Monsour et al v. Menu Maker Foods Inc

Filing 125

RESPONSE by Plaintiff Monsour's, Inc. re 117 MOTION for Summary Judgment (James, Richard)

Monsour et al v. Menu Maker Foods Inc

Doc. 125

Case 6:05-cv-01204-JTM

Document 125

Filed 04/16/2007

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IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS MARK MONSOUR, SHEILA MONSOUR and MONSOUR'S, INC. Plaintiffs, v. MENU MAKER FOODS, INC., Defendant. ) ) ) ) ) ) ) ) ) ) )

Case No. 05-1204-MLB

RESPONSE TO DEFENDANT'S THIRD MOTION FOR SUMMARY JUDGMENT AND RECONSIDERATION OF PRIOR RULING BY THE COURT ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Plaintiffs, by and through their counsel of record, Dustin L. DeVaughn and Richard W. James of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., assert that defendant's Third Motion for Summary Judgment [Doc. 117] and Motion for Reconsideration of the Court's denial of its previous motion for summary judgment should be denied. Defendant's multiple efforts at summary judgment have been repeatedly considered by this Court. Defendant has not obtained summary judgment and

continues to file motions before this Court. Further, this motion is filed after the deadline for dispositive motions which was June 19, 2006. Plaintiffs' counsel will not draft a separate response but instead rely upon the responses previously filed with this Court. See Documents Nos. 88, 104 and 113. Defendant also adopts the arguments in its Memorandum and Motion in Support of enforcing the settlement agreement. [Doc. 123]. As outlined in that document, the Pretrial Order that defendant relies upon in support of 1

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Case 6:05-cv-01204-JTM

Document 125

Filed 04/16/2007

Page 2 of 3

its motion has not been completed by plaintiffs' counsel because the parties agreed to settle the case. For the above and foregoing reasons, defendant's Third Motion for Summary Judgment should be denied. s/ Richard W. James___________ Dustin L. DeVaughn, #16559 Richard W. James, #19822 Donald H. Snook, #21775 Attorneys for Plaintiffs McDonald, Tinker, Skaer, Quinn & Herrington, P.A. 300 W. Douglas Ave., Ste. 500 P.O. Box 207 Wichita, KS 67201-0207 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail]

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Case 6:05-cv-01204-JTM

Document 125

Filed 04/16/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 16th day of April, 2007, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: John Val Wachtel Alex Mitchell Klenda, Mitchell, Austerman & Zuercher, 201 N Main, Ste. 1600 Wichita, Kansas 67202 Telephone: [phone] Facsimile: 316-267-0333 E-mail: [e-mail] Attorneys for Defendant Jeffrey Eastman Keleher & Eastman Law Firm 403 N.W. Englewood Rd. Gladstone Missouri 64118 Business Ph: 816-452-6030 Facsimile: 816-455-0969 Home Ph: 816-436-1506 Cell Ph: 816-213-0819 E-mail: [e-mail] Attorneys for Defendant s/ Richard W. James___________ Dustin L. DeVaughn, #16559 Richard W. James, #19822 Donald H. Snook,#21775 Attorneys for Plaintiffs McDonald, Tinker, Skaer, Quinn & Herrington, P.A. 300 W. Douglas Ave., Ste. 500 P.O. Box 207 Wichita, Kansas 67201-0207 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail]

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