LONG v. FAIRBANK FARMS INC et al

Filing 324

ORDER ON MOTION FOR PARTIAL JUDGMENT re 304 Motion for Judgment on the Pleadings By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MARGARET LONG,
Plaintiff,
v.
FAIRBANK FARMS RECONSTRUCTION
CORP.,
Defendant & Third-Party
Plaintiff,
v.
GREATER OMAHA PACKING
COMPANY, INC.,
Third-Party Defendant.

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ORDER ON MOTION FOR PARTIAL JUDGMENT
After the close of business on October 7, 2011, Third-Party Defendant Greater Omaha Packing
Company, Inc. (“GOPAC”) filed the pending Motion for Partial Judgment on the Pleadings (Docket #
304). The Motion is hereby DENIED IN PART AND RESERVED RULING IN PART.
To the extent GOPAC seeks to utilize Federal Rule of Civil Procedure 12(c) and have the Court
enter a partial judgment on the pleadings, the Court concludes that GOPAC’s Motion is untimely. The
timing of GOPAC’s Motion violates the express language of Rule 12(c) and also violates the procedural
orders entered by this Court. If GOPAC was contemplating any additional dispositive motions prior to
trial, it was obliged to bring this to the Court’s attention at the August 4, 2011 final pretrial conference
and the October 4, 2011 trial management conference. At this point, allowing a motion for judgment on
the pleadings would unnecessarily delay a trial that is scheduled to commence on October 31, 2011.
To the extent GOPAC’s Motion asks this Court to make a final determination regarding choice of
law in advance of trial, the Court will treat this portion of the motion as a motion in limine regarding
choice of law that was filed in advance of the established October 11, 2011 deadline. In accordance with

this Court’s Order on Motions in Limine (Docket # 296), Fairbank may file a response on the choice of
law issue by noon on October 17, 2011. No replies will be permitted.
While the Court reserves ruling on the choice of law question, as to all other issues briefed in
GOPAC’s Motion for Partial Judgment, the Motion is hereby DENIED.

SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 11th day of October, 2011.