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Stewart C. Smith v. Officer John Hanuska and David Bixler

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 19, 2011

STEWART C. SMITH
PLAINTIFF
v.
OFFICER JOHN HANUSKA AND DAVID BIXLER DEFENDANTS

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 19th day of July, 2011, upon consideration of the motion for summary judgment (Doc. 132) filed by plaintiff Stewart C. Smith ("Smith"), on July 15, 2011, and it appearing that the dispositive motion deadline in the above-captioned case was December 3, 2010, (see Doc. 42), and it further appearing that Smith filed three motions for summary judgment prior to the deadline that the court ultimately denied, (see Docs. 41, 61, 73),*fn1 and that the court has since denied three motions for reconsideration of the denial of Smith's motions for summary judgment, (see Docs. 100, 116, 126),*fn2 and the court finding that it possess the inherent power "to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants," Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Gutierrez v. Johnson & Johnson, 523 F.3d 187, 193 n.5 (3d Cir. 2008), and the court concluding that there is no reason to consider Smith's out-of-time motion, particularly in light of the court's previous consideration of Smiths timely motions for summary judgment, it is hereby ORDERED that the motion (Doc. 132) for summary judgment is DENIED.

CHRISTOPHER C. CONNER United States District Judge


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