-SRW Means v. Paul's Body & Paint Shop, Inc. et al, No. 2:2010cv00851 - Document 41 (M.D. Ala. 2011)
Court Description: OPINION AND ORDER directing as follows: (1) Defendant Paul's Body & Paint Shop, Inc.'s 38 motion for leave to file summary-judgment motion out of time is denied; (2) Defendant Paul's Body & Paint Shop, Inc.'s 34 motion for summary judgment is denied as untimely; (3) Plaintiff Frederick Means's 36 and 37 motions to strike are denied as moot, as further set out. Signed by Honorable Judge Myron H. Thompson on 7/14/11. (scn, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION FREDERICK MEANS, Plaintiff, v. PAUL S BODY & PAINT SHOP, INC., and JAMES HOWARD, Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:10cv851-MHT (WO) OPINION AND ORDER Based on the representations made on-the-record on July 14, 2011, it is ORDERED as follows: (1) Defendant Paul s Body & Paint Shop, Inc. s motion for leave to file summary-judgment motion out of time (doc. no. 38) is denied. (2) Defendant Paul s Body & Paint Shop, Inc. s motion for summary judgment (doc. no. 34) is denied as untimely. (3) Plaintiff Frederick Means s motions to strike (doc. nos. 36 and 37) are denied as moot. *** Defendant Paul s Body & Paint Shop, Inc. s extension request, which comes a month after the dispositive-motion deadline, violates ยง 15(b) of the uniform scheduling order (doc. unavoidable movant, allowed, no. 21) ( Absent circumstances stated beyond oral extension requests and eleventh hour the and unforeseen control of the are not requests and motions extension and motions will be denied outright. ); an earlier extension request was denied (doc. no. 33), and there was no request for reconsideration; and, with the current pretrial and trial dates, plaintiff Frederick Means would be prejudiced by an extension. See McClaney v. Macon County Bd. of Educ., 2011 WL 9015 (M.D. Ala. Jan. 3, 2011) (Thompson, J.). DONE, this the 14th day of July, 2011. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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