The opinion of the court was delivered by: J. RAY, Magistrate Judge
Pending before the Court is Defendants' Motion to Compel and to
Extend the Dispositive Motion Deadline. See docket entry
On October 21, 2005, the Court entered an Order giving
Plaintiff a thirty-day extension to prepare his Answers to
Defendants' Interrogatories and allowing the parties sixty days
to file any dispositive motions. See docket entry #24. On
November 21, 2005, the Court entered an Order that denied
Plaintiff's request for a second extension to prepare his Answers
to Defendant's Interrogatories and refused to grant his motion
for appointment of counsel. See docket entry #31. In that
Order, the Court explained that the attorney/client privilege was
Plaintiff's only basis for objecting to any of Defendants'
interrogatories and that he must answer each of those
interrogatories to the best of his personal knowledge. Id.
On December 16, 2005, Defendants filed the pending Motion in
which they state that, because they still have not received
Plaintiff's Answers to their Interrogatories, it is impossible
for them to meet the December 21, 2005 deadline for filing their
dispositive motions. See docket entry #35. Accordingly, they move to compel Plaintiff to provide them
with his Answers to their Interrogatories and to extend the
dispositive motion deadline.
Importantly, on December 8, 2005, Plaintiff appealed this
Court's November 21, 2005 Order denying him a second request for
extension of time to answer Defendants' Interrogatories and
refusing to grant his request for appointment of counsel. See
docket entry #33. That appeal is now pending before United States
District Judge James M. Moody.*fn2
The Court concludes that, absent his obtaining relief from
Judge Moody, Plaintiff must file and serve full and complete
answers to each of Defendants' interrogatories on or before
January 20, 2006. Additionally, the Court concludes that the
deadline for filing dispositive motions should be extended until
February 21, 2006.
Plaintiff has until and including January 20, 2006, to obtain a
ruling from Judge Moody on his Appeal and, if necessary, to file
his Answers to Defendants' Interrogatories. If Plaintiff does not
obtain a ruling from Judge Moody, or Judge moody denies his
appeal, Plaintiff must file his Answers to Defendant's
Interrogatories on or before January 20, 2006.*fn3 If
Plaintiff fails to do so, this case will be dismissed, without
prejudice, pursuant to Local Rule 5.5(c)(2).*fn4 IT IS THEREFORE ORDERED THAT:
1. Defendants' Motion to Compel and to Extend the Dispositive
Motion Deadline (docket entry #35) is GRANTED.
2. Plaintiff shall file his Answers to Defendants'
Interrogatories on or before January 20, 2006.
3. The deadline for filing dispositive motions is extended
until February 21, 2006.
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