McKay v. Caruso et al

Filing 96

ORDER (1) Denying as Moot 62 Defendants' Motion to Adjourn Expert Scheduling Order Deadlines Pursuant to Fed. Civ. P. 16(b)(4), and Denying as Moot 63 Defendant Dr. Kilaru's Motion to Strike 61 Plaintiff's Sur-Reply. Signed by District Judge Paul D. Borman. (JOwe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTOPHER MCKAY, Plaintiff, v. Case No. 10-cv-11801 Paul D. Borman United States District Judge DR. (RAMESH) KILARU, et al., Mark A. Randon United States Magistrate Judge Defendants. _______________________________/ ORDER (1) DENYING AS MOOT DEFENDANTS’ MOTION TO ADJOURN EXPERT REPORT SCHEDULING ORDER DEADLINES PURSUANT TO FED. R. CIV. P. 16(b)(4) (Dkt. No. 62), and (2) DENYING AS MOOT DEFENDANT DR. KILARU’S MOTION TO STRIKE PLAINTIFF’S SUR-REPLY (Dkt. No. 63) On March 30, 2012, the Court entered an Opinion and Order (1) Adopting the Magistrate Judge’s Report and Recommendation, (2) Granting Defendants’ Motions for Summary Judgment, (3) Denying as Moot Defendant’s Motion to Dismiss, and (4) Dismissing Without Prejudice Unserved John and Jane Doe Defendants. Accordingly, because the Court has granted Defendants’ dispositive motions and dismissed all of Plaintiff’s claims against them, Defendants’ Motion to Adjourn Expert Report Scheduling Order Deadlines, filed on July 6, 2011, is now moot. Defendant Dr. Kilaru’s Motion to Strike Plaintiff’s Sur-Reply, filed on July 7, 2011, is likewise moot. For the reasons stated above, the Court will: (1) DENY AS MOOT Defendants’ Motion to Adjourn Expert Report Scheduling Order Deadlines, and 1 (2) DENY AS MOOT Defendant Dr. Kilaru’s Motion to Strike Plaintiff’s Sur-Reply. SO ORDERED. Dated: March 30, 2012 S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE I hereby certify that a copy of the foregoing document was mailed to Christopher McKay, 214086, Central Michigan Correctional Facility, 320 N. Hubbard, St. Louis, MI 48880 and the attorneys of record on this date, March 30, 2012, by electronic and/or ordinary mail. S/Julie Owens Case Manager 2

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