Kelley v. Kelley

Filing 56

ORDER. Defendant s Motion for Summary Judgment 41 filed 6/30/2011, is DENIED. Plaintiffs Motion for Partial Summary Judgment and Memorandumin Support Thereof 42 filed 7/1/2011, is DENIED. By Judge Robert E. Blackburn on 11/21/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-02197-REB-MEH
EDRICE E. KELLEY, through her Conservators,
CELIA JUDKINS,
MARIE TAYLOR, and
JOAN SULLIVAN COWAN,
Plaintiffs,
v.
NEAL KELLEY,
Defendant.

ORDER DENYING SUMMARY JUDGMENT MOTIONS
Blackburn, J.
The matters before me are (1) Defendant ’s Motion for Summary Judgment
[#41]1 filed June 30, 2011; and (2) Plaintiff’s Motion for Partial Summary Judgment
and Memorandum in Support Thereof [#42] filed July 1, 2011. I have jurisdiction over
this matter pursuant to 28 U.S.C. § 1332 (diversity of citizenship). Having reviewed the
motions and responses and the apposite arguments, authorities, and evidence
presented by the parties, it is apparent that there exist genuine issues of material fact
that are not appropriate for summary resolution.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant ’s Motion for Summary Judgment [#41] filed June 30,
2011, is DENIED; and
1

“[#41]” is an example of the convention I use to identify the docket number assigned to a specific
paper assigned by the court’s electronic case filing and management system (CM/ECF) in Criminal Case
No. 06-cr-00270-REB. I use this convention throughout this order.

2. That Plaintiff’s Motion for Partial Summary Judgment and Memorandum
in Support Thereof [#42] filed July 1, 2011, is DENIED.
Dated November 21, 2011, at Denver, Colorado.
BY THE COURT:

2