Millsaps et al v. Allstate Insurance Company et al

Filing 11

ORDER. Defendants shall respond to Motion to Remand 9 on or before May 11, 2017. If Plaintiffs want to file a reply, they may do so on or before May 18, 2017. Signed by District Judge Keith Starrett on 4/28/2017 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
WILLIE MILLSAPS, et al.
V.

PLAINTIFFS
CIVIL ACTION NO. 2:17-CV-50-KS-MTP

ALLSTATE INSURANCE COMPANY, et al.

DEFENDANTS

ORDER
On April 27, 2017, Plaintiffs filed a Motion to Remand [9]. Therein, Plaintiffs
request expedited consideration of the motion, representing that the state court had
scheduled a pretrial conference for May 15, 2017, and a trial for August 2, 2017.
Plaintiffs request that the Court require Defendants to respond to the Motion to
Remand [9] in ten days and permit Plaintiffs to reply five days after that.
This case was removed three weeks ago. Plaintiffs represented in briefing that
their pretrial and trial dates in state court had been set since January 25, 2017.
Therefore, when the case was removed, Plaintiffs knew of the looming pretrial and trial
dates, and they could have filed the Motion to Remand [9] immediately after the case
was removed. Instead, they waited three weeks to file the motion and demanded a
briefing schedule that would require the Court to consider the motion and draft an
opinion over a weekend. The Court further notes that it can address the motion after
a standard briefing schedule and leave plenty of time before the state court’s August
trial date, in the event the motion is granted. The Court denies Plaintiffs’ request for
expedited consideration.
Defendants shall respond to the Motion to Remand [9] on or before May 11,

2017. FED. R. CIV. P. 6(a), (d); L.U.Civ.R. 7(b)(4). If Plaintiffs want to file a reply, they
may do so on or before May 18, 2017. FED. R. CIV. P. 6(a), (d); L.U.Civ.R. 7(b)(4).
If any party wants an extension of time, they must file a motion prior to the
deadline’s expiration. L.U.Civ.R. 7(b)(4). Any party seeking an extension must advise
the Court whether it is opposed. L.U.Civ.R. 7(b)(10).
Plaintiffs’ original and reply memoranda shall not exceed a combined total of
thirty-five (35) pages, and Defendant’s response shall not exceed thirty-five (35) pages.
L.U.Civ.R. 7(b)(5). If anyone wants to file extra pages, they must seek leave to do so.
SO ORDERED AND ADJUDGED, on this, the

28th

day of April, 2017.

s/Keith Starrett
UNITED STATES DISTRICT JUDGE

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