Cox v. General Dynamics Advanced Information Systems et al

Filing 52

ORDER granting in part and denying in part 50 Motion to Continue. The plaintiffs amended complaint shall be filed on or before February 3, 2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA U N IT E D STATES OF AMERICA, ex. re l. PHILLIP COX, Plaintiff, V. G E N E R A L DYNAMICS ARMAMENT A N D TECHNICAL PRODUCTS, Defendant. ) ) ) ) ) ) ) ) ) ) )

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M E M O R A N D U M AND ORDER

T h e plaintiff has moved for a 10-day continuance of the deadline for filing an a m e n d e d complaint. Filing No. 50. The defendant opposes plaintiff's motion. O n January 6, 2010, the court granted the defendant's Rule 9(b) motion, and set a d e a d lin e requiring the plaintiff to file an amended complaint on or before January 29, 2010. T h e plaintiff's motion for additional time, filed on January 21, 2010, explains he went out o f state on January 21, 2010 and will not return until January 30, 2010. The motion further sta tes the plaintiff has provided more detailed information to defense counsel, and this in f o rm a tio n should satisfy the concerns raised in defendant's 9(b) motion. The plaintiff's motion to continue does not explain why the amended complaint was n o t filed between January 6 and January 21, 2010, particularly where the plaintiff possessed, a n d apparently served on the defendant, the facts needed to plead with particularity in a c co rd a n c e with Rule 9(b). The plaintiff has not explained why he needs ten days following h is return to prepare and file an amended complaint. A c c o r d i n g l y, IT IS ORDERED that the plaintiff's motion to continue, filing no. 50, is granted in p a rt, and the plaintiff's amended complaint shall be filed on or before February 3, 2010. D A T E D this 28 th day of January, 2010. B Y THE COURT: s / Cheryl R. Zwart United States Magistrate Judge