Femminineo v. Slater et al

Filing 10

ORDER denying 9 Motion to Set Aside. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHARLENE FEMMININEO,
Plaintiff,
Case No. 13-11682
v.
Hon. John Corbett O’Meara
DANE SLATER, et al.,
Defendants.
___________________________/

ORDER DENYING PLAINTIFF’S MOTION FOR REHEARING
Before the court is Plaintiff’s motion for rehearing, filed July 11, 2013. Defendants filed
a motion to dismiss on May 7, 2013. The court scheduled oral argument for July 11, 2013.
Pursuant to L.R. 7.1(e), Plaintiff’s response was due within 21 days after service, or May 31,
2013. See Fed. R. Civ. P. 6. Plaintiff did not file a timely response. Having received no
response more than a month after it was due, the court ruled on the papers and cancelled the
hearing. The court granted Defendants’ motion to dismiss and entered judgment in favor of
Defendants on July 2, 2013.
On July 11, 2013, Plaintiff requests reconsideration, stating essentially that her counsel
was overwhelmed with other responsibilities that prevented the timely filing of a response. The
court notes that Plaintiff did not request an extension of time to file a response. Further,
Plaintiff’s counsel’s responsibilities in June and July do not serve to excuse the filing of a timely
response, which was due in May. See Affidavit. Plaintiff has not presented grounds to set aside
the judgment. See Fed. R. Civ. P. 60(b).

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for rehearing is
DENIED.
s/John Corbett O’Meara
United States District Judge
Date: August 8, 2013

I hereby certify that a copy of the foregoing document was served upon counsel of record
on this date, August 8, 2013, using the ECF system.

s/William Barkholz
Case Manager

-2-