Thompson v. Murray et al

Filing 22

ORDER finding as moot 14 Motion to Compel; granting 20 Motion to Continue and continuing the trial date and all other ddls. The Court will issue a new scheduling order shortly. Signed by Judge Billy Roy Wilson on 10/2/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ROBIN THOMPSON, as Personal Representative of the ESTATE OF JERMELL THOMPSON, deceased VS. PLAINTIFF 4:11-CV-00804-BRW JAMES “CLINT” MURRAY, et al. DEFENDANTS ORDER Pending is Defendants’ Motion to Compel (Doc. No. 14), and Motion to Continue Trial and All other Deadlines (Doc. No. 20). For the reasons explained below, Defendants’ Motion to Compel (Doc. No. 14) is DENIED as MOOT, and Defendants’ Motion to Continue (Doc. No. 20) is GRANTED. On September 7, 2012, Defendants filed a Motion to Compel.1 On September 21, 2012, Plaintiff requested an extension to reply to Defendants’ Motion.2 I granted Plaintiff’s request and ordered him to file a response to the Motion to Compel by September 28, 2012.3 Plaintiff, in compliance with my earlier order, filed a Response to Defendant’s Motion to Compel.4 In his Response, Plaintiff states that he has provided Defendants’ with the requested releases and disclosures, and supplemented the discovery answers. It also states that any remaining information will be provided by 5:00 p.m. on Friday, September 28, 2012. Accordingly, Defendants’ Motion to Compel is DENIED as MOOT. 1 Doc. No. 14. 2 Doc. No. 16. 3 Doc. No. 17. 4 Doc. No. 19. 1 Now, Defendants’ request that I continuance the trial date and all other deadlines due to the Plaintiff’s delayed response, the number of witnesses involved, and the factual complexity of the allegations.5 Defendants also state that due to the delays, it is highly unlikely that they will be able to complete discovery by the applicable deadlines. Based on Defendants’ assertions, I find that their request is merited. Accordingly, Defendants’ Motion is GRANTED. The Court will issue a new scheduling order shortly. IT IS SO ORDERED this 2nd day of October, 2012. /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE 5 Doc. No. 20. 2

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