Owens et al v. Apple, Inc.

Filing 48

Minute Entry for Telephonic Status Conference held before Magistrate Judge Donald G. Wilkerson on 11/2/2010. Mark R. Niemeyer and James G. Onder appeared by phone on behalf of Plaintiffs; John W. Rogers and Andrew Muhlbach appeared by phone on behalf of Defendant. The parties informed the Court that the October 2010 private mediation was successful, but many details remain unresolved. The parties reported that they would be meeting a second time with the private mediator to work out the final details of settlement. A second Telephonic Status Conference is set for 12/6/2010 at 2:00 PM before Magistrate Judge Donald G. Wilkerson. At that conference the parties will report to the Court whether settlement has been finalized. Plaintiffs are directed to initiate the conference call by dialing the Court's teleconference number, [phone], after all parties are on the line. The parties are reminded that the schedule previously entered by the Court remains in effect. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.

Owens et al v. Apple, Inc.

Doc. 48

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS MICHAEL SCOTT PHLLIPS, ) ) Plaintiff, ) ) v. ) ) SPARTAN LIGHT METAL PRODUCTS, INC., ) ) Defendant. )

Case No.: 06-CV-00864-GPM-DGW

DEFENDANT'S MOTION FOR LEAVE TO FILE OVERLENGTH BRIEF Defendant Spartan Light Metal Products, Inc. ("Spartan") respectfully moves for leave to file an additional 24 pages in its memorandum in support of its motion for summary judgment. While defendant recognizes that overlength briefs are not favored, and does not take this motion lightly, defendant believes that, given the information set forth below, allowing defendant's motion is in the interest of justice and fairness, and will cause no prejudice to plaintiff. In support of its motion, Spartan states: 1. Plaintiff has filed a three-count First Amended Complaint alleging Spartan

violated the Americans with Disabilities Act, 42 U.S.C. §12101, et seq. ("ADA"), by: (1) failing to accommodate his alleged disability; (2) discriminating against him based on his alleged disability; and (3) retaliating against him for requesting an accommodation for his alleged disability. 2. Discovery has been protracted, with the parties taking a total of 11 lengthy

depositions, including those of three medical experts. 3. While the size of plaintiff's First Amended Complaint itself is not

inordinate, both the facts and the legal issues presented are complex. The undisputed facts

Dockets.Justia.com

presented, with citations, alone make up almost half of defendant's brief, including medical evidence. The legal issues presented are more numerous than the three counts pled as, in an illfated effort to support his claims, plaintiff has raised a number of individual arguments, each of which, while fatally flawed, must be addressed. 4. In order to fully brief the Court of the facts in this case and address all of

plaintiff's arguments, it is necessary to submit a brief beyond the 20 page limit. 5. Accordingly, Spartan respectfully requests an additional 24 pages for its

memorandum in support of its motion for summary judgment. WHEREFORE, defendant Spartan Light Metals, Inc. respectfully requests leave to file its memorandum in support of its motion for summary judgment beyond the 20 page limit. Respectfully submitted, s/ Heidi K. Durr Gregg M. Lemley, #6231521 Heidi K. Durr, #6272573 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Two CityPlace Drive Suite 200 St. Louis, Missouri 63141 Phone: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Defendant Spartan Light Metal Products, Inc.

2

CERTIFICATE OF SERVICE I hereby certify that on September 21, 2007, I electronically filed Defendant's Motion for Leave to File Overlength Brief with the Clerk of Court using the CM/ECF system which will send notification of such filings(s) to the following: Kristen L. Glasford and Shari R. Rhode. s/ Heidi K. Durr Heidi K. Durr, #6272573 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Two CityPlace Drive Suite 200 St. Louis, Missouri 63141 Phone: [phone] Fax: [phone] E-mail: [e-mail]

5187991.3 (OGLETREE)

3