Davis v. Wilson County, Tennessee

Filing 57

ORDER denying 33 Motion To Deny Defendant's Second Motion to Dismiss as Untimely. Granting 38 Motion to Strike or Disregard. The Court shallnot consider matters outside the pleadings, particularly where those matters are factually disputed. Granting 43 Motion for Extension of Time to File Response to Motion to Dismiss. Signed by District Judge Todd J. Campbell on 7/26/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

HAROLD B. DAVIS
v.
WILSON COUNTY, TENNESSEE

)
)
) NO. 3-13-0238
) JUDGE CAMPBELL
)

ORDER

Pending before the Court are Defendant’s Motion to Dismiss (Docket No. 29), Plaintiff’s
Motion to Deny Defendant’s Motion to Dismiss as Untimely (Docket No. 33), Plaintiff’s Motion
to Strike or Disregard EEOC Charge as Exhibit to Defendant’s Motion to Dismiss (Docket No. 38),
and Defendant’s Motion for Extension of Time (Docket No. 43).
Defendant’s Motion for Extension of Time (Docket No. 43) is GRANTED, and Plaintiff’s
Motion to Deny Defendant’s Motion to Dismiss as Untimely (Docket No. 33) is, in the Court’s
discretion, DENIED. Plaintiff has failed to show sufficient prejudice to deny Defendant’s Motion
for Extension of Time and allow Defendant’s Motion to Dismiss to be considered timely filed.
Plaintiff’s Motion to Strike or Disregard (Docket No. 38) is GRANTED. The Court shall
not consider matters outside the pleadings, particularly where those matters are factually disputed.
Plaintiff shall respond to Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint by
August 16, 2013. Defendant may file any Reply by August 30, 2013.
IT IS SO ORDERED.
___________________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE