Pruden v. Kieffer Brothers Construction Company, Inc. et al

Filing 48

ORDER, GRANTING 46 MOTION to Continue (Unopposed) Trial Date and Amend Scheduling Order or in the Alternative to Amend Scheduling Order filed by Randy Pruden. The Final Pretrial Conference is hereby RESET to 4/5/2013 at 01:30 PM; Jury Trial RESET to 4/22/2013 at 09:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. On or before May 18, 2012, the parties shall move to amend the pretrial scheduling order and shall submit to Magistrate Judge Williams a proposed amended scheduled premised upon the 4/22/2013 trial setting. IT IS SO ORDERED. Signed by Judge Michael J. Reagan on 5/11/2012. (mmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RANDY PRUDEN,

)
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Plaintiff,
)
)
vs.
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KIEFFER BROTHERS CONSTRUCTION )
CO., INC., and NORFOLK SOUTHERN
)
RAILWAY CO.,
)
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Defendants;
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And
)
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NORFOLK SOUTHERN RAILWAY CO., )
)
Third Party Plaintiff,
)
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vs.
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IRVING MATERIALS, INC.,
)
)
Third Party Defendant.
)

Case No. 11-cv-1038-MJR-SCW

ORDER
REAGAN, District Judge:
Before the Court is Plaintiff’s unopposed motion to continue the trial setting and
to amend the scheduling order accordingly, or in the alternative to amend the scheduling order to
extend the dispositive motion deadline (Doc. 46). Plaintiff filed this motion after Magistrate
Judge Williams, constrained by Local Rule 7.1(f), denied Plaintiff’s motion to extend the
dispositive motion deadline to a date less than the prescribed 100 days before the first day of the
trial month. Trial is currently set to commence January 28, 2013, and the dispositive motion
deadline is September 17, 2012. Plaintiff is essentially seeking a one month continuance of all
pretrial deadlines and the trial setting.
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After reviewing the case file and discussing the progress of the case with
Magistrate Judge Williams, it is apparent that a brief continuance is warranted, which the Court’s
trial calendar can accommodate in this particular instance. However, the parties are reminded
that the Court assigns specific, firm trial dates, so further extensions are unlikely.
IT IS THEREFORE ORDERED, for the reasons stated, that Plaintiff’s Motion
to Continue (Doc. 46) is GRANTED in all respects.
IT IS FURTHER ORDERED that the January 11, 2013, final pretrial
conference, and the January 28, 2013, trial setting are CANCELLED; the final pretrial
conference is RESET to April 5, 2013, at 1:30 p.m.; and trial is RESET to commence on April
22, 2013, at 9:00 a.m.
IT IS FURTHER ORDERED that on or before May 18, 2012, the parties shall
file a motion to amended the pretrial scheduling order, and they shall submit to Magistrate Judge
Williams a proposed amended schedule premised upon the new trial date.
IT IS SO ORDERED.
DATED: May 11, 2012
s/ Michael J. Reagan
MICHAEL J. REAGAN
UNITED STATES DISTRICT JUDGE

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