Hickson v. Groom et al

Filing 84

ORDER denying 78 Motion for Clarification and/or Reconsideration. Signed by Magistrate Judge Erin Wilder-Doomes on 5/20/2019. (KAH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
HENRY HICKSON (# 369635)

CIVIL ACTION

VERSUS

NO. 17-218-SDD-EWD

GROOM, MASTER SGT., ET AL.
ORDER
Before the Court is Plaintiff’s Motion for Clarification and/or Reconsideration, 1 which
requests that this Court clarify and/or reconsider its Order regarding Defendant’s Motion to Reset
Summary Judgment Deadline. 2 Plaintiff asks that this Court limit any motion for summary
judgment filed by Defendant by disallowing any motion for summary judgment regarding
individual capacity claims asserted against Defendant Tim Delaney. 3

This Court declines

Plaintiff’s request to reconsider or clarify the Order rendered in R. Doc. 74. Defendants asked that
the summary judgment deadline be extended while Defendants’ Motion to Dismiss was pending
as the Motion to Dismiss asserted that Defendants were entitled to sovereign immunity and that
the court lacked subject matter jurisdiction. As the Motion to Dismiss was denied in part, the
Court found good cause to extend the deadline to file substantive cross-motions for summary
judgment. Summary judgment is favored in the federal courts under proper circumstances as it
reinforces the purpose of Federal Rule of Civil Procedure 1, which is to secure the speedy, just and
inexpensive determination of actions. 4 Further, the summary judgment deadline was again

1

R. Doc. 78.
R. Doc. 74.
3
R. Doc. 78.
4
U.S. v. Summers, 96-0852, 1997 WL 9985, at *1 (N.D. Tex. Jan. 6, 1997).
2

extended on March 25, 2019, as a result of this Court extending the time for discovery and
amendment of pleadings, as requested by Plaintiff. 5 Accordingly,
IT IS ORDERED that Plaintiff’s Motion for Clarification and/or Reconsideration 6 is
DENIED.
Signed in Baton Rouge, Louisiana, on May 20, 2019.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

5
6

R. Doc. 77.
R. Doc. 78.

2