Filed: Jan. 17, 2017
Latest Update: Jan. 17, 2017
Summary: STIPULATION AND REQUEST TO CONTINUE MOTION FOR SUMMARY JUDGMENT; ORDER MORRISON C. ENGLAND, Jr. , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff, NANCY PARQUE, and Defendants, THE FORT SAGE UNIFIED SCHOOL DISTRICT and BRYAN YOUNG by and through their respective counsel that the Motion for Summary Judgment, currently scheduled for Thursday, January 26, 2017 at 2:00 p.m. be continued to Thursday, February 23, 2017 at 2:00 p.m. There have been no previous requests to continu
Summary: STIPULATION AND REQUEST TO CONTINUE MOTION FOR SUMMARY JUDGMENT; ORDER MORRISON C. ENGLAND, Jr. , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff, NANCY PARQUE, and Defendants, THE FORT SAGE UNIFIED SCHOOL DISTRICT and BRYAN YOUNG by and through their respective counsel that the Motion for Summary Judgment, currently scheduled for Thursday, January 26, 2017 at 2:00 p.m. be continued to Thursday, February 23, 2017 at 2:00 p.m. There have been no previous requests to continue..
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STIPULATION AND REQUEST TO CONTINUE MOTION FOR SUMMARY JUDGMENT; ORDER
MORRISON C. ENGLAND, Jr., District Judge.
IT IS HEREBY STIPULATED by and between Plaintiff, NANCY PARQUE, and Defendants, THE FORT SAGE UNIFIED SCHOOL DISTRICT and BRYAN YOUNG by and through their respective counsel that the Motion for Summary Judgment, currently scheduled for Thursday, January 26, 2017 at 2:00 p.m. be continued to Thursday, February 23, 2017 at 2:00 p.m. There have been no previous requests to continue the Motion for Summary Judgment. The parties further request that the court grant relief from the Scheduling Order of
STIPULATION AND REQUEST TO CONTINUE MOTION FOR SUMMARY JUDGMENT; ORDER October 14, 2015 (dkt #19) page 4 section VI "Motion Hearing Schedule" setting forth the last dispositive motions shall be February 2, 2017 to February 23, 2017.
The parties move for a continuance of the Motion for Summary Judgment hearing date pursuant to Local Rule § 230(f) and FRCP § 56(d) because: (1) Plaintiff needs to obtain admissible additional evidence from her treating physicians in order to oppose defendants' motion; (2) Plaintiff may simultaneously seek to amend her complaint to allege a different termination date; and (3) Plaintiff's counsel are both opposing summary judgment motions in separate cases which are due within the next two weeks.
On November 2, 2016 the Court issued a Minute Order (dkt #27) vacating the June 8, 2017 Final Pretrial Conference and July 31, 2017 Jury trial. It is therefore stipulated that there will be no prejudice imposed on either party for a continuance of the Motion for Summary Judgment date hearing.
IT IS SO STIPULATED AND AGREED.
ORDER
IT IS ORDERED based on the stipulation filed by the parties, the Motion for Summary Judgment hearing of Thursday, January 26, 2017 at 2:00 p.m. is continued to Thursday, February 23, 2017 at 2:00 p.m. Opposition and any cross-motion, reply and opposition to cross-motion, and reply to cross motion deadlines will be tied to the continued Motion for Summary Judgment Hearing date.
IT IS FURTHER ORDERED relief from the Pretrial Scheduling Order (dkt #19) section VI. "Motion Hearing Schedule" is granted. Specifically, the last day to hear dispositive motions shall be February 23, 2017.
IT IS SO ORDERED.
