UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
July 20, 2009
JOSEPH KAISER, PLAINTIFF,
DAY & ZIMMERMANN LLC D/B/A/ DAY & ZIMMERMANN SECURITY SERVICES, DEFENDANT.
The opinion of the court was delivered by: Irenas, Senior District Judge
This matter having appeared before the Court upon Plaintiff Joseph Kaiser's letter seeking an extension to file his opposition brief (Dkt. No. 33), and it appearing that:
1. Plaintiff initiated this action by filing a Complaint against Defendant Day & Zimmermann LLC in the Superior Court of New Jersey, alleging wrongful termination in violation of the New Jersey Law Against Discrimination. On May 7, 2008, Defendant removed the action to this Court on grounds of diversity.
2. On June 1, 2009, Defendant moved for summary judgment. (Dkt. No. 27) The Clerk of Court set Defendant's motion as returnable on July 6, 2009, with Plaintiff's opposition to the summary judgment motion due no later than June 22, 2009.
3. Via letter dated June 5, 2009, Plaintiff sought an extension of sixty days to file his opposition to Defendant's motion for summary judgment. (Dkt. No. 28)
4. Via letter dated June 8, 2009, Defendant opposed Plaintiff's request for a sixty day extension. (Dkt. No. 29) Defendant urged the Court to limit Plaintiff to the automatic extension permitted under Local Civil Rule 7.1(d)(5), which would have made Plaintiff's opposition brief due July 6, 2009.
5. On June 9, 2009, the Court verbally authorized an extension until July 22, 2009, for Plaintiff to file his opposition brief to Defendant's motion for summary judgment. The Clerk of Court noted same on the docket.
6. Via letter dated July 17, 2009, Plaintiff seeks "another extension of at least thirty days" to file his opposition brief to Defendant's motion for summary judgment. (Dkt. No. 33) Defendant submitted a letter dated July 20, 2009, opposing Plaintiff's latest extension request. (Dkt. No. 34)
And for good cause shown;
IT IS, on this 20th day of July, 2009,
1. Plaintiff's request for an extension to file his opposition brief (Dkt. No. 33) to Defendant's Motion for Summary Judgment is hereby GRANTED. Plaintiff shall file his opposition brief no later than Friday, August 28th, 2009. Defendant shall file its reply brief, if any, no later than Friday, September 4th, 2009.
2. The parties will appear on Friday, September 18th, 2009, at 11:00 AM in Courtroom 1 of the United States Courthouse in Camden, New Jersey, for oral argument on Defendant's Motion for Summary Judgment.
3. NO FURTHER EXTENSIONS WILL BE GRANTED FOR FILING OF BRIEFS PERTAINING TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. THE SCHEDULED DATE FOR ORAL ARGUMENT ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WILL NOT BE ADJOURNED. ORAL ARGUMENT WILL PROCEED, REGARDLESS OF WHETHER PLAINTIFF AND/OR DEFENDANT SUBMIT BRIEFS BY THE ABOVE-SPECIFIED DATES.
JOSEPH E. IRENAS, S.U.S.D.J.
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