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Simpson v. Busby

November 14, 2006

JIMMIE SIMPSON, ADC #092157 PLAINTIFF
v.
DICK BUSBY, SHERIFF OF CRITTENDEN COUNTY, ET AL. DEFENDANTS



ORDER

This case is currently scheduled to proceed to an Evidentiary Hearing on December 5, 2006. See docket entry #60. Defendants have filed a Motion for Summary Judgment, which is currently pending before the Court. See docket entry #67. On November 8, 2006, the Court entered an Order giving Plaintiff, who is represented by counsel, until November 20, 2006, to file a Statement of Disputed Facts that complies with the Court's prior instructions. See docket entry #77.

Given this new deadline, it will be impossible for the Court to review the summary judgment papers, issue a Recommended Disposition, give the parties eleven days to file any Objections thereto, and have the District Judge rule on the matter before the December 5, 2006 Evidentiary Hearing. Accordingly, the Court will cancel the December 5, 2006 Evidentiary Hearing and reschedule it, if necessary, after the Motion for Summary Judgment is resolved.

IT IS THEREFORE ORDERED THAT the December 5, 2006 Evidentiary Hearing is CANCELED, and the remaining deadlines imposed in the Second Amended and Final Scheduling Order (docket entry #60) are VACATED.

Dated this 14th day of November, 2006.

20061114

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