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ATKINS v. MILLER, 4:13CV-00116 SWW. (2014)

Court: District Court, E.D. Arkansas Number: infdco20140512i15 Visitors: 4
Filed: May 09, 2014
Latest Update: May 09, 2014
Summary: ORDER SUSAN WEBBER WRIGHT, District Judge. Before the Court is defendants' motion for summary judgment to which plaintiff responded. Pursuant to Fed.R.Civ.P. 56(d), the Court finds plaintiff's counsel has shown by affidavit that he cannot present facts essential to justify plaintiff's opposition to the motion. The Court therefore denies the motion for summary judgment without prejudice. By separate order, the Court will reschedule the trial date and set new discovery and motions deadlines. I
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ORDER

SUSAN WEBBER WRIGHT, District Judge.

Before the Court is defendants' motion for summary judgment to which plaintiff responded. Pursuant to Fed.R.Civ.P. 56(d), the Court finds plaintiff's counsel has shown by affidavit that he cannot present facts essential to justify plaintiff's opposition to the motion. The Court therefore denies the motion for summary judgment without prejudice. By separate order, the Court will reschedule the trial date and set new discovery and motions deadlines.

IT IS THEREFORE ORDERED that the motion for summary judgment [ECF No, 18] is denied without prejudice.

Source:  Leagle

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