Billups v. Lomeli

Filing 41

ORDER DENYING Plaintiff's 36 Motion for Summary Judgment Without Prejudice to Refiling at a Future Time after the completion of Discovery signed by District Judge David C. Bury on 8/25/2009. (Sant Agata, S)

1 2 3 4 5 6 7 Derrick Lee Billups, 8 9 10 11 12 13
On July 9, 2009, Plaintiff filed a Motion for Summary Judgment. ) ) CV-06-1014-DCB P P l ai n ti f f, ) ) vs. ) ) ORDER Sergeant Lomeli, et al., ) ) D e fe n da n ts . ) _ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ ) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

14 Defendant had just filed an Answer on June 30, 2009 and the Court did not 15 enter a Scheduling Order until July 13, 2009. Pursuant to the Scheduling 16 Order, the parties have through January 2010 to complete discovery and 17 dispositive motions are not due to be filed until March 2010. 18 19
Accordingly, IT IS ORDERED that Plaintiff's Motion for Summary Judgment (Doc.

20 No. 36) is denied without prejudice to refiling at a future time after 21 the completion of discovery. 22 23 24 25 26 27 28
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DATED this 25th day of August, 2009.