Hinton v. Henderson et al

Filing 95

ORDER granting 94 MOTION to Continue Docket Call/Trial and Allow Filing of a Dispositive Motion. the case is hereby removed from its current setting on the Master Trial Calendar of July 8, 2013., ( Motions due by 7/8/2013.). Signed by District Judge Robert J. Conrad, Jr on 6/27/2013. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10-cv-505-RJC
CHARLES EVERETTE HINTON,
Plaintiff,
vs.
MICHAEL W. HENDERSON, et al.,
Defendants.
_______________________________________

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ORDER

This matter is on a motion by Defendants Teresa Broadway and Andrew Rudgers,
through North Carolina Attorney General Roy Cooper and Assistant Attorney General Jodi
Harrison, to continue the scheduled trial date in this matter of July 8, 2013, and for an extension
of time to July 8, 2013, in which to file a summary judgment motion. (Doc. No. 94). In this
action, filed on October 12, 2010, Plaintiff Charles Everette Hinton, a state court inmate and
frequent filer of pro se lawsuits, alleges that Defendants violated his constitutional rights by
falsely imprisoning him and maliciously prosecuting him. On August 21, 2012, this Court
adopted a scheduling order providing, among other things, that dispositive motions in this matter
would be filed by April 8, 2013, and that trial would be set for July 8, 2013. (Doc. No. 76).
In support of the motion, defense counsel asserts that, due to “the press of business and
the volume of case work assigned to undersigned’s counsel, moving Defendants failed to timely
file a motion for summary judgment.” (Doc. No. 94 at 2). Counsel states that the instant matter
was overlooked due to counsel’s high volume of pending cases and advancing acting deadlines.
(Id.). Counsel further states that the case is likely to be resolved at the summary judgment stage
based on Defendants’ qualified immunity defense, Plaintiff’s failure to disclose expert testimony
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to support his claims, witness testimony, and documentation contradicting Plaintiff’s claims.
(Doc. No. 94 at 2).
For good cause shown, IT IS HEREBY ORDERED that the parties shall be given until
July 8, 2013, to file summary judgment motions. Furthermore, the case is hereby removed from
its current setting on the Master Trial Calendar of July 8, 2013. If the action still remains after
the Court’s ruling on summary judgment motions, the Court will reset the trial date for this
matter. To this extent, Defendants’ Motion to Continue Docket Call/Trial and Allow Filing of a
Dispositive Motion, (Doc. No. 94), is GRANTED.

Signed: June 27, 2013

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