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Henderson v. Potter

August 7, 2006

GERMAN E. HENDERSON, PLAINTIFF,
v.
JOHN POTTER, POSTMASTER GENERAL, DEFENDANT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

District Judge Thomas M. Rose

ORDER REVISING SCHEDULE AND WITHDRAWING REPORT AND RECOMMENDATIONS

This case came on for scheduling conference in open court at 9:30 a.m. on Monday, August 7, 2006. Plaintiff participated in person and the Defendant was represented by Assistant United States Attorney Gregory Dunsky.

The United States has now responded to all of Plaintiff's discovery requests and Plaintiff will seek no additional discovery in the case. The only discovery sought by the United States is Plaintiff's deposition which was set in open court for the United States Attorney's office at 9:30 a.m. on October 4, 2006. Since the discovery cut-off has now passed, no other discovery may be taken in the case, except for Plaintiff's deposition.

The dispositive motion deadline is extended to and including November 1, 2006. A trial date will be set by Judge Rose's office after decision on the summary judgment motion, if it is denied.

The Magistrate Judge's prior Report and Recommendations (Doc. No. 19) is withdrawn. Should Plaintiff fail to appear for or proceed with the deposition, he will be subject to sanctions which may include dismissal of the case.

Michael R. Merz Chief United States Magistrate Judge

20060807

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