Porter v. The City of Port Orange et al

Filing 83

ORDER -- Plaintiff is HEREBY ORDERED to file a responsive memorandum and any materials demonstrating the existence of genuine issues of material fact on or before Wednesday, July 26, 2017; otherwise the Court will consider the motion unopposed. If Plaintiff files a response, Sanchez may file a reply within fourteen days of receipt. The parties are advised that the Court will take the pending motion under advisement as of Wednesday, August 9, 2017. Signed by Judge Roy B. Dalton, Jr. on 7/14/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
HOWARD PORTER,
Plaintiff,
v.

Case No. 6:16-cv-1379-Orl-37DCI

NICOLE SANCHEZ,
Defendant.
_____________________________________
ORDER
This cause is before the Court on its own motion. On August 1, 2016, pro se Plaintiff
Howard Porter filed a three-count complaint against eleven defendants asserting claims
for defamation and intentional infliction of emotional distress. (See Doc. 1.) After
whittling down the parties in this action (see Docs. 58, 71), only Defendant Nicole Sanchez
(“Sanchez”) remains.
On June 5, 2017, Sanchez moved for summary judgment on the claims asserted
against her. (Doc. 82 (“MSJ”).) Pursuant to the Court’s Case Management and Scheduling
Order (“CMSO”), Plaintiff’s response was due on or before Monday, July 10, 2017. (See
Doc. 59, p. 9 (allotting thirty days to respond to summary judgment motions); see also Fed.
R. Civ. P. 6(a)(1)(C), (d) (extending deadlines that fall on a weekend or holiday to the next
business day and adding three additional days if a motion is served by mail).) To date,
Plaintiff has not responded.
The CMSO also states that the Court: (1) takes motions for summary judgment
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under advisement forty-five days from the date they are served, unless extended by
Court order; and (2) does not hold hearings on such motions as a matter of course.
(Doc. 59, pp. 9–10.) Due to Plaintiff’s pro se status, in an abundance of caution, the Court
will provide Plaintiff additional time to respond. If a response is filed, Sanchez will be
provided fourteen days from the date of filing to submit a reply. (Doc. 59, p. 9 (allotting
fourteen days for a moving party to file a reply to an MSJ).)
Accordingly, Plaintiff is HEREBY ORDERED to file a responsive memorandum
and any materials demonstrating the existence of genuine issues of material fact on or
before Wednesday, July 26, 2017; otherwise the Court will consider the motion
unopposed and, if appropriate, enter summary judgment against Plaintiff. See Fed. R.
Civ. P. 56(e). If Plaintiff files a response, Sanchez may file a reply within fourteen days of
receipt. The parties are advised that the Court will take the pending motion under
advisement as of Wednesday, August 9, 2017. 1
DONE AND ORDERED in Chambers in Orlando, Florida, on July 14, 2017.

See Milburn v. United States, 734 F.2d 762, 765 (11th Cir. 1984) (requiring that a
trial court notify the parties that a motion for summary judgment will be taken under
advisement as of a certain day); see also May v. Hetzel, 630 F. App’x 994, 998 (11th Cir. 2015)
(noting that Rule 56 still requires a court to give notice before issuing judgment).
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Copies to:
Counsel of Record

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