed on August 21, 2001, and briefing concerning defendant's opposition to plaintiffs' summary judgment evidence has continued thereafter. The court will not be able to decide the pending summary judgment motion before the September 17, 2001 trial docket is completed.

Accordingly, the court resets this case to the two-week civil docket of Monday, January 7, 2002. The court cannot try a case of the estimated length of this one during any of its remaining available dockets in 2001.

LR 40.1 provides, "Unless the presiding judge orders otherwise, the granting of a motion for continuance will not extend or revive any deadline that has already expired in a case." Therefore, any relief from an expired deadline must be obtained by motion or agreed order (subject to court approval). Unexpired deadlines based on the prior trial setting, however, are hereby reset so that the parties shall now comply with them on the basis of the new setting.

SO ORDERED.