WALLACE v. TRI-COUNTY RENTALS & SALES INC et al

Filing 13

ORDER re 8 MOTION to Alter Scheduling Order by DONALD WALLACE is DENIED. Signed by MAGISTRATE JUDGE GARY R JONES on 1/6/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DONALD WALLACE,
Plaintiff,
v.

CASE NO. 1:11-cv-00207-MP-GRJ

GARY J MARQUIS,
TRI-COUNTY RENTALS & SALES INC,
Defendants.
_____________________________/
ORDER
This matter is before the Court on doc. 8, Motion to Alter Scheduling Order by
Donald Wallace. The plaintiff moves the Court to enter judgment as to liability against
defendants and alter the scheduling order. The defendants have responded in
opposition.
Plaintiff offers no support for his request for an enforceable judgment against
defendants for violation of the Fair Labor Standards Act other than his assertion that the
“[d]efendants have failed, refused and/or neglected to file either an answer or
responsive pleading.” This issue has been addressed in a separate order, which
clarifies the fact that the scheduling order stayed the filing of a responsive pleading
pending the outcome of the settlement conference. As to the scheduling order, the
Court is not persuaded that plaintiff’s proposed alterations facilitate the just, speedy,
and inexpensive resolution to this case.
Accordingly, it is now ORDERED as follows:

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1.

Plaintiff’s motion to alter scheduling order, doc. 8, is DENIED.

DONE AND ORDERED this 6th day of January, 2012.

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GARY R. JONES
United States Magistrate Judge

Case No: 1:96-cr-00020-MP-AK-4