Estate of Arthur Lee Coleman, Jr. et al v. Scott et al

Filing 131

ORDER denying as moot 126 The Defendant, City of Fort Myers, Fort Myers Police Department, Robert Kerbs and Timothy McCormack's Unopposed Motion for Extension of Time; denying as moot 128 The Defendant, City of Fort Myers, Fort Myers Police Department, Robert Kerbs and Timothy McCormack's Unopposed Motion for Extension of Time. The Defendants have up to and including September 9, 2011, to file a Response to the Third Amended Complaint. Signed by Magistrate Judge Sheri Polster Chappell on 8/29/2011. (LMH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ESTATE OF ARTHUR LEE COLEMAN, JR.,
Plaintiffs,
-vs-

Case No. 2:10-cv-105-FtM-36SPC

MICHAEL SCOTT, Sheriff of Lee County;
TIMOTHY GALLOWAY, individually and as a
deputy; ROBERT KREBS, individually and as law
enforcement officer; TIMOTHY McCORMACK,
individually and as law enforcement officer; LEE
COUNTY SHERIFF'S OFFICE; CITY OF FORT
MYERS; SCOTT LEY, individually and as a U.S.
Marshal; U.S. MARSHAL'S OFFICE, a Federal
Agency; U.S. MARSHAL'S FUGITIVE TASK
FORCE; UNKNOWN LAW ENFORCEMENT
OFFICERS;
Defendants.
______________________________________

ORDER
This matter comes before the Court on the Defendant, City of Fort Myers, Fort Myers Police
Department, Robert Kerbs and Timothy McCormack’s Unopposed Motion for Extension of Time
(Doc. #126) filed on August 22, 2011, and the Defendant, City of Fort Myers, Fort Myers Police
Department, Robert Kerbs and Timothy McCormack’s Unopposed Motion for Extension of Time
(Doc. #128) filed on August 22, 2011. It appears that (Doc. # 126) is the same filing as (Doc. #
128). Therefore, (Doc. # 126) is due to be denied as moot.
The Defendants response was due on August 22, 2011, however, counsel was out of the
office from August 12, 2011, through August 22, 2011, and has not had the opportunity to review
the Third Amended Complaint, which was not served upon the Defendants until August 11, 2011.

Pursuant to M.D. Fla. Local Rule 3.01(g), Counsel conferred with the Plaintiff who does not oppose
the extension of time. As such, the Court finds good cause to grant the extension of time.
Accordingly, it is now
ORDERED:
(1) The Defendant, City of Fort Myers, Fort Myers Police Department, Robert Kerbs and
Timothy McCormack’s Unopposed Motion for Extension of Time (Doc. #126) is DENIED as
moot.
(2) The Defendant, City of Fort Myers, Fort Myers Police Department, Robert Kerbs and
Timothy McCormack’s Unopposed Motion for Extension of Time (Doc. #128) is GRANTED.
(3) The Defendants have up to and including September 9, 2011, to file a Response to the
Third Amended Complaint.
DONE AND ORDERED at Fort Myers, Florida, this

Copies: All Parties of Record

-2-

28th

day of August, 2011.