Montin v. Gibson et al

Filing 84

MEMORANDUM AND ORDER - Defendants' Motion for Leave to File Supplemental Brief (Filing No. 80 ) is granted. Plaintiff's Motion for Extension of Time (Filing No. 83 ) is granted. Plaintiff shall file an opposing brief no later than December 21, 2011. Ordered by Senior Judge Lyle E. Strom. (Copy mailed/e-mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN MAXWELL MONTIN,
Plaintiff,
v.
BILL GIBSON, CEO, DR. Y.
SCOTT MOORE; DR. RAJEEN
CHATURVEDI; and MARC
OSTRANDER,
Defendants.

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4:09CV3153

MEMORANDUM AND ORDER

This matter is before the Court on defendants’ Motion
for Leave to File Supplemental Brief (Filing No. 80).

Defendants

argue that, due to an oversight by counsel, a critical reference
to an earlier case in this Court was omitted from the initial
brief.

(Id.)

The earlier case is Montin v. Gibson, et al., Case

No. 4:09CV3072, which dealt with claims similar to those alleged
in this matter.

The Court will grant defendants’ motion.

Also pending is plaintiff’s Motion for Extension of
Time to file a response to defendants’ Motion for Summary
Judgment (Filing No. 83).

Defendants filed their Motion for

Summary Judgment on October 28, 2011 (Filing No. 77).

Thus,

plaintiff had 21 days, or until November 18, 2011, to file an
opposing brief.
so.

See NECivR 56.1(b)(2).

(See Docket Sheet.)

Plaintiff failed to do

Plaintiff alleges his restrictions at

“LRC” have delayed his communications and asks the Court for
leave to file an opposing brief by “the end of December.”

(Filing No. 83.)

In light of plaintiff’s pro se status and

defendants’ filing of a supplemental brief, plaintiff’s motion
for extension of time will be granted.

Accordingly,

IT IS ORDERED:
1)

Defendants’ Motion for Leave to File Supplemental

Brief (Filing No. 80) is granted.
2)

Plaintiff’s Motion for Extension of Time (Filing

No. 83) is granted.

Plaintiff shall file an opposing brief no

later than December 21, 2011.
DATED this 29th day of November, 2011.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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