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Gibson v. Cairo School District No. One

January 12, 2010

JAMES D. GIBSON, PLAINTIFF,
v.
CAIRO SCHOOL DISTRICT NO. ONE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on its own initiative for purposes of case management. While Plaintiff filed a Motion to (Voluntarily) Dismiss (Doc. 45) under Federal Rule of Civil Procedure 41(a)(2), he has since filed a "corrected" version. (See Doc. 46). As such, the Court DENIES as moot his original motion (Doc. 45).

Further, in light of the amended motion's substance and the fact that Plaintiff did not file a response to Defendants' Motion to (Involuntarily) Dismiss (Doc. 39) pursuant to Federal Rule 41(b), the Court STRIKES Plaintiff's amended Motion to Dismiss (Doc. 46) but GRANTS him leave to file said document as a response to Defendants' motion to dismiss by January 22, 2009.*fn1

Upon the filing of Plaintiff's response, Defendants shall have fourteen days to file their reply, if any. See S.D. Ill. 7.1(c). The Court will not accept a sur-reply brief from Plaintiff. Id.

IT IS SO ...


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