Means v. Paul's Body & Paint Shop, Inc. et al

Filing 41

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, )

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 § 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