UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

DANIEL SKIDMORE, 

 Plaintiff, 

 

 

v. Civil Case No. 14-13031 

Honorable Linda V. Parker 

 

ACCESS GROUP, INC., 

EXPERIAN, KENTUCKY 

HIGHER EDUCATION 

STUDENT LOAN CORP., and 

MRS BPO, LLC, 

 Defendants. 

__________________________/

 

OPINION AND ORDER GRANTING DEFENDANT ACCESS GROUP, 

INC.’S “EMERGENCY MOTION TO STAY THE DEADLINE OF TIME 

TO FILE ITS RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY 

JUDGMENT”

 In this action, filed August 4, 2014, Plaintiff Daniel Skidmore (“Plaintiff”) 

claims that Defendants violated state and federal law by failing to properly process 

payments made toward his student loans and then by reporting the loans as unpaid 

to credit reporting agencies. Plaintiff filed a First Amended Complaint on March 

11, 2015. Defendant Access Group, Inc. (“AGI”) and Defendant Kentucky Higher 

Education Student Loan Corp. (“KHESLC”) filed motions to dismiss on March 24 

and 25, 2015, respectively. On October 9, 2015, Plaintiff filed a motion for partial 

summary judgment against AGI (ECF No. 58), at which time AGI’s motion to 

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dismiss remained pending before the Court. AGI therefore filed a motion asking 

the Court to stay the deadline for it to respond to Plaintiff’s motion until 

disposition of AGI’s motions to dismiss. (ECF No. 60.) The Court granted AGI’s 

motion to stay on October 27, 2015, indicating that AGI had twenty-one days from 

the filing of the Court’s decision on AGI’s motion to dismiss to file its response to 

Plaintiff’s summary judgment motion. (ECF No. 62.) On November 4, 2015, the 

Court issued its decision granting in part and denying in part AGI’s motion to 

dismiss. (ECF No. 63.) 

As a result, AGI’s response to Plaintiff’s pending summary judgment motion 

is due on November 30, 2015.1

 On November 19, 2015, AGI filed an “Emergency 

Motion to Stay the Deadline of Time to File its Response to Plaintiff’s Motion for 

Summary Judgment.” (ECF No. 65.) The Court is unclear why AGI requests a 

“stay” and cites to cases relevant to a court’s decision to stay the entire 

proceedings, when all it is seeking is a simple extension of time governed by Rule 

6 of the Federal Rules of Civil Procedure. 

 

1 The Local Rules for the Eastern District of Michigan provide the non-movant 

with twenty-one days to respond to a dispositive motion. E.D. Mich. LR 

7.1(e)(1)(B). However, the Federal Rules of Civil Procedure provide that three 

additional days are added when calculating deadlines for when a party must act 

after service, when service is made by inter alia first class mail. Fed. R. Civ. P. 

6(d). According to the District’s Electronic Filing Policies and Procedures (which 

are an appendix to the local rules), motions served electronically are treated as 

though served by first class mail. E.D. Mich. ECF R. 15. 

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Rule 6 provides in relevant part: 

(1) In General. When an act may or must be done within a specified 

time, the court may, for good cause, extend the time: 

(A) with or without motion or notice if the court acts, or if a 

request is made, before the original time or its extension 

expires; or 

Fed. R. Civ. P. 6(b). AGI establishes good cause for its need for additional time to 

respond to Plaintiff’s motion. According to AGI, it “has been diligently preparing 

its Response”, but needs additional time to finalize and obtain certain supporting 

affidavits which cannot be secured by the filing deadline due to “witnesses’ 

schedules during the week of the Thanksgiving holiday.” (ECF No. 65 ¶ 6.) AGI 

indicates that it will be able to file its response on or before December 16, 2015. 

 Therefore, the Court is GRANTING AGI’s motion for an extension of time 

to file its response brief and the brief is due on or before December 16, 2015. 

SO ORDERED. 

 s/ Linda V. Parker 

 LINDA V. PARKER 

 U.S. DISTRICT JUDGE 

Dated: November 20, 2015 

I hereby certify that a copy of the foregoing document was mailed to counsel of 

record and/or pro se parties on this date, November 20, 2015, by electronic and/or 

U.S. First Class mail. 

 s/ Richard Loury 

 Case Manager 

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