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SCUTIER v. KING, 3:14-cv-00377-HDM-VPC. (2015)

Court: District Court, D. Nevada Number: infdco20151006a43 Visitors: 11
Filed: Oct. 02, 2015
Latest Update: Oct. 02, 2015
Summary: ORDER HOWARD D. McKIBBEN , District Judge . Before the court is the plaintiff Billy Warren Gage's motion for partial summary judgment (#44). Defendants have opposed (#50) and moved to deny or continue the motion for summary judgment under Federal Rule of Civil Procedure 56(d) (#49). Plaintiff has replied (#55) and opposed defendants' motion (#56), and defendants have replied (#62). In addition, defendants have filed two motions to strike portions of declarations attached to the motion for s
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ORDER

Before the court is the plaintiff Billy Warren Gage's motion for partial summary judgment (#44). Defendants have opposed (#50) and moved to deny or continue the motion for summary judgment under Federal Rule of Civil Procedure 56(d) (#49). Plaintiff has replied (#55) and opposed defendants' motion (#56), and defendants have replied (#62). In addition, defendants have filed two motions to strike portions of declarations attached to the motion for summary judgment (#51, #52). The motions to strike have been fully briefed.

Discovery in this case has not yet closed. Accordingly, defendants' motion to deny or continue pursuant to Rule 56(d) is GRANTED and Billy Warren Gage's motion for partial summary judgment (#44) is DENIED WITHOUT PREJUDICE to renew at the close of discovery. The defendants' motions to strike (#51, #52) are DENIED AS MOOT.

IT IS SO ORDERED.

Source:  Leagle

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