Vest v. Battle

Filing 12

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SCOTT VEST, on behalf of himself and all others similarly situated v. PLAINTIFF Case No. 4:11-cv-364-DPM HAYWARD BATTLE, individually and in his official capacity DEFENDANT ORDER 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 October 2011. Motion, Document No.9, granted. So Ordered. 6 September 2011 -2­

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