Nelson v. Christian County Jail et al

Filing 19

MEMORANDUM OPINION & ORDER denying 13 Motion to Dismiss; granting 15 Motion for Extension of Time to the Scheduling Order; Discovery due by 6/17/2011. Plaintiff's Pre-trial Memorandum due by 7/15/2011. Defendants' Pre-trial Memorandum due by 8/15/2011. Signed by Chief Judge Thomas B. Russell on 3/8/2011. cc:counsel (KJA)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION CIVIL ACTION NO. 5:10-CV-P182-R JAMES TROY NELSON v. CHRISTIAN COUNTY JAIL et al. MEMORANDUM OPINION AND ORDER Defendants filed a motion to dismiss on the grounds that Plaintiff did not keep his address up to date with this Court (DN 13). Defendants also requested an extension of time to complete discovery due to the fact that Defendants were unaware of Plaintiff's location (DN 15). Plaintiff responded to the motion to dismiss with an updated address within the time limit for a response. Accordingly, the motion to dismiss (DN 13) is DENIED as MOOT. Because Defendants were unable to locate Plaintiff, a brief extension to the scheduling order is also warranted. Accordingly, the motion for an extension of time (DN 15) is GRANTED. Discovery shall be completed by June 17, 2011. Plaintiff shall file a pretrial memorandum setting forth in detail all facts upon which he bases his claim by July 15, 2011. Defendants shall file a pretrial memorandum or dispositive motions by August 15, 2011. IT IS SO ORDERED DEFENDANTS PLAINTIFF

March 8, 2011