Orlando Matthews Estate et al v. Marianna Arkansas, City of et al

Filing 43

ORDER denying 28 Motion for Summary Judgment without prejudice. Signed by Judge D. P. Marshall Jr. on 4/2/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION ESTATE OF ORLANDO MATTHEWS; and FLORENCE MATTHEWS, individually and in her official capacity as Administratrix of the estate v. PLAINTIFFS No.2:09-cv-71-DPM CITY OF MARIANNA, ARKANSAS, a municipal corporation; ROBERT TAYLOR, Mayor of Marianna; JAMES TUCKER, Marianna Chief of Police; WILLIAM COLVIN, Corporal, Marianna Police Department; SCOTT MCCALL, Officer, Marianna Police Department; and JOHN DOES 1-10, in their individual and official capacities DEFENDANTS ORDER Motion for summary judgment, Document No. 28, denied without prejudice. The Court will be happy to hear from the parties if there are material developments in the probate court or in the Smith appeal. In the mean time, the parties should prepare for trial. The matter is first out on 16 July 2012. And barring some extraordinary circumstance, this old case should and will be tried then. So Ordered. l.iPwJ d.4jL M D.F. Marshall Jr. United States District Judge 2 Apri12012 -2­

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