Akintunde, et al v. University of Nebraska at Omaha, et al

Filing 47

ORDER denying 42 Motion for Leave to file a Reply and denying 44 Motion to Seal Exhibit A. Ordered by Magistrate Judge F.A. Gossett. (KMG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
OMOWALE AKINTUNDE, and
MANFRED WOGUGU,

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Plaintiffs,
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V.
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UNIVERSITY OF NEBRASKA AT
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OMAHA, BOARD OF REGENTS OF )
THE UNIVERSITY OF NEBRASKA )
- OMAHA, DAVID BOOCKER, and )
DOES 1 THROUGH 4, in their
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Individual capacity,
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Defendants.
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4:15CV3011

ORDER

This matter is before the Court on Plaintiffs’ Motion for Leave to File a Reply to
Defendant Boocker’s Answer to Complaint (filing 42) and Plaintiffs’ Motion to Seal Exhibit
A (filing 44). Plaintiffs’ motions will be denied.
Defendants filed a Motion to Dismiss Plaintiffs’ Second Amended Complaint (filing
20) on May 6, 2015. Defendant Boocker filed a Motion for Judgment on the Pleadings on
May 19, 2015. (Filing 23.) Plaintiffs were granted an extension of time to respond to
Defendants’ motions on June 2, 2015. (Filing 27.) Per the Court’s Order, Plaintiffs were to
respond to the motions by June 12, 2015.
Having not responded to Defendants’ pending motions by the June 12, 2015 deadline,
Plaintiffs filed a motion requesting another extension of the deadline to respond to
Defendants’ motions on June 16, 2015. (Filing 28.) The motion was opposed by Defendants
on the basis that the motion was untimely as the deadline for responding to Defendants’
motions had passed. (Filing 30.) On June 22, 2015, Plaintiffs noticed that their second
motion for extension of time was filed incorrectly, so they submitted a motion requesting that
the motion for extension of time be stricken. (Filing 32.) On that date, Plaintiffs also filed
a corrected motion for extension of time. (Filing 31.) The Court granted Plaintiffs’ request
to strike the original motion for extension of time, and accepted Plaintiffs’ amended motion.

(Filing 33.)
Over Defendants’ objection, giving Plaintiffs the benefit of the doubt, the Court
granted Plaintiffs’ second motion for extension of time, allowing Plaintiffs to file their
responses to Defendants’ motions out of time. Plaintiffs were directed to file their responses
no later than July 10, 2015. (Filing 41.) At that time, Plaintiffs were advised that no further
extensions of time would be granted.
Once again, Plaintiffs did not respond to Defendants’ pending motions by the deadline
imposed by the Court. Instead, on July 13, 2015, Plaintiffs filed their Motion for Leave to
File a Reply to Defendant Boocker’s Answer to Complaint. (Filing 42.) Plaintiffs’ proposed
reply to Defendants’ Answer was not attached to the motion. On July 14, 2015, Plaintiffs
filed their Motion to Seal Exhibit A (filing 44), which requests that the Court allow them to
file a videotape to be offered in support of their Motion for Leave to File a Reply under seal.
In addition, on July 14, 2015, Plaintiffs’ counsel emailed to Court chambers a “substantially
complete draft” of Plaintiffs’ proposed reply to Defendants’ Answer.
With this background in mind, the Court will deny Plaintiffs’ Motion for Leave to File
a Reply to Defendant Boocker’s Answer to Complaint (filing 42) and Plaintiffs’ related
Motion to Seal Exhibit A (filing 44). Having reviewed Plaintiffs’ current Motion for Leave
to File a Reply, it is clear that the motion is primarily a ploy to respond to Defendants’
pending motions out of time. Not only that, it appears that Plaintiffs have not even finalized
their proposed reply to Defendants’ Answer. The Court has given Plaintiffs every
opportunity to file responses to Defendants’ motions, yet Plaintiffs have continually failed
to do so. Moreover, Plaintiffs have not articulated any legitimate reason to grant them leave
to reply to Defendants’ Answer at this point in the litigation.
IT IS ORDERED that Plaintiffs’ Motion for Leave to File a Reply to Defendant
Boocker’s Answer to Complaint (filing 42) and Plaintiffs’ Motion to Seal Exhibit A (filing
44) are denied.
DATED July 20, 2015.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge
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