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17-4684 - WISEMAN v. REYNOLDS FARM EQ.


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17-4684 - WISEMAN v. REYNOLDS FARM EQ.
February 23, 2018
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ORDER - This matter is before the Court on Defendant Reynolds Farm Equipment's ("Reynolds") Motion to Dismiss for Failure to Obey a Court Order, [Filing No. 9], filed pursuant to Federal Rule of Civil Procedure 41(b). Reynolds seeks to dismiss pro se Plaintiff Rex Wiseman's employment discrimination lawsuit as a sanction for Mr. Wiseman's delay in paying the filing fee. In the alternative, Reynolds seeks an extension of time in which to file its answer. For the reasons described below, the Court DENIES Reynolds' Motion to Dismiss and GRANTS its alternative request for an extension of time to plead. For the foregoing reasons, the Court DENIES Reynolds' Motion to Dismiss, 9. The Court GRANTS Reynolds' alternative request for an extension of time in which to file its answer. Reynolds requests a 30-day extension from the date of Mr. Wiseman's payment of the filing fee. Reynolds' answer is therefore due on or before March 12, 2018. Additionally, Mr. Wiseman states that he did not receive the Court's Order dated December 21, 2017, [Filing No. 5]; the clerk is directed to include a copy of that entry along with Mr. Wiseman's copy of this Order. Finally, the Court notes that the address included in Mr. Wiseman's response brief matches the address presently on file. [Filing No. 11 at 2.] Mr. Wiseman is reminded of his obligation to notify the Court in writing should his address change in the future. Copy of Order and applicable documents to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 2/23/2018. (APD)