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Justice v. King

October 27, 2009

JOHN D. JUSTICE, PLAINTIFF,
v.
TERRY KING, ET AL. DEFENDANTS.



The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

DECISION and ORDER

INTRODUCTION

Siragusa, J.

Before the Court are the following motions: Docket No. 41 - MOTION to Certify Class;

Docket No. 51 - MOTION for Default Judgment;

Docket No. 53 - MOTION to Strike;

Docket No. 57 - MOTION for relief from the Court's prior orders;

Docket No. 62 - MOTION to Strike;

Docket No. 67 - MOTION to Dismiss (Rule 12(b)(6))

Docket No. 71 - MOTION for Default Judgment as to Ronald H. Tills;

Docket No. 79 - MOTION to Strike;

Docket No. 82 - MOTION to Disqualify Counsel; and

Docket No. 98 - Motion for Miscellaneous Relief re [97] Order.

Of the ten pending motions, only Docket No. 67, the motion to dismiss, was filed by Defendants. This decision addresses only Docket No. 98. In that application, Plaintiff requests that the Court overrule an order entered by U.S. Magistrate Judge Marion W. Payson, to whom the case has been referred for all non-dispositive pretrial matters. In her order (Docket No. 97), Judge Payson denied Plaintiff's request to postpone the scheduled Federal Rule of Civil Procedure 16 conference. The conference had been scheduled for June 4, 2009, and adjourned to July 1, 2009, then adjourned to July 29, 2009, then to August 25, 2009, then to October 21, 2009, then to October 22, 2009. The docket indicates that the adjournment from ...


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