ESTATE OF MICHELLE EVETTE MCCALL et al v. UNITED STATES OF AMERICA

Filing 21

ORDER re 20 MOTION for Partial Summary Judgment filed by ESTATE OF MICHELLE EVETTE MCCALL - The court will take the motion under advisement on November 17, 2008. (See order image for complete instructions.) Internal deadline for referral to judge if response not filed earlier: 11/17/2008. Signed by District Judge M CASEY RODGERS on October 31, 2008. (cbj)

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

ESTATE OF MICHELLE EVETTE McCALL, by and through co-personal representatives EDWARD M. McCALL, II MARGARITA F. McCALL, and JASON WALLEY Plaintiffs, v. UNIT ED STATES OF AMERICA, Defendant. _________________________________/ ORDER AND NOTICE Plaintiffs have filed a motion for partial summary judgment. (Doc. 20). The court will take the motion under advisement on November 17, 2008. 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). A motion for partial summary judgment is subject to the same legal standard and, if the standard is met, has the same effect as to the issues on which partial summary judgment is sought. Fed.R.Civ.P. 56(a) and (b). 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, Case No. 3:07cv508/MCR/EMT

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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 31st day of October, 2008.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

C a se No. 3:07cv508/MCR/EMT