United States of America v. Melot et al

Filing 472

ORDER by Magistrate Judge William P. Lynch granting in part and denying in part 471 Motion for Extension of Time to File Response/Reply re 469 MOTION to Set Aside Judgment. Replies due by 1/23/2017. (mej)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO UNITED STATES OF AMERICA, Plaintiff, v. CV 9-752 JCH/WPL BILLY R. MELOT and KATHERINE L. MELOT, Defendants. ORDER GRANTING-IN-PART EXTENSION OF TIME Defendant Billy Melot filed a Motion for Relief from Judgment and Order on December 16, 2016. (Doc. 469.) The United States filed its response on December 29, 2016. (Doc. 470.) Melot now seeks a fourteen-day extension of time to file his reply because the United States filed “a lengthy Response in Opposition,” and noted that he was unable to seek concurrence of opposing counsel due to his incarcerated status. (Doc. 471.) Melot asks that his reply deadline be extended through January 24, 2017. In total, the United States filed 21 pages in response to Melot’s motion: 15 pages of response and 6 pages of exhibits. (Doc. 470.) Melot’s contention that the United States filed a “lengthy response” and failed to designate portions of the exhibits is meritless. Under the circumstances, Melot’s motion is granted-in-part: any reply must be filed no later than January 23, 2017. This case has been dragging on for over six years and has gone up on appeal a dozen times. Melot is cautioned that additional requests for extension will be looked upon with disfavor. IT IS SO ORDERED. ___________________________________ William P. Lynch United States Magistrate Judge A true copy of this order was served on the date of entry--via mail or electronic means--to counsel of record and any pro se party as they are shown on the Court’s docket. 2

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