Cossey v. Wal-Mart Stores Inc, et al
Filing
259
MEMORANDUM AND ORDER ON PENDING MOTIONS granting 254 Plaintiffs' Motion for Leave to File Sur-reply to Defendants' Reply in Support of Motion for Summary Judgment; denying 255 Plaintiffs' Motion for Discovery; denying 257 Plaintiffs' Motion for Leave to File Supplemental Statement of Facts; and denying 258 Defendants' Unopposed Motion to Enlarge Time. Signed by Judge Warren K. Urbom on 9/16/2008. (thd)
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KARLA L. COSSEY and WILLIAM COSSEY, ) ) ) Plaintiffs, ) ) vs. ) ) ASSOCIATES' HEALTH AND WELFARE) PLAN; and ADMINISTRATIVE ) COMMITTEE, ASSOCIATES' HEALTH ) AND WELFARE PLAN, ) ) Defendants. ) 4:02CV661 WKU
MEMORANDUM AND ORDER ON PENDING MOTIONS
Now before me are "Plaintiffs' Motion for Leave to File Sur-reply to Defendants' Reply in Support of Motion for Summary Judgment," filing 254; "Plaintiffs' Motion for Discovery," filing 255; "Plaintiffs' Motion for Leave to File Supplemental Statement of Facts in Support of Motion for Summary Judgment on Remaining Issues," filing 257; and "Defendants' Unopposed Motion to Enlarge Time to File Response to Plaintiffs' Motion for Discovery, Motion for Leave to File Sur-reply and Motion for Leave to File Supplemental Statement of Facts," filing 258. In support of their motion for leave to file a sur-reply brief, the plaintiffs submit that they ought to be given an opportunity to address the new evidence filed by the defendants in support of their motion for summary judgment. (See filing 254 at 1; see also filing 252 & Attach. 1.) I agree; the plaintiffs' motion for leave to file a sur-reply will be granted, and the defendants' motion for additional time to file a response to the plaintiff's motion will be denied. The plaintiffs have submitted a copy of their sur-reply brief along with their motion for leave, and I will consider this brief as I analyze the parties' motions for summary judgment. The plaintiffs' motions for discovery and for leave to file a supplemental statement of facts will be denied. Quite simply, the need for additional facts and discovery is not apparent to me at this time. The defendants' motion for additional time to respond to these motions will be denied as moot.
1
IT IS ORDERED that: 1. The Plaintiffs' Motion for Leave to File Sur-reply to Defendants' Reply in Support of Motion for Summary Judgment, filing 254, is granted; The Plaintiffs' Motion for Discovery, filing 255, is denied; The Plaintiffs' Motion for Leave to File Supplemental Statement of Facts in Support of Motion for Summary Judgment on Remaining Issues, filing 257, is denied; and The Defendants' Unopposed Motion to Enlarge Time to File Response to Plaintiffs' Motion for Discovery, Motion for Leave to File Sur-reply and Motion for Leave to File Supplemental Statement of Facts, filing 258, is denied.
2. 3.
4.
Dated September 16, 2008. BY THE COURT s/ Warren K. Urbom United States Senior 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?