Huskey v. Fisher et al

Filing 175

ORDER Setting Briefing Schedule. Signed by Magistrate Judge Jane M. Virden on 1/20/22. (cb)

Case: 1:17-cv-00140-JMV Doc #: 175 Filed: 01/20/22 1 of 1 PageID #: 686

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
MATTHEW HUSKEY

PLAINTIFF

v.

No. 1:17CV140-JMV

MARSHALL FISHER, ET AL.

DEFENDANTS

ORDER SETTING BRIEFING SCHEDULE
This matter comes before the court on remand from the Fifth Circuit Court of Appeals for
a determination of the timeliness of the plaintiff’s motion [140] under Fed. R. Civ. P. 59(e) to
alter or amend judgment, which could ultimately bear on the Fifth Circuit’s determination of the
timeliness of the plaintiff’s notice of appeal [151]. The parties have conducted discovery,
conferred, and held a telephone conference with the court to narrow the issues and discuss a
briefing schedule. During the conference, the parties agreed to the schedule below:
(1) The deadline for the plaintiff to submit his brief to the court is February 15, 2022;
(2) The deadline the defendants to respond to the plaintiff’s brief is 30 days from the
date the plaintiff’s brief is filed; and
(3) The deadline for the plaintiff to submit a reply brief is 14 days from the date the
defendants’ response brief is filed.
An evidentiary hearing may be set if the court deems one necessary.
SO ORDERED, this, the 20th day of January, 2022.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE