Summary
granting extension to file response to motion for summary judgment to permit review of forthcoming discovery
Summary of this case from Carr v. PruittOpinion
Case No.: 1:07-CV-00066-JMR.
January 28, 2011
ORDER
Pending before the Court are several motions in which Plaintiff requests an extension of time to respond to Defendants' Motion for Summary Judgment under former Fed.R.Civ.P. 56(f), now amended Rule 56(d). Defendants filed their Motion for Summary Judgment on July 29, 2010 (Doc. 173). In the event Plaintiff could not present facts essential to justify an opposition to Defendants' Motion for Summary Judgment, the Court gave Plaintiff 20 days after being served with the Motion to request that the Court order a continuance to enable affidavits to be obtained, depositions to be taken, or other discovery to be undertaken pursuant to Fed.R.Civ.P. 56(f). (See Order dated August 4, 2010, Doc. 176.) On August 16, 2010 Plaintiff moved for an order directing Defendants to serve another copy of their Motion for Summary Judgment (Docs. 188, 179) and on August 20, 2010 Plaintiff moved for a stay of the summary judgment briefing deadlines until new and complete service of the Motion was made (Doc. 178). On August 18, 2010, Defendants filed a Declaration stating that a second set of Defendants' Motion for Summary Judgment and accompanying documents had been served on Plaintiff pursuant to his request. (See Declaration, Doc. 177.) Having been served with a new and complete copy of Defendants' Motion for Summary Judgment, on September 3, 2010 Plaintiff timely filed a motion for an 120-day extension of time to file his response pursuant to Rule 56(f)(2) (Doc. 180). As required by Rule 56(f), Plaintiff also provided an affidavit (Doc. 181) showing why without a continuance he could not present facts essential to justify an opposition to Defendants' Motion for Summary Judgment. Also on September 3, 2010, Plaintiff filed a motion for relief from the Court's Order dated March 30, 2010 (see Doc. 186). On September 13, 2010, Plaintiff filed a motion to compel (Doc. 187). On December 16, 2010, Plaintiff filed another motion for an extension of time to file a response to Defendants' Motion for Summary Judgment (Doc. 190).
Pursuant to the 2010 amendments to the Federal Rules, Rule 56(d) now contains the content of former Rule 56(f).
On August 27, 2010 Plaintiff filed a duplicate copy of his Motion for an Order Seeking New and Complete Service (see Doc. 179).
The Court will grant Plaintiff's motions for an extension of time to respond to Defendants' Motion for Summary Judgment, pursuant to Rule 56(d). In addition to the several months that have elapsed since Defendants filed their Motion, Plaintiff will be given additional time "to obtain affidavits or declarations or to take discovery" in order to adequately respond to Defendants' Motion for Summary Judgment. FED. R. CIV. P. 56(d)(2). In the several months since Defendants filed their Motion for Summary Judgment, it appears as though Plaintiff has already had the opportunity to obtain additional affidavits and declarations. In addition, scattered throughout Plaintiff's various motions for extensions of time, declarations, motion to compel, and motions for relief are references to previously-denied motions to compel and various requests for discovery. Plaintiff also states that he plans to file additional motions to compel. Due to the number of filings and requests in this case, and in order to help the Court and Defendants identify which evidence, if any, Plaintiff claims he is entitled to but was denied through previous requests for discovery or motions to compel, the Court will require Plaintiff to file one, all-inclusive motion to compel which concisely lists all the evidence which Plaintiff continues to believe is necessary to adequately oppose Defendants' Motion. Plaintiff is reminded that his motion must conform to the Local Rules and the Federal Rules of Civil Procedure in form, length, and content, and must not merely refer to previous motions or previously-denied motions to compel. Plaintiff has until March 2, 2011 to file this motion. Once Plaintiff has filed his motion, Defendants will have 20 days to file their response. Once the Court has ruled on the motion, a new deadline will be set for Plaintiff to respond to Defendants' Motion for Summary Judgment. If on the other hand, Plaintiff feels as though he has obtained enough facts to oppose Defendants' Motion for Summary Judgment, instead of filing a motion to compel, he shall file his response to Defendants' Motion by March 2, 2011.
Accordingly,
IT IS ORDERED that Plaintiff's motions for an extension of time to respond to Defendants' Motion for Summary Judgment (Docs. 180, 190) are granted to the extent that the Court will not require a response until after Plaintiff has been given the opportunity to obtain additional affidavits and declarations and all motions to compel have been ruled on by the Court.
IT IS FURTHER ORDERED that Plaintiff shall have up to and including March 2, 2011 to file one, all-inclusive motion to compel specifically identifying all the facts and evidence to which Plaintiff believes he is entitled in order to oppose Defendants' Motion and to which he has been denied access by Defendants in previous requests for discovery. Defendants shall have 20 days from the filing date of Plaintiff's motion to file their response. If Plaintiff feels as though he has obtained enough information to oppose Defendants' Motion, instead of filing a motion to compel, he shall file his response to Defendants' Motion by March 2, 2011. Defendants shall have 20 days from the filing date of Plaintiff's response to file their reply. IT IS FURTHER ORDERED that Plaintiff's motions seeking new and complete service of Defendants' Motion for Summary Judgment (Docs. 188, 179) and Plaintiff's motion for a stay of the summary judgment briefing deadlines (Doc. 178) are denied as moot.
IT IS FURTHER ORDERED that Plaintiff's motion seeking relief from the Court's Order dated March 30, 2010 (Doc. 186) is denied in light of this order.
DATED this 28th day of January, 2011.