Kron v. LeBlanc et al

Filing 89

ORDER AND REASONS denying as moot 87 MOTION for Extension of Time to File Response/Reply. FURTHER ORDERED that 88 MOTION to Dismiss for Failure to State a Claim is set for 6/5/2013 09:30 AM. Any opposition to the motion from the plaintiff shall be submitted by May 30, 2013. Signed by Judge Helen G. Berrigan on 04/23/2013.(kac, ) .

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JASON JOSEPH KRON

CIVIL ACTION

VERSUS

NO. 11-2263

JAMES LEBLANC ET AL.

SECTION “C” (2)
ORDER AND REASONS

Before the Court is plaintiff's "emergency motion requesting for this United States District Court
to grant plaintiff an extension of 21-30 days needed to file his opposition/motion to, and not to grant
defendants' motion of invocation of qualified immunity, affirmative defenses and answer to plaintiff's
complaint (Rec. Doc. 86)." Rec. Doc. 87. This motion from plaintiff is moot. The Court does not
contemplate a response to an answer and will not grant defendants any relief based on their answer.
Defendants' answer is not a motion. See Rule 7 of the Federal Rules of Civil Procedure.
The Court shall now proceed to the motion phase of the case. The dates for filing motions are
determined by the Scheduling Order. Rec. Doc. 82. Motions for summary judgment, as explained in Rule
56 of the Federal Rules of Civil Procedure, motions to dismiss, and motions in limine regarding the
admissibility of expert testimony, must be filed in time to permit hearing no later than October 23, 2013.
To be on time, these motions must be filed no later than October 8, 2013. Discovery, which has begun now,
and is governed by Rule 26 of the Federal Rules of Civil Procedure, shall be completed by October 22,
2013. Rec. Doc. 82.
Defendants have filed a motion to dismiss for failure to state a cause of action. Rec. Doc. 88.
Plaintiff shall be granted additional time to respond to this motion considering the conditions he described
in Rec. Doc. 86. He shall be given an additional 30 days to respond. Opposition shall be submitted by May
30, 2013. See Local Rule 7.5. The motion shall be heard on June 5, 2013.
Accordingly,

IT IS ORDERED that plaintiff's motion for extension of time to oppose defendants' motion of
invocation of qualified immunity, affirmative defenses and answer to plaintiff's is DENIED as MOOT. Rec.
Doc. 87.
IT IS FURTHER ORDERED that defendants' motion to dismiss for failure to state a cause of action
is set for hearing on June 5, 2013. Any opposition to the motion from the plaintiff shall be submitted by
May 30, 2013. Rec. Doc. 88.
New Orleans, Louisiana this 23rd day of April, 2013.

___________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT COURT

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