Castro v. Entrepreneur Media, Inc.

Filing 72

ORDER GRANTING 71 Motion for Extension of Time to File Response. Signed by Judge Andrew W. Austin. (dm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

DANIEL R. CASTRO
VS.
ENTREPRENEUR MEDIA, INC.

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NO. A-10-CA-695 LY

ORDER
Before the Court is the Emergency Motion for Short Extension of Deadline to File and Serve
Reply Brief in Support of Motion to Dismiss (Clerk’s Doc. No. 71). The Defendants request through
the motion an extension of two days1 to file a reply to the five responses submitted by the Plaintiff
to the Defendant’s motion to dismiss. The e-mail exchange attached to the motion sets forth the
basis for the Plaintiff’s refusal to agree to this extension. In short, the Plaintiff states that he would
not agree to the extension because the Defendant reneged on an oral agreement apparently reached
during a mediation.
This is a matter that attorneys licensed to practice before this Court should not take up a
judge’s time with. A two-day extension is trivial, and withholding agreement to it out of anger about
a failed settlement is unprofessional, particularly when the responsive briefing is over 70 pages long.
The Court expects more of the Plaintiff. The docket of this district is extremely busy, and contesting
matters that should be agreed upon only exacerbates the problem.
ACCORDINGLY, Defendant’s Emergency Motion for Short Extension of Deadline to File
and Serve Reply Brief in Support of Motion to Dismiss (Clerk’s Doc. No. 71) is GRANTED, and
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The motion requests an extension until August 17, 2011, and states that the response is due
on August 12, 2011. In fact, the response is not due until August 15, 2011, as the Defendant’s
calculation of the deadline failed to include the three additional days for electronic service provided
by FED . R. CIV . P. 6(d).

the Defendant shall have until August 17, 2011 to file its reply in support of its notion to dismiss.
SIGNED this 15th day of August, 2011.

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ANDREW W. AUSTIN
UNITED STATES MAGISTRATE JUDGE

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