Goodwin v. City of Cleveland, Ohio et al

Filing 81

Memorandum and Order that Defendants Scott Aldrich and Bryan Myers' 77 Motion for extension of time until September 28, 2016, to answer is Denied. Signed by Magistrate Judge Kenneth S. McHargh on 9/6/16. (M,De)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

ELIZABETH GOODWIN, adm’r,

Plaintiff,
vs.
CITY OF CLEVELAND,
et al.,
Defendants.

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Case No. 1:15CV0027

JUDGE DONALD NUGENT
(Magistrate Judge Mchargh)

MEMORANDUM
AND ORDER

McHARGH, Mag.J.
The plaintiff, Elizabeth Goodwin, as administrator of the estate of Tanisha
Anderson, has filed a suit in this court against defendants City of Cleveland and
Cleveland police officers Scott Aldridge and Bryan Myers.
The individual defendants move for an extension of time to file their answer,
or other responsive pleading, until September 28, 2016. (Doc. 77.) The plaintiff
opposes their request. (Doc. 79.)
The presiding district judge in this case ruled that, if the related criminal
investigation of the individual defendants had not been completed by September 1,
2016 (which, apparently, it has not), the stay would lift automatically, and thus

they are required to file their responsive pleadings by September 14, 2016. (Doc.
48, at 3.) In light of the passage of time due to the stay, the court scheduled a Case
Management Conference to set dates to govern the case going forward. The CMC
was originally set for Sept. 28, but at the request of one of the parties the CMC date
was moved to September 21, 2016. The date of the CMC was intentionally set for
after the due date for responsive pleadings, that is, after September 14, 2016.
The undersigned will not revisit that ruling. The motion for an extension of
time (doc. 77) is DENIED.

IT IS SO ORDERED.
Dated:

Sept. 6, 2016

/s/ Kenneth S. McHargh
Kenneth S. McHargh
United States Magistrate Judge

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