Western Builders Supply, Inc. v. Skiles et al
ORDER granting 14 Unopposed MOTION for Extension of Time to File Answer filed by Andrew Strong; granting 15 Unopposed MOTION for Extension of Time to File Answer filed by Paul Wagness; 16 Unopposed MOTION for Extension of Time to Fil e Answer filed by Steve Rux; granting 17 Unopposed MOTION for Extension of Time to File Answer filed by Richard C. Wilcox.Steve Rux answer due 5/4/2018; Andrew Strong answer due 5/4/2018; Paul Wagness answer due 5/4/2018; Richard C. Wilcox answer due 5/4/2018. Signed by Magistrate Judge Timothy J. Cavan on 4/16/2018. (Hard copy mailed to pro se filers Strong, Wagness, Rux Wilcox, Kuehn.) (JDR) Modified on 4/16/2018 (JDR).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
WESTERN BUILDERS SUPPLY,
STEVE SKILES, et al.,
Before the Court are defendants Andrew Strong’s, Paul Wagness’s, Steve
Rux’s, and Richard C. Wilcox’s (collectively, “Defendants”) Unopposed Motions
for Extension of Time (the “Motions”). (Docs. 14, 15, 16, 17.) Each Motion
requests “a 21-day extension” until May 4, 2018, to respond to the Complaint.
(See Doc. 1.) Plaintiff Western Builders Supply, Inc. (“WBS”) filed a response to
the Motions representing that it has no objection to the relief sought. (Doc. 18.)
Based on WBS’s representation, the Court will grant the Motions and extend
Defendants’ responsive pleading deadline to and including May 4, 2018.
However, the Court notes the following deficiencies in the Motions that
Defendants should take care to correct going forward.
First, Defendants should familiarize themselves with the District of Montana
Local Rules of Procedure 1, which provide in pertinent part that pro se litigants
remain “bound by the federal rules and all applicable local rules.” D. Mont. L.R.
83.8. In this instance, Defendants failed to comply with L.R. 7.1(c)(1), which
requires that “[t]he text of [a] motion must state that other parties have been
contacted and state whether any party objects to the motion.” Though the Motions
contained the word “unopposed” in the captions, as required by L.R. 7.1(c)(2),
there is no indication that Defendants contacted WBS or any other defendant
before filing their Motions.
Next, none of the Motions indicate how Defendants determined that a “21day” extension would result in a responsive pleading deadline of May 4, 2018.
Given that Defendants were not all served with the Complaint on the same day, it
is impossible that their responsive pleading deadlines would have been the same,
much less all falling on April 13, 2018. (See Docs. 4, 5, 8, 9.) According to the
Court’s calendar, in fact, defendants Rux and Wilcox had a responsive pleading
deadline of April 12, 2018, meaning they filed their motions for extension of time
after their deadlines had already passed. Pro se litigants are not relieved of the
responsibility of determining applicable filing deadlines as dictated by the Local
Rules, the Federal Rules of Civil Procedure, or any other applicable source.
Available on the Court’s website at www.mtd.uscourts.gov/local-rules.
Based on the foregoing, IT IS ORDERED that Defendants’ Motions (Docs.
14, 15, 16, 17) are GRANTED. Defendants shall answer or otherwise respond to
the Complaint on or before May 4, 2018.
DATED this 16th day of April, 2018.
TIMOTHY J. CAVAN
United States Magistrate Judge
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