Tomelleri v. Medl Mobile, Inc. et al

Filing 47

MEMORANDUM AND ORDER granting 41 Motion for Extension of Time to File Response/Reply. Plaintiff shall respond to Defendant Siniscalchi's Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 37 ) within twenty-one (21) days of this Court's order on Defendant MEDL Mobile, Inc's pending Renewed Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 36 ). Signed by District Judge Julie A. Robinson on 1/20/15. (mm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

JOSEPH R. TOMELLERI,
Plaintiff,
v.
MEDL MOBILE, INC., et al.,
Defendants.

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Case No. 2:14-CV-02113-JAR

MEMORANDUM AND ORDER
Before the Court is Plaintiff Joseph R. Tomelleri’s Motion for Extension of Time to File
Responsive Pleading (Doc. 41). Plaintiff asks for additional time to respond to pro se Defendant
Jason Siniscalchi’s motion to dismiss for lack of personal jurisdiction. Defendant Siniscalchi has
not responded to Plaintiff’s motion for extension within the fourteen-day time period allotted by
D. Kan. R. 6.1(d)(1).1 The Court, therefore, will consider the motion as an uncontested motion
under D. Kan. R. 7.4(b).2
Plaintiff requests that he be allowed to respond to Defendant Siniscalchi’s motion to
dismiss after the Court issues a ruling on Defendant MEDL Mobile, Inc’s pending Renewed
Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 36). In light of the unopposed nature
of Plaintiff’s motion, the Court finds that a stay is warranted and grants the motion for extension

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D. Kan. R. 6.1(d)(1) (“Responses to non-dispositive motions . . . must be filed and served within 14

days.”).
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See D. Kan. R. 7.4(b) (“If a responsive brief or memorandum is not filed within the Rule 6.1(d) time
requirements, the court will consider and decide the motion as an uncontested motion. Ordinarily, the court will
grant the motion without further notice.”).

of time. Plaintiff shall respond to Defendant Siniscalchi’s motion to dismiss for lack of personal
jurisdiction within twenty-one (21) days of this Court’s order on Defendant MEDL Mobile, Inc’s
pending Renewed Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 36).
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Extension of Time to File
Responsive Pleading (Doc. 41) is granted. Plaintiff shall respond to Defendant Siniscalchi’s
Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 37) within twenty-one (21) days of
this Court’s order on Defendant MEDL Mobile, Inc’s pending Renewed Motion to Dismiss for
Lack of Personal Jurisdiction (Doc. 36).
IT IS SO ORDERED.
Dated: January 20, 2015
S/ Julie A. Robinson
JULIE A. ROBINSON
UNITED STATES DISTRICT JUDGE

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