LILLO v. BRUHN et al

Filing 198

ORDER AND NOTICE - Defendants have filed nine motions for summary judgment. (Docs. 154 , 155 , 156 , 157 , 158 , 159 , 160 , 161 and 162 ). The court will take the motions under advisement on April 23, 2009. Signed by District Judge M CASEY RODGERS on 4/14/2009. (MSJ Advisement Date set for 4/23/2009.) (djb)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

STE PHE N LILLO, as Personal Representative of the Estate of JOHN R. LILLO, JR., Plaintiff, v. Case No. 3:06cv247/MCR/EMT

DANIEL A. BRUHN, et al., Defendants. _____________________________________/

ORDER AND NOTICE Defendants have filed nine motions for summary judgment. (Docs. 154-62). The court will take the motions under advisement on April 23, 2009.1 A motion for summary judgment will result in a final judgment being entered for the moving party if "the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c).

The m o t io n s for summ a r y judgment were filed February 9, 2009. Through an oversight, the court f a il e d to enter its sta n d a r d ad v i s e m e n t order sho r t l y therea f t e r . Plaintiff sough t , and rece i v e d , lea v e to file h is r e s p o n s e s to th e m otio ns no later than April 1, 2009, and in fac t did file h is responses on that date. Had the a d v is e m e n t order been timely issued, the court would have co-ordinated the date for filing the re s p o n s e s with t h e date for filing eviden t i a r y m a t e r i a l s , i.e., the date for bo t h eve n t s w o u l d have be e n A p r i l 1, 2009. T h i s da t e h a s now passed, with the parties apparently having filed all of the m a t e r i a l s they wish to present to the court f o r sum m a r y judgment purposes. Nevertheless, in light of its failure to enter the instan t order ea rlier and in a n abundance of caution, the court will permit the parties to file additional summ a r y judgment materials no l a te r than April 23, 200 9 . The h a r d c o p i e s of th e pa r t ie s ' extensive m ate ria ls-- wh ich should be properly o r g a n iz e d and fully tabbed and indexed for the court's convenient review--should also be subm i t t e d to c h a m b e r s prior to the April 23, 2009, advisement date.

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All evidentiary materials authorized to be filed under the Federal Rules of Civil Procedure must be filed with the court prior to the above advisement date. Only those evidentiary materials currently in the record or filed prior to the above date will be considered by the court in ruling on this motion. Additionally, the parties are directed to submit hard (i.e., paper) copies of their motion and/or response and all supporting exhibits, along with any other evidentiary materials, to the undersigned's chambers prior to the advisement date. NOTICE: This order and notice does not pertain to the memoranda of law or statement of facts filed in connection with a motion for or opposition to summary judgment, and thus does not extend the time set forth in the Final Scheduling Order or Local Rules for filing these written materials. The parties are cautioned that the court will not consider untimely filed memoranda, statements of fact, or supporting exhibits and other evidentiary materials. DONE and ORDERED this 14th day of April, 2009.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

C a se No. 3:06cv247/MCR/EMT