UNITED STATES OF AMERICA v. HIATT et al

Filing 71

ORDER : Presently pending before the Court is the United States of America's (the "Government's") Motion for Summary Judg ment. Mr. Hiatt failed to respond to the Government's Motion for Summary Judgment and the time for doing so has passed. Ms. Hiatt responded, but did not address the merits of the Government's motion; she instead requests further discovery pursuant to Federal Rule of Civil Procedure 56(d). Ms. Hiatt responded, but did not address the merits of the Government's motion; she instead requests further discovery pursuant to Federal Rule of Civil Procedure 56(d). [Filing No. 67.] For the reasons explained below, Ms. Hiatt is not entitled to discovery under Rule 56(d). The Court will, however, provide Ms. Hiatt an opportunity to respond to the merits of the Government's motion. the Court denies Ms. Hiatt 's Rule 56(d) request to stay the summary judgment motion and pursue further discovery. The Court, however, will allow Ms. Hiatt to respond to the merits of the Government's Motion for Summary Judgment. In doing so, Ms. Hiatt may not attach any documents that have not previously been provided by the Government, as she failed to s ubmit any Fed. R. Civ. P. 26 initial disclosures or preliminary witness and exhibit lists. [Filing No. 43 at 9.] Ms. Hiatt has until August 22, 2014, to file a res ponse brief. The Government may file a reply brief by September 5, 2014 (see Order for additional information). Signed by Judge Jane Magnus-Stinson on 8/15/2014.(SWM)