Patterson v. NBC Universal Inc., No. 1:2011cv00068 - Document 16 (W.D. Ky. 2011)

Court Description: MEMORANDUM OPINION AND ORDER by Judge Thomas B. Russell on 11/16/2011 granting in part and denying in part 15 Motion for Extension of Time. It is DENIED to the extent that it requests an extension of time to complete discovery but is GRANTED with regard to the request for an extension of time as it pertains to attempting to find retained counsel. IT IS ORDERED that Plaintiff shall have 45 days from entry of this Order to file a response to Defendant's motion to dismiss (DN 13 ). Defendant may file a reply within 14 days of service of that response. cc: Plaintiff, pro se; Counsel (CDF)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT BOWLING GREEN MICHAEL JOSEPH PATTERSON v. PLAINTIFF CIVIL ACTION NO. 1:11-CV-P68-R NBC UNIVERSAL INC. DEFENDANT MEMORANDUM OPINION AND ORDER By prior Order of this Court, discovery was due to be completed on November 16, 2011. See DN 6. On October 6, 2011, Defendant filed a motion to dismiss this case pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff had until October 31, 2011, to file a response to that motion. On that date, Plaintiff filed a motion to extend the time to complete discovery, indicating that he needs additional time to complete discovery and to retain counsel (DN 15). He attaches a copy of a recent letter to an attorney in New York inquiring whether that attorney would be willing to represent him. One of the purposes of Rule 12(b)(6) is to save parties the expense of discovery on claims that lack merit. White v. Foster, No. C2-01-0083, 2002 WL 193848, at *3 (S.D. Ohio Jan. 16, 2002). Moreover, discovery cannot affect whether a complaint states a claim for purposes of Rule 12(b)(6). See Mitchell v. McNeil, 487 F.3d 374, 379 (6th Cir. 2007); cf. Neitzke v. Williams, 490 U.S. 319, 326 27 (1989) ( [Rule 12(b)(6)] streamlines litigation by dispensing with needless discovery and factfinding. ). IT IS THEREFORE ORDERED that Plaintiff s motion (DN 15) is DENIED IN PART and GRANTED IN PART. It is DENIED to the extent that it requests an extension of time to complete discovery but is GRANTED with regard to the request for an extension of time as it pertains to attempting to find retained counsel. Accordingly, IT IS ORDERED that Plaintiff shall have 45 days from the entry of this Order to file a response to Defendant s motion to dismiss. Defendant may file a reply within 14 days of service of that response. Date: November 16, 2011 cc: Plaintiff, pro se Counsel of record 4413.009 2

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