Cross v. Small

District of Columbia, dcd-1:2004-cv-01253

ORDER denying as moot {{39}} Plaintiff's Request for a Status Conference; granting {{41}} {{43}} Plaintiff's Motions for Leave to file supplementary exhibits; granting in part and denying in part {{9}} Defendant's Motion for Summary Judgment; and directing Plaintiff to file a response in support of his constitutional claims (Counts 4 and 5 of the Amended Complaint) no later than October 20, 2006, or the Court will dismiss them as conceded. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 9/29/06.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA) MICHAEL D. CROSS,)) Plaintiff,)) v.) Civil Action No. 04-1253 (RMC)) LAWRENCE M. SMALL,)) Secretary,) Smithsonian Institution,)) Defendant.)) ORDER In consideration of the parties' motions, the responses thereto, and the entire record of this case, it is hereby ORDERED that Plaintiff's Request for a Status Conference [Dkt. #39] is DENIED as moot; and it is FURTHER ORDERED that Plaintiff's Motions for Leave to file supplementary exhibits [Dkt. ##41, 43] are GRANTED. Moreover, for the reasons stated in the Memorandum Opinion filed concurrently herewith, it is hereby ORDERED that Defendant's Motion for Summary Judgment [Dkt. #9] is GRANTED IN PART and DENIED IN PART; and it is FURTHER ORDERED that JUDGMENT is entered in favor of Defendant on Counts 1 and 3 of the Amended Complaint; and it is FURTHER ORDERED that the Court construes Defendant's Reply [Dkt. #32] as a motion to dismiss or, in the alternative, for summary judgment as to Counts 4 and 5 of the Amended Complaint. Accordingly, Plaintiff shall file a response in support of those claims no later than October 20, 2006. If Plaintiff fails to meet this deadline, the Court will grant the Defendant's motion as conceded pursuant to Local Civil Rule 7(b), and will dismiss those claims. Defendant's reply in support of its motion, if any, shall be filed no later than November 3, 2006. SO ORDERED. Date: September 29, 2006 /s/ ROSEMARY M. COLLYER United States District Judge 2