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Steven Burnett v. City of Herrin

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


December 21, 2010

STEVEN BURNETT, PLAINTIFF,
v.
CITY OF HERRIN, ILLINOIS, 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 Defendants' Response (Doc. 56) to the Court's Memorandum and Order to Show Cause (Doc. 51) of December 3, 2010. The Court entered said order upon Defendants' failure to timely respond to Plaintiff's Motion in Limine (Doc. 37).

Motions in limine are typically filed when a definitive trial date draws near. This Court's usual course of action is to take up motions in limine at the final pre-trial conference or the morning of the first day of trial. In light of these realities, the Court is satisfied with Defendants' explanation and believes that Defendants had good cause for not timely responding to Plaintiff's motion. Nevertheless, while Plaintiff's motion is premature, this does not change the fact that Defendants should have timely filed a response thereto or promptly sought a stay on the motion's briefing. In the future, any such non-responsiveness shall be construed as an admission of the merits of the motion.

Being fully advised of the premises, the Court DISCHARGES its Memorandum and Order to Show Cause (Doc. 51). Defendants shall have up to and including 30 days before the date of the final pre-trial conference to file their response to the aforementioned motion. Plaintiff shall file his reply, if any, within 14 days of said response.

IT IS SO ORDERED.

20101221

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