Gordon v. Bertsch et al
ORDER granting 62 MOTION for Extension of Time to File Dispositive Motions. Dispositive Motions due by 5/31/2017. Final Pretrial Conference REset for 10/31/2017 at 1:30 PM by telephone before Magistrate Judge Charles S. Miller, Jr. Jury Trial REse t for 11/13/2017 at 11:30 PM in Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland (5 days). By Magistrate Judge Charles S. Miller, Jr. (Final pretrial conference and trial previously scheduled for 8/28/2017 and 9/11/2017, respectively) (BG) Distributed on 3/29/2017. (rh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Leann K. Bertsch, Director, et. al.,
Case No. 1:15-cv-026
Before the court is a “Motion and Memorandum in Support of Motion to Amend Scheduling
Order and to Amend Scheduling Order” filed by defendants on March 7, 2017. Defendants seeks
to extend the dispositive motion deadline and continue the trial date by two months given, amongst
other things, the number of defendants named in plaintiff’s complaint and the volume of claims
being asserted by the plaintiff, Michael Gordon (“Gordon”).
More than 14 days has passed since defendants filed their motion and Gordon has yet to file
a response or otherwise object. See D.N.D. Civ. L.R. 7.1(F) (“An adverse party’s failure to serve
and file a response to a motion may be deemed an admission that the motion is well taken.”). In any
event, having reviewed the record, the court finds that there is good cause to grant defendants a
modest extension of the dispositive motion deadline and continue the final pretrial conference and
trial. This change will pose no appreciable prejudice to plaintiff.
Accordingly, defendants’ motion (Docket No. 62) is GRANTED. The parties shall have
until May 31, 2017, to file dispositive motions. The final pretrial conference set for August 28,
2017, shall rescheduled for October 31, 2017, at 1:30 PM. The jury trial set for September 11, 2017,
shall rescheduled for November 13, 2017, at 1:30 PM before Judge Hovland (5 days).
IT IS SO ORDERED.
Dated this 29th day of March, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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