Smith et al v. United States of America

Filing 13

ORDER denying as moot 9 Motion to Compel and Extending Scheduling Order Dates. Signed by District Judge Thomas L Ludington. (SGam)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION GLENN H. SMITH, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ______________________________________ / ORDER DENYING AS MOOT DEFENDANT'S MOTION TO COMPEL AND EXTENDING THE DISCOVERY CUT-OFF DATE On September 19, 2008, Defendant United States of America filed a motion to compel Plaintiff Glenn H. Smith to produce various discovery materials. Dkt. # 9. According to Plaintiff's response, he had either provided the requested material or would shortly do so. On October 16, 2008, the Court held a status conference to address the progress of discovery. At the status conference, the parties indicated that Plaintiff had provided all material addressed in Defendant's motion. Thus, the motion to compel is moot. The parties jointly requested that discovery be extended by a period of sixty days. The current scheduling indicates that discovery concluded on October 3, 2008. The parties indicate that an extension is warranted due to scheduling issues surrounding an independent medical examination. The Court concludes that the parties have demonstrated "good cause" to justify an extension. See Fed. R. Civ. P. 16(a)(4). It is ORDERED that the Defendant's motion to compel [Dkt. # 9] is DENIED as moot. Case Number 08-10100 Honorable Thomas L. Ludington It is further ORDERED that the scheduling order is AMENDED as follows: YOU WILL RECEIVE NO FURTHER NOTICE OF THESE DATES Discovery Cutoff: Motions Challenging Experts Filed By: Dispositive Motions Filed By: Motions in limine Filed By: Final Pretrial Order & Jury Instructions Due: Final Pretrial Conference: Trial Date: Non Jury Trial December 5, 2008 January 5, 2009 January 5, 2009 March 30, 2009 April 20, 2009 April 27, 2009 at 3:30 p.m. May 12, 2009 at 8:30 a.m. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: October 17, 2008 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on October 17, 2008. s/Tracy A. Jacobs TRACY A. JACOBS -2-

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