Brown v. Ameriprise Financial Services, Inc.

Filing 64

ORDER denying 58 Motion to Modify the Scheduling Order to Extend the Dispositive Motion Deadline. (Written Opinion). Signed by Judge Richard H. Kyle on 06/13/11. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Rosalind Brown, on behalf of herself and
all others similarly situated,
Plaintiffs,
Civ. No. 09-2413 (RHK/FLN)
ORDER
v.
Ameriprise Financial Services, Inc., f/k/a
American Express Financial Advisors, Inc.,
Defendant.
This matter is before the Court on Defendant’s Motion to Modify the Scheduling
Order to Extend the Dispositive Motion Deadline (Doc. No. 58). In that Motion,
Defendant points out that it currently has pending before Magistrate Judge Noel a Motion
for Sanctions (Doc. No. 48), which seeks the dismissal of Plaintiff’s Complaint under
Federal Rule of Civil Procedure 11. It argues that requiring it to brief summary judgment
while the sanctions Motion is pending could result in “needless expense and abuse of
judicial time and resources.” (Def. Mem. at 1.)
The Court appreciates Defendant’s concern. Nevertheless, given the age of this
case – which has been pending nearly two years – the Court does not believe that further
delay is appropriate. Rather, in the Court’s view it would be better for the parties to brief
summary judgment while the sanctions Motion is pending before Judge Noel. The Court
can then await Judge Noel’s recommendation before disposing of Defendant’s yet-to-befiled summary-judgment Motion, if necessary.

Based on the foregoing, and all the files, records, and proceedings herein, IT IS
ORDERED that Defendant’s Motion to Modify the Scheduling Order to Extend the
Dispositive Motion Deadline (Doc. No. 58) is DENIED.

Date: June 13 2011

s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

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