Medina et al v. Werner Enterprises, Inc.

Filing 48

ORDER denying 36 Motion for Summary Judgment; denying 39 Motion for Leave. By Judge Christine M. Arguello on 08/13/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-01188-CMA-KMT
ANN MARIE JULIE MEDINA, and
SAMUEL MEDINA, JR.,
Plaintiffs,
v.
WERNER ENTERPRISES, INC.,
Defendant.

ORDER ON MOTIONS

This matter is before the Court on Defendant Werner Enterprises, Inc.’s Motion
for Summary Judgment, filed on April 8, 2015. (Doc. # 36). Plaintiffs Ann Marie Julie
Medina and Samuel Medina, Jr., responded to Defendant’s motion on April 29, 2015
(Doc. # 37), and Defendant replied on May 12, 2015 (Doc. # 38). Also before the Court
is Plaintiffs’ Motion for Leave to File Motion for Summary Judgment Out-Of-Time. (Doc.
# 39.) Defendant responded to this motion on May 20, 2015 (Doc. # 40), and Plaintiffs
replied on May 27, 2015 (Doc. # 41).
With regard to Defendant’s Motion for Summary Judgment, upon review of the
parties’ briefing and the evidence referenced therein, the Court determines that genuine
issues of material fact preclude the Court from granting the summary judgment motion.
With regard to Plaintiffs’ Motion for Leave to File Motion for Summary Judgment
Out-Of-Time, the Court finds that Plaintiffs have not provided sufficient justification for

this Court to grant permission to file a summary judgment motion more than five weeks
after the dispositive motion deadline.
Accordingly, the Court ORDERS that Defendant’s Motion for Summary Judgment
(Doc. # 36) is DENIED.
The Court FURTHER ORDERS that Plaintiffs’ Motion for Leave to File Motion for
Summary Judgment Out-Of-Time (Doc. # 39) is DENIED.

DATED: August 13, 2015

BY THE COURT:

CHRISTINE M. ARGUELLO
United States District Judge

2