Meridian Laboratory Corporation v. Sebelius

Filing 14

ORDER granting in part denying in part 13 Joint Motion to Set Briefing Schedule and Extend Page Limitations (contained in Certification of Initial Attorneys Conference and Discovery Plan). Plaintiff's Motion fo r SJ due 2/23/2012. Defendant's Motion for SJ and Opposition to Plaintiff's Motion due 4/9/2012. Plaintiff's Opposition and Reply due 4/30/2012. Defendant's Reply due 5/21/2012. Signed by District Judge Frank D. Whitney on 2/1/2012. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:11-cv-00406-W
MERIDIAN LABORATORY
CORPORATION,
Plaintiff,
vs.
HONORABLE KATHLEEN SEBELIUS,
SECRETARY, U.S. DEPARTMENT OF
HEALTH AND HUMAN SERVICES,
Defendants.

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ORDER

THIS MATTER is before the Court on the parties’ “Joint Motion to Set Briefing Schedule
and to Extend Page Limitations” (Doc. No. 13). The Court GRANTS IN PART AND DENIES IN
PART that motion.
IT IS THEREFORE ORDERED that the briefing schedule is set in this case as follows:
1.

Plaintiff’s motion and memorandum on summary judgment shall be due February
23, 2012;

2.

Defendant’s motion and memorandum on summary judgment and opposition to
Plaintiff’s motion shall be due April 9, 2012;

3.

Plaintiff’s opposition and reply shall be due April 30, 2012; and

4.

Defendant’s reply shall be due May 21, 2012.

The Court DENIES that portion of the parties’ motion requesting an extension of the “page
limitations.” Specifically, the parties are to be guided by this Court’s standing orders. In so doing,
motions in support of or responses in opposition to dispositive motions in this case shall be 6,000

words; and replies shall be limited to 2,000 words.1 (See 3:07-mc-47, Doc. No. 2, p. 10). The
parties should attach a certificate of compliance to their filings.
IT IS SO ORDERED.
Signed: February 1, 2012

1

To the extent counsel contends these word limitations are too restrictive, the Court notes
that it anticipates holding a hearing in this matter whereby the parties will have an opportunity to
present oral argument to supplement their briefs.