Opinion
CIVIL ACTION NO. H-02-1242
July 8, 2002
ORDER
Pending before the Court is Interpleader Defendant Internal Revenue Service's ("IRS") Motion to Reopen Case (Dkt. #7). On May 15, 2002 the Court granted the IRS's motion to stay this case pending the resolution of Defendants William and Ann Montgomery's bankruptcypetition. On May 29, 2002 the Honorable Manuel Leal dismissed the Montgomerys' bankruptcy petition with prejudice for 180 days. The IRS has now requested that the Court lift the stay it imposed on May 15, 2002 and allow this case to proceed. The IRS's motion was filed on June 6, 2002. Under Local Rule 7.3, "Opposed motions will be submitted to the judge twenty days from filing without notice from the clerk and without appearance by counsel". Thus, the other parties to this lawsuit had until July 1, 2002 to respond to the pending motion. As of the date of this order no response has been received by the Court. Local Rule 7.4 provides that, "Failure to respond will be taken as a representation of no opposition." Thus, the IRS's motion will be treated as unopposed.
Federal Rule of Civil Procedure 6(e) gives a party who is served with a motion by mail or fax an additional three days to respond.
Therefore, the IRS's Motion to Reopen Case is GRANTED. The initial pretrial and scheduling conference in this case will be held before the Honorable Nancy K. Johnson on July 25, 2002 as per the Court's order of April 5, 2002. The parties shall have fifteen days from the date of entry of this order to file their disclosures of interested parties and answer the petition in interpleader.