Vest v. Battle
ORDER granting 9 Motion to Stay motion for summary judgment. Plaintiff's response to the motion is due by October 15, 2011. Signed by Judge D. P. Marshall Jr. on 9/6/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
SCOTT VEST, on behalf
of himself and all others
Case No. 4:11-cv-364-DPM
individually and in his
Counsel's motion, Document No.9, is in the spirit of Federal Rule of
Civil Procedure 56(d), formerly 56(f). Battle's motion is one for summary
judgment. This case is about four months old - just beginning. While
Battle's immunity arguments seem strong, Vest is entitled to explore the
material facts affirmed in Battle's affidavit. To that end, within the next
thirty days Vest may depose Battles, with the deposition not exceeding two
hours. Vest's response to the motion for summary judgment due by 15
Motion, Document No.9, granted.
6 September 2011
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