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DAY v. Grey

United States District Court, D. Maine

July 10, 2018

ROY A. DAY, Plaintiff,
v.
LORNA R. GREY, et al., Defendants.

          CONSOLIDATED ORDER ON PENDING MOTIONS AND STATUS

          JOHN A. WOODCOCK, JR. U.S. DISTRICT JUDGE

         This case is quickly becoming a procedural Gordian knot. In this Order, the Court reviews the procedural status of the various motions and objections and issues some orders in an effort to clear up the confusion.

         The case began simply enough on July 31, 2017 with Mr. Day filing a complaint against Lorna R. Grey, Kenneth Grey (Greys), GEICO General Insurance Company (GEICO), and 21st Centennial Insurance Company (21st Century). Comp. (ECF No. 1). Counsel for the Greys and GEICO entered their appearances on March 28, 2018. Entry of Appe[a]rance on Behalf of Defs. Loran Grey, Kenneth Grey, and GEICO General Ins. Co. (ECF No. 27, 28).

         I. The Motions to Dismiss, to Sever, to Extend Time and to Stay

         A. Background

         On May 1, 2018, 21st Century filed a motion to dismiss the complaint together with a statement of fact in support of the motion. Mot. of Def., 21st Century Centennial Ins. Co., to Dismiss Pl.'s Compl. (ECF No. 30); Def., 21st Century Centennial Ins. Co.'s State of Facts in Support of its Mot. to Dismiss Pl.'s Compl. (ECF No. 31). Also on May 1, 2018, the Greys and GEICO filed a motion to dismiss. Defs. Loran Grey, Kenneth Grey, and GEICO Gen. Ins. Co.'s Mot. to Dismiss Pl.'s Compl. (ECF No. 32). Mr. Day's response to these motions was originally due on May 22, 2018 under District of Maine Local Rule 7(b). On May 18, 2018, Mr. Day filed a motion to extend the time within which to respond to the motions to dismiss. Pl.'s Mot. to Extend Time to File a Resp. to Defs. Lorna Grey, Kenneth Grey, and GEICO General Ins. Co.'s Mot. to Dismiss Pl.'s Compl. (ECF No. 36). Mr. Day requested sixty days to respond to the Greys' and GEICO's motion to dismiss. Id. at 3.

         On the same date, Mr. Day filed a motion to extend time, a motion to sever count five of his Complaint, and a motion to stay proceedings against 21st Century. Pl.'s Mot. to Sever Count “Five” of Pl.'s Compl. from Counts “One Through Five” and a Separate Trial by Jury; Pl.'s Mot. to Stay Proceedings Pursuant to Def. 21st Century Centennial Ins. Co.'s Mot. to Dismiss Pl.'s Compl.; Pl.'s Mot. to Extend Time to File a Resp. to Def. 21st Century Centennial Ins. Co.'s Mot. to Dismiss Pl.'s Compl. (ECF No. 37). Mr. Day requested that his response to the 21st Century motion to dismiss be extended until after a final resolution of Counts One through Four against the Greys and GEICO. Id. at 6.

         On June 8, 2018, the Greys and GEICO objected to the motion to extend time. Defs. Loran Grey, Kenneth Grey, and GEICO General Ins. Co.'s Opp'n to Pl.'s Mot. to Extend Time to File Resp. to Mot. to Dismiss (ECF No. 36) (ECF No. 38). Also on June 8, 2018, 21st Century responded to Mr. Day's May 18, 2018 motions. Resp. of Def., 21st Century Centennial Ins. Co., to Pl.'s Mot. to Sever Count “Five” of the Compl. and for a Separate Trial, Mot. to Stay Proceedings as to Def.'s Mot. to Dismiss or, in the Alternative, Mot. to Extend Time to File a Resp. to Def.'s Mot. to Dismiss Pl.'s Compl. (ECF No. 39).

         On June 15, 2018, Mr. Day replied to both responses. Pl.'s “Resp.” to Defs.' Lorna Grey, Kenneth Grey, and GEICO General Ins. Co.'s “Opp'n” to Pl.'s Mot. to Extend Time to File Resp. to Mot. to Dismiss (ECF NO. 41). Pl.'s “Resp.” to Def., 21stCentury Centennial Ins. Co. in “Opp'n” to Pl.'s Mot. to Sever Count “Five” of the Compl. and for a Separate Trial, Mot. to Stay Proceedings as to Def.'s Mot. to Dismiss Pl.'s Compl. of, in the Alternative, Mot. to Extend Time to File a Resp. to Def.'s Mot. to Dismiss Pl.'s Compl. (ECF No. 42).

         On June 30, 2018, the Magistrate Judge issued a memorandum decision and order on Mr. Day's motions. Memorandum Dec. and Order on Pl.'s Mots. to Extend Time, Sever Counts, Conduct Separate Trial, and Stay Proceedings (ECF No. 43). The Magistrate Judge denied Mr. Day's motions to sever and conduct a separate jury trial on Count Five and to stay the proceedings concerning 21st Century's motion to dismiss. Id. at 1. The Magistrate Judge granted the motion to extend in part and denied it in part, extending the time for Mr. Day to respond to 21st Century's and the Greys and GEICO's motions to dismiss to July 17, 2018. Id. at 1-2.

         On July 9, 2018, Mr. Day filed two objections to the Magistrate Judge's June 30, 2018 order and he filed separate motions to extend time. Pl.'s “Obj.” to Magistrate John H. Rich's “Recidivism” Order Dated June 30, 2018 Pursuant to Pl.'s Mot. to Sever Count “Five” of Pl.'s Compl. from Counts “One Through Four” and a Separate Trial by Jury; Pl.'s “Obj.” to Magistrate John H. Rich's “Recidivism” Order Dated June 30, 2018 Pursuant to Pl.'s Mot. to Stay Proceedings Pursuant to Def. 21st Century Centennial Ins. Co.'s Mot. to Dismiss Pl.'s Compl.; Pl.'s “Second” Mot. to Extend Time to File a Resp. to Def. 21st Century Centennial Ins. Co.'s Mot. to Dismiss Pl.'s Compl. (ECF No. 45) (Day Obj. and Mot. 21st Century).

         On the same day, he filed another objection and motion to extend, this time related to the Greys and GEICO. Pl.'s “Obj.” to Magistrate John H. Rich's “Recidivism” Order Dated June 30, 2018 Pursuant to Pl.'s Mot. to Extend Time to File a Resp. to Defs. Lorna Grey, Kenneth Grey, and GEICO General Ins. Co.'s Mot. to Dismiss Pl.'s Compl.; Pl.'s “Second” Mot. to Extend Time to File a Resp. to Defs. Lorna Grey, Kenneth Grey, and GEICO General Ins. Co.'s Mot. to Dismiss Pl.'s Compl. (ECF No. 47) (Day Obj. and Mot. Greys and GEICO).

         In addition to objecting to the Magistrate Judge's order, Mr. Day moved to extend the time within which to respond to 21st Century's motion to dismiss “to a time in the future after this court has ruled on Defendant GEICO General Insurance Company's motion to dismiss.” Day Obj. and Mot. 21st Century at 16. He writes that he will need “a minimum of one hundred days to perform legal research and file numerous pleadings in reference to Defendant “21st CCIC's” motion to dismiss.” Id. Mr. Day made a motion to extend the time within which he must respond to the Greys' and GEICO's motion to dismiss for sixty days. Day Obj. and Mot. Greys and GEICO at 26.

         B. ...


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