DURAN v. WARNER et al

Filing 119

ORDER dismissing w/out prejudice Defts' 99 Motion for Summary Judgment ; denying Pltf.'s motion for reconsideration; Pltf.'s time to file a motion to amend the Complaint is enlarged to 1/3/2011. Signed by Judge Jerome B. Simandle on 11/29/2010. (drw, )n.m.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

MIGUEL DURAN, Plaintiff, v. OFFICER WILLIAM WARNER, et al., Defendants.

HON. JEROME B. SIMANDLE Civil No. 07-5994 (JBS/AMD) ORDER

This matter having come before the Court on three of Plaintiff's motions: for an extension of time to file opposition

to Defendants' summary judgment motion; for reconsideration pursuant to L. Civ. R. 7.1(i); and for an extension of time to move to amend the Complaint pursuant to Rule 15, Fed. R. Civ. P. [Docket Item 115]; the Court having considered the submissions of the parties; for the reasons explained in the Opinion of today's date; and for good cause shown; IT IS this 29th day of November, 2010 hereby

ORDERED that Defendants' motion for summary judgment [Docket Item 99] is DISMISSED without prejudice to re-filing after Plaintiff's pending discovery motions are adjudicated and after either the adjudication of Plaintiff's motion to amend the Complaint or the expiration of Plaintiff's time to file such a motion; and it is further ORDERED that Plaintiff's motion for reconsideration is

DENIED; and it is further ORDERED that Plaintiff's time to file a motion to amend the Complaint is enlarged to January 3, 2011.

s/ Jerome B. Simandle JEROME B. SIMANDLE United States District Judge

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