Rachel v. Troutt et al

Filing 119

ORDER Declines to ADOPT REPORT AND RECOMMENDATION for 116 Report and Recommendation, 117 Motion for Leave, filed by Genese McCoy, Tami Grogan, Jeffrey Troutt, Janet Dowling. Case is re-refers this matter to Judge Erwin for further proceedings. Defendants shall file their dispositive motion within seven (7) days from the date of this Order. Signed by Honorable David L. Russell on 8/22/17. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ARCHIE RACHEL,
Plaintiff,
v.
JEFFREY TROUTT, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. CIV-15-141-R

ORDER
Before the Court is the Report and Recommendation of United States Magistrate
Judge Shon T. Erwin entered August 17, 2017, [Doc. No. 116].

Judge Erwin

recommended that the referral be terminated and this matter set down for trial since neither
party filed a dispositive motion in accordance with the Order establishing this deadline.
On August 18, 2017, Defendants filed a Motion for Leave to File Out of Time and
Objection to the Report and Recommendation [Doc. Nos. 117 & 118].

Therein

Defendants state that due to an administrative error the dispositive motion deadline was
incorrectly docketed and they now seek leave to file their dispositive motion out of time.
Therefore, the undersigned declines to adopt the Report and Recommendation, grants
Defendant’s Motion for Leave to File Out of Time and re-refers this matter to Judge Erwin
for further proceedings. Defendants shall file their dispositive motion within seven (7)
days from the date of this Order.
IT IS SO ORDERED this 22nd day of August, 2017.

1