Mendel et al v. Morgan Keegan & Company Inc

Filing 23

MEMORANDUM OPINION AND ORDER The motion filed on January 10, 2014, by the Mendel parties, seeking clarification or instructions, is GRANTED to the extent noted within. Mendel parties and Morgan Keegan are permitted on or before January 20, 2014, to file formal motions for summary judgment with accompanying briefs; the evidentiary hearing scheduled for February 4, 2014, is CANCELLED. Signed by Judge William M Acker, Jr on 1/14/14. (SAC )

FILED
2014 Jan-14 PM 01:40
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAKE MENDEL, etc., et al.,
Plaintiffs,
v.
MORGAN KEEGAN & COMPANY,
INC.,
Defendant.

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CIVIL ACTION NO.
13-AR-1630-S

MEMORANDUM OPINION AND ORDER
The motion filed on January 10, 2014, by the Mendel parties,
seeking clarification or instructions, is GRANTED to the following
extent.

The court’s order of December 3, 2013, was intended to

convey the court’s belief that discovery is complete and that the
Mendel parties’ original motion to vacate would be treated as the
equivalent of a motion for summary judgment to be heard on February
4, 2014.

The court used the phrase “evidentiary hearing” because

the Supreme Court of Alabama had used it.
Alabama

could

not

adjudicative tool.

have

meant

to

The Supreme Court of

eliminate

Rule

56

as

an

The court obviously did not make itself clear.

The Mendel parties believe that they are now entitled to
summary judgment on the materials already before the court, and
that there is no need to supplement those materials, making an
evidentiary hearing unnecessary.

Both they and Morgan Keegan are

hereby permitted on or before January 20, 2014, to file formal
motions

for

summary

judgment

with

accompanying

briefs

and

references to the allegedly undisputed evidence that would entitle
them to judgment as a matter of law.
days after

any

such

summary

Within fourteen (14) calendar

judgment motions

are

filed,

the

opposing party or parties shall respond, after which the other
party shall respond within seven (7) calendar days, after which the
court will take under submission all then pending motions for
summary judgment without oral argument unless the court finds that
oral argument will be helpful.

If Morgan Keegan wishes to invoke

Rule 56(f), it shall do so on or before January 20, 2014.
After all motions for summary judgment are ruled upon, the
court will advise the parties what, if anything, is necessary by
way of further proceedings.

Meanwhile, the evidentiary hearing

scheduled for February 4, 2014, is CANCELLED.
DONE this 14th day of January, 2014.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE