Fletcher v. Michigan Department of Corrections et al

Filing 43

ORDER striking 42 Defendant's Motion for Summary Judgment. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DANIEL FLETCHER, #359391,
Plaintiff,
Case No. 09-13904

v.
MICHAEL BOUCHARD,
Defendant.
/

ORDER STRIKING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Plaintiff commenced the above-captioned matter on October 2, 2009, by filing a
complaint with this court. The court issued a scheduling order on June 15, 2010. The
scheduling order set a deadline for “pretrial motions requiring extensive briefing and
consideration,” including motions for summary judgment under Federal Rule of Civil
Procedure 56, of December 15, 2010. (6/15/2010 Order.) No extension to this deadline
has been sought or granted. However, on April 13, 2011, Defendant Michael Bouchard
filed a motion for summary judgment. As this motion comes well after the deadline
previously set by the court and less than one month before the scheduled final pretrial
conference, the court will strike the motion as improvidently filed. Accordingly,
IT IS ORDERED that Defendant’s motion for summary judgment [Dkt. # 42] is
hereby STRICKEN from the docket of this court.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: April 18, 2011

I I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, April 18, 2011, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\09-13904.FLETCHER.SJ.Strike.nkt.wpd

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