Bourgeois v. USA
Filing
15
MEMORANDUM RULING & ORDER denying as untimely 9 Motion for Summary Judgment. All issues addressed therein will be resolved at trial on the merits (currently set for November 30, 2009). Signed by Judge Rebecca F Doherty on 11/09/09. (crt,Yocum, M)
RECEIVED
NOV
-
92009
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA
TONY Ft MOORE, CLERK WESTERN DISTRICT OF LOUISIANA LAFAYETTE, LOUISIANA
LAFAYETTE DIVISION CIVIL ACTION NO. 08-870 JUDGE DOHERTY MAGISTRATE JUDGE METHVIN
CHARLES K. BOURGEOIS VERSUS UNITED STATES OF AMERICA
MEMORANDUM RULING & ORDER Currently pending before the Court is a motion for summary judgment, filed by defendant the United States of America, seeking dismissal of plaintiff's claim with prejudice. [Doc. 9-1] The Court required all dispositive motions in this matter to be filed no later than August 19, 2009. [Doc. 4] However, the pending motion was not filed until September 14, 2009. No extensions have been sought for the filing of dispositive motions.' FED. R. Civ. P. 16 gives this Court broad discretion over scheduling matters. See also FED. R. Civ. P. 56(c)(1). Accordingly, the motion for summary judgment is DENIED as untimely, and all issues addressed therein will be resolved at trial on the merits (currently set for November 30, 2009). THUS DONE AND SIGNED in Lafayette, Louisiana, this
_____
day of November, 2009.
R1~BE(J~F. DOHER. A UNIT D `While the Court notes plaintiff was granted n extension of the deadline for submission of expert reports, neither he nor the government sought an ext ns n for the submission of dispositive motions, nor is it likely same would have been granted. This Court rarely grants extensions for submission of dispositive motions, as such an extension typically does not allow the Court adequate time to rule on the motion prior to the pre-trial conference.
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