D.G. v. Lathrop R-II School District

Filing 45

AMENDED ORDER re 43 that Lathrop R-II School District file its response in opposition to William Gray's, Joyce Gray's, and Stephen Walker's pending Motion for Extension of Time on or before Wednesday, June 8, 2011. Signed on 06/03/2011 by District Judge Scott O. Wright. (Duckworth, Rene)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
D.G., a minor, by and through his
)
Parents and Legal Guardians, W.G. and J.G.,)
)
Plaintiff,
)
)
v.
)
)
LATHROP R-II SCHOOL DISTRICT,
)
)
Defendant.
)

Case No.: 10-6091-CV-SJ-SOW

AMENDED ORDER
The Court’s previous Order of June 3, 2011 (Doc. #44) incorrectly stated the deadline for
Lathrop R-II School District to file its response in opposition to the pending Motion for an Extension
of Time (see Doc. #43). This Amended Order correctly reflects the deadline for Lathrop R-II School
District’s response in opposition.
Before the Court is William Gray’s, Joyce Gray’s, and Stephen Walker’s Motion for an
Extension of Time Within Which to Respond to the School’s Motion for Summary Judgment Re:
Counterclaim (Doc. #43). The Court would like Lathrop R-II School District to respond to the
request for additional time. The Court directs Lathrop R-II School District to specifically address
the following issues: (1) whether its claim against William Gray, Joyce Gray, and Stephen Walker
is a crossclaim or a counterclaim1 and (2) why William Gray, Joyce Gray, and Stephen Walker

1

Although Lathrop R-II School District’s Answer contains a “Counterclaim” (see Doc. #5),
there is no mention therein of a “crossclaim” against William Gray, Joyce Gray, or Stephen Walker.
Yet Lathrop R-II School District has moved for summary judgment on a counterclaim and a
crossclaim in its motion for summary judgment, entitled “Counterclaim/Crossclaim Plaintiff Lathrop
R-II School District’s Motion for Summary Judgment on Counterclaim and Crossclaim” (see Doc.
#26). Lathrop R-II School District needs to explain this inconsistency.

should not be given an opportunity to conduct discovery on Lathrop R-II School District’s claim
against them before responding to the pending motion for summary judgment (see Doc. #26).
Accordingly, it is hereby
ORDERED that Lathrop R-II School District file its response in opposition to William
Gray’s, Joyce Gray’s, and Stephen Walker’s pending Motion for Extension of Time (see Doc. #43)
on or before Wednesday, June 8, 2011.

/s/ Scott O. Wright
SCOTT O. WRIGHT
Senior United States District Judge
DATED: June 3, 2011

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