US Commodity Futures Trading Commission v. Simmons et al

Filing 101

ORDER denying without prejudice 100 Motion to Stay Deadlines. Signed by Magistrate Judge David Keesler on 10/1/2013. (Pro se litigant served by US Mail.) (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:11-CV-023-RJC-DCK
US COMMODITY FUTURES TRADING
COMMISSION,
Plaintiff,
v.
KEITH F. SIMMONS, et al.,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff Commodity Futures Trading
Commission’s Motion For Stay Of Deadlines (Document No. 100) filed September 30, 2013.
This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §
636(b), and immediate review is appropriate.

Having carefully considered the motion, the

record, and applicable authority, the undersigned will deny the motion.
Plaintiff seeks a stay of “any and all deadlines directed to Plaintiff in this matter pending
a possible government shutdown” while noting that “Plaintiff is not aware of any deadlines
directed to it at this time.” (Document No. 100, p.1) (emphasis added). The undersigned further
notes that a review of the docket for this case reveals that the most recent action occurred on or
about May 14, 2012.
Based on the foregoing, the undersigned is not persuaded that the current motion is
necessary. As such, the Court will deny the motion without prejudice. However, the Court
recognizes, and advises Defendants, that during a “government shutdown” Plaintiff’s counsel
may be unavailable. In the event of a “government shutdown,” the Court will avoid setting any
unrealistic deadlines.

IT IS, THEREFORE, ORDERED that “Plaintiff Commodity Futures Trading
Commission’s Motion For Stay Of Deadlines (Document No. 100) is DENIED WITHOUT
PREJUDICE.
Signed: October 1, 2013

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