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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

DONNA L. ISLER,

Plaintiff,

v. CASE NO. 1:10-cv-00178-MP-GRJ

BANKERS LIFE AND CASUALTY COMPANY,

Defendant.

_____________________________/

O R D E R

This matter is before the Court on Doc. 35, plaintiff's Motion for Reconsideration

of the order at Doc. 33, which denied her untimely motion for extension of time. The

defendant responded (Doc. 37), opposing the motion for reconsideration. 

Under N.D. Fla. Loc. R. 7.1(C), a party must respond to a motion, including a

motion for summary judgment, within 14 days. Additionally under N.D. Fla. Loc. R. 6.1,

no extension of time, even if agreed to, is effective until "approved by the court for good

cause shown." Finally, N.D. Fla. Loc. R.56.1 provides the following:

Motions for summary judgment will be taken under advisement by the

court twenty-one (21) calendar days after the motion is filed or seven (7)

calendar days after the responsive memorandum is required to be filed

under N.D. Fla. Loc. R. 7. 1(C)(1), whichever is later, unless the court

specifically sets the motion for hearing or sets a different advisement date.

Parties are required to file and serve affidavits and any other documents

or materials authorized to be filed under the Federal Rules of Civil

Procedure prior to the advisement date. Only those documents and

evidentiary materials in the record prior to the advisement date will be

considered in ruling on the motion. 

Note: The advisement procedures for filing evidentiary material do not

alter the requirements and time limits for filing responsive memoranda

under Local Rule 7.1.

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In other words, the time for filing a responsive memorandum passed 14 days after the

filing of the motion for summary judgment, but the time for filing evidentiary materials

opposing summary judgment passes on the date the Court takes the motion for

summary judgment under advisement. 

The Court hereby takes the motion for summary judgment under advisement,

and specifically sets today as the advisement date. Since the proposed responsive

memorandum was untimely, and plaintiff still has not shown good cause for the

untimeliness, the motion for reconsideration is denied. The Court will not consider the

arguments raised in the proposed response filed at Doc. 36. However, in resolving the

motion for summary judgment, the Court will consider the evidentiary materials attached

to the proposed responsive memorandum at Doc. 36 as Exhibits A and B.

Accordingly, it is ORDERED that:

1. The Motion for Reconsideration (Doc. 35) is denied, and the Court will not

consider the arguments raised in Doc. 36.

2. The Court takes the motion for summary judgment (Doc. 29) under

advisement and will consider all documents and evidentiary materials in the record prior

to the advisement date in ruling on the motion for summary judgment.

DONE AND ORDERED this 27th day of October, 2011. 

áBZtÜç eA ]ÉÇxá 

GARY R. JONES

United States Magistrate Judge

Case No: 1:10-cv-00178-MP-GRJ

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