ORDER denying 18 Motion to Stay; taking under advisement 25 Motion to Amend/Correct; and granting 26 Motion for Extension of Time to File Response, the plaintiff has up through 3/11/10. Signed by Honorable Jimm Larry Hendren on February 18, 2010. (lw)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DALE B. ADAMS PLAINTIFF
Civil No. 09-3054
TYSON FOODS, INC., et al. ORDER
NOW on this 18th day of February 2010, the above referenced matter comes on for consideration of the following motions: * plaintiff's Motion to Stay Proceedings of Amended
Petition (document #18 -- "Motion #18"); * plaintiff's Motion for Extension to Amend Complaint
(document #25 -- "Motion #25"); and, * plaintiff's Motion for Time Extension (document #26 --
"Motion #26"). The Court, being well and sufficiently advised, finds and orders as follows: 1. The Court first notes that Magistrate Judge James R.
Marschewski filed a Report and Recommendation (document #10 -"R&R") in this matter on January 6, 2010, which R&R advised plaintiff that he had ten (10) days from the date thereof in which to file any objections he might have to the same. 2. On January 14, 2010, plaintiff requested an extension of
time within which to respond to the R&R (see document #13).
By Order of January 20, 2010 (document #14), the Court
granted plaintiff's request for an extension - and extended the time within which plaintiff may file objections to R&R to February 25, 2010. 4. On January 27, 2010, the plaintiff filed Motion #18 in
which he seeks to stay these proceedings while he awaited receipt of a "right to sue" letter from the EEOC. 5. which On February 12, 2010, plaintiff filed Motion #25 in that, although he has recently received an
additional "right to sue" letter from the EEOC, he nevertheless needs -- due to "personal matters" -- additional time within which to present his claims. 6. On February 16, 2010, plaintiff filed Motion #26 in
which he seeks additional time beyond February 25, 2010, to reply to the R&R. 7. Motion #18 appears to be moot as it seems that
plaintiff now has received the "right to sue" letter mentioned therein. Accordingly, it will be denied. 8. As to Motion #25, the Court notes that Rule 15 of the
Federal Rules of Civil Procedure governs the time frame within which a party may amend his or her pleadings. The Court sees no
reason to address this request until such time as it has ruled on the R&R. Accordingly, Motion #25 will be taken under advisement
until such time as the Court has ruled on any objections to the R&R and has considered and acted thereon. 9. As to Motion #26 (requesting an extension of time to
respond to the R&R beyond February 25, 2010), the Court will grant it for an extension up through Thursday, March 11, 2010. That
said, however, plaintiff is warned that it is quite unlikely the Court will allow any more extensions of this time period. IT IS, THEREFORE, ORDERED: * that the Motion to Stay Proceedings of Amended Petition
(document #18) should be, and hereby is, denied; * that the Motion for Time Extension to Amend Complaint
(document #25) should be, and hereby is, taken under advisement pending a ruling on the R&R; and * that the Motion for Time Extension (document #26) should
be, and hereby is, granted to the extent that the time within which plaintiff may respond to the R&R is extended up through Thursday, March 11, 2010. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE
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