Mid-Continent Casualty Company v. Sullivan et al

Filing 39

ORDER denying plaintiff's motion to srike and directing plaintiff to respond to the merits of deft's motion for summary judgment within ten days of the entry of this Order. Signed by Judge James M. Moody on 12/11/08. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MID-CONTINENT CASUALTY CO. V. PLAINTIFF CASE NO. 4:07CV01154 JMM DEFENDANT/COUNTER PLAINTIFF ANTHONY SULLIVAN d/b/a SULLIVAN CUSTOM AGRI SERVICE V. GREG GASAWAY, LANCE GASAWAY and CLINT GASAWAY AND MID-CONTINENT CAUSALTY CO. V. DEFENDANTS PLAINTIFF CASE NO. 4:07CV01155 BSM DEFENDANT/COUNTER PLAINTIFF DEFENDANT ORDE R Pending is Plaintiff's motion to strike. (Docket #34 in case no. 4:07CV1155). Defendant, ANTHONY SULLIVAN d/b/a SULLIVAN CUSTOM AGRI SERVICE V. GREG DAY Anthony Sullivan d/b/a Sullivan Custom Agri Service has responded. Plaintiff asks the Court to strike this defendant's motion for summary judgment filed November 13, 2008 and reply brief filed December 1, 2008 as untimely. The scheduling order entered in this case set a motions deadline of November 6, 2008. The Court finds that no prejudice or delay will result from considering Defendant's motion, accordingly, the Court will consider all pleadings filed. Plaintiff is directed to respond to the merits of Defendant's motion within ten (10) days of the entry of this order. Wherefore, Plaintiff's motion to strike is denied. IT IS SO ORDERED this 11th day of December, 2008. ____________________________________ James M. Moody Untied States District Judge 2

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