Lohr v. Zehner et al

Filing 96

ORDER denying 95 Motion to Continue and reset trial date, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 1/22/2014. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION RICHARD I. LOHR, II, as ) Administrator of the Estate ) of Charles David Fancher, ) Deceased, ) ) Plaintiff, ) ) v. ) ) JOSEPH EARL ZEHNER, III, ) et al., ) ) Defendants. ) CIVIL ACTION NO. 2:12cv533-MHT (WO) ORDER It is ORDERED that the motion to continue and reset trial date (Doc. No. 95) is denied. *** Not only did the movants wait until almost the eve of the defendants’ expert-report deadline to request an extension of that deadline, see uniform scheduling order, ¶ 15(b) (Doc. No. 19) (“Absent stated unforeseen and unavoidable circumstances beyond the control of the movant, ... ‘eleventh hour’ extension requests and motions will be denied outright.”), the court, by order entered on August 16, 2013 (Doc. No. 87), has already granted a comprehensive and substantial extension once before, continuing the pretrial and the trial for approximately 10 and 11 months, respectively, from date of that order and with various pretrial deadlines adjusted in light of the continuance. DONE, this the 22nd day of January, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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