Malbrough et al v. Kanawha Insurance Co et al
Filing 54
MEMORANDUM RULING re 24 MOTION for Summary Judgment filed by Kanawha Insurance Co, 26 MOTION for Telephone Status Conference filed by Lionel Simon, Carmen Malbrough, 27 MOTION for Extension of Time to File Respon se/Reply as to 24 MOTION for Summary Judgment filed by Lionel Simon, Carmen Malbrough; The parties are to contact Magistrate Judge Kay's chambers within 10 days of the issuance of this ruling in order to set a discovery schedule and other deadlines. Additionally, because the undersigned disagrees with Kanawha that the additional evidence the plaintiff seek would not affect the viability of their claims, the court dismisses the pending Motion for Summary Judgment as premature. The defendants may file a renewed Motion for Summary Judgment after the parties have been given a chance to conduct discovery. Signed by Judge Patricia Minaldi on 4/29/2013. (crt,FinnSld, P)
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