SIDNEY A. FITZWATER, United States District Judge.
The court has today filed a memorandum opinion and order granting in part and denying in part the motion for summary judgment of defendant American Airlines, Inc. The court has also given plaintiff Falah M. Hadad 20 days to file a response that establishes that he has a claim under 42 U.S.C. § 1981, since he does not appear to assert a claim for race discrimination that is recognized under § 1981, and national origin discrimination is not actionable under § 1981. The court concludes that the parties should be given additional time to prepare for trial so that they can do so based on today's ruling and on the court's subsequent decision concerning plaintiff's § 1981 causes of action. Accordingly, the court resets the case for trial for the two-week docket of Monday, April 21, 2003.
N.D. Tex. Civ. R. 40.1 provides, "Unless the presiding judge orders otherwise, the granting of a motion for continuance will not extend or revive any deadline that has already expired in a case." Therefore, any relief from an expired deadline must be obtained by motion or agreed order (subject to court approval). Unexpired deadlines based on the prior trial setting, however, are hereby reset so that the parties shall now comply with them on the basis of the new setting.
In view of the court's decision to reset this case on its own initiative, defendant's February 3, 2003 motion for continuance of trial is denied without prejudice as moot.
SO ORDERED.