Fleites v. Wal-Mart Stores East, L.P., 6:18-cv-1567-Orl-31GJK. (2019)
Court: District Court, M.D. Florida
Number: infdco20190402b51
Visitors: 8
Filed: Apr. 01, 2019
Latest Update: Apr. 01, 2019
Summary: ORDER GREGORY A. PRESNELL , District Judge . This Matter comes before the Court on the Defendant's Motion for Summary Partial Judgment as to Plaintiff's Legal Status (Doc. 18). The Defendant argues that the Court should enter partial summary judgment "as to Plaintiff's Legal Status." Doc. 18 at 1. A Court will grant a summary judgment motion if the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). However, the Plaintiff's legal status itself is not a claim before thi
Summary: ORDER GREGORY A. PRESNELL , District Judge . This Matter comes before the Court on the Defendant's Motion for Summary Partial Judgment as to Plaintiff's Legal Status (Doc. 18). The Defendant argues that the Court should enter partial summary judgment "as to Plaintiff's Legal Status." Doc. 18 at 1. A Court will grant a summary judgment motion if the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). However, the Plaintiff's legal status itself is not a claim before this..
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ORDER
GREGORY A. PRESNELL, District Judge.
This Matter comes before the Court on the Defendant's Motion for Summary Partial Judgment as to Plaintiff's Legal Status (Doc. 18). The Defendant argues that the Court should enter partial summary judgment "as to Plaintiff's Legal Status." Doc. 18 at 1. A Court will grant a summary judgment motion if the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). However, the Plaintiff's legal status itself is not a claim before this Court on which it could enter judgment. The Defendant is, essentially, asking the Court to enter an advisory opinion on the question of whether the Plaintiff was or was not a trespasser. Thus, the Court STRIKES the Defendant's Motion (Doc. 18) as improper.
DONE and ORDERED.
Source: Leagle
