Davis v. City of Marion

Filing 26

Order denying 21 MOTION for Reconsideration of Magistrate Judge Order Motion To Reconsider Order Granting Motion to Compel, Additionally, Motion to Request Additional Time To Respond filed by City of Marion, ( Defendant to answer and/or produce or state why it cannot answer a particular request by 5:00 3/20/2009. Motion deadline reset to 4/20/2009., Settlement Position due by 3/30/2009.). Signed by Magistrate Judge Bert W. Milling, Jr on 3/16/09. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION CYNTHIA Y. DAVIS, Plaintiff, vs. CITY OF MARION, Defendant. : : : : : : : : : ORDER After consideration of Defendant's Motion to Reconsider Order Granting Motion to Compel (Doc. 21) and Plaintiff's Response to Defendant's Motion to Reconsider (Doc. 23), Defendant's Motion is DENIED and Defendant is ORDERED to fully answer and/or produce (or to fully state why it cannot answer and/or produce as to a particular request) not later than 5:00 p.m., Eastern Standard Time, on March 20, 2009. Defendant did CIVIL ACTION 08-0436-KD-M not notify the Court nor Plaintiff in any way of the problems it states that it encountered prior to the filing of its Motion to Reconsider. Defendant's Motion to Request Additional Time to Respond (Doc. 21) is MOOT, since the date requested by Defendant, namely March 2, 2009, has passed. After consideration of Plaintiff's Motion for Sanctions (Doc. 18), Defendant's Response to Plaintiff's Motion for Sanctions (Doc. 20), and Plaintiff's Renewed Request for Sanctions (Doc. 23), the ruling on that Motion is DEFERRED until after the completion of discovery. In the interim, the Court does ORDER that the date for completion of discovery and by which the parties are to file a joint settlement statement is EXTENDED for both parties to March 30, 2009; the date for filing dispositive motions is EXTENDED to April 20, 2009. The discovery completion period is being extended as set out so that the depositions noticed for the week of March 23-27, 2009, may take place during the discovery period. DONE this 16th day of March, 2009. s/BERT W. MILLING, JR. UNITED STATES MAGISTRATE JUDGE

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