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FEDERAL DEPOSIT INSURANCE CORPORATION v. PORTER-SHIRLEY, 1:11cv73. (2012)

Court: District Court, W.D. North Carolina Number: infdco20120308b61 Visitors: 7
Filed: Mar. 07, 2012
Latest Update: Mar. 07, 2012
Summary: ORDER DENNIS L. HOWELL, Magistrate Judge. Pending before the Court is the Motion for Reconsideration [# 16]. The summary judgment deadline in this case expired on November 18, 2011. On December 2, 2011, the parties filed a motion requesting that the Court extend the deadline and allow Plaintiff to file an untimely summary judgment motion. The Court denied the motion without prejudice. (Order, Dec. 13, 2011.) Over two month later, Plaintiff requests that the Court reconsider its prior Order an
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ORDER

DENNIS L. HOWELL, Magistrate Judge.

Pending before the Court is the Motion for Reconsideration [# 16]. The summary judgment deadline in this case expired on November 18, 2011. On December 2, 2011, the parties filed a motion requesting that the Court extend the deadline and allow Plaintiff to file an untimely summary judgment motion. The Court denied the motion without prejudice. (Order, Dec. 13, 2011.) Over two month later, Plaintiff requests that the Court reconsider its prior Order and allow it leave to file a summary judgment motion out of time.

Upon a review of the record, the Court DIRECTS the parties to appear for a Pretrial Conference on April 5, 2012, at 10:30 a.m. in Courtroom 2 at the United States District Court Western District of North Carolina, Asheville Division, 100 Otis Street, Asheville, North Carolina. The Court INSTRUCTS David R. Payne, Esq. that he is still counsel of record for Defendants in this case and DIRECTS him and the defendant to appear for the Pretrial Conference. Mr. Payne will not be required to appear if he is allowed to withdraw prior to the date of the conference. The Court will allow Mr. Payne five (5) days from the entry of this Order to file a renewed Motion to Withdraw. The Court will deny the motion if it fails to comply with the Local Rules or fails to set forth good cause for his withdrawal. At the Pretrial Conference, the Court will consider Plaintiff's Motion for Reconsideration, however, the Court ADVISES the parties that they should be prepared to start trial in this matter on April 16, 2012.

Source:  Leagle

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