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Tamara D. Amick v. Christal G. Perry
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
TAMARA D. AMICK,
Plaintiff,
v. CIVIL ACTION NO. 2:25-cv-00549 CHRISTAL G. PERRY, et al., Defendants.
ORDER
Pending is Defendants Christal G. Perry and Mark Hunt's Motion for Leave to File Motion for Summary Judgment, [ECF No. 33]. Plaintiff Tamara D. Amick did not respond.1The matter is ripe for adjudication.
Pursuant to Federal Rule of Civil Procedure 6(b)(1)(B), "[w]hen an act must be done within a specified time, the court may, for good cause, extend the time: . . . on motion made after the time has expired if the party failed to act because of excusable neglect." Fed. R. Civ. P. 6(b)(1)(B). "A court may grant a motion for extension of time that is made after a filing deadline has passed only if the movant 'failed to act because of excusable neglect.'" Case v. Beasley, 167 F.4th 651, 664 (4th Cir. 2026) (quoting Fed. R. Civ. P. 6(b)(1)(B)); see also In re Am. Nurses Ass'n, 643 F. App'x 310, 313 (4th Cir. 2016) ("Where a deadline to file a motion has elapsed, . . . the time-delinquent party [must] . . . demonstrate[] excusable neglect for the delay." (citing Fed. R. Civ. P. 6(b)(1)(B)). The court considers the following factors: "[(1)] the danger of prejudice [to the other party], [(2)] the length of the delay and its potential impact on judicial proceedings, [(3)]
1 Although Plaintiff did not respond, Plaintiff urges the Court to deny the instant motion within Plaintiff's response in opposition to Defendants Perry and Hunt's Motion for Summary Judgment. See [ECF No. 37, at 11]. Case 2:25-cv-00549 Document 38 Filed 08/25/26 Page 1 of 3 PageID #: 753
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the reason for the delay, including whether it was within the reasonable control of the movant, and [(4)] whether the movant acted in good faith." In re MI Windows & Doors, Inc., Prods. Liab. Litig.,
860 F.3d 218, 226 (4th Cir. 2017) (quoting Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395 (1993)); see also In re Am. Nurses Ass'n, 643 F. App'x at 313 (quoting Pioneer Inv. Serv. Co., 507 U.S. at 395)).
The court construes the Motion for Leave to File Motion for Summary Judgment, [ECF No. 33], as a motion to extend time to file pursuant to Rule 6(b). In considering whether the failure to act was the result of "excusable neglect," "[t]he most important . . . factor[] . . . is the reason for the delay." Justus v. Clarke, 78 F.4th 97, 108 (4th Cir. 2023) (quoting Thompson v. E.I. DuPont de Nemours & Co., 76 F.3d 530, 534 (4th Cir. 1996)) (internal quotation marks omitted). The motion filed by Defendants Perry and Hunt identifies the delay as "minimal," not likely to result in prejudice, not likely to affect the "orderly progression of th[e] case," and notes judicial economy would be served by granting the motion. However, Defendants Perry and Hunt give no reason for the delay. See generally [ECF No. 33]. "[E]xcusable neglect may extend to inadvertent delays"
and "is a somewhat 'elastic concept' . . . not limited strictly to omissions caused by circumstances beyond the control of the movant." In re Am. Nurses Ass'n, 643 F. App'x at 313 (quoting Pioneer Inv. Serv. Co., 507 U.S. at 392) (internal quotation marks omitted); see also In re MI Windows & Doors, Inc., Prods. Liab. Litig., 860 F.3d at 226 (same). And although the factors otherwise support granting the motion, I will not grant the motion without a reason for the delay. Accordingly, the Motion for Leave to File Motion for Summary Judgment, [ECF No. 33], is
DENIED without prejudice. The Motion for Summary Judgement, Memorandum of Law in Support, and Memorandum of Law in Opposition, [ECF Nos. 34-35, 37], are hereby STRICKEN
from the docket. Case 2:25-cv-00549 Document 38 Filed 08/25/26 Page 2 of 3 PageID #: 754
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The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.
The court further DIRECTS the Clerk to post a copy of this published order on the court's website, www.wvsd.uscourts.gov.
ENTER: August 25, 2026
Case 2:25-cv-00549 Document 38 Filed 08/25/26 Page 3 of 3 PageID #: 755
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