Carey v. Baker Cook Wynn Homecare, LLC et al
ORDER striking 5 Stipulation for Extension of Time. Signed by Magistrate Judge F. Keith Ball on 8/24/17 (RBM)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
CASE NO. 3:17-cv-611-DPJ-FKB
BAKER COOK WYNN HOMECARE, LLC
d/b/a SENIOR HOME CARE and
ASHLEY MARTIN, individually
ORDER STRIKING STIPULATION FOR EXTENSION OF TIME
Before the Court is a Stipulation for Extension of Time, , entered by Plaintiff. The
stipulation purports to grant a 30-day extension of time to the Defendants to file their Answers. Id.
FED. R. CIV. P. 6(b) contains the permissible procedure for extending a deadline under the Federal
Rules of Civil Procedure. Under Rule 6(b)(1), only the Court may grant an extension. The
stipulation extending the time period for Defendants to file their Answers does not comport with
FED. R. CIV. P. 6 and is therefore stricken.
FED. R. CIV. P. 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days of
being served with the summons and complaint. Should Defendants require additional time beyond
that 21 days, Defendants are instructed to file a motion with the Court. If said motion is unopposed
by Plaintiffs, Defendants are advised to inform the Court of such, per L. U. CIV. R. 7(b)(10).
IT IS SO ORDERED, this the 24th day of August, 2017.
/s/ F. Keith Ball
UNITED STATES MAGISTRATE JUDGE
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