Weingartz Supply Company et al v. Sebelius et al

Filing 77

ORDER DENYING 70 MOTION to Stay Briefing in Light of Lapse of Appropriations filed by Defendants; DENYING 71 Plaintiffs' Motion for Temporary Restraining Order and Extending Time to file Briefs as to 68 MOTION for Preliminary Injunction , Responses due by 10/7/2013, Replies due by 10/21/2013) Signed by District Judge Robert H. Cleland. (LWag)

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

LEGATUS, et al.,
Plaintiffs,
v.

Case No. 12-12061

KATHLEEN SEBELIUS, et al,
Defendants.
/
ORDER DENYING DEFENDANTS’ MOTION FOR A STAY OF BRIEFING
AND PLAINTIFF LEGATUS’ MOTION FOR TEMPORARY RESTRAINING ORDER
On October 3, 2013, the court ordered Defendants to submit a statement of
clarification regarding their motion for a stay of briefing. Defendants filed a statement of
clarification addressing the court’s questions. Having reviewed Defendants’ statement,
and being mindful of various unabated deadlines the government has imposed upon
Plaintiff, of which Plaintiff complains, the court is not persuaded that a stay of briefing is
necessary or wise.
Plaintiff Legatus responded to Defendants’ motion for a stay of briefing with a
combined brief opposing Defendants’ motion and moving for a temporary restraining
order (TRO). First, the court notes that its practice guidelines state that “[u]nder no
circumstances may a motion be included within or tacked onto a response or a reply.”
http:// www.mied.uscourts.gov/ Judges/ guidelines/ topic.cfm?topic_id=69 (last visited
Oct. 4, 2013) (the rendering of this URL contains spaces). In any event, because the
TRO was predicated on Defendants’ motion for a stay of briefing, which is denied, the
motion for TRO is denied. Accordingly,

IT IS ORDERED that Defendants motion for a stay of briefing, [Dkt. # 70], is
DENIED.
IT IS FURTHER ORDERED that Plaintiff Legatus’ motion for temporary
restraining order, [Dkt. # 71], is DENIED.
Finally, IT IS ORDERED that to compensate for the time required to resolve
these motions, Defendants are DIRECTED to file their response brief by October 7,
2013 and Plaintiff Legatus is DIRECTED to file its reply brief by October 21, 2013.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: October 4, 2013

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, October 4, 2013, by electronic and/or ordinary mail.

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

S:\Cleland\JUDGE'S DESK\C1 ORDERS\12-12061.LEGATUS.DenyingStay.rljr.wpd

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