Reed v. Lincare Inc

Filing 48

ORDER that Reed's request for an extension of time to complete discovery (ECF No. 44) is GRANTED; Discovery due by 5/26/2012, Dispositive Motions due by 6/26/2012. Signed by Judge Rudolph T Randa on 03/06/2012. (cc: all counsel; via US Mail to Melvin D Reed)(Koll, J)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MELVIN D. REED,
Plaintiff,
v.

Case No. 11-C-221

LINCARE, INC.,
Defendant.

DECISION AND ORDER

This Decision and Order addresses pro se Plaintiff Melvin D. Reed’s (“Reed”)
request for a minimum two-month extension of the March 26, 2012, deadline for the
completion of discovery. Defendant Lincare, Inc. (“Lincare”) opposes the motion contending
that Reed has not established “good cause” for the modification of the Court’s scheduling
order.
Although the action was filed on March 1, 2011, no Rule 16 scheduling order
was issued until January 26, 2012, – the date of the Court’s Decision and Order resolving
Lincare’s motion for summary judgment and for sanctions. In establishing the schedule, the
Court did not request updated input from the parties in setting the deadlines for discovery and
the filing of dispositive motions.
However, the Court referred to the Rule 16(f) report filed by Lincare on August
12, 2011. Reed did not join in that report or file his own report.

Reed’s letter request for an extension of time raises Reed’s other obligations
including a 3-day administrative hearing in late February 2012, and his ill health – including
a February 22, 2012, hospital emergency department visit. The circumstances presented
establish good cause for the requested extension of time. Therefore, Reed’s request is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
Reed’s request for an extension of time to complete discovery is (ECF No. 44)
is GRANTED;
All requests for discovery must be served by a date sufficiently early so that all
discovery in this case can be completed no later than May 26, 2012. Neither the pendency
of motions nor settlement discussions will affect any of the dates set in this action, and neither
will justify delays in the taking of discovery; and
Dispositive motions must be filed on or before June 26, 2012. When a motion
for summary judgment is filed electronically utilizing the Court’s Electronic Case Filing
system, counsel and the pro se Plaintiff must also provide this Chambers with a paper copy of
the motion, and all accompanying briefs and papers.
Dated at Milwaukee, Wisconsin, this 6th day of March, 2012.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge
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