ORDER granting 48 Motion to Extend Time to file Proposed Scheduling Order. Joint Proposed Scheduling Order due by no later than 9/14/2022. No further extension will be¶
Pickett v. Texas Tech University Health Sciences Center (TTUHSC) et al, No. 5:20-cv-00232-H-BQ (N.D. Tex.) · Dkt. 50 · 2022-09-06 · PDF
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Case 5050 Filed Page 1 of PageID488 488 Case5:20-cv-00232-H-BV 5:20-cv-00232-H-BVDocument Document Filed09/06/22 09/06/22 Page of 22 PageID IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION AMY PICKETT, § § Plaintiff, § § v. § CIVIL ACTION NO. 5:20-CV-232-H-BQ § TEXAS TECH UNIVERSITY HEALTH § SCIENCES CENTER (TTUHSC), et al., § § Defendants. § ORDER On August 10, 2022, the Court entered an order requiring the parties to submit, no later than August 31, an updated joint proposed scheduling order in accordance with Federal Rules of Civil Procedure 16(b) and 26(f). ECF No. 47. Now before the Court is pro se Plaintiff Amy Pickett's Unopposed Motion for Proposed Scheduling Order Extension, in which she requests a fourteen-day extension to file the required proposal. ECF No. 48. The certificate of conference attached to the motion states that Defendants' counsel does not oppose the request, "as [the parties] are trying to find common ground in submitting a joint proposed schedule." Id. at 2. Despite the pending unopposed motion requesting an extension of time, Defendants filed a unilateral submission on the same day Plaintiff filed the motion, "because no extension was granted prior to the [August 31] deadline."¹ ECF No. 49. Defendant's filing is both unnecessary and not in accordance with the Court's August 10 order, which requires the parties to submit a joint proposal. It is, therefore ¹ The Court observes that Plaintiff filed the motion at 12:58 p.m. CDT on the due date for the proposed scheduling order, and Defendant filed its submission at 5:30 p.m. CDT·a mere 4.5 hours later. Case 5050 Filed Page 2 of PageID489 489 Case5:20-cv-00232-H-BV 5:20-cv-00232-H-BVDocument Document Filed09/06/22 09/06/22 Page of 22 PageID ORDERED that Plaintiff's motion is GRANTED. ECF No. 48. The parties shall submit their joint proposed scheduling order no later than September 14, 2022. No further extensions will be granted. The Court further DIRECTS the Clerk of Court to unfile Defendant's submission. ECF No. 49. SO ORDERED. Dated: September 6, 2022. D. GORDON BRYANT, JR. UNITED STATES MAGISTRATE JUDGE 2