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Whiting in City of v. Whitney Bailey Cox Magnani Llc

BRIEF in Support of 54 RULE 56 MOTION to Strike 50 MOTION for Summary Judgment and to Hold Summary Judgment Proceeding in Abeyance Pending Resolution of the Motion to Strike

17 Cited authorities

  1. Pioneer Investment Services Company v. Brunswick Associates Limited Partnership

    507 U.S. 380 (1993)   Cited 7,694 times   14 Legal Analyses
    Holding that clients must be held accountable for the acts and omissions of their attorneys

  2. Tschantz v. McCann

    160 F.R.D. 568 (N.D. Ind. 1995)   Cited 235 times
    Finding a lack of good cause

  3. Spears v. City of Indianapolis

    74 F.3d 153 (7th Cir. 1996)   Cited 205 times
    Holding that district court did not abuse its discretion in denying motion for one day extension of time for response to motion for summary judgment

  4. Robb v. Norfolk & Western Railway Co.

    122 F.3d 354 (7th Cir. 1997)   Cited 189 times
    Holding that district court had discretion to consider attorney's overall record of compliance with court rules and deadlines in deciding Rule 60(b) motion

  5. Brosted v. Unum Life Ins. Co. of America

    421 F.3d 459 (7th Cir. 2005)   Cited 128 times
    Holding that a party requesting an extension of time to complete discovery after the deadline is required to show excusable neglect

  6. Rosario-Diaz v. Gonzalez

    140 F.3d 312 (1st Cir. 1998)   Cited 148 times
    Holding that case management-related decisions are generally reviewed for an abuse of discretion

  7. Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Stop Treaty Abuse-Wisconsin, Inc.

    991 F.2d 1249 (7th Cir. 1993)   Cited 119 times
    Concluding "`[p]ersonal' knowledge of evidentiary facts means `extrajudicial'"

  8. In the Matter of Plunkett

    82 F.3d 738 (7th Cir. 1996)   Cited 69 times
    Finding that it was not excusable neglect to allow the party to amend its proof of claim where the attorney notified the court of its security interest and failed to take further action because the attorney's inaction was not based on any interpretation or plausible misinterpretation of the laws

  9. Commodity Futures Trading v. Lake Shore Asset

    646 F.3d 401 (7th Cir. 2011)   Cited 34 times   1 Legal Analyses
    In Lake Shore we held that a bank that failed to notify a receiver of the name of the person who needed legal papers, causing responsible managers not to see them in time, could not use Rule 60(b)(1) to get another chance.

  10. Murphy v. Eddie Murphy Prod

    611 F.3d 322 (7th Cir. 2010)   Cited 33 times
    Finding prejudice to the non-movant where the district court had already granted an extension and the case had been lingering for three years

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,948 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,175 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  13. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 33,588 times   51 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)