Dintelman v. USA

Filing 78

ORDER denying 70 USA's Motion to Strike Dintelman's motion for summary judgment. The United States is granted up to & including 14 days from the entry date of this Order in which to respond to 47 MOTION for Summary Judgment. Signed by Judge Susan Webber Wright on 7/21/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JEANE L. DINTELMAN Plaintiff VS. UNITED STATES OF AMERICA Defendant UNITED STATES OF AMERICA Counter Claimant VS. JEANE L. DINTELMAN and JIM L. DINTELMAN Counter Defendants * * * * * * * * * * * * * * * * * * * * * * * * ORDE R Before the Court is the United States' motion (docket entry #70) to strike the motion for summary judgment filed by Plaintiff/Counter Defendant Jeane L. Dintelman ("Dintelman") (docket entry #47), and Dintelman's response in opposition (docket entry #73). After careful consideration, the motion to strike will be denied, and the United States will be granted an extended period of time in which to respond to the motion for summary judgment. The trial in this case, which was previously continued, is scheduled to begin August 31, 2009, and Dintelman filed her motion for summary judgment on July 3, 2009. The United States

NO: 3:07CV00081 SWW

notes that Dintelman's supporting brief is lengthy, she has filed hundreds of exhibits in support of her motion, and the motions deadline expired on May 21, 2008. The United States asserts that it has insufficient time to respond and that the motion should be stricken as untimely. Alternatively, the United States asks for extra time to respond. Dintelman responds that she believed the deadline for dispositive motions was sixty days before trial, and she did not realize that the motions deadline was not automatically extended when the trial date was continued. The Court finds that the Dintelman's motion, though untimely, should be considered prior to trial. Accordingly, the United States' motion to strike (docket entry #70) is denied. The United States is granted up to and including 14 days from the entry date of this order in which to file a response. IT IS SO ORDERED THIS 21ST DAY OF JULY, 2009.

/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE