Collins v. Fisher et al

Filing 26

ORDER granting 21 Motion to Extend Time; granting 22 Motion to Extend Time; granting 23 Motion to Extend Time; granting 24 Motion to Extend Time. Signed by Honorable David C. Bramlette, III on 5/20/2010. (at)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION COURTNEY B. COLLINS VERSUS PLAINTIFF CIVIL ACTION NO: 5:08-cv-203-DCB-JMR

MARSHAL FISHER, AS DIRECTOR OF THE MISSISSIPPI BUREAU OF NARCOTICS, KYLE REYNOLDS, PHILLIP POPE AND WILLIE WATKINS, AS AGENTS/EMPLOYEES OF THE MISSISSIPPI BUREAU OF NARCOTICS ORDER

DEFENDANTS

This cause comes before the Court on the defendants' Motions to Extend the Motions Deadline [docket entry nos. 21, 22, 23, 24]. Therein, the defendants seek leave to file a summary judgment motion outside the time scheduled for the filing of dispositive motions. Having carefully considered said Motion, Response,

applicable statutory and case law, and being otherwise fully advised in the premises, the Court finds and orders as follows: The motion deadline in this case expired on January 15, 2010. Nevertheless, the issues presented before this Court by the

defendants are substantial questions of law which must be decided before the case may proceed to trial. Because the plaintiff has

requested a bench trial and in the interest of judicial economy, the Court finds that the plaintiff will not be prejudiced by the filing of a summary judgment motion. defendants motions are well-taken. The defendants shall file their summary judgment motion on or before May 24, 2010 regarding the same legal issues presented in For these reasons, the

their Motions to Extend the Motion Deadline. respond on or before June 7, 2008. or before June 11, 2010.

The plaintiff must

Any rebuttal must be filed on

No other motions or briefs shall be filed

except for those stated herein. Inasmuch as the plaintiff is granted additional time to file his motion, the Court finds that in the interest of justice the trial for this matter is continued until the trial calender beginning on August 2, 2010, with a specific trial date, if any, to be determined at the pretrial conference. Accordingly,

IT IS HEREBY ORDERED that the plaintiff's Motions to Extend the Motions Deadline [docket entry nos. 21, 22, 23, 24] are GRANTED. IT IS FURTHER ORDERED that no other motions or briefs are to be filed in this matter except for those stated herein. SO ORDERED AND ADJUDGED this the 20th day of May 2010.

s/ David Bramlette UNITED STATES DISTRICT JUDGE

2