Wuopio v. Brandon Board of Education et al

Filing 74

ORDER GRANTING 57 Emergency MOTION for Extension of Time to File Response as to 51 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56 filed by June Wuopio, ( Responses due by 4/21/2009, Replies due by 5/19/2009). ORDER DENYING 64 MOTION for Leave to File Response to Defendants' Emergency Motion fo Reconsideration Regarding Plaintiff's Motion for Extension of Time to File Response filed by June Wuopi o, DENYING 63 Emergency MOTION for Reconsideration re 60 Order on Motion for Extension of Time to File Response/Reply filed by Gina Muzzarelli, Kenneth Quisenberry, Brandon Board of Education, Beth Nuccio, Marian Horowitz, Tom Miller. Signed by District Judge Sean F Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JUNE WUOPIO, PLAINTIFF, v. BRANDON BOARD OF EDUCATION, ET AL., CASE NO. 08-11371 HONORABLE SEAN F. COX

DEFENDANTS. __________________________________________/ ORDER This matter is currently before the Court on "Plaintiff's Emergency Motion for Extension of Time to File Response" (Docket Entry No. 57) and two related motions. In Plaintiff's Motion for Extension, Plaintiff asserts that certain discovery has not been provided to her and that she cannot prepare her response to Defendants' pending Motion for Summary Judgment until after those materials have been provided. Magistrate Judge Pepe held a hearing on the underlying discovery motions on April 7, 2009. On April 8, 2009, Magistrate Judge Pepe issued an order resolving the motions ("the Order")(Docket Entry No. 72). The Order indicates that Plaintiff filed her Motion to Compel regarding two previous orders compelling production. It notes that Plaintiff concedes that she has received the documents ordered to be produced in the February order compelling production. With respect to the second order compelling production, the Order indicates that Defendants "recently completed the search of all computer Systems and stated that there were no responsive emails to produce." Thus, there is no outstanding discovery that would prevent Plaintiff from preparing and filing her response to Defendants' pending Motion for Summary Judgment. Accordingly, IT IS ORDERED that Plaintiff's Motion for Extension is GRANTED to

the extent that Plaintiff shall file her response to Defendant's pending Motion for Summary Judgment no later than April 21, 2009. Defendants shall file their reply brief no later than May 19, 2009. IT IS FURTHER ORDERED that the following motions are DENIED: 1) "Defendants' Emergency Motion for Reconsideration of this Honorable Court's March 18, 2009 Order Regarding Plaintiff's `Emergency' Motion for Extension of Time to File Response" (Docket Entry No. 63); and Plaintiff's "Request to File Response to Defendants' Emergency Motion for Reconsideration of this Honorable Court's March 18, 2009 Order Regarding Plaintiff's `Emergency' Motion for Extension of Time to File Response." (Docket Entry No. 64).

2)

IT IS SO ORDERED. s/Sean F. Cox Sean F. Cox United States District Judge Dated: April 9, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on April 9, 2009, by electronic and/or ordinary mail. s/Jennifer Hernandez Case Manager