Whitney Information, et al v. Xcentric Ventures, et al

Filing 149

ORDER denying as moot 119 Motion for Extension of Time to File Response/Reply. The Clerk of the Court is directed to TERMINATE Plaintiffs Supplement to Motion for Additional Discovery Time Pursuant to Rule 56(f), Federal Rules of Civil Procedure to Respond to Defendants Motion for Summary Judgment (Doc. No. 139), as it was incorrectly filed as a motion. Signed by Judge Marcia Morales Howard on 10/5/2007. (laf, )

Whitney Information, et al v. Xcentric Ventures, et al

Doc. 149

Case 2:04-cv-00047-MMH-SPC

Document 149

Filed 10/05/2007

Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION WHITNEY INFORMATION NETWORK, INC., a Colorado corporation, Plaintiff, -vsXCENTRIC VENTURES, LLC, an Arizona limited liability company; BADBUSINESSBUREAU.ORG, an Arizona limited liability company and ED MAGEDSON, an individual, Defendants. ______________________________________ ORDER This matter is before the Court on Plaintiff's Motion for Additional Discovery Time Pursuant to Rule 56(f), Federal Rules of Civil Procedure to Respond to Defendant's Motion for Summary Judgment and Incorporated Memorandum of Law (Doc. No. 119; Motion) filed on June 26, 2007, as well as Plaintiff's Supplement to Motion for Additional Discovery Time Pursuant to Rule 56(f), Federal Rules of Civil Procedure to Respond to Defendants' Motion for Summary Judgment1 (Doc. No. 139; Supplement) filed on August 22, 2007. On September 10, 2007, Plaintiff filed its response to Defendants' motion for summary judgment. See Response to Defendants' Motion for Summary Judgment and, Alternatively, Case No. 2:04-cv-47-FtM-34SPC

The Court notes that counsel for Plaintiff incorrectly filed this Supplement as a "motion" to supplement its previously filed Motion. As this document is actually a supplement to the prior Motion and not a separate motion seeking relief from the Court, the Clerk of the Court will be directed to terminate it.

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Case 2:04-cv-00047-MMH-SPC

Document 149

Filed 10/05/2007

Page 2 of 2

Motion for Reconsideration Re: Motion to Dismiss Plaintiff's First Amended Complaint for Lack of Personal Jurisdiction and Motion for Sanctions and Incorporated Memorandum of Law (Doc. No. 141). Accordingly, it is ORDERED: 1. Plaintiff's Response to Defendants' Motion for Summary Judgment and,

Alternatively, Motion for Reconsideration Re: Motion to Dismiss Plaintiff's First Amended Complaint for Lack of Personal Jurisdiction and Motion for Sanctions and Incorporated Memorandum of Law (Doc. No. 141) is deemed timely filed. 2. Plaintiff's Motion for Additional Discovery Time Pursuant to Rule 56(f), Federal

Rules of Civil Procedure to Respond to Defendant's Motion for Summary Judgment and Incorporated Memorandum of Law (Doc. No. 119) is DENIED as MOOT. 3. The Clerk of the Court is directed to TERMINATE Plaintiff's Supplement to

Motion for Additional Discovery Time Pursuant to Rule 56(f), Federal Rules of Civil Procedure to Respond to Defendants' Motion for Summary Judgment (Doc. No. 139), as it was incorrectly filed as a motion. DONE AND ORDERED at Fort Myers, Florida, this 5th day of October, 2007.

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