FLOYD v. TIFFT, et al

Filing 89

ORDER re 88 MOTION for Extension of Time to File Response as to 85 MOTION to Dismiss/MOTION for Summary Judgment filed by CONTRELL LEO FLOYD is GRANTED. In all other respects, the motion is DENIED. (Internal deadline for referral to judge if response not filed earlier: 7/5/2011).). Signed by MAGISTRATE JUDGE GARY R JONES on 6/6/2011. (jws)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION CONTRELL LEO FLOYD, Plaintiff, v. CASE NO. 5:09-cv-71-RH-GRJ C M BROWN, et al, Defendants. _____________________________/ ORDER This case is before the Court on Doc. 88, a motion entitled “Plaintiff’s motion for enlargement of time to file memorandum of law in opposition to Defendants’ motion for summary judgment.” Plaintiff’s response to Defendants’ motion to dismiss, or in the alternative for summary judgment, was due to be filed on or before June 2, 2011. See Doc. 86 (summary judgment notice). To the extent that Plaintiff seeks an extension of time to respond to Defendants’ summary judgment motion, the Court finds that the motion should be granted. However, the body of the instant motion suggests that Plaintiff is also seeking an extension of time to file a “dispositive motion.” The Court’s scheduling orders in this case required all dispositive motions to be filed by May 2, 2011. See Doc. 83. Plaintiff did not file a timely motion for an extension of the case management deadline for filing a dispositive motion. To the extent that Plaintiff seeks such an extension, the Court finds that the motion should be denied pending a ruling on Page 2 of 2 Defendants’ dispositive motion. Accordingly, it is ORDERED: 1. Plaintiff’s motion, Doc. 88, is GRANTED to the extent that Plaintiff’s seeks an extension of time to respond to Defendants’ motion to dismiss/summary judgment motion. Plaintiff shall file his response to Defendants’ motion on or before July 5, 2011. 2. In all other respects, the motion is DENIED. DONE AND ORDERED this 6th day of June 2011. s/Gary R. Jones GARY R. JONES United States Magistrate Judge Case No: 5:09-cv-00071-RH -GRJ

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