WALTER G. DEDGE, JR., PLAINTIFF-APPELLEE,
v.
STEVE KENDRICK, DEFENDANT-APPELLANT
WALTER G. DEDGE, JR., PLAINTIFF-APPELLEE,
STEVE KENDRICK, DEFENDANT-APPELLANT
849 F.2d 1398
Court of Appeals for the Eleventh Circuit (1988)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM:
The defendant, Steve Kendrick, appeals from the district court’s denial of his motion for summary judgment. Under Fed.R.Civ.P. 16(b)(2), the district court is required to enter an order limiting the time to file and hear motions. In this case, the district court entered an order requiring that motions for summary judgment be filed by October 30, 1987. The defendant filed his motion for summary judgment on December 7, 1987. Therefore, the district court properly denied the motion as untimely, and we need not address the merits of the motion in this appeal. See United States Dominator, Inc. v. Factory Ship Robert E. Resoff, 768 F. 2d 1099, 1104 (9th Cir.1985).
AFFIRMED.
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Perez v. Miami-Dade Cnty., 297 F.3d 1255 (11th Cir. 2002)…50(a) motion" at the close of the evidence at trial. . Perez contends that we need not even consider the merits of the County's motion to withdraw because it was untimely under the district court's pretrial scheduling order. See Dedge v. Kendrick, 849 F. 2d 1398, 1398 (11th Cir.1988) (affirming the denial of a motion for summary judgment that was filed over one month after the pretrial deadline for filing and hearing motions). In particular, Perez asserts that the County (and Allsbury) filed the motion to…
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Dairl Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992)…Dominator, Inc. v. Factory Ship Robert E. Resoff 768 F. 2d 1099, 1104 (9th Cir.1985) (court may deny as untimely a motion filed after the scheduling order cut-off date where no request to modify the order has been made); see also Dedge v. Kendrick, 849 F. 2d 1398 (11th Cir.1988) (motion filed after the scheduling order cut-off date is untimely and may be denied solely on that ground). [*609] We see no reason to deviate from that approach here, but the result would not change if Johnson’s motion to amend the…
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Lemon v. Dugger, 931 F.2d 1465 (11th Cir. 1991)…th the pretrial order. Appellants contend that the pretrial order did not prevail over Rule 56(b), Federal Rules of Civil Procedure, which provides that a defendant may file a motion for summary judgment at any time. This Court in Dedge v. Kendrick, 849 F. 2d 1398 (11th Cir.1988), held to the contrary. The Court there said: The defendant ... appeals from the district court’s denial of his motion for summary judgment. Under Fed.R.Civ.P. 16(b)(2), the district court is required to enter an order limiting the t…
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- U.S. Dominator, Inc. v. Factory Ship Robert E. Resoff, 768 F.2d 1099 (9th Cir. 1985)