Fisher et al v. Continental Resources, Inc.

Filing 78

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 74 Motion Continue Trial Date. The final pretrial conference set for 9/23/2015 and trial set for 10/05/2015 are cancelled. Both shall be rescheduled as necessary at a later date and time. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Rick and Rosella Fisher,
Plaintiffs,
vs.
Continental Resources, Inc.,
Defendant.

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ORDER GRANTING MOTION TO
CONTINUE TRIAL

Case No. 1:13-cv-097

Before the court is a “Motion to Continue Trial Date” filed by plaintiffs on July 27, 2015.
Plaintiffs request that the court continue the final pretrial conference set for September 23, 2015, and
the trial set for October 5, 2015, to ensure they have adequate to time complete expert discovery and
prepare for trial once the court disposes of the parties’ pending motions.
Defendant did not file a response to plaintiffs’ motion the time prescribed by D.N.D Civ.
L.R. 7.1(B). Its silence may be deemed an admission that the motion well taken. See D.N.D. Civ.
L.R. 7.1(F). Also, the current congestion of the criminal docket makes it unlikely that the trial court
proceed on the date currently scheduled in any event.
Plaintiffs’ motion (Docket No. 74) is GRANTED. The final pretrial conference set for
September 23, 2015, and trial set for October 5, 2015, are cancelled. Both shall be rescheduled as
necessary at a later date and time.
IT IS SO ORDERED.
Dated this 13th day of August, 2015.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court