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LOVELESS v. LEAN

December 19, 2005.

EDWARD LOVELESS ADC #130502, PLAINTIFF
v.
JAMES LEAN, Resource Officer, Pope County Detention Center, et al., DEFENDANTS.



The opinion of the court was delivered by: J. RAY, Magistrate Judge

ORDER

Pending before the Court is Defendants' Motion to Compel and to Extend the Dispositive Motion Deadline. See docket entry #35.*fn1

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.

20051219

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