Earquhart v. Whitlatch, et al

Filing 38

ORDER granting in part 27 Motion for Extension of Time to File Response and denying 28 Motion for Default Judgment - Responses due regarding 33 MOTION to Dismiss for Lack of Jurisdiction, 16 MOTION to Dismiss, and 20 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by 8/1/2014. Signed by District Judge Louise Wood Flanagan on 06/18/2014. (Baker, C.)

THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:14-CV-248-FL

XAVIER EARQUART,
Plaintiff,
v.
MOLLY WHITLATCH; JOSEPH KALO,
IV; DAVID BARBER; TRACI D. FIDLER;
GLENDA TEER; PAM THOMAS; and
BECKY WILLIAMS,
Defendants.

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ORDER

This matter comes now before the court upon motion of plaintiff for an extension of time to
respond to defendants’ motions to dismiss, lodged on the docket at entry numbers 16 and 20. The
current deadline for plaintiff to respond is July 7, 2014. He seeks and additional 30 days’ time.
These defendants do not agree to any extension but will consent to a limited one of 21 days
if the court is inclined to favor plaintiff’s request.
A third motion to dismiss has been lodged at entry number 33. It was filed later than the
other two. Response to it is due by July 11, 2014. The court anticipates that plaintiff, in accord with
basis offered in this instance for a time extension, similarly would seek more time to respond also
to that third motion to dismiss.
The court finds good cause to ALLOW plaintiff, proceeding pro se, additional time to
respond to these three motions. Plaintiff is allowed until Friday, August 1, 2014, within which to
make his response to motions to dismiss of all defendants herein.

The court also takes up that motion for default judgment made by plaintiff, lodged at entry
number 28 on the court’s docket. While the time to expire has not yet elapsed, defendants against
whom plaintiff moves, including David Barber, Pam Thomas, and Becky Williams, all have signaled
their opposition in that most recently filed motion to dismiss, lodged at entry number 33. For
reasons therein set forth, and where adjudication on grounds of default in this instance is disfavored,
the court DENIES this motion.
SO ORDERED, this the 18th day of June, 2014.

LOUISE W. FLANAGAN
United States District Court Judge