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Reese v. Army Fleet Support, LLC

United States District Court, M.D. Alabama, Northern Division

March 21, 2018

KENNETH REESE, Plaintiff,
v.
ARMY FLEET SUPPORT, LLC Defendant.

          MEMORANDUM OPINION AND ORDER

          TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE

         This action is assigned to the undersigned magistrate judge to conduct all proceedings and order entry of judgment by consent of all the parties pursuant to 28 U.S.C. § 636(c). See Doc. 31. Pending before the Court is the Defendant's Motion for Leave to File Dispositive Motion (Doc. 28, filed 3/6/18). Plaintiff timely filed his response in opposition (Doc. 30, filed 3/7/18). After a review of the motion, response, and relevant law, the Court DENIES the motion for leave to file a dispositive motion at this late stage.

         I. BACKGROUND

         As the dates and deadlines are what are at issue, the Court provides a chronology of the pertinent dates when considering the Defendant's motion.

• April 4, 2016 - Kenneth Reese (“Reese” or “Plaintiff”) filed this lawsuit. See Doc. 1.
• June 6, 2016 - Army Fleet Support, LLC (“AFS” or “Defendant”) filed its Answer. See Doc. 5.
• June 24, 2016 - Report of Parties' Planning Meeting filed in accordance with Fed.R.Civ.P. 26(f). See Doc. 8.
• July 1, 2016 - the Court entered its Uniform Scheduling Order. See Doc. 12.
• January 10, 2017 - Due to a change in its schedule, the Court sua sponte amended the scheduling order to adjust the pretrial date, trial date, and filing corresponding witness list, deposition designations, and exhibit lists.
• February 9, 2017 - The parties filed a joint motion to extend deadlines. See Doc. 14. This included several discovery deadlines, the dispositive motions deadline, and the pretrial/trial dates. The parties proposed a new discovery deadline of July 21, 2017 and dispositive motions deadline of August 20, 2017. They also proposed a pretrial conference on January 2, 2018 and a trial on February 5, 2018. Id.
• February 13, 2017 - The Court granted the joint motion with modifications and entered an Amended Uniform Scheduling Order. See Doc. 15. Specifically, the Court set slightly later deadlines based on the Court's trial calendar as no February 2018 trial term existed. Therefore, the Court set the trial date for April 16, 2018 and deadlines adjusted to that trial date. As such, the discovery cut-off was set at September 8, 2017 and the dispositive motions deadline was October 9, 2017.
• September 8, 2017 - discovery deadline
• October 9, 2017 - dispositive motions deadline
• March 6, 2018 - Defendant files motion for leave to file ...

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