Alvion Properties, Inc. et al v. Weber et al

Filing 615

ORDER: Plaintiffs and defendants Weber and Chauveau have recently filed several motions seeking extensions of certain pretrial deadlines 581 , 605 , 610 and 614 . As explained below, these motions are GRANTED to the extent providedin this order, but otherwise are DENIED. The deadline for filing a response to any dispositive motion is EXTENDED to and including 8/30/2012. Defendants' Emergency Renewed Motion To StayProceedings 589 is DENIED. Signed by Magistrate Judge John S. Bryant on 8/6/12. (SEE ORDER FOR OTHER DETAILS) (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ALVION PROPERTIES, INC., SHIRLEY)
K. MEDLEY, and HAROLD M.
)
REYNOLDS,
)
)
Plaintiffs,
)
)
v.
)
)
BERND H. WEBER, RAYMONDE WEBER, )
CLAUDE J. CHAUVEAU, AMERICAN
)
GULF FINANCE CORP., ALVION
)
PARTNERS, LLC, AGF REALTY
)
SOLUTIONS, INC., TIMEDATA
)
HOLDINGS, LLC,
)
)
Defendants.
)
)
BERND H. WEBER, CLAUDE J.
)
CHAUVEAU,
)
)
Counter-Claimants,
)
)
Harold M. Reynolds, Shirley K. )
Medley, Donald M. Medley,
)
Farmers State Bank Of Alto Pass,)
Brad Henshaw, Allain de la
)
Motte, Elizabeth Melland,
)
Robert M. West, Melland Group, )
LLC,
)
Counter-Defendants.
)

NO. 3:08-0866
Judge Sharp/Bryant
Jury Demand

O R D E R
Plaintiffs
recently

filed

and

several

defendants
motions

Weber

seeking

and

Chauveau

extensions

of

have

certain

pretrial deadlines (Docket Entry Nos. 581, 605, 610 and 614).

As

explained below, these motions are GRANTED to the extent provided
in this order, but otherwise are DENIED.
The District Judge has set this case for trial beginning
on

December

11,

2012

(Docket

Entry

No.

544).

Local

Rule

16.01(d)(2)f

provides

that

any

dispositive

motion

deadline,

including deadlines for the filing of response and reply briefs,
shall be at least 90 days in advance of the trial date.

The

undersigned Magistrate Judge lacks the authority to set deadlines
in violation of this local rule.

Given this limitation imposed by

the trial date, the undersigned Magistrate Judge GRANTS these
parties’ motions seeking extensions of deadlines as follows:
The deadline for filing a response to any dispositive
motion is EXTENDED to and including August 30, 2012.

An optional

reply, limited to 5 pages, may be filed within 14 days of the
filing of the response, and, in any event, no later than September
13, 2012.
Finally, defendants Weber and Chauveau have filed their
“Emergency Renewed Motion To Stay Proceedings” (Docket Entry No.
589), by which they seek an order staying further discovery in this
case because their dispositive motions then pending, if granted,
would result in dismissal of this action.
In general, a stay of discovery based upon the pendency
of a dispositive motion is not favored in this Court, unless
specifically authorized by Rule 26(d) of the Federal Rules of Civil
Procedure.

See Local Rule 16.01(e)(1).

In any event, it appears

that remaining deadlines for completing discovery have expired.
Accordingly,

defendants’

Emergency

Renewed

Proceedings (Docket Entry No. 589) is DENIED.
2

Motion

To

Stay

It is so ORDERED.
s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

3