Kennedy v. Mt. Ridge Realty Associates, LLC
OPINION AND ORDER denying 12 Motion for summary judgment. Signed by Judge John E. Steele on 9/22/2016. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Case No: 2:15-cv-757-FtM-99MRM
MT. RIDGE REALTY ASSOCIATES,
OPINION AND ORDER
This matter comes before the Court on review of the file.
Plaintiff Patricia Kennedy initiated her Complaint (Doc. #1) on
December 4, 2015, and defendant Mt. Ridge Realty Associates, LLC
appeared and filed an Answer and Affirmative Defenses (Doc. #7) on
telephonically, the parties filed their Case Management Report
November 9, 2016, for defendant to disclose expert reports.
February 9, 2016, plaintiff filed a Motion for Summary Judgment
Defendant filed a Response in Opposition (Doc. #14)
opportunity to conduct discovery, and plaintiff filed a Reply (Doc.
Rule 56 requires adequate time for discovery prior to entry
of summary judgment.
Celotex Corp. v. Catrett, 477 U.S. 317, 322
Entry of summary judgment before the nonmoving party has
had time to conduct discovery constitutes reversible error.
WSB-TV v. Lee, 842 F.2d 1266, 1269 (11th Cir. 1988).
A party has
the right to challenge the factual evidence presented by the moving
party by conducting sufficient discovery so as to determine if it
may furnish opposing affidavits.
Snook v. Tr. Co. of Ga. Bank of
Savannah, N.A., 859 F.2d 865, 870 (11th Cir. 1988).
Ruling on the
merits of a case in which a motion for summary judgment has been
Blumel v. Mylander, 919 F. Supp. 423, 429
(M.D. Fla. 1996).
On August 30, 2016, the court issued an Amended Related Case
Order and ADA Title III Track Two Notice (Doc. #19) indicating
that the Court would be issuing a modified scheduling order.
September 9, 2016, the court issued an ADA Title III Scheduling
In light of this Scheduling Order, discovery is stayed
until such time as settlement efforts have been exhausted.
#22, ¶ 8.)
The Court finds that the motion was premature at the
conducting a factual investigation.
Accordingly, it is hereby
- 2 -
The motion will be denied.
Plaintiff's Motion for Summary Judgment (Doc. #12) is DENIED.
DONE and ORDERED at Fort Myers, Florida, this
of September, 2016.
Counsel of Record
- 3 -
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?