Butler v. Charter Communications, Inc. et al

Filing 89

ORDER requiring all future filings from plaintiff to be filed on or before 5:00 p.m. of the deadline date; extending the deadline to 10/14/2011 for Charter to file a reply to the response to the motion for summary judgment; directing Plaintiff's counsel to advise Charter's counsel re: where Erick Butler can be served with a deposition subpoena; extending the discovery deadline to 10/14/2011 for the sole purpose of allowing Defendant Charter to depose Erick Butler within the time allowed; holding in abeyance 86 MOTION to Strike 85 Affidavit of Erick Butler pending compliance with this order; and denying the 86 Motions to Strike in all other respects. Signed by Honorable Judge W. Harold Albritton, III on 9/29/2011. (br, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
DEMITRIA BUTLER,
Plaintiff,
v.
CHARTER COMMUNICATIONS, INC.,
PROTECTION ONE SYSTEMS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No.: 3:10cv828-WHA
(wo)

ORDER
This case is before the court on Defendant Charter’s Motions to Strike (Doc. #86), and
Plaintiff’s Response thereto (Doc. #88). By these motions, the Defendant seeks to have stricken
the Plaintiff’s Opposition to Charter’s Motion for Summary Judgment, Plaintiff’s Brief, and/or
the affidavit of Erick Butler.
This is the second time the court has been required to address an issue of timeliness of
filing on the part of Plaintiff’s counsel. A deadline is a deadline. Meeting a filing deadline is
made more problematic when counsel waits until the last minute to attempt to comply,
particularly in waiting until nearly midnight to do so.
The court will not strike the Response and Brief in this instance on the basis of not being
timely, and to that extent the Motions are due to be DENIED. However, Plaintiff is DIRECTED
to make all future filings in this case on or before 5:00 p.m. on the deadline date. Failure to do so
will result in the late filing to be stricken on motion of opposing parties.
As to the motion to strike the affidavit of Erick Butler, the court finds that the
circumstances of this case call for allowing a Charter reasonable opportunity to depose Mr.

Butler, if it chooses to do so, before filing its Reply. To that end, it is hereby ORDERED as
follows:
1. The deadline for Defendant Charter to Reply to Plaintiff’s Response is extended from
September 30, 2011 to October 14, 2011.
2. Promptly upon receipt of this Order, Plaintiff’s counsel shall advise counsel for
Charter of the location where Erick Butler can be served with a deposition subpoena and
cooperate with Defendant’s counsel in arranging for the taking of Mr. Butler’s deposition as soon
as possible, if Charter wishes to take his deposition.
3. The discovery deadline is extended to October 14, 2011 for the sole purpose of
allowing Defendant Charter to depose Erick Butler within the time allowed, if it chooses to do
so.
4. The motion to strike Erick Butler’s affidavit, contained within Doc. #86, is held in
abeyance pending compliance with this Order.
5. The Motions to Strike (Doc. #86) are DENIED in all other respects.

Done this 29th day of September, 2011.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

2