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Kokesh v. Curlee, 19-1372. (2020)

Court: District Court, E.D. Louisiana Number: infdco20200319939 Visitors: 13
Filed: Mar. 18, 2020
Latest Update: Mar. 18, 2020
Summary: ORDER AND REASONS MARY ANN VIAL LEMMON , District Judge . Before the court are the following motions: (1) Kevin Curlee's Motion for Summary Judgement (Rec. Doc. 42); Kevin Curlee's Motion to Stay Discovery (Rec. Doc. 43); and Adam Kokesh's Motion to Strike Defendant's Motion for Summary Judgment (Rec. Doc. 44). The motion to strike is premised on Kokesh's contention that defendant Curlee refused to provide him evidence required to adequately respond to the motion for summary judgment
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ORDER AND REASONS

Before the court are the following motions: (1) Kevin Curlee's Motion for Summary Judgement (Rec. Doc. 42); Kevin Curlee's Motion to Stay Discovery (Rec. Doc. 43); and Adam Kokesh's Motion to Strike Defendant's Motion for Summary Judgment (Rec. Doc. 44).

The motion to strike is premised on Kokesh's contention that defendant Curlee refused to provide him evidence required to adequately respond to the motion for summary judgment. It has subsequently come to light that the evidence was mailed to plaintiff's counsel on disk, which according to providing tracking documentation, will be delivered today. Accordingly, the Motion to Strike Defendant's Motion for Summary Judgment (Rec. Doc. 44) is DENIED as moot. However, because the evidence has not been provided to counsel within 15 days of the noticed submission date (currently April 1, 2020), the submission date for the Motion for Summary Judgment (Rec. Doc. 42) is CONTINUED until April 15, 2020. See L.R. 7.2.

Finally, because defendant has raised a qualified immunity defense, the Motion to Stay Discovery (Rec. Doc. 43) is granted in part and denied in part. Discovery required in connection with the pending motion for summary judgment may proceed; all other discovery (not directly related to the motion for summary judgment) is stayed pending resolution of the motion for summary judgment.

Source:  Leagle

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