Sahlein et al v. Red Oak Capital, Inc. et al
ORDER denying 75 Motion to Stay. Signed by Magistrate Judge Jane M. Virden on 12/16/2014. (lec)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
HUGO SAHLEIN, ET AL.
CIVIL ACTION NO.: 3:13-cv-67-DMB-JMV
RED OAK CAPITAL, INC., ET AL.
This matter is before the court on the Caliber Defendants’ Motion to Stay the Dispositive
Motions Deadline . Specifically, the motion asks the court to stay the dispositive motions
deadline until ten days after a ruling on the Defendants’ pending Motion to Dismiss .
Motions in the above styled matter are currently due on December 16, 2014, and it is
currently set for trial on April 27, 2015 . The Defendants are reminded, as they were
informed at the case management conference, it is necessary for the court to have adequate time
prior to trial to consider dispositive motions. Accordingly, the Undersigned Magistrate Judge
may not extend a dispositive or Daubert motions deadline within four months of the assigned
trial date.1 Further, the undersigned can neither know what ruling the District Judge will make
on the Motion to Dismiss nor anticipate when such ruling will be issued. Consequently, the
parties must request and obtain a continuance of the assigned trial date before any further
extension of the motions’ deadline can be considered.
IT IS, THEREFORE, ORDERED that the Caliber Defendants’ Motion to Stay the
Dispositive Motions Deadline is hereby DENIED.
Furthermore, going forward, District Judge Debra Brown will not allow dispositive motions to be filed within five months of the assigned trial
date absent an order issued by her continuing the trial date or otherwise allowing the delayed filing of such dispositive motion.
SO ORDERED this 16th day of December, 2014.
/s/Jane M. Virden
UNITED STATES MAGISTRATE JUDGE
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