Small v. BOKF, N.A.

Filing 89

ORDER denying 45 Motion for Summary Judgment; denying as moot 83 Motion for Leave, by Judge Robert E. Blackburn on 2/13/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-01125-REB-MJW
LELAND SMALL, individually and on behalf of a class of other similarly situated
persons,
Plaintiff,
v.
BOKF, N.A.,
Defendant.

ORDER
Blackburn, J.
The matter before me is Plaintiff’s Motion For Leave To File a Supplemental
Response in Opposition to Defendant BOKF’s Motion For Summary Judgment
[#45] [#83],1 filed February 13, 2014.2 For the reasons that follow, I deny the motion as
moot.
Defendant filed its summary judgment motion early in this litigation. (See
BOKF’s Combined Motion For Summary Judgment and Brief in Support [#45], filed
August 14, 2013.) As set forth in the motion to file a supplemental response, discovery
has been ongoing, as a result of which plaintiff has received some 8,000 documents
relevant to the claims asserted herein. He avers that this production includes

1

“[#83]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

Exercising my prerogative under D.C.COLO.LCivR 7.1(c), I consider the motion, which is
opposed, without awaiting defendant's response.

documents “highly relevant to the pending motion for summary judgment” and thus
seeks leave to file a supplemental response to argue these matters.
Having the parties address the various issues raised by and inherent to the
motion for summary judgment in this piecemeal fashion is neither efficient nor
efficacious. Given that the dispositive motion deadline is still several months away (see
Civil Scheduling Order ¶ 9 at 7 [#32], filed June 24, 2013 (dispositive motion deadline
of May 28, 2014)), I conclude that the proper course of action under these
circumstances is to deny the motion for summary judgment without prejudice, so that all
issues raised by the evidence can be addressed and determined simultaneously. My
determination in this regard further renders plaintiff’s motion to file a supplemental
response moot.
THEREFORE, IT IS ORDERED as follows:
1. That BOKF’s Combined Motion For Summary Judgment and Brief in
Support [#45], filed August 14, 2013, is DENIED without prejudice; and
2. That Plaintiff’s Motion For Leave To File a Supplemental Response in
Opposition to Defendant BOKF’s Motion For Summary Judgment [#45] [#83], filed
February 13, 2014, is DENIED AS MOOT.
Dated February 13, 2014, at Denver, Colorado.
BY THE COURT:

2