Boyd v. Airgas Mid South Inc

Filing 44

ORDER denying without 27 Motion for Summary Judgment at this time. The Motion may be re-filed following the completion of discovery. Signed by Judge James M. Moody Jr. on 10/6/2014. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MAUDE BOYD VS. PLAINTIFF NO. 3:13CV00247 JM AIRGAS-MID SOUTH, INC. DEFENDANT/THIRD-PARTY PLAINTIFF VS. GEORGE HAMMAN; CIVILOGIC, INC.; HARDY LITTLE AND ASSOCIATES, INC.; AND BAILEY CONTRACTORS, INC. THIRD-PARTY DEFENDANTS GEORGE HAMMAN AND CIVILOGIC, INC. COUNTERCLAIMANTS VS. AIRGAS-MID SOUTH, INC. COUNTER-DEFENDANT ORDER Pending is the motion for summary judgment filed by Separate Third-Party Defendant, Hardy Little and Associates, Inc. (“Little”), (docket # 27), seeking a dismissal of all claims asserted against it by Airgas-Mid South, Inc. (“Airgas”) in its Third-Party Complaint. Airgas has filed a response and Little has filed a reply. In support of its Response, Airgas includes a Rule 56(d) affidavit stating that it is unable to adequately respond to factual statements contained in the motion and needs additional time to engage in discovery. Additionally, since the filing of the pending motion for summary judgment, Airgis has filed an Amended-Third Party Complaint asserting additional claims of negligence against Little. The Court finds the motion for summary judgment premature, additional discovery may provide Airgas sufficient facts to support its opposition to the pending motion. The motion will be denied at this time, without prejudice to re-file following the completion of discovery. IT IS SO ORDERED this 6th day of October, 2014. ______________________________________ James M. Moody Jr. United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?