Morris Reese v. Sprint Nextel Corporation et al

Filing 42

ORDER GRANTING DEFENDANT'S REQUEST FOR LEAVE TO FILE MOTION FORSUMMARY JUDGMENT by Judge Otis D. Wright, II. The Court GRANTS T-Mobile's Request for Leave to File Motion for Summary Judgment. (CV13-5199, ECF No. 18.) The Clerk of Court is ORDERED to file this Order in the lead case, MorrisReese v. Sprint Nextel Corp., No. 13-cv-3811-ODW(PLAx), as well. (jre) (Main Document 42 replaced on 2/14/2014) (jre).

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United States District Court
Central District of California

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MORRIS REESE,
Plaintiff,

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Case No. 2:13-cv-3811-ODW(PLAx)

v.
T-MOBILE USA INC.,
Defendant.

ORDER GRANTING
DEFENDANT’S REQUEST FOR
LEAVE TO FILE MOTION FOR
SUMMARY JUDGMENT [18]

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Before the Court is Defendant T-Mobile USA Inc.’s Request for Leave to File

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Motion for Summary Judgment. (ECF No. 18.) T-Mobile’s proposed motion for

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summary judgment would be based solely on the affirmative defense of laches.

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Plaintiff Morris Reese opposes T-Mobile’s Request arguing that a summary-judgment

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motion is premature and that he needs to conduct more discovery under Federal Rule

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of Civil Procedure 56(d). This case is part of the related Reese Cases before this

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Court, but T-Mobile’s Request applies only to this action. Plaintiff Morris Reese’s

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Opposition to T-Mobile’s Request was filed in the lead case. (Morris Reese v. Sprint

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Nextel Corp., No. 13-cv-3811-ODW(PLAx), ECF No. 40.)

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The Court held a telephonic hearing on T-Mobile’s Request on February 14,

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2014. After hearing argument from both parties, the Court finds that a motion for

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summary judgment on the issue of laches would not be premature. Accordingly, the

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Court GRANTS T-Mobile’s Request for Leave to File Motion for Summary

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Judgment. (ECF No. 18.)

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The other Defendants in the related Reese Cases were also present during the

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February 14, 2014 hearing. Both Reese and these other Defendants indicated that

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similar requests for leave would be filed shortly. In anticipation of these additional

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requests, the Court ORDERS that T-Mobile’s summary-judgment motion will be

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noticed for hearing on Monday, April 14, 2014. The Court expects Defendants in the

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other Reese Cases to seek leave to file similar summary-judgment motions in time to

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notice summary-judgment hearings for the same date. All briefing shall comply with

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the Federal Rules of Civil Procedure, the Central District of California’s Local Rules,

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and all scheduling and case management orders issued by this Court.

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The Clerk of Court is ORDERED to file this Order in the lead case, Morris
Reese v. Sprint Nextel Corp., No. 13-cv-3811-ODW(PLAx), as well.

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IT IS SO ORDERED.

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February 14, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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