Arthur v. Thomas et al (DEATH PENALTY)

Filing 138

ORDER granting in part and denying in part the 135 Motion Regarding Discovery Deadline and Summary Judgment Briefing Schedule to the extent that it requests the discovery deadline in this case currently set to expire on 2/15/2013, be extended to 30 days after this Court decides the last of the outstanding discovery appeals and requests that the Court alter the summary judgment briefing schedule accordingly; DENIED to the extent that the motion seeks to open discovery beyond the two narro w discovery issues; further ORDERING that (1) The discovery deadline in this case shall be CONTINUED to 30 days after the Court resolves the last of the discovery appeals now pending before it; (2) the parties' motions for summary judgment shall be due two weeks after the close of fact discovery, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 2/15/13. (djy, )

IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
THOMAS D. ARTHUR,
Plaintiff,
v.
KIM THOMAS,
Commissioner, Alabama Department
of Corrections, et al.,
Defendants.

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CASE NO. 2:11-cv-438-MEF
(WO – Do Not Publish)

ORDER
Before the Court is Plaintiff’s Motion Regarding Discovery Deadline and Briefing
Schedule (Doc. #135) and Defendant’s Response in Opposition (Doc. #137). For good
cause shown, the Court finds that Plaintiff’s motion is due to be GRANTED IN PART and
DENIED IN PART. The motion is GRANTED to the extent that it requests the discovery
deadline in this case, currently set to expire on February 15, 2013, be extended to 30 days
after this Court decides the last of the outstanding discovery appeals and requests that the
Court alter the summary judgment briefing schedule accordingly. However, it is DENIED
to the extent that the motion seeks to open discovery beyond the two narrow discovery
issues previously set forth in this Court’s orders.
Accordingly, it is hereby ORDERED that:
(1) The discovery deadline in this case shall be CONTINUED to 30 days after the
Court resolves the last of the discovery appeals now pending before it;
(2) The parties’ motions for summary judgment shall be due two weeks after the

close of fact discovery. The parties shall then be given two weeks to file responses in
opposition to summary judgment. The parties may file replies up to one week after the
response deadline.
DONE this the 15th day of February, 2013.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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