Mulvaney v. Meeks et al

Filing 68

ORDER: it is ORDERED that the remaining defendants shall file a motion (or motions) for summary judgment re-raising the defense of the statute of limitations, with evidentiary support, by 2/4/2021; The plaintiff will be given an opportunity to fil e a response with evidence supporting the argument that her claims are not time-barred, as further set out in Order; If the defendants feel that they need discovery, they may file a motion for it 1/28/2021. Signed by Honorable Judge Myron H. Thompson on 1/14/2021. (am, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
TRISTA C. MULVANEY,

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Plaintiff,
v.
DENNIS MEEKS, et al.,
Defendants.

CIVIL ACTION NO.
2:13cv677-MHT
(WO)

ORDER
It is apparent that the critical issue in this case
is

whether

the

statute

of

limitations

on

plaintiff

Trista C. Mulvaney’s claims expired before she filed
her complaint.

This issue needs to be resolved quickly

to avoid any further waste of resources.
Accordingly,

it

is

ORDERED

that

the

remaining

defendants shall file a motion (or motions) for summary
judgment

re-raising

the

defense

of

the

statute

of

limitations, with evidentiary support, by February 4,
2021.

The plaintiff will be given an opportunity to

file a response with evidence supporting the argument
that her claims are not time-barred.

The court further notes its view that discovery is
unlikely to be necessary before filing this motion, and
that if any is necessary, it would be quite limited.
If the defendants feel that they need discovery, they
may file a motion for it January 28, 2021.
DONE, this the 14th day of January, 2021.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE