Angel v. Chiron Equities LLC et al

Filing 40

ORDER granting 33 Motion for Summary Judgment and allowing plaintiff 20 days from the entry of this Order to file a response to the supplemental motion for summary judgment. The case will be removed from the trial docket the week of March 9, 2012. Signed by Judge James M. Moody on 3/2/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

BANK OF THE OZARKS
VS.

PLAINTIFF
NO. 4:11CV00334

CHIRON EQUITIES, LLC; KYLE TAUCH
and LOWERY WALTER MCNEIL

DEFENDANTS

ORDER
Pending is the supplemental motion for summary judgment, or in the alternative, motion
for leave to file a supplement to the motion for summary judgment and for continuance filed on
behalf of Defendant Lowery Walter McNeil. (Docket # 33). Plaintiff has filed a response.
In the interest of justice, the Court will consider the additional evidence and argument
supporting McNeil’s motion for summary judgment. The Court will allow Plaintiff twenty days
from the entry of this Order to file a response to the supplemental motion for summary judgment.
The case will be removed from the trial docket the week of March 19, 2012 and will be reset, if
necessary, after the Court considers the pending motions.
If the Plaintiff determines that additional discovery is necessary prior to filing its
response to the supplemental motion for summary judgment, the Court will reopen discovery on
this limited issue at the parties’ request.
Wherefore, McNeil’s motion, docket # 33, is GRANTED.
IT IS SO ORDERED this 2nd day of March, 2012.

____________________________________
James M. Moody
United States District Judge