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
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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
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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.