LIEBZEIT v. THURMER

On February 7, 2011, plaintiff Jonathan Liebzeit filed a motion for leave to amend his complaint, along with a proposed amended complaint. I set briefing on plaintiff's motion, giving defendants until February 23, 2011 to file a response. That deadline has passed and defendants have not yet responded to plaintiff's motion. Instead, they have filed a motion for summary judgment. Obviously, I cannot determine whether defendants are entitled to summary judgment until I determine the proper scope of the case. Accordingly, I will stay briefing on defendants' summary judgment motion and give them a short deadline to file a response to plaintiff's motion for leave to amend his complaint.

IT IS ORDERED that

1. Defendants Michael Thurmer and Sam Appau may have until March 8, 2011, to file a response to plaintiff Jonathan Liebzeit's motion for leave to amend his complaint. Plaintiff may have until March 18, 2011, to file a reply.

2. Briefing on defendants' motion for summary judgment is STAYED pending resolution of plaintiff's motion for leave to amend his complaint.

Entered this 1st day of March, 2011.