United States of America v. Billings

Filing 20

ORDER denying without prejudice 16 Motion for summary judgment; granting 19 Rule 56(d) Motion to deny motion for summary judgment without prejudice. Signed by Magistrate Judge Thomas B. Smith on 7/7/2015. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No: 6:15-cv-519-Orl-22TBS

VIRGIL F. BILLINGS,
Defendant.
ORDER
This case comes before the Court on Defendant’s Unopposed Rule 56(d) Motion
(Doc. 19). Under FED. R. CIV. P. 56(d), if the party responding to a motion for summary
judgment shows by affidavit or declaration that for specified reasons, it is unable to
present facts essential to justify its opposition to the motion, the court may, inter alia,
defer or deny the motion for summary judgment. On June 10, 2015, Plaintiff filed a
motion for summary judgment (Doc. 16). Defendant argues that the motion is premature
because no discovery has occurred, and he requires information in the possession of
Plaintiff to dispute the amount of Plaintiff’s claim. Plaintiff does not oppose Defendant’s
motion. Accordingly, Defendant’s motion (Doc. 19) is GRANTED, and Plaintiff’s motion
for summary judgment (Doc. 16), is DENIED WITHOUT PREJUDICE.
DONE and ORDERED in Orlando, Florida on July 7, 2015.

Copies furnished to Counsel of Record