Warfield et al v. Stewart et al

Filing 254

ORDER: Defendants' Reconsideration Motions 249 and 250 are GRANTED. The Court vacates its June 1, 2009, Order denying Defendants' Summary Judgment Motions as untimely 244 . Signed by Judge Virginia M. Hernandez Covington on 6/9/2009. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KENNARD WARFIELD, JR., et al., Plaintiffs, v. JAMES A. STEWART, et al., Defendants. ________________________________/ ORDER Before the Court are Defendants' Motions for Case No. 2:07-cv-332-FtM-33SPC

Reconsideration or, in the Alternative, Motions for Extension of Time, both filed on June 3, 2009 (collectively, the "Reconsideration Motions," Doc. ## 249 and 250). On June 5,

2009, Plaintiffs filed their Response in Opposition to the Reconsideration Motions (Doc. # 263). For the reasons that

follow, the Court grants the Reconsideration Motions. On April 27, 2009, Defendants filed their Extension Motions, in which Defendants sought an extension of time, until and including May 25, 2009, to file dispositive motions (Doc. ## 218 and 220). On April 29, 2009, the Court granted

Defendants' Extension Motions, thereby setting May 25, 2009, as the deadline for filing dispositive motions (Doc. ## 222 and 223).

On May 26, 2009, Defendants filed their Summary Judgment Motions (Doc. ## 238, 239). On June 1, 2009, this Court

denied the Summary Judgment Motions as untimely (Doc. # 244). Defendants seek an order of reconsideration or, in the

alternative, further extension of the dispositive motions deadline because Memorial Day, a federal holiday observed on the last Monday of May, fell on May 25, 2009. Plaintiffs contend that "VIP/Hall knew or should have known that their requested enlarged deadline, May 25, 2009, was Memorial Day. . . . [B]y its plain language, Fed.R.Civ.P. 6(a), does not apply where a court has ordered that an act be done by a date certain. Rather, it applies only to situations wherein the parties are required to `compute any time

period.'" (Doc. # 253 at 3). This Court has considered the Reconsideration Motions as well as Plaintiffs' Response and, keeping with the time honored tradition of observing Memorial Day and other federal holidays enumerated in the Federal Rules of Civil Procedure, grants the Reconsideration Motions. The Court vacates its June 1, 2009, Order denying

Defendants' Summary Judgment Motions as untimely. (Doc. # 244). The Court will consider the Summary Judgment Motions on their merits. 2

Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) Defendants' Reconsideration Motions (Doc. ## 249 and 250) are GRANTED. (2) The Court vacates its June 1, 2009, Order denying

Defendants' Summary Judgment Motions as untimely (Doc. # 244). DONE and ORDERED in Ft. Myers, Florida, this 9th day of June, 2009.

Copies: All Counsel of Record

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