Brenner v. Joseph et al

Filing 66

ORDER granting 63 Motion to Ascertain Status. Signed by Magistrate Judge Joe Brown on 10/25/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CARLA BRENNER
Prison ID 443202,
Plaintiff
v.
CORRECTIONS CORPORATION
OF AMERICA, INC., et al.,
Defendants

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No. 3:11-0307
Judge Haynes/Brown
Jury Demand

O R D E R
A motion to stay was filed at 2:53 p.m. on October 3,
2013. In the Federal Rules of Civil Procedure and the Court’s Local
Rules the responding party has 14 days plus three days to respond,
whether the motion was served by mail or by ECF system.1 A response
was therefore due on October 21, 2013, since the 17th day fell on
a Sunday.
With all due respect, filing a motion to ascertain status
two days after it is due is not appropriate, absent some true
emergency. The Magistrate Judge has a lot of other cases to work on
besides this one. The motion to ascertain status (Docket Entry 63)
is GRANTED. The Magistrate Judge will work on it in due course.
Plaintiff is cautioned that there are motions for summary
judgment

pending

(Docket

Entries

46

and

53),

which

must

be

responded to in the time provided, absent good cause shown. Counsel

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Why the Federal Rules add three days for matters served by
electronic means through the ECF system makes no sense to the Magistrate
Judge, but nevertheless it is the rule (see Rule 6(d)).

will be well advised to direct his attention to these motions,
which are critical to his case.
It is so ORDERED.
/s/
Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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