United States of America v. DRC Emergency Services et al

Filing 22

ORDER Setting Deadline to Answer. By Magistrate Judge Charles S. Miller, Jr. Defendant Liberty Mutual Insurance Company has until 11/21/2012 to file an answer or otherwise respond to Plaintiff's complaint.(KT) Modified on 10/19/2012 to correct text re due date. Regenerated NEF (jt).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHWESTERN DIVISION United States of America, for the use and benefit fo Moorhead Electric on behalf of Moorhead Electric, Plaintiff, vs. DRC Emergency Services and Liberty Mutual Insurance Company, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ORDER SETTING DEADLINE TO ANSWER Case No. 4:12-cv-126 Plaintiff filed the complaint in the above-entitled action on September 19, 2012. Defendant Liberty Mutual Insurance Company (“Liberty Mutual”) was served a summons and complaint on September 24, 2012. On October 15, 2012, Defendant Liberty Mutual filed a Motion for Extension of Time to File Answer. (Docket No. 11). Defendant Liberty Mutual’s memorandum in support of the motion stated the parties had agreed to extend the deadline to answer to October 21, 2012. Defendant Liberty Mutual stated that it required additional time to answer, requested the court to extend the deadline to answer to November 21, 2012, and asserted that allowing additional time would not prejudice the plaintiff. (Docket No. 12). On October 16, 2012, the court issued an order granting defendant Liberty Mutual’s motion to extend the deadline to answer to November 21, 2012. (Docket No. 15). On October 17, 2012, plaintiff filed an Objection to Granting Liberty Mutual’s Motion for Extension of Time to Answer, asserting that extending the deadline to answer to November 21, 2012 would substantially prejudice plaintiff. (Docket No. 17). 1 On October 18, 2012, the court held a telephone conference with the parties to discuss defendant Liberty Mutual’s deadline to file an answer. Pursuant to that discussion, it is ORDERED that defendant Liberty Mutual shall have until November 1, 2012 to file an answer or otherwise respond to plaintiff’s complaint. Dated this 19th day of October, 2012. /s/ Charles S. Miller, Jr. Charles S. Miller, Jr., Magistrate Judge United States District Court 2

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