Knight et al v. Nash-Finch Company

Filing 4

ORDER granting in part and denying in part 2 Motion for Extension of Time to File a Responsive Pleading.On or before December 26, 2012, the defendant shall answer or otherwise respond to the plaintiff's complaint. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEAN L KNIGHT, KATHERINE E
MEYER,
8:12CV404
Plaintiffs,
vs.

MEMORANDUM AND ORDER

NASH-FINCH COMPANY,
Defendant.
The defendant has moved for an additional thirty days, or until January 4, 2013, to
file its answer or response to the plaintiffs' complaint. The defendant asserts that the
current response deadline is 30 days it received service of the complaint, that being
December 5, 2012.
Under the federal rules, the defendant's actual response deadline is 21 days
following service (Fed.R.Civ.P 12(a) & 81(c)(2)(A)), that being November 26, 2012.
Thirty days thereafter is December 26, 2012.

Accordingly,

IT IS ORDERED:
1)

The defendant' s motion to continue, (Filing No. 2), is granted in part.

2)

On or before December 26, 2012, the defendant shall answer or otherwise
respond to the plaintiff's complaint.

November 20, 2012.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge