Krupicki v. Eagle One Inc

Filing 71

ORDER denying 43 Motion for Summary Judgment; granting 57 Motion for Leave to File; denying 59 Motion in Limine; denying 62 Motion in Limine; denying 25 Motion for Summary Judgment. The parties have 14 days from the date of service o f copies of any supplemented or amended and substituted motion for summary judgment to file a response, and the moving party has seven days after that to file a reply in further support of the motion. All parties have until September 12, 2013, to fi le, should they choose to do so, supplemented or amended and substituted motions for summary judgment addressing the financial materials plaintiff produced in response to defendants discovery requests as ordered by the Court on January 22, 2013. Signed by Judge Kristine G. Baker on 8/29/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
STANLEY KRUPICKI,
INDIVIDUALLY AND ON BEHALF
OF OTHERS SIMILARLY SITUATED
v.

PLAINTIFF

No. 4:12-cv-00150 KGB

EAGLE ONE, INC.,
a/k/a EAGLEONE LOGISTICS,
a/k/a PRINT N’ MAIL

DEFENDANT
ORDER

Before the Court are plaintiff’s motion for summary judgment (Dkt. No. 25), defendant’s
motion for summary judgment (Dkt. No. 43), and defendant’s motion for leave to file
supplemented brief in support of defendant’s motion for summary judgment (Dkt. No. 57).
Plaintiff opposes defendant’s motion for leave to file supplemented brief in support of
defendant’s motion for summary judgment (Dkt. No. 64).
For good cause shown, the Court denies without prejudice plaintiff’s motion for summary
judgment (Dkt. No. 25) and defendant’s motion for summary judgment (Dkt. No. 43). The Court
grants defendant’s motion for leave to file supplemented brief in support of defendant’s motion
for summary judgment (Dkt. No. 57). All parties have until September 12, 2013, to file, should
they choose to do so, supplemented or amended and substituted motions for summary judgment
addressing the financial materials plaintiff produced in response to defendant’s discovery
requests as ordered by the Court on January 22, 2013. This information and material was
produced after the discovery deadline and motions deadline then in effect, and the Court permits
the parties to supplement their filings to address this information and material. In the alternative,

the parties have until September 12, 2013, to file a notice with the Court of their intent to stand
on the motions for summary judgment currently on file.
The parties have 14 days from the date of service of copies of any supplemented or
amended and substituted motion for summary judgment to file a response, and the moving party
has seven days after that to file a reply in further support of the motion, in accordance with Local
Rule 7.2.
Also pending are two motions in limine (Dkt. Nos. 59, 62). These motions are denied
without prejudice at this time. The parties are directed to supplement these motions, to the extent
they deem necessary, to address the financial materials plaintiffs produced in response to
defendant’s discovery requests as ordered by the Court on January 22, 2013. In the alternative,
the parties may file a notice with the Court of their intent to stand on the motions in limine
currently on file. These filings may be made prior to the scheduled trial date, in accordance with
the deadlines set forth in the First Amended Final Scheduling Order.
SO ORDERED this 29th day of August, 2013.

____________________________________
Kristine G. Baker
United States District Judge

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