David et al v. Signal InternationaL LLC et al

Filing 1509

ORDER denying 1466 Motion for Partial Summary Judgment. Signed by Judge Susie Morgan. (bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KURIAN DAVID, et al.
Plaintiffs

CIVIL ACTION

VERSUS

No. 08-1220

SIGNAL INTERNATIONAL, LLC, et al.,
Defendants

SECTION “E”

Related Cases:
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff

CIVIL ACTION

VERSUS

No. 12-557

SIGNAL INTERNATIONAL, LLC, et al.,
Defendants

SECTION “E”

LAKSHMANAN PONNAYAN ACHARI, et al.,
Plaintiffs

CIVIL ACTION

VERSUS

No. 13-6218
(c/w 13-6219, 13-6220,
13-6221)

SIGNAL INTERNATIONAL, LLC, et al.,
Defendants

SECTION "E"

Applies To: David v. Signal (08-1220)
ORDER AND REASONS
Before the Court is Signal International, LLC's ("Signal") Motion for Partial

1

Summary Judgment.1 Plaintiffs oppose Signal's motion.2
Signal seeks partial summary judgment "recognizing [its] constitutionally protected
right to pursue, at trial, its defense of innocence by questioning those who accuse it of
criminal and other wrongdoing about motive."3 Under Federal Rule of Civil Procedure
56(a), "[a] party may move for summary judgment, identifying each claim or defense - or
the part of each claim or defense - on which summary judgment is sought." Fed. R. Civ. P.
56(a).
The relief Signal seeks is not the proper object of a summary judgment motion. A
judgment recognizing Signal's right to question the plaintiffs about motive would not
resolve a "claim or defense" as contemplated by Rule 56. Although Signal asserts its motion
seeks a protection of its right to prove a defense of "innocence," Signal's motion does not
seek a judgment dismissing Plaintiffs' claims and recognizing its actual innocence. Signal
merely requests its right to pursue a defense of innocence be recognized through summary
judgment. The Court finds Signal's use of a Rule 56 motion improper.
Accordingly, IT IS ORDERED that Signal's Motion for Partial Summary Judgment
be and hereby is DENIED.
New Orleans, Louisiana, this 12th day of February, 2014.
___

____________________________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE

1

R. Doc. 1466.

2

R. Doc. 1505.

3

R. Doc. 1466, p. 1.

2