Montin v. Gibson et al
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,
BILL GIBSON, CEO, DR. Y.
SCOTT MOORE; DR. RAJEEN
CHATURVEDI; and MARC
MEMORANDUM AND ORDER
This matter is before the Court on defendants’ Motion
for Leave to File Supplemental Brief (Filing No. 80).
argue that, due to an oversight by counsel, a critical reference
to an earlier case in this Court was omitted from the initial
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).
plaintiff had 21 days, or until November 18, 2011, to file an
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.
IT IS ORDERED:
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.
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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