Amon, Jr. v. Union Pacific Distribution Services Company
Filing
52
MEMORANDUM AND ORDER - Plaintiff's Motion to Extend Plaintiff's Opposition Brief Deadline (Filing 51 ) is granted. The deadlines for the filing of Plaintiff's opposition to Defendant's Motion for Summary Judgment (Filing 45 ) and Defendant's reply thereto are suspended until such time as the Magistrate Judge rules on Plaintiff's Motion to Compel (Filing 49 ). Immediately after the Magistrate Judge rules on Plaintiff's Motion to Compel (Filing 49 ), Pl aintiff's counsel shall file a motion to set deadlines for the Plaintiff to file a brief and evidence in opposition to Defendant's Motion for Summary Judgment (Filing 45 ) and Defendant's reply thereto; Defendant's Motion for Summary Judgment (Filing 45 ) is held in abeyance until further order of the court. This matter is referred to Magistrate Judge Zwart to determine whether the pretrial conference and trial in this matter should be continued. Ordered by Senior Judge Richard G. Kopf. (GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD W. AMON, JR., an
individual,
Plaintiff,
v.
UNION PACIFIC DISTRIBUTION
SERVICES COMPANY, a Delaware
corporation,
Defendant.
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8:12CV437
MEMORANDUM
AND ORDER
Plaintiff has filed a motion (Filing 51) to extend the deadline within which he
may file his brief and evidence in opposition to Defendant’s motion for summary
judgment (Filing 45). Plaintiff’s motion states that he filed a motion to compel (Filing
49) on September 22, 2014, seeking information that is “material to the issues of
whether Plaintiff provided Defendant notice of his need for Family Medical Leave and
the credibility of the testimony of Plaintiff and Defendant’s witnesses.” Plaintiff
claims the information sought “may create a genuine issue of material fact and Plaintiff
will be prejudiced in his opposition of Defendant’s Motion for Summary [J]udgment
without this evidence.” (Filing 51 ¶ 7.) Plaintiff states that the pending motion to
compel was necessary because “Defendant objected to and supplied incomplete
responses” to Plaintiff’s prior discovery requests. (Filing 51 ¶ 6.)
While Plaintiff has not shown “by affidavit or declaration that, for specified
reasons, it cannot present facts essential to justify its opposition,” as required by Fed.
R. Civ. P. 56(d) (emphasis added), the court may extend the time within which an act
must be done “for good cause.” Fed. R. Civ. P. 6(b). Therefore, “for good cause”
shown, I shall grant Plaintiff’s motion to extend.
IT IS ORDERED:
1.
Plaintiff’s Motion to Extend Plaintiff’s Opposition Brief Deadline (Filing
51) is granted;
2.
The deadlines for the filing of Plaintiff’s opposition to Defendant’s
Motion for Summary Judgment (Filing 45) and Defendant’s reply thereto are
suspended until such time as the Magistrate Judge rules on Plaintiff’s Motion to
Compel (Filing 49);
3.
Immediately after the Magistrate Judge rules on Plaintiff’s Motion to
Compel (Filing 49), Plaintiff’s counsel shall file a motion to set deadlines for the
Plaintiff to file a brief and evidence in opposition to Defendant’s Motion for Summary
Judgment (Filing 45) and Defendant’s reply thereto;
4.
Defendant’s Motion for Summary Judgment (Filing 45) is held in
abeyance until further order of the court; and
5.
This matter is referred to Magistrate Judge Zwart to determine whether
the pretrial conference and trial in this matter should be continued.
DATED this 25th day of September, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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