Curry et al v. SBC Communications, Incorporated et al

Filing 132

ORDER striking 121 Motion for Summary Judgment; striking 122 Motion for Summary Judgment; striking 123 Motion for Summary Judgment; granting in part 126 Motion to Expedite; denying 129 Motion for leave to accept motions for summary judgment; denying 131 Motion to Sever. Signed by District Judge David M. Lawson. (THal)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PERCY CURRY, RICK BANKS, III, MARIE HILLARD, individually and on behalf of all other similarly situated persons, Plaintiffs, v. SBC COMMUNICATIONS, INC., a.k.a. AT&T, Inc., Defendant. ____________________________________/ ORDER DENYING THE DEFENDANT'S MOTION FOR LEAVE TO ACCEPT MULTIPLE MOTIONS FOR SUMMARY JUDGMENT, GRANTING IN PART THE PLAINTIFFS' EXPEDITED MOTION TO BAR AND DISREGARD THE DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT, STRIKING THE DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT, AND DENYING THE DEFENDANT'S MOTION TO SEVER THE PLAINTIFFS' CLAIMS The matter is presently before the Court on the defendant's motion for leave to file multiple motions for summary judgment, the plaintiffs' expedited motion to bar and disregard the defendant's motions for summary judgment, and the defendant's motion to sever the plaintiffs' claims. All of the motions relate to the recent filing of three motions for summary judgment by the defendant SBC Communications, Inc. without receiving advance leave of the Court. The language of the Case Management and Scheduling Order is plain: "No party may file more than one motion for summary judgment without obtaining leave of Court." Although the defendant moved retrospectively for the Court's permission to file multiple motions for summary judgment, it did not provide an explanation for why multiple motions for summary judgment are necessary. As evident from the plaintiffs' single motion to certify the class, the factual details with Case Number 06-11728 Honorable David M. Lawson

respect to various defendants overlap significantly, and it is possible to address all of them within one motion. For that reason, the Court will deny SBC Communications, Inc.'s motion for leave to accept multiple motions for summary judgment and order the three motions for summary judgment stricken. However, to allow the parties adequate space for briefing the issues, the Court will enlarge the page limit for the defendant's motion for summary judgment and for the plaintiffs' response to that motion to thirty-five pages. Finally, the Court will deny the defendant's motion to sever plaintiffs' claims without prejudice, to be renewed after the adjudication of the forthcoming unitary motion for summary judgment. Accordingly, it is ORDERED that the plaintiffs' expedited motion to bar and disregard the defendant's motions for summary judgment [dkt # 126] is GRANTED in part. It is further ORDERED that the defendant's motion for leave to accept motions for summary judgment [dkt # 129] is DENIED. It is further ORDERED that the defendant's motions for summary judgment [dkts # 121, 122, 123] are STRICKEN from the record. The defendant may file a single motion for summary judgment, not to exceed thirty-five pages in length, on or before April 10, 2009. The plaintiffs may respond to that motion within the time frame provided in Local Rule 7.1, and their response must not exceed thirty-five pages in length. It is further ORDERED that the defendant's motion to sever the plaintiffs' claims or, in the alternative, for separate trials [dkt # 131] is DENIED without prejudice. The defendant may renew its motion after its unitary motion for summary judgment has been adjudicated. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: April 2, 2009

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PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on April 2, 2009. s/Lisa M. Ware LISA M. WARE

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