American Home Assurance Company v. Weaver Aggregate Transport, Inc.

Filing 30

ORDER that, in light of the fact that a 25 Third Party Complaint has been filed in this case and the third-party defendant has yet to make an appearance, Defendant's 16 MOTION for Summary Judgment is DENIED as premature and with leave to re-file no later than the 5/21/2010 deadline for dispositive motions (see Doc. 11 . Signed by Hon. Chief Judge Mark E. Fuller on 2/8/2010. (dmn)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION A M E R IC A N HOME ASSURANCE COM PA N Y , ) ) ) P la in tif f , ) ) v. ) C A S E NO. 2:09-cv-612-MEF ) W E A V E R AGGREGATE TRANSPORT, ) (W O ) I N C ., ) ) D e f e n d a n t / Third Party Plaintiff, ) ) v. ) ) B E A C O N INDUSTRIAL STAFFING, INC. ) ) T h ird Party Defendant. ) ORDER P u r s u a n t to the telephone status conference conducted on Friday, February 5, 2010 b e tw e e n the Court, counsel for Plaintiff, and counsel for Defendant, it is hereby O R D E R E D that, in light of the fact that a third-party complaint has been filed in this c a s e (Doc. #25) and the third-party defendant has yet to make an appearance, Defendant's M o tio n for Summary Judgment (Doc. #16) is DENIED as premature and with leave to re-file n o later than the May 21, 2010 deadline for dispositive motions (see Doc. #11). D O N E this the 8th day of February 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE