IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
May 26, 2009
ENBRIDGE PIPELINES (ILLINOIS) L.L.C., PLAINTIFF,
JOSEPH E. BURRIS AND SALLIE J. BURRIS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: David R Herndon Chief Judge United States District Court
HERNDON, Chief Judge
On April 30, 2009, this Court consolidated the above-listed three cases into the current case number of 08-cv-697-DRH-CJP (Doc. 34). Shortly thereafter, defendants Joseph Burris and Sallie Burris (the "Burris Defendants") filed a Motion for Extension of Time to File Response to Plaintiff's Motion for Summary Judgment (Doc. 35). Plaintiff's Motion for Summary Judgment (Doc. 32), was filed prior to the consolidation and pertains only to the initial pre-consolidated case number 08-cv-697 and the Burris Defendants. Upon consolidating the three cases, the Court also ordered that the newly-consolidated case adopt the Track B discovery setting and presumptive trial date,*fn1 thereby vacating the originally-assigned Track A discovery setting and presumptive trial date (Doc. 34).
Defendants' original response deadline is currently May 26, 2009. However, due to the consolidation and the resetting of the scheduling tracks on this case, the Burris Defendants seek an extension of time to respond so that they may continue to conduct discovery, as allowed by the newly-adopted scheduling order. Plaintiff opposes the Burris Defendants' Motion (Doc. 36), arguing that there is no adequate reason why another 120 to 150 days' extension of time should be allowed, adding that any lack of discovery is due to the fault of the Burris Defendants themselves.
Regardless of the Parties' arguments, due to the consolidation of these three matters, for consistency's sake, the Court hereby GRANTS the Burris Defendants' Motion for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment (Doc. 35). Accordingly, as the close of discovery deadline is September 8, 2009 (see Case 08-cv-841, Doc. 28) , the Burris Defendants shall have thirty (30) days or until October 9, 2009, to file their Response to Plaintiff's Motion for Summary Judgment (Doc. 32).
IT IS SO ORDERED.
Signed this 26th day of May, 2009.