Dion v. Low Land Construction Co., Inc.

Filing 75

ORDER & REASONS denying 73 Motion for Leave to File Motion for Partial Summary Judgment. Signed by Judge Kurt D. Engelhardt on 8/22/2014. (mmm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
WILBERT DION

CIVIL ACTION

VERSUS

NO: 13-5222

LOW LAND CONSTRUCTION CO., INC.

SECTION: “N” (3)

ORDER AND REASONS
Pending before the Court is Defendant's motion (Rec. Doc. 73)seeking leave to file
a motion for partial summary judgment.1 On the present showing made, IT IS ORDERED that the
motion is DENIED. Specifically, although the proposed motion otherwise appears worthy of close
consideration by the Court, Defendant has not demonstrated good cause for its failure to file the
motion with the applicable deadline.2 This ruling is without prejudice to Defendant's right to make
a motion pursuant to Rule 50 of the Federal Rules of Civil Procedure. It likewise is without
prejudice to Defendant's right to timely submit a motion in limine regarding punitive damages if the
motion requires resolution of a question of law rather than an evidentiary assessment more properly
addressed via summary judgment motion.
New Orleans, Louisiana, this 22nd day of August 2014.

_________________________________
KURT D. ENGELHARDT
United States District Judge

1

The Court's July 30, 2014 order (Rec. Doc. 71) continuing the August 4, 2014 trial date did
not re-open the disposive motion deadline.
2

The Court notes that the transcripts attached to Defendant's proposed motion are for
depositions taken prior to the dispositive motion deadline.