Sydner v. Burns et al

Filing 47

ORDER denying 43 Motion to Compel. Signed by Magistrate Judge Clifford J. Proud on 11/2/10. (amv)

-CJP Sydner v. Burns et al

Doc. 47

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS EARL E. SYDNER, JR. , Plaintiff, v. DEPUTY MARKS, DEPUTY SERGEANT VAUGHN, and JOHN DOES 2, 3, 4, 5 & 6, Defendants. ) ) ) ) ) ) ) ) ) ) )

Civil No. 08-737-MJR-CJP

ORDER PROUD, Magistrate Judge: Before the Court is plaintiff's Motion to Compel Defendants' Responses to Plaintiff's First Supplemental Request for Production of Documents. (Doc. 43). Defendants responded to the motion at Doc. 44. The Court construes defendants' response as a request to extend the time for filing objections to the First Supplemental Requests. The Court finds that defendants' failure to timely object to the First Supplemental Requests was the result of excusable neglect, pursuant to Fed.R.Civ.P. 6(b)(1)(B). The time to object to plaintiff's First Supplemental Request for Production of Documents is extended to September 17, 2010, the date on which defendants filed their response to the motion and the attached objections. The Court deems the objections attached to Doc. 44 to be timely. Accordingly, plaintiff's Motion to Compel Defendants' Responses to Plaintiff's First Supplemental Request for Production of Documents (Doc. 43) is DENIED. IT IS SO ORDERED. DATE: November 2, 2010. s/ Clifford J. Proud CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE

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