McNeal v. Tate County School District

Filing 107

ORDER granting 102 Motion for Permission to file out of time Motion for Attorney's fees. Signed by District Judge Debra M. Brown on 1/19/17. (jtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DELTA DIVISION
KELLY MCNEAL, et al.

PLAINTIFFS

V.

NO. 2:70-CV-00029-DMB

TATE COUNTY SCHOOL
DISTRICT, et al.

DEFENDANTS

ORDER GRANTING EXTENSION
On December 7, 2016, this Court entered a Memorandum Opinion and Order which,
among other things, directed the Tate County School District to pay the plaintiffs’ attorney’s fees
and costs associated with bringing the plaintiffs’ “Motion for Further Relief Pursuant to
Desegregation Order, and to Compel Defendants to Reinstitute Sports and Extracurricular
Activities at Coldwater Attendance Center High School” and “Motion for Supplemental Relief
Pursuant to Desegregation Order, and to Compel Defendants to File Supplemental Reports
Report [sic] That Are in Compliance with the August 4, 1970 Desegregation Order.” The order
provided the plaintiffs fourteen days to submit notices “setting forth their costs and reasonable
attorney’s fees” associated with the various motions.
On December 30, 2016, the plaintiffs filed a motion to extend the deadline to submit their
notices. Doc. #102. The motion and accompanying memorandum, which do not specify a
period of extension, argue that an extension is required because the typist for plaintiffs’ counsel
recently passed away and the typist’s replacement was unable to perform the work required. Id;
Doc. #103. The District has not responded to the plaintiffs’ motion and the time within which it
could have done so has expired.
Pursuant to this Court’s local rules, “[i]f a party fails to respond to any motion, other than
a dispositive motion, within the time allotted, the court may grant the motion as unopposed.”

L.U. Civ. R. 7(b)(3)(E). Because the District has not responded to the plaintiffs’ motion for
extension, the motion [102] is GRANTED as unopposed. The plaintiffs’ may file their notices
of attorney’s fees and costs on or before January 26, 2017.
SO ORDERED, this 19th day of January, 2017.

/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE

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