Chang et al v. Virgin Mobile USA LLC et al

Filing 50

ORDER granting 46 Third Motion to Extend the Deadline to Respond to Defendant's Motion to Dismiss. Responses due by 7/24/2008. (see order) (Signed by Judge Sidney A Fitzwater on 5/27/2008) (axm)

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Chang et al v. Virgin Mobile USA LLC et al Doc. 50 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SUSAN CHANG, as Next Friend of ALISON CHANG, a Minor, et al., Plaintiffs, VS. VIRGIN MOBILE USA, LLC, et al., Defendants. Civil Action No. 3:07-CV-1767-D ORDER Plaintiffs' May 7, 2008 third motion to extend the deadline to respond to defendant's motion to dismiss is granted, and the response must be filed no later than July 24, 2008.1 In granting this relief, the court suggests no view on the substantive merits of the arguments presented in plaintiffs' motion. The court has only determined that plaintiffs should be given the 45-day period requested to conduct the discovery that they seek.2 SO ORDERED. May 27, 2008. _________________________________ SIDNEY A. FITZWATER CHIEF JUDGE As permitted by N.D. Tex. Civ. R. 7.1(f), the court in its discretion is deciding this motion prior to receipt of a reply brief. See Solomon v. Godwin & Carlton, P.C., 898 F. Supp. 415, 416 n.2 (N.D. Tex. 1995) (Fitzwater, J.) (applying former Local Rule 5.1(f)). 1 The Civil Justice Expense and Delay Reduction Plan adopted by this court provides that "[e]ach judge will continue to give priority to the monitoring and resolution of pending motions." Plan at XI(2), reprinted in Texas Rules of Court: Federal at 284 (West Pamp. Supp. 2008). To eliminate undue delay and unnecessary expense to the parties to this and other civil actions pending on the court's docket, and because the court has determined that the motion is suitable for resolution in this manner, the court is deciding this motion by order rather than by a more detailed memorandum opinion. 2

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