Foley v. Cain et al

Filing 31

ORDER: The plaintiff shall have until 3/6/2015, to file sufficient affidavits, documents and other materials the court may properly consider under Rule 56 to demonstrate the existence of a disputed issue of material fact and an adequate legal basis to maintain his claims against the defendants. Defendants shall have until 3/20/2015 to file a response to the plaintiff's submission. Signed by Magistrate Judge Stephen C. Riedlinger on 02/19/2015. (BCL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

WILLIE FOLEY (#98765)
VERSUS

CIVIL ACTION

BURL CAIN, ET AL

NUMBER 13-370-BAJ-SCR
ORDER

Plaintiff filed a Motion for Summary Judgment, which was
denied. Record document numbers 18 and 21, motion; record document
number 29, Ruling and Order denying Motion for Summary Judgment.
When the plaintiff has moved for summary judgment and the
record

developed

defendants

are

on

the

entitled

plaintiff’s

motion

to

judgment,

summary

reveals
the

that

the

court

has

discretion to grant summary judgment to the defendants even though
no formal motion has been filed.

NL Industries v. GHR Energy

Corp., 940 F.2d 957 (5th Cir. 1991); Arkwright Boston Mfgs. Mutual
Ins. Co. v. Aries Marine Corp., 932 F.2d 442 (5th Cir. 1991);
Marriott Brothers v. Gage, 911 F.2d 1105 (5th Cir. 1990).
A review of the plaintiff’s Motion for Summary Judgment showed
that the summary judgment in favor of the defendants may be
appropriate.

However, before summary judgment can be granted in

favor of a party who did not request it notice and a reasonable
time to respond must be given.

Rule 56(f), Fed.R.Civ.P.

Therefore;
IT IS ORDERED that the plaintiff shall have until March 6,

2015, to file sufficient affidavits, documents and other materials
the court may properly consider under Rule 56 to demonstrate the
existence of a disputed issue of material fact and an adequate
legal

basis

to

maintain

his

claims

against

the

defendants.

Defendants shall have until March 20, 2015, to file a response to
the plaintiff’s submission.
Baton Rouge, Louisiana, February 19, 2015.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

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